HomeMy WebLinkAboutPW18-305 - Original - WA State Dept of Ecology - Residential Waste Reduction and Recycling Program - 7/1/2017 • ''IceN r Records Management Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office, All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253- 56-572 .
® Blue/Motion Sheet Attached
® Pink Sheet Attached
Vendor Name: Department of Ecology
Vendor Number (]DE):
Contract Number (City Clerk): �L N 176� - (�5.
Category: Grant Related Agreement (Non Real Propertvl,
j Sub-Category (if applicable) G I�()u.�., << �rn
Project Name: Residential Waste Reduction and Recycling Program Grant
Contract Execution Date: 07/01/20116 Termination Date: 06/30/2019
Contract anaer: on onati Department:
g y p _ µnt: PW: Engineering
Contract Amount: 61 092.00
Approval Authority: ❑ Director ❑ Mayor ® City Council
Other Details: The City will spend $61 092 on. up to four recvclina collection events on
or before 06/30/2019.
----- _.... .
Agenda Item: Consent Calendar - 8D
TO: City Council
DATE: June 19, 2018
SUBJECT: Department of Ecology Waste 2 Resource Grant Authorize
MOTION: Authorize the Mayor to sign a Waste 2 Resources Local Solid
Waste Financial Assistance Agreement with the Department of Ecology in
the amount of $45,819.00, subject to final terms and conditions acceptable
to the City Attorney and Public Works Director.
SUMMARY: This Grant funds Residential Waste Reduction and Recycling Programs
including the Spring and Fall recycle events for collection of materials such as:
appliances, scrap metal, electronic equipment, mattresses, Styrofoam, bulky yard
debris and concrete.
The Waste 2 Resources Local Solid Waste Financial Assistance Agreement (LSWFA) is
a two year grant funded by the Washington State Department of Ecology. It pays
75% of the "total eligible cost" for recycling events, which for Kent is $45,819.00.
The remaining 25% ($15,273.00) must be paid by the local agency, and will be
matched by the King County Waste Reduction and Recycling (WRR) Grant and the
Local Hazardous Waste Management Program (LHWMP) Grant.
EXHIBITS: Waste 2 Resources Local Solid Waste Financial Assistance Agreement
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Troutner, Higgins NAY:
BUDGET IMPACT: The City will receive from the Washington State Department of
Ecology $45,819.00, distributed on a cost basis as tasks are completed. The required
25% match of $15,273.00 will come from the King County Waste Reduction and
Recycling Grant and the Local Hazardous Waste Management Program Grant.
STRATEGIC PLAN GOAL(S):
® - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and Industries that benefit our community.
® Thrlvina Ngllahhorhoods and.. Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
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STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47600 • Olympia, WA 9R.1O4-7600 •360-407-6000
711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341
July 9, 2018
Timothy Laporte
Public Works Department
400 West Gowe
Kent, WA 98032
RE: Local Solid Waste Financial Assistance Agreement No. W2RLSWFA-1719-KENTPW-
00018
Dear Timothy Laporte:
Congratulations! Enclosed is your 2017-2019 LSWFA Executed Agreement.
Ecology encourages you to submit your first payment request and progress report within the next
two weeks. Eligible costs incurred from July 1 2017 through at least./uly 9, 2018 should be
submitted for reimbursement.
Please contact the Ecology LS WFA Project Manager identified on Page 3 of your Agreement for
assistance. Thank you for helping us expedite the application process.
Sincerely,
Blake Nelson
Department of Ecology
Grants, Litter, and Outreach Unit Supervisor
360-407-6930
1�Iak�,.ncl,cawtl�r�.ucy.wu.�d�v
q DEPARTMENT OF RECEIVED
rill t%��rlllE 0 L 0 G Y Jul 2 2018
State of Washington Ecology W2R NQ
Agreement No. W2RLSWFA-1719-KentPW-00018
WASTE 2 RESOURCES LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
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Vll, 5+sfle hei',v m N of Ci(:9lctlyY CITY OF KENT
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,
hereinafter referred to as"ECOLOGY,"and CITY OF KENT, hereinafter referred to as the"RECIPIEN I'," to carry
out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title: 2017-19 LSWFA City of Kent IMP
Total Cost: $179,993.00
Total Eligible Cost: $61,092.00
Ecology Share: $45,819.00
Recipient Share: $15,273.00
The Effective Date of this Agreement is: 07/01/2017
The Expiration Date of this Agreement is no later than: 06/30/2019
Project Type: Planning/Implementation
Vji)ij t Short.Drscrigltinn;
The RECIPIENT(City of Kent) will spend$61,092.00 on holding up to four(4) Recycle Collection Events,
recycling an estimated 80 tons of mixed material and 2.3 tons of moderate-risk waste (MRW) from an expected
participation of 1,700 residents, out of an estimated 54,000 contacts made.
