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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 10/19/2015 (3) I Public Works Committee Agenda i -'^ Councilmembers: Brenda Fincher - Dana Ralph - Dennis Higgins, Chair a.a„ .ani , .KeAt October 19, 2015 4 p.m. Item Description Action Speaker Time Pace 1. Call to order Chair Higgins 1 2. Roll Call Chair Higgins 1 3. Changes to the Agenda Chair Higgins 1 4. Approval of Minutes, dated October 5, 2015 YES Chair Higgins 3 3 5. Department of Ecology Coordinated YES Gina Hungerford 05 7 Prevention Grant 6. Local Hazardous Waste Management YES Gina Hungerford 05 25 Program 7. Information Only/Snow and Ice Preparation NO Bill Thomas 10 33 8. Information Only/Stormwater Rates Analysis NO Mike Mactutis 10 35 Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Monday of each month at Kent City Hall, Council Chambers East, 220 41h Ave S, Kent, WA 98032. For additional information please contact Cheryl Viseth at 253-856-5500. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. z This page intentionally left blank Public Works Committee Minutes 3 October 5, 2015 Item 1 — Call to Order: The meeting was called to order at 4:02 p.m. by Committee Chair, Dennis Higgins. Item 2 — Roll Call: Committee members present: Dennis Higgins and Brenda Fincher were present. Committee member Dana Ralph had an excused absence. Item 3 — Chances to the Agenda: There were no changes to the agenda. Item 4 — Approval of Meeting Minutes Dated September 21, 2015: Committee member Fincher MOVED to approve the minutes of September 21, 2015. The motion was SECONDED by Committee member Ralph and PASSED 2-0. Item 5 —2016 Business & Occupation and Residential Street Repair Project Lists: Pavement Engineer, Joe Araucto went over the list of projects that, if approved, will be worked on in 2015 through 2016. The Department recommends pavement replacement on the James Street hill climb between Central Avenue and 94th Avenue, as well as landscape work between the sidewalk and the curb. A second major endeavor would be to begin the pavement replacement on 80th Avenue between 194th and 192nd streets. Staff recommends that this be repaved with concrete due to the very high truck count and it being in a high water table area. The concrete surfacing will perform much better over time and would be more economical over a life cycle. Araucto stated that staff also expects to be able to do some work on missing portions of sidewalk on Reith road. It was recommended that funds be set aside to potentially complete the landscape island renovation on Pacific Highway South; $150,000 for continuing the flashing left turn arrow program. The exact amount cannot be determined until the existing wiring and controller configuration is analyzed for the selected signal systems. Araucto went over the Residential street maps that listed streets that are planned for pavement overlay work. Kelly Peterson, Transportation/Special Projects Manager quickly went over the Traffic Loops project and what it entails. He stated we have 9 flashing arrows and 24 new signals and are looking to get 3 additional flashing yellow lights. Committee Member Fincher MOVED to Approve the 2016 street improvement project lists, pay for these additional project costs, except as may be supplemented by grant funds or additional Council authorization, from available Business and Occupation Tax receipts, or from solid waste utility tax receipts for the residential street repair, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Higgins and PASSED 2-0. 1 Public Works Committee Minutes 4 October 5, 2015 Item 6 — Proiect Funding Agreement for Mill Creek Side Channel — Leber Restoration Proiect: Matt Knox, Environmental Biologist noted that he will present the two grants (items 6 and 7) together with two separate motions to be approved. Knox stated that the City of Kent proposes to construct a floodplain wetland off of Mill Creek providing a large salmon habitat. The Leber property is located adjacent to Highway 167 and the Green River and Downey Farmstead adjacent to Highway 516. The design was funded by Salmon Recover Funding Board grants. This last increment of funding will be used to complete the remaining phase of construction and will include: 1000 LF of new off-channel habitat; 43 log structures designed to maximize salmon habitat; removal of invasive vegetation; improvement of more than five acres of riparian and two acres of upland plantings to increase diversity, density and shading with a focus on increasing conifer density. Committee Member Fincher MOVED to recommend Council authorize the Mayor to sign the Washington State Recreation and Conservation Office Salmon Recovery Funding Board (SRFB) agreement for Mill Creek Side Channel — Leber project, and direct staff to accept the grant and establish a budget for the project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Higgins and PASSED 2-0. Item 7 — King County Flood Control District Cooperative Watershed Management Grant, Proiect Funding Agreement for Mill Creek Side Channel — Leber and Downey Farmstead Restoration Proiects: Item was discussed with Item 6. Committee Member Fincher MOVED to recommend Council authorize the Mayor to sign the King County Cooperative Watershed Management Grant (CWM) in the amount of $664,227.00 and direct staff to accept the grant and establish budgets for the projects subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Higgins and PASSED 2-0. Item 8 — Information Only/Russell Road Upper Levee — North Reach River Protection Easement — Marina Pointe HOA: Alex Murillo, P.E., Environmental Engineering Supervisor gave a brief background and quick update of this project which is located along the Green River on the west side of the Lakes Community. It is currently under construction and will meet FEMA accreditation standards. Murillo provided an update on the construction progress. A condemnation ordinance hearing was held on August 18, 2015 City Council Meeting. At that meeting, a request was made by City Council to update the Public Works Committee on the status of the River Protection Easement that is needed by the King County Flood Control District for inspection and maintenance of the levee along a privately owned area of the Marina Pointe Homeowners' Association. Murillo provided a brief summary on the progress to date regarding the River Protection Easement. INFORMATION ONLY/NO MOTION REQUIRED 2 Public Works Committee Minutes 5 October 5, 2015 Item 9 — Information Only/Public Works Operations (Russell Road) Bulk Fueling Facility: Ron Green, Fleet Superintendent noted that the Kent East Hill Operations Center (KEHOC) master plan included construction of a new fueling facility with above ground tanks. The plan was to decommission the underground tanks and upgrade the Russell Road Operations facility with above ground tanks, overhead canopy, dispensers, and automated fuel management system once the KEHOC was up and running. With the decision to discontinue construction of the KEHOC there is concern about imminent deficiencies in the existing underground fuel tanks, and the fuel dispensing equipment at the Public Works Maintenance and Operations facility on Russell Road. Green noted that the underground tanks are 26 years