111'nrdeet± ng_Description:
N/A
Overall Goal:
Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental
contamination through planning and project implementation; and comply with slate and local solid and
hazardous waste management plans and laws.
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R"y iew Name: ?21'" Uf 6I:dI
RECIPIENT INFORMATION
Organization Name: CITY OF KENT
Federal "fax ID: 91-6001254
DUNS Number: 000000000
Mailing Address: 220 Fourth Ave S
Kent, WA 98032
Physical Address: 220 Fourth Ave S
Kent, Washington 98032
Organization Email: tdonati@kcntwa.gov
Contacts
Project Manager Tony Donati
Assistant Conservation Coordinator
220 Fourth Ave S
Kent, Washington 98032
Email: tdonati@kentwa.gov
Phone: (253) 856-5589
Billing Contact Corey Frame
Financial Analyst
220 Fourth Ave S
Kent, Washington 98032
Email: eframOkentwa.gov
Phone: (253) 856-5589
Authorized Tony Donati
Signatory Assistant Conservation Coordinator
220 Fourth Ave S
Kent, Washington 98032
Email tdonati@kentwa.gov
Phone: (253) 856-5589
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ECOLOGY INFORMATION
Mailing Address„ Department of Ecology
Waste 2 Resources
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Waste 2 Resources
300 Desmond Drive SE
Lacey, WA 98503
Contacts
Vicki Colgan ._._...........
Project
Manager
3190- 160th Ave SE
Bellevue, Washington 98008-5452
Email: vcol461Cecy.wa.gov
Phone: (425) 649-7224
Vicki Colgan
Financial
Manager
3190 - 160th Ave SE
Bellevue, Washington 98008-5452
Email: vco1461Ca?ecy.wa.gov
Phone: (425)649-7224
Version 10/;0,1015
Slate of Washington Departamnl of P.00102} Page 4 or 19
Agreement No: W7,RISW17A-1719-KentPW-00018
Project 11I1e. 2017-19 LSWFA Cig,of Kent IMP
Recipient Name. CH Y OP KLN t
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and
conditions of this Agreement, Scope of Work,attachments, and incorporated or referenced documents, as well as all
applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the
RECIPIENT has read, understood, and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings or
representations other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed
by authorized representatives of the RECIPLENf and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS Wf IEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments,do
agree in each and every particular and have thus set their hands hereunto.
Washington State
CITY OF KENT
Department of Ecology
3y.
Laurie Davies Date Tony Outran Date
Waste 2 Resources Assistant Conservation Coordinator
Program Manager
Template Approved to Form by
Attorney General's Oftiev
Version ID/30/2015
State oY Washington Ilepai Iment of Gcology Page 5 of 19
Agreement No. W2RI..SWPA-1719-KentPW-00019
Project I i11e: 2017-19 LSWFA City of Kent IMP
Recipient Tome CITY OF KGN'F
Dana Ralph
6 16
Mayor l Date
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SCOPE OF WORK
Task Number: I Task Cost: $61,092.00
Task"I itla Recycling Operations
I ask Description:
Activity:Collection Events
The RECIPIENT wilt spend $61,092.00 holding up to four(4) residential Recycle Collection events in a convenient
city location for regular and hard-to-recycle items, including batteries, which are considered moderate-risk waste
(MAW). Educational materials which describe how to reduce waste and recycle mere using City-sponsored or private
sector recycling programs, will also be distributed.