old, are not leaking and are compliant with the Department of Ecology (DOE), for now. Concerns include the liability that may be incurred due to the proximity of the pumps to the Green River; the potential cost to mitigate in the future should they begin leaking and that the existing dispensing equipment is obsolete and well past its life cycle. Maintenance on these dispensers has become an issue due to their age and availability of serviceable parts. Additionally, the chip key fuel management software system is no longer sustainable. Green went on to state that the fuel facility does not meet current requirements of an overhead canopy covering the fuel islands to reduce and contain contaminants from storm-water runoff. INFORMATION ONLY/ NO MOTION REQUIRED Item 10 — Information Only/James Street Hill Climb Planters: Mark Howlett, P.E., Design Engineering Manager noted that the condition of James street sidewalk sections that have been repaired due to buckles made by street trees. Howlett showed an artist rendition of what the area may look like with alternative plants. An open house was held on April 9, 2015 to solicit input from the public about what they would like to see planted in the strips. Staff has reviewed all the information and will provide an update on the progress at a later meeting. INFORMATION ONLY/NO MOTION REQUIRED The meeting was adjourned at 5:05 p.m. ChexyLVOetiV Council Committee Recorder 3 6 This page intentionally left blank 7 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: October 15, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 19, 2015 From: Gina Hungerford. Conservation Coordinator Through: Kelly Peterson, AICP, Transportation/Special Projects Manager Chad Bieren, P.E., City Engineer Subject: Washington State Department of Ecology Coordinated Prevention Grant (CPG) Motion: Move to recommend Council authorize the Mayor to accept the Coordinated Prevention Grant in the amount of $123,522.67 and authorize expenditure of the grant funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Coordinated Prevention Grant is a two year grant funded by the Washington State Department of Ecology. It pays 75% of the "maximum eligible program cost" which for Kent is $123,522.67. A 25% match will be provided by the King County Waste Reduction and Recycling Grant. This Grant funds Residential and Commercial Waste Reduction and Recycling Programs including events for collection of materials hard-to-recycle at the curb: appliances, electronic equipment, mattresses, Styrofoam, bulky yard debris, concrete and tires. Exhibit: Coordinated Prevention Grant Budget Impact: The City will receive from the Washington State Department of Ecology $92,642.00, distributed on a cost basis as tasks are completed. The required 25% match of $30,880.67 will come from the King County Waste Reduction and Recycling Grant. 8 This page intentionally left blank Agreement No: W2RCPG-1517-KentPW-00075 Ppge 1 of 16 Project Title: 2015-17 CPG Kent IMP 7 Recipient Name: City ofKent DEPARTMENT OF %%%%/// ,i,I ECOLOGY State of Washington Agreement W2RCPG-1517-KentPW-00075 WASTE 2 RESOURCES COORDINATED PREVENTION GRANT PROGRAM AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND 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 'RECIPIENT"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: 2015-17 CPG Kent IMP Total Cost: $123,522.67 Total Eligible Cost: $123,522.67 Ecology Share: $92,642.00 Recipient Share: $30,880.67 The Effective Date of this Agreement is: 07/10/2015 The Expiration Date of this Agreement is no later than 06/30/2017 Project Type: Implementation Project Short Description: The RECIPIENT(City of Kent)will host up to six (6)Residential Recycling Collection Events for City residents with its $123,522.67 CPG monies. The RECIPIENT expects to divert 300 tons of recycled material, which includes an estimated 25 tons of organics and 60 tons of moderate risk waste,from 4000 residential participants as a result of making over 188,000 resident contacts during the 2015-17 grant cycle. Project Long Description: N/A Overall Goal: Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 1Ppge2of16 Project Title: 2015-17 CPG Kent IMP ��JJ Recipient Name: City ofKent RECIPIENT INFORMATION Organization Name: City of Kent Federal Tax 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: ghungerford#kentwa.gov Contacts Project Manager Regina Hungerford Conservation Coordinator PW Works Engineering 220 Fourth Ave. S. Kent, Washington, 98032 Email: ghungerford#kentwa.gov Phone: (253) 856-5549 Billing Contact Paul Devine General Manager 4715 SW WALKER ST Seattle, Washington, 98116 Email: pauldevine#msn.com Phone: (206)938-8262 Authorized Regina Hungerford Signatory Conservation Coordinator PW Works Engineering 220 Fourth Ave. S. Kent, Washington, 98032 Email: ghungerford#kentwa.gov Phone: (253) 856-5549 W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 fige3of16 Project Title: 2015-17 CPG Kent IMP Recipient Name: City ofKent 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 Lacey, WA 98503 Contacts Project Vicki Colgan Manager 3190 160th Ave SE Bellevue, Washington, 98008-5452 Email: vcol461#ecy.wa.gov Phone: (425)649-7224 Financial Vicki Colgan Manager 3190 160th Ave SE Bellevue, Washington, 98008-5452 Email: vcol461#ecy.wa.gov Phone: (425)649-7224 W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 iPege 4 of 16 Project Title: 2015-17 CPG Kent IMP 12 Recipient Name: City ofKent SCOPE OF WORK Task Number: 1 Task Cost: $123,522.67 Task Title: WR&R: Residential Collection Events Task Description: The RECIPIENT will host up to six(6)Residential Recycling Collection Events for City residents during this grant cycle. The events will provide residents with the opportunity to divert hard-to-recycle items from the waste stream by recycling them in a convenient City location, as well as serve as an opportunity to distribute educational materials on how to reduce waste and recycle using City-sponsored or private sector WR&R programs. The RECIPIENT may charge user fees for some items or may drop user fees to increase the volume of materials collected. The RECIPIENT will credit this grant for any revenue received from the collection of fees or commodity sales on items the grant is directly supporting. In addition, the Coordinated Prevention Grant Program does not pay for costs covered by an existing product stewardship program(such as E-cycle Washington, LightRecycle Washington, or Call2Recycle). Contact your Ecology grant project manager or consult the following website if you are unsure about a cost's grant-eligibility:http://www.ecy.wa.gov/programs/swfa/ProductStewardsMpFAQ.html. The costs of membership in civic, business, and technical/professional organizations are allowed to the extent they are covered in the overhead rate. If the RECIPIENT does not charge overhead to this task,it may directly bill for membership(s)pre-approved by ECOLOGY. Task Goal Statement: Decreasing the amount of organics, moderate risk waste (MRW), and other hard-to-recycle items from being landfilled by holding collection events in a convenient location for City residents, is the goal of the program, thereby also keeping environmentally damaging materials from finding their way to stonndrains, streams, and other isolated sites in our City. Human health risks from these materials will be lowered as well. Task Expected Outcome: The RECIPIENT expects to divert 300 tons of recycled material, which includes an estimated 25 tons of organics and 60 tons of moderate risk waste, from 4000 residential participants as a result of making 188,000 resident contacts. The RECIPIENT will provide the following information to the Department of Ecology for project evaluation: 1)The number of events held. 2)The number of event participants attending-the site greeter will count cars as they arrive. 