These are popular and well-attended community events,and eligible for reimbursement from Local Solid Waste
Financial Assistance (LS WFA.).The RECIPIENT will report program progress and expenditures for those quarters
when eligible costs related to these events occur; and may charge user fees for some items or may drop user tees to
increase volume of materials collected, crediting LSFWA for any revenue received from fees or commodity sales on
items this Agreement is directly supporting.
The RECIPIENT has contracted with a number of vendors to collect and properly recycle items at each event.
LS W FA does not pay for disposal or cost covered by existing product stewardship programs(E-cycle Washington,
LightRecycle Washington, etc.) or for any new product stewardship programs that are adopted during this Agreement
period.
Costs of membership in civic, business, and technical/professional organizations are allowed when covered in the
overhead rate. If the RECIPIENT does not charge overhead to this Task, they may be directly billed if pre-approved by
ECOLOGY.
The RECIPIENT will note a return to the requirement for ECOLOGY review before printing promotional or other
materials to be paid for by monies granted under this Agreement. The full text of this requirement can be found in
Proviso ttl8 under the General Terms and Conditions below.
'Cask Goal Statement:
To reduce waste going to the landfill and preventing environmental pollution by holding well-organized collection
events.
I°ask I.rtnectesl Outcome_
From up to four(4) collection events, the RECIPIENT expects to recycle an estimated 80 Ions of mixed material and
2.3 tons of MRW (batteries) from approximately 1,700 resident participants out of making an estimated 54,000
contacts.
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Tony Donati
Recycling Operations
Deliverables
..........
Number Description Due Dale
1,1 Work as defined in the Scope of Work for this Agreement is 063 012 0 1 9
implemented.
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BUDGET
I Funding Distribution EG180452
NOTE: The above landing distribution number is used to idenlify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to iactni&each budget
Funding Title: City of-Kent IMP F ending'I'ype: Grant
Funding Effective Date: 07/01/2017 Funding Expiration Date: 06/30/2019
Funding Source:
Title: State Building Construction Account(SRCA)
Type: State
Funding Source %: 100%
Description: Local Solid Waste Financial Assistance
Approved Indirect Costs Rate: Approved State Indirect Rate: 25%
Recipient Match %: 25%
InKind Interloeal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
City of Kent IMP Tusk Total
Recycling Operations $ 61,092.00
Total: S 61,092.00
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4"undsuu Distribution ti'tWmlalzfry;
Recipient/Ecology Share
Funding Distribution Name Recipient Match '% Recipient Share Ecology Share Total
City of Kent IMP 25.00 °in ^6 15,273.00 S 45,819.00 $ 61,092.00
Total S 15,273.00 S 45,819.00 61,092.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award, the following terms and conditions apply to you.
A. C ITkI;ll;ICAIIfIN R EGA RDlN S1JSilll.;WON, DkBARMNNI, IENI„I„IIiIMLIItinOR VOI IWIARY
EXCLUSION:
I. The RECIPIEN"1'/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred,
proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal
government, or from receiving contracts paid for with federal funds. If the RECIPfEN'l/CONTRACTOR is
unable to certify to the statements contained in the certification, they must provide an explanation as to why they
cannot.
2. The RECIPIBN'l/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRAC"FOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred,
suspended,declared ineligible, or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6. Pursuant to 2CFR 180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal
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remedies, including suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
1ulp'1/yw Ny w,yrlan,.ggv, and print a copy of completed searches to document proof of compliance.
FUNDING11. AC ' T„LI A TL],TY D TRANSP�SR NAY AC;F(hl_A,I,A) RI'I?M I [N(0
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CONTRACTOR/RECIPIENT trust complete the FFATA Data Collection Form(ECY 070-395) and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
• Receives more than $25,000 in federal funds under this award.
Receives more than SO percent of its annual gross revonues from federal funds.
Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any, invoices until it has received a completed and signed FFATA Data Collection Form.
Ecology is required to report the FFATA information for federally funded agreements, including the required
DUNS number, attiwwti�±, (y..t,ow ; iUh://wwwvl"si^..,t'ttw/, within 30 days ofagreement signature. 'fheFFATA
information will be available to the public at wwta.usgispcndirtti;.p vlr' • htltp E/wWwv usas andin I ov_t>_.
For more details on FFATA requirements, see ww wv,fsls'gov '-lil,}p r+www'wy^.P;<ls.gttvl-.