3)The volume of each material collected in pounds/tons as reported from event vendors and from material delivered to recycling centers. 4)The numbers of promotional/educational contacts made. Recipient Task Coordinator: Paul Devine W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 iPeS{e 5 of 16 Project Title: 2015-17 CPG Kent IMP 13 Recipient Name: City ofKent WR&R: Residential Collection Events Deliverables Number Description Due Date 1.1 Ql: No work this quarter. 1.2 Q2: Arrange date and site for event. Arrange event vendors. Hold Recycling Collection Event. Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. 1.3 Q3: Arrange date and site for event. Arrange event vendors. Hold Recycling Collection Event. Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. 1.4 Q4: Arrange date and site for event. Arrange event vendors. Hold Recycling Collection Event. Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. 1.5 Q5: No work this quarter. 1.6 Q6: Arrange date and site for event. Arrange event vendors. Hold Recycling Collection Event. Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. 1.7 Q7: Arrange date and site for event. Arrange event vendors. Hold Recycling Collection Event. Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. 1.8 Q8: Arrange date and site for event. Arrange event vendors. Hold Recycling Collection Event. Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement and closeout. W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 P�e 6of 16 1 Project Title: 2015-17 CPG Kent IMP 1 Recipient Name: City ofKent BUDGET Funding Distribution EG160221 Funding Title: State Building Construction Account Funding Type: Grant Funding Expiration Date: 06/30/2017 Funding Effective Date: 07/10/2015 Funding Source: Title: State Building Construction Account(SBCA) Type: State CFDA: Assistance Agreement: Description: Recipient Match%: 25 InKind Interlocal Allowed: Yes InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No State Building Construction Account Task Total WR&R: Residential Collection Events $ 123,522.67 Total: $ 123,522.67 W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 P�ge7of16 1 Project Title: 2015-17 CPG Kent IMP s Recipient Name: City ofKent Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total State Building Construction 25.00 % $ 30,880.67 $ 92,642.00 $ 123,522.67 Account Total S 30,880.67 S 92,642.00 S 123.522.67 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS Indirect costs can be charged at a rate of up to 25%of salaries and benefits. 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. CERTIFICATION REGARDING SUSPENSION, DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/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 RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/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 the department for assistance in obtaining a copy of those regulations.. 4. The RECIPIENT/CONTRACTOR 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 2CFR180.330,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 W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 iPgge 8of 16 Project Title: 2015-17 CPG Kent IMP 16 Recipient Name: City ofKent Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal 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 <http://www.sam.gov>and print a copy of completed searches to document proof of compliance. Federal Funding Accountability And Transparency Act (FFATA)Reporting Requirements: RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the signed agreement to ECOLOGY. Any RECIPIENT that meets each of the criteria below must also report compensation for its five top executives, using FFATA Data Collection Form. Receives more than$25,000 in federal funds under this award; and Receives more than 80 percent of its annual gross revenues from federal funds; and Receives more than$25,000,000 in annual federal funds ECOLOGY will not pay any invoice 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, at www.fsrs.gov<http://www.fsrs.gov>within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov<http://www.usaspending.gov>. For more details on FFATA requirements, see www.fsrs.gov<http://www.fsrs.gov>. GENERAL TERMS AND CONDITIONS 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition". https://fortress.wa.gov/ecy/publications/SummaryPages/1401002.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. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(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 or cultural W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 e 9of 16 1P� Project Title: 2015-17 CPG Kent IMP 1 Recipient Name: City ofKent resources. Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to approval by ECOLOGY. RECIPIENT shall: a) Immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this Agreement. b) Immediately notify the Department of Archaeology and Historic Preservation at(360) 586-3064, in the event historical or cultural artifacts are discovered at a work site. c) Comply with Governor Executive Order 05-05, Archaeology and Cultural Resources, for any capital construction projects prior to the start of any work. d) Comply with RCW 27.53, Archaeological Sites and Resources, for any work performed under this Agreement, as applicable. National Historic Preservation Act(NHPA)may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact cultural or historic properties. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort 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 Agreement will beat 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 be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible may require approval by ECOLOGY prior to purchase. 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 reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) 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 the website, http://www.des.wa.gov/services/ContractingPurchasingBusiness/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at(360) 407-8180 or email payeehelpdesk#des.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 maybe 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 of an audit as specified herein. j) RECIPIENT should submit final requests for compensation within thirty (30)days after the expiration date of this Agreement. Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable Federal, State 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 States and the State of Washington which affect wages and job safety. W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 P�ye 10 of 16 i Project Title: 2015-17 CPG Kent IMP O Recipient Name: City ofKent b) RECIPIENT agrees to be bound by all 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. 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 INTEREST 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 RECIPIENT 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 their 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 RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUfES 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 program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT 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. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial 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 W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 iP�pe 11 of 16 Project Title: 2015-17 CPG Kent IMP 17 Recipient Name: City ofKent 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 of this Agreement and in accordance with the decision rendered. Nothing in this contract will be construed to limit the parties'choice of another mutually acceptable method,in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL STANDARDS a) RECIPIENTS who collect environrental-monitoring data must provide these data to ECOLOGY using the Environmental Information Management System(EIM). To satisfy this requirement these data must be successfully loaded into EIM, see instructions on the EIM website at: http://www.ecy.wa.gov/eim. b) RECIPIENTS are required to follow ECOLOGY's data standards when Geographic Information System (GIS)data are collected and processed. More information and requirements are available at: http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENTS 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. c) RECIPIENTS must prepare a Quality Assurance Project Plan(QAPP)when a project involves the collection of environmental measurement data. QAPP is to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating data. RECIPIENTS must follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004(Ecology Publication No. 04-03-030). ECOLOGY shall review and approve the QAPP prior to start of work. The size, cost, and complexity of the QAPP should be in proportion to the magnitude of the sampling effort. 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. INDEMNIFICATION 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 of the 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 The 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 for 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(MWBE) RECIPIENT 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. W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 .�PpXe 12 of 16 Project Title: 2015-17 CPG Kent IMP L 0 Recipient Name: City ofKent Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT 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 smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Nfinority 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) Scope of Work; (c) Special Terms and Conditions; (d)Any provisions or terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and(e) the General Terns and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS RECIPIENT shall obtain ECOLOGY's approval for all communication materials or documents related to the fulfillment of this Agreement. Steps for approval: a) Provide a draft copy to ECOLOGY for review and approval ten(10)business days prior to production and distribution of any documents or materials compiled or produced. b) ECOLOGY reviews draft copy and reserves the right to require changes until satisfied. c) 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, such as a refrigerator magnet with a message as well as media announcements, and any other online communication products such as Web pages,blogs, and Twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT must provide a complete description including photographs, drawings, or printouts of the product that best represents the item. RECIPIENT shall include time in their project timeline for ECOLOGY's review and approval process. RECIPIENT shall acknowledge in the materials or documents 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 reportfornat. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 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 shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 e 13 of 16 Project Title: 2015-17 CPG Kent IMP L 1 Recipient Name: City ofKent a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, 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 authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;present papers, lectures, 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 RECIPIENT 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 famished 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. e) 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 damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: a. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. b. 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 maybe 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 Agreement 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 auditor inspection by ECOLOGY, or by any duly authorized audit representative of the State of 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 be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 .�Pege 14 of 16 Project Title: 2015-17 CPG Kent IMP L G Recipient Name: City ofKent 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 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 times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 22. RECOVERY OF FUNDS The right of the RECIPIENT 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 RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. SEVERABILITY 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 43.21C RCW and Chapter 197-11 WAC)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. W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 .�Pege 15 of 16 Project Title: 2015-17 CPG Kent IMP L J Recipient Name: City ofKent For more suggestions visit ECOLOGY's web pages: Green Purchasing, http://www.ecy.wa.gov/programs/swfa/epp and Sustainability,www.ecy.wa.gov/sustainability. 27. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any tern or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terns 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 four(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 RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT 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 RECIPIENT. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terns 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 part, 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 insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions. 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 RECIPIENT 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 RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 ripe 16 of 16 Project Title: 2015-17 CPG Kent IMP LL Recipient Name: City ofKent materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work 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. W2RCPG-1517-KentPW-00075 25 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: October 15, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 19, 2015 From: Gina Hungerford, Conservation Coordinator Through: Kelly Peterson. AICP, Transportation/Special Projects Manager Chad Bieren, P.E., City Engineer Subject: Seattle-King County Health Department Local Hazardous Waste Management Program (LHWMP) Grant Amendment 1 Motion: Move to recommend Council authorize the Mayor to accept Amendment 1 to the Local Hazardous Waste Management Program Grant providing $35,082.26 for 2016 and authorize expenditure of grant funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Seattle/King County Health Department's Local Hazardous Waste Management Program Grant, previously an annual grant, is moving to a biennial budget cycle with this Amendment. Funding is intended to help cities protect public health and the environment from toxins and hazardous products and wastes. The grant covers collection of hazardous waste at three special recycling collection events for residents, as described in the attached Grant Agreement's Scope of Work. Exhibit: Local Hazardous Waste Management Program Grant Amendment 1 Budget Impact: The City will receive $35,082.26. No match is required. The Local Hazardous Waste Management Program grant fully funds the collection of hazardous waste collected at the three events the City hosts each year. 26 This page intentionally left blank Public Health, 27 Seattle F&King County��11 AMENDMENT PHSKC Agreement #EHS3678 Amendment #1 This Amendment between PHSKC and the Recipient changes the referenced Agreement for the following purpose(s): Extends end date of agreement to 12/31/2016 and adds year two funding of$35,082.26 to continue hazardous waste education activities to protect residents' health and the environment. Recipient Name &Address: City of Kent 220 41" Avenue S Kent, WA 98032-5895 Project Title: Local Hazardous Waste Management Program Effective Date of Amendment: June 1, 2015 Agreement End Date: ❑ No Change X Change to: December 31, 2016 Agreement Amount: ❑ No Change X Change to: $68,862.07 Funding Details: ❑ No Change X Revise the following funding details: Funding Source PHSKC Contract# Amount Effective Dates New or Revised County- LHWMP $35,082.26 61112015—1213112016 NEW Funding Summary: ❑ No Change X Revise to read: FEDERAL: $0 COUNTY: $35,082.26 STATE: $0 OTHER: $0 Exhibits: ❑ No Change X Revise as follows: REPLACE following exhibits as attached hereto: • EXHIBIT A—Scope of Work • EXHIBIT B— Budget • EXHIBIT C— Invoice King County Terms&Conditions: X No Change ❑ Revise as follows: All other terms and conditions of the referenced Agreement and any previous Agreement amendment not revised herein shall remain unchanged and in full force and effect. RECIPIENT SIGNATURE PRINTED NAME AND TITLE DATE SIGNED PHSKC SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Ngozi Clew, Environmental Health Division Director 2s EXHIBIT A SCOPE OF WORK AMENDMENT #1 CITY OF KENT 1/1/2015-12/31/2016 Background The Local Hazardous Waste Management Plan (hereafter referred to as the "Plan") as updated in 1997 and 2010, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle-King County Department of Public Health) and cities located in King County. The Washington State Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the "Program"). The purpose of this Exhibit is to define the relationship associated with the Program's funding of City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee (hereinafter referred to as the "MCC"). This Agreement further defines the responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City of Kent will organize six citywide household hazardous waste collection and recycling events. At these events the following materials will be collected and recycled: motor oil, motor oil filters, petroleum based products, antifreeze, batteries, CFCs and other materials if determined to be cost effective. Responsibilities of the Parties The Citv 1. The City shall develop and submit project proposals and budget requests to the Program's Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Contract Administrator: a) An invoice (see Exhibit C). Invoices should be sent to the Contract Administrator for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or afinancial statement prepared by the City's finance department. The financial statements should include vendor EHS3678—Amendment#1 - City of Kent 1 29 names, a description of services provided, date paid and a check or warrant number. 3. The City shall notify the Contract Administrator no later than December 15a' regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced—in part or in whole—with Program funds. The intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Gina Hungerford at the City of Kent, 220 Fourth Ave. S, Kent at(253) 856-5549, (ghungerford(okentwa.gov) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator should be referred to the LHWMP Program Director for resolution. Seattle-King County Department of Public Health 1. Seattle-King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten (10)working days of receiving a request for reimbursement from the City, the Contract Administrator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made,this shall be done by written notification to the City providing the reason for such exception. The Contract Administrator will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Contract Administrator retains the right to withhold all or partial payment if the City's invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. EHS3678—Amendment#1 - City of Kent 2 30 Program Contacts Lynda Ransley Paul Shallow LHWMP Program Director LHWMP Contract Administrator 150 Nickerson Street, Suite 204 401 Fifth Ave., Suite 1100 Seattle WA 98109 Seattle WA 98104 206-352-8163 206-263-8487 lynda.ransleyAkingcounty.go v Paul.shallowAkingcounty.Rov EHS3678—Amendment#1 - City of Kent 3 31 EXHIBIT B 2015-2016 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM City of Kent 220 Fourth Ave. S Kent, WA 98032 Component Description 2015 Budget 2016 Budget Total Household Hazardous Waste Education Household Hazardous $33,779.81 $35,082.26 $68,862.07 Waste Collection TOTAL $33,779.81 $35,082.26 $68,862.07 Footnote: The 2015 and 2016 budgets can be partly or totally spend in either 2015 and/or 2016 but cannot exceed the budget total in these two years. EHS3678—Amendment#1 -City of Kent 32 INVOICE Contract Number: EHS3678 King County Accounts Payable Information Exhibit: C Purchase Order# Amendment#1 Supplier Name City of Kent Remit to:City of Kent Supplier# 1585 220 Fourth Avenue South Supplier Pay Site City of Kent Kent WA 98032 Invoice Date Gina Hungerford Invoice# 253-856-5549 Amount to be Paid ghungerford@kentwa.gov Note to AP Print on Remittance Paul Shallow 206-263- Submit signed invoice to: LHW Program name&phone 8487 Paul Shallow Public Health -Seattle & King County Local Hazardous Waste Management Program 401 Fifth Ave., Suite 1100 Seattle, WA 98104 206-263-8487 paul.shallow@kingcounty.gov Invoice for services rendered under this contract for the period of: Total Current Previous Expenditure Item 2016 Budget Expenditure Expenditure Balance HHW Education HHW Collection 68,862.07 22,519.87 $46,342.20 TOTAL 68,862.07 $22,519.87 $46,342.20 I,the undersigned,do hereby certify under penalty of perjury,that this is a true and correct claim for reimbursement services rendered. I understand that any false claims, statements, documents, or concealment of material fact may be prosecuted under applicable Federal and State laws.This certification includes any attachments which serve as supporting documentation to this reimbursement request. Signed Date Contract Administrator Approval Date Print Name 33 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 W Gowe St. Kent, WA 98032-5895 Date: October 16, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 19, 2015 From: Bill Thomas, Street Superintendent Through: Dave Brock, P.E., Operations Manager Subject: Information Only/Snow and Ice Preparation INFORMATION ONLY/NO MOTION REQUIRED Summary: The Public Works Operations Division is responsible for responding to snow and ice conditions throughout the winter season. In a typical year, Kent experiences 2-3 significant events that require a prolonged response from staff. Staff is prepared to work around-the-clock to address conditions. Crews are currently prepping for the 2015-16 winter season. We have enough materials stock piled to sustain us for a five day event. Snow and ice response equipment consisting of eight trucks with plows seven with sanders, one truck with liquid anti-icing application equipment and a plow, and a motor grader are also being prepped for the season. Annual coordination meetings are held with the Police Department in advance of the winter snow and ice season. Operations staff and the Police department work hand-in- hand during response events. The Police Department takes a lead role in facilitating the removal of vehicles abandoned in the roadway they also temporarily close priority routes during heavy snow events to facilitate access by snow and ice removal equipment. During a snow and ice event, Operations response staff address prioritized arterial routes first. These routes are identified in the Snow and Ice Response Plan, which is available on the City's website. As roadways are closed or opened during a response event, updates are posted on the City's www.drivekent.com website. Other public communication methods utilized include Kent radio, the Traffic Alert system (e-mail), and variable message boards. Staff also works closely with the Department of Transportation and King County Metro. Budget Impact: Snow and ice response is an unbudgeted general fund expense. The duration of a significant event is challenging to predict. Historically, response events have lasted from two to fourteen days. Operations Division costs associated with responding to an event with this variability have ranged between $10,000 and $150,000, not including clean-up costs. 34 This page intentionally left blank 35 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: October 16, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 19, 2015 From: Alex Murillo, P.E., Environmental Engineering Supervisor Through: Chad Bieren, P.E., City Engineer Subject: Information Only/Stormwater Utility Rate Update INFORMATION ONLY/NO MOTION REQUIRED Summary: In August information was presented to the Committee regarding research on our stormwater rate structure. Further analysis has been completed which will be reviewed with the Committee. Exhibit: None Budget Impact: None I Public Works Committee Agenda i -'^ Councilmembers: Brenda Fincher - Dana Ralph - Dennis Higgins, Chair a.a„ .ani , .KeAt October 19, 2015 4 p.m. Item Description Action Speaker Time Pace 1. Call to order Chair Higgins 1 2. Roll Call Chair Higgins 1 3. Changes to the Agenda Chair Higgins 1 4. Approval of Minutes, dated October 5, 2015 YES Chair Higgins 3 3 5. Department of Ecology Coordinated YES Gina Hungerford 05 7 Prevention Grant 6. Local Hazardous Waste Management YES Gina Hungerford 05 25 Program 7. Information Only/Snow and Ice Preparation NO Bill Thomas 10 33 8. Information Only/Stormwater Rates Analysis NO Mike Mactutis 10 35 Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Monday of each month at Kent City Hall, Council Chambers East, 220 41h Ave S, Kent, WA 98032. For additional information please contact Cheryl Viseth at 253-856-5500. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. z This page intentionally left blank Public Works Committee Minutes 3 October 5, 2015 Item 1 — Call to Order: The meeting was called to order at 4:02 p.m. by Committee Chair, Dennis Higgins. Item 2 — Roll Call: Committee members present: Dennis Higgins and Brenda Fincher were present. Committee member Dana Ralph had an excused absence. Item 3 — Chances to the Agenda: There were no changes to the agenda. Item 4 — Approval of Meeting Minutes Dated September 21, 2015: Committee member Fincher MOVED to approve the minutes of September 21, 2015. The motion was SECONDED by Committee member Higgins and PASSED 2-0. Item 5 —2016 Business & Occupation and Residential Street Repair Project Lists: Pavement Engineer, Joe Araucto went over the list of projects that, if approved, will be worked on in 2015 through 2016. The Department recommends pavement replacement on the James Street hill climb between Central Avenue and 94th Avenue, as well as landscape work between the sidewalk and the curb. A second major endeavor would be to begin the pavement replacement on 80th Avenue between 194th and 192nd streets. Staff recommends that this be repaved with concrete due to the very high truck count and it being in a high water table area. The concrete surfacing will perform much better over time and would be more economical over a life cycle. Araucto stated that staff also expects to be able to do some work on missing portions of sidewalk on Reith road. It was recommended that funds be set aside to potentially complete the landscape island renovation on Pacific Highway South; $150,000 for continuing the flashing left turn arrow program. The exact amount cannot be determined until the existing wiring and controller configuration is analyzed for the selected signal systems. Araucto went over the Residential street maps that listed streets that are planned for pavement overlay work. Kelly Peterson, Transportation/Special Projects Manager quickly went over the Traffic Loops project and what it entails. He stated we have 9 flashing arrows and 24 new signals and are looking to get 3 additional flashing yellow lights. Committee Member Fincher MOVED to Approve the 2016 street improvement project lists, pay for these additional project costs, except as may be supplemented by grant funds or additional Council authorization, from available Business and Occupation Tax receipts, or from solid waste utility tax receipts for the residential street repair, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Higgins and PASSED 2-0. 1 Public Works Committee Minutes 4 October 5, 2015 Item 6 — Proiect Funding Agreement for Mill Creek Side Channel — Leber Restoration Proiect: Matt Knox, Environmental Biologist noted that he will present the two grants (items 6 and 7) together with two separate motions to be approved. Knox stated that the City of Kent proposes to construct a floodplain wetland off of Mill Creek providing a large salmon habitat. The Leber property is located adjacent to Highway 167 and the Green River and Downey Farmstead adjacent to Highway 516. The design was funded by Salmon Recover Funding Board grants. This last increment of funding will be used to complete the remaining phase of construction and will include: 1000 LF of new off-channel habitat; 43 log structures designed to maximize salmon habitat; removal of invasive vegetation; improvement of more than five acres of riparian and two acres of upland plantings to increase diversity, density and shading with a focus on increasing conifer density. Committee Member Fincher MOVED to recommend Council authorize the Mayor to sign the Washington State Recreation and Conservation Office Salmon Recovery Funding Board (SRFB) agreement for Mill Creek Side Channel — Leber project, and direct staff to accept the grant and establish a budget for the project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Higgins and PASSED 2-0. Item 7 — King County Flood Control District Cooperative Watershed Management Grant, Proiect Funding Agreement for Mill Creek Side Channel — Leber and Downey Farmstead Restoration Proiects: Item was discussed with Item 6. Committee Member Fincher MOVED to recommend Council authorize the Mayor to sign the King County Cooperative Watershed Management Grant (CWM) in the amount of $664,227.00 and direct staff to accept the grant and establish budgets for the projects subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Higgins and PASSED 2-0. Item 8 — Information Only/Russell Road Upper Levee — North Reach River Protection Easement — Marina Pointe HOA: Alex Murillo, P.E., Environmental Engineering Supervisor gave a brief background and quick update of this project which is located along the Green River on the west side of the Lakes Community. It is currently under construction and will meet FEMA accreditation standards. Murillo provided an update on the construction progress. A condemnation ordinance hearing was held on August 18, 2015 City Council Meeting. At that meeting, a request was made by City Council to update the Public Works Committee on the status of the River Protection Easement that is needed by the King County Flood Control District for inspection and maintenance of the levee along a privately owned area of the Marina Pointe Homeowners' Association. Murillo provided a brief summary on the progress to date regarding the River Protection Easement. INFORMATION ONLY/NO MOTION REQUIRED 2 Public Works Committee Minutes 5 October 5, 2015 Item 9 — Information Only/Public Works Operations (Russell Road) Bulk Fueling Facility: Ron Green, Fleet Superintendent noted that the Kent East Hill Operations Center (KEHOC) master plan included construction of a new fueling facility with above ground tanks. The plan was to decommission the underground tanks and upgrade the Russell Road Operations facility with above ground tanks, overhead canopy, dispensers, and automated fuel management system once the KEHOC was up and running. With the decision to discontinue construction of the KEHOC there is concern about imminent deficiencies in the existing underground fuel tanks, and the fuel dispensing equipment at the Public Works Maintenance and Operations facility on Russell Road. Green noted that the underground tanks are 26 years old, are not leaking and are compliant with the Department of Ecology (DOE), for now. Concerns include the liability that may be incurred due to the proximity of the pumps to the Green River; the potential cost to mitigate in the future should they begin leaking and that the existing dispensing equipment is obsolete and well past its life cycle. Maintenance on these dispensers has become an issue due to their age and availability of serviceable parts. Additionally, the chip key fuel management software system is no longer sustainable. Green went on to state that the fuel facility does not meet current requirements of an overhead canopy covering the fuel islands to reduce and contain contaminants from storm-water runoff. INFORMATION ONLY/ NO MOTION REQUIRED Item 10 — Information Only/James Street Hill Climb Planters: Mark Howlett, P.E., Design Engineering Manager noted that the condition of James street sidewalk sections that have been repaired due to buckles made by street trees. Howlett showed an artist rendition of what the area may look like with alternative plants. An open house was held on April 9, 2015 to solicit input from the public about what they would like to see planted in the strips. Staff has reviewed all the information and will provide an update on the progress at a later meeting. INFORMATION ONLY/NO MOTION REQUIRED The meeting was adjourned at 5:05 p.m. ChexyLVOetiV Council Committee Recorder 3 6 This page intentionally left blank 7 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: October 15, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 19, 2015 From: Gina Hungerford. Conservation Coordinator Through: Kelly Peterson, AICP, Transportation/Special Projects Manager Chad Bieren, P.E., City Engineer Subject: Washington State Department of Ecology Coordinated Prevention Grant (CPG) Motion: Move to recommend Council authorize the Mayor to accept the Coordinated Prevention Grant in the amount of $123,522.67 and authorize expenditure of the grant funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Coordinated Prevention Grant is a two year grant funded by the Washington State Department of Ecology. It pays 75% of the "maximum eligible program cost" which for Kent is $123,522.67. A 25% match will be provided by the King County Waste Reduction and Recycling Grant. This Grant funds Residential and Commercial Waste Reduction and Recycling Programs including events for collection of materials hard-to-recycle at the curb: appliances, electronic equipment, mattresses, Styrofoam, bulky yard debris, concrete and tires. Exhibit: Coordinated Prevention Grant Budget Impact: The City will receive from the Washington State Department of Ecology $92,642.00, distributed on a cost basis as tasks are completed. The required 25% match of $30,880.67 will come from the King County Waste Reduction and Recycling Grant. 8 This page intentionally left blank Agreement No: W2RCPG-1517-KentPW-00075 Ppge 1 of 16 Project Title: 2015-17 CPG Kent IMP 7 Recipient Name: City ofKent DEPARTMENT OF %%%%/// ,i,I ECOLOGY State of Washington Agreement W2RCPG-1517-KentPW-00075 WASTE 2 RESOURCES COORDINATED PREVENTION GRANT PROGRAM AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND 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 'RECIPIENT"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: 2015-17 CPG Kent IMP Total Cost: $123,522.67 Total Eligible Cost: $123,522.67 Ecology Share: $92,642.00 Recipient Share: $30,880.67 The Effective Date of this Agreement is: 07/10/2015 The Expiration Date of this Agreement is no later than 06/30/2017 Project Type: Implementation Project Short Description: The RECIPIENT(City of Kent)will host up to six (6)Residential Recycling Collection Events for City residents with its $123,522.67 CPG monies. The RECIPIENT expects to divert 300 tons of recycled material, which includes an estimated 25 tons of organics and 60 tons of moderate risk waste,from 4000 residential participants as a result of making over 188,000 resident contacts during the 2015-17 grant cycle. Project Long Description: N/A Overall Goal: Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 1Ppge2of16 Project Title: 2015-17 CPG Kent IMP ��JJ Recipient Name: City ofKent RECIPIENT INFORMATION Organization Name: City of Kent Federal Tax 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: ghungerford#kentwa.gov Contacts Project Manager Regina Hungerford Conservation Coordinator PW Works Engineering 220 Fourth Ave. S. Kent, Washington, 98032 Email: ghungerford#kentwa.gov Phone: (253) 856-5549 Billing Contact Paul Devine General Manager 4715 SW WALKER ST Seattle, Washington, 98116 Email: pauldevine#msn.com Phone: (206)938-8262 Authorized Regina Hungerford Signatory Conservation Coordinator PW Works Engineering 220 Fourth Ave. S. Kent, Washington, 98032 Email: ghungerford#kentwa.gov Phone: (253) 856-5549 W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 fige3of16 Project Title: 2015-17 CPG Kent IMP Recipient Name: City ofKent 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 Lacey, WA 98503 Contacts Project Vicki Colgan Manager 3190 160th Ave SE Bellevue, Washington, 98008-5452 Email: vcol461#ecy.wa.gov Phone: (425)649-7224 Financial Vicki Colgan Manager 3190 160th Ave SE Bellevue, Washington, 98008-5452 Email: vcol461#ecy.wa.gov Phone: (425)649-7224 W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 iPege 4 of 16 Project Title: 2015-17 CPG Kent IMP 12 Recipient Name: City ofKent SCOPE OF WORK Task Number: 1 Task Cost: $123,522.67 Task Title: WR&R: Residential Collection Events Task Description: The RECIPIENT will host up to six(6)Residential Recycling Collection Events for City residents during this grant cycle. The events will provide residents with the opportunity to divert hard-to-recycle items from the waste stream by recycling them in a convenient City location, as well as serve as an opportunity to distribute educational materials on how to reduce waste and recycle using City-sponsored or private sector WR&R programs. The RECIPIENT may charge user fees for some items or may drop user fees to increase the volume of materials collected. The RECIPIENT will credit this grant for any revenue received from the collection of fees or commodity sales on items the grant is directly supporting. In addition, the Coordinated Prevention Grant Program does not pay for costs covered by an existing product stewardship program(such as E-cycle Washington, LightRecycle Washington, or Call2Recycle). Contact your Ecology grant project manager or consult the following website if you are unsure about a cost's grant-eligibility:http://www.ecy.wa.gov/programs/swfa/ProductStewardsMpFAQ.html. The costs of membership in civic, business, and technical/professional organizations are allowed to the extent they are covered in the overhead rate. If the RECIPIENT does not charge overhead to this task,it may directly bill for membership(s)pre-approved by ECOLOGY. Task Goal Statement: Decreasing the amount of organics, moderate risk waste (MRW), and other hard-to-recycle items from being landfilled by holding collection events in a convenient location for City residents, is the goal of the program, thereby also keeping environmentally damaging materials from finding their way to stonndrains, streams, and other isolated sites in our City. Human health risks from these materials will be lowered as well. Task Expected Outcome: The RECIPIENT expects to divert 300 tons of recycled material, which includes an estimated 25 tons of organics and 60 tons of moderate risk waste, from 4000 residential participants as a result of making 188,000 resident contacts. The RECIPIENT will provide the following information to the Department of Ecology for project evaluation: 1)The number of events held. 2)The number of event participants attending-the site greeter will count cars as they arrive. 3)The volume of each material collected in pounds/tons as reported from event vendors and from material delivered to recycling centers. 4)The numbers of promotional/educational contacts made. Recipient Task Coordinator: Paul Devine W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 iPeS{e 5 of 16 Project Title: 2015-17 CPG Kent IMP 13 Recipient Name: City ofKent WR&R: Residential Collection Events Deliverables Number Description Due Date 1.1 Ql: No work this quarter. 1.2 Q2: Arrange date and site for event. Arrange event vendors. Hold Recycling Collection Event. Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. 1.3 Q3: Arrange date and site for event. Arrange event vendors. Hold Recycling Collection Event. Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. 1.4 Q4: Arrange date and site for event. Arrange event vendors. Hold Recycling Collection Event. Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. 1.5 Q5: No work this quarter. 1.6 Q6: Arrange date and site for event. Arrange event vendors. Hold Recycling Collection Event. Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. 1.7 Q7: Arrange date and site for event. Arrange event vendors. Hold Recycling Collection Event. Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. 1.8 Q8: Arrange date and site for event. Arrange event vendors. Hold Recycling Collection Event. Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement and closeout. W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 P�e 6of 16 1 Project Title: 2015-17 CPG Kent IMP 1 Recipient Name: City ofKent BUDGET Funding Distribution EG160221 Funding Title: State Building Construction Account Funding Type: Grant Funding Expiration Date: 06/30/2017 Funding Effective Date: 07/10/2015 Funding Source: Title: State Building Construction Account(SBCA) Type: State CFDA: Assistance Agreement: Description: Recipient Match%: 25 InKind Interlocal Allowed: Yes InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No State Building Construction Account Task Total WR&R: Residential Collection Events $ 123,522.67 Total: $ 123,522.67 W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 P�ge7of16 1 Project Title: 2015-17 CPG Kent IMP s Recipient Name: City ofKent Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total State Building Construction 25.00 % $ 30,880.67 $ 92,642.00 $ 123,522.67 Account Total S 30,880.67 S 92,642.00 S 123.522.67 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS Indirect costs can be charged at a rate of up to 25%of salaries and benefits. 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. CERTIFICATION REGARDING SUSPENSION, DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/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 RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/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 the department for assistance in obtaining a copy of those regulations.. 4. The RECIPIENT/CONTRACTOR 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 2CFR180.330,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 W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 iPgge 8of 16 Project Title: 2015-17 CPG Kent IMP 16 Recipient Name: City ofKent Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal 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 <http://www.sam.gov>and print a copy of completed searches to document proof of compliance. Federal Funding Accountability And Transparency Act (FFATA)Reporting Requirements: RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the signed agreement to ECOLOGY. Any