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GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL I'LRMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shalt follow the "Administrative Requirements for Recipients of Ecelegy Grants and Loans EAGL
Edition." (hUps://fortress.wa.gov/ecy/publications/SummaryPages/1701004.htm1)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
2. AMENDMENT'S AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No
subsequent modifrcation(s)or amendment(s) of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff
contacts and administrative information without the concurrence of either party.
3. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic
resources. The RECIPIENT must agree to hold harmless the Slate of Washington in relation to any claim related to
historical or cultural artifacts discovered,disturbed, or damaged due to the RECIPIENT's project funded under this
Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
picck
• For capital construction projects or land acquisitions for capital construction projects, if required, comply with
Governor Executive Order 05-05, Archaeology and Cultural Resources.
For projects with any federal involvement, if required, comply with the National Historic Preservation Act.
• Any cultural resources federal or state requirements must be completed prior to the start of any work on the project
site.
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to
implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff and contractors working at the project site.
• Implement the IDP when cultural resources or human remains arc found at the project site.
e) If any archeological or historic resources are found while conducting work under this Agreement:
• Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic
Preservation at(360) 586-3064, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement:
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• Immediately stop work and notify the Local Law Enforcement Agency or Medical Examiner/Coroner's Office, and
then the ECOLOGY Program.
e) Comply with RC W 27.53, RCW 27.44.055, and RC W 68.50.645, and all other applicable local, state, and federal
laws protecting cultural resources and human remains.
4. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIEN'f.
5. COMMUNICATION
RECIPIENT shall make every of fort to maintain effective communications with the RECIPIENT'S designees,
ECOLOGY, all affected local, state, or federal jurisdictions,and any interested individuals or groups.
6. COMPENSATION
a) Any work performed prior to effective date of this Agreernenl will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should he clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d) RECIPIENT shall not Invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbtnsernent forms, Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
t) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee
Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form
at thewebsite,http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For
any questions about the vendor registration process contact the Statewide Payee help Desk at(360)407-8180 or email
payee helpdesk(a�watech.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion
thereof, has been completed if, at ECOLOGY's sole discretion, Such payment is reasonable and approved according to
this Agreement, as appropriate, or upon completion ol'an audit as specified herein.
j) RECIPIENT must submit within thirty(30) days after the expiration date oFthis Agreement, all Financial,
performance, and other reports required by this agreement. failure to comply may result in delayed reimbursement.
7. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal,slate and local laws, orders, regulations, and permits
related to this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United Slates and the Slate
of Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations,and policies against
discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project
timeline for the permit and approval processes.
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ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
8. CONFLICT OF INTERES"f
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or
responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial
interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part,
in this Agreement or the proceeds thereof.
9. CONTRACTING FOR GOODS AND SERVICES
RF,C1PfFN I may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction, purchase of goods, equipment,services, and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certification that they have Followed Illicit standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIEN Ps normal procedures may be disallowed at ECOLOGY's sole discretion.
10. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this
Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a) RECIPIENT notifies the funding proglem of an appeal request.
b) Appeal request must he in writing and state the disputed issue(s).
c) RECIPIEN"f has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of
such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. 'I he decision of the Director or
duly authorised representative will he final and conclusive.
The parties agree that this dispute process will precede any action in ajudicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance ofthis
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in
addition to the dispute resolution procedure outlined above.
If. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses
environmental measurement data, RECLPIF.N'IS unsure about whether a QAPP is required for their project shall contact
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the ECOLOGY Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall:
Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance
(QA)officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July
2004 (Ecology Publication No.04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RFCIPIFNT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system (LIM), unless the ECOLOGY Program instructs otherwise.The
RECIPIENT must confirm with ECOLOGY that complete and correct data was success fully loaded into EIM, Find
instructions at:http:l/www.eey.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected
and processed. Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-(;IS/Standards. RECIPIENT,
when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables,
raw data collection files, map products, and all metadata and project documentation.
12. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
13. INDEIvFNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees, and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws ofthe State of Washington permit, each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission of that party or that party's agents or employees arising out of this Agreement.
14. INDEPENDENT STATUS
'Ihe employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue
to be employees, volunteers, or agents of that party and will not Cor any purpose be employees, volunteers, or agents of
the other party.
15. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement
to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift
in return for award of a subcontract hereunder.
16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBF)
RECIPIEN"f is encouraged to solicit and recruit, to the extent possible,certified minority-owned (MBE) and
women-owned(WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on M WBE participation: however,the RECIPIEN"I' is encouraged
to take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b) Divide the total requirements, when economically feasible, into smalter tasks or quantities, to permit maximum
participation by qualified minority and women's businesses.
e) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified
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minority and womcn's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
17. ORDER OF PRECEDENCE,
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved
by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b)The
Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (c) Any provisions or to rris incorporated herein by
reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (0 the
General Terms and Conditions.
18. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the
fulfillment of this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days
prior to production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials, and all tangible products developed such as brochures,manuals, pamphlets,
videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message,such as a refrigerator
magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to
provide a copy,then the RECIPIENT shall provide a description(photographs, drawings, printouts, etc.) that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's
graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
19. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31. April 1 through June 30,July I
through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after
the end of the quarter being reported.
e) RECIPIENT must Submit within thirty(30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
20. PROPERTY RIGLITS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s)or property, and to
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authorize others to use the same for federal, state, or local government purposes.
b) Publications. When the RPCIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information; present papers, lecture.,, or seminars involving information supplied by ECOLOGY; or use logos, reports,
maps, or other data in printed reports,signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate.ECOLOGY shall
acknowledge the RECIPIE:N"f as the sole copyright owner in every use or reproduction of the materials.
d) "tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology
Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement.
N Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost, stolen, or dmnaged while in the RE.CIPIENT's possession, then ECOLOGY shall
be reimbursed in cash or by sotolf by the RECIPIEN I for the fair market value of such property.
I) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
I. RFCIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens
certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim
which would impair the uses intended by this Agreement.
g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any
equipment, property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance
which monies granted pursuant to this Agrocment bear to the total acquisition, purchase, or construction costs of such
property.
21. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State or-
Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will he
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of
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this Agreement and for at least three (3)years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative,at all reasonable limes,
in order to monitor and evaluate performance,compliance, and any other conditions under this Agreement.
22. RECOVERY OF FUNDS
The right of the RECIPIEN"f to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)
or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty(30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the
time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIEN"I's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
23. SF,VERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision, and to this end the provisions of this Agreement are declared to be severable.
24. STATE ENVIRONMENTAL POLICY ACT(SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State
Environmental Policy Act(Chapter 43.21 C RC W and Chapter 197-1 1 W AC) have been or will be met. Any
reimbursements are subject to this provision.
25. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time,and without cause,suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low
impact meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers
and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products
with reduced packaging, office products that are refillable, rechargeable, and recyclable,and 100% post-consumer
recycled paper.
For more suggestions visit ECOLOGY's web page: Green Purchasing, ,
https://ecology.wa.gov/Regulations-Permits/G ui dance-techn i cal-assistance/S tistaitiab le-purchasing.
27, TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
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RECIPIENT, at the sole discretion of F,COLOGY, for failing to perform an Agreement requirement or for a material
breach ofany term of condition. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within tour(4) months after the effective date of this Agreement, or by any date
mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIEN"I'is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIEN'I unjustifiably fails, in the
opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any
further funds,terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from
the RECIPIENT is determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best
interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIEN h, except as noted
below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds, ECOLOGY's ability to make payments is contingent on availability of funding. In the event
funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate
the Agreement, in whole or pail, or renegotiate the Agreement, subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufticiency is resolved. L'COLOGY may exercise any of these options with no notification or restrictions, although
ECOLOGY will make a reasonable attempt to provide notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor
through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the
recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the
agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIF,Nf prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIEN"I's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in pall, at any time, by mutual written
agreement.
d) In Event ofPermination
All finished or unfinished documents,data studies, surveys, drawings, maps, models, photographs, reports or other
materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of
ECOLOGY and the RECIPIEN I shall be entitled to receive just and equitable compensation for any satisfactory work
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completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
28. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
29. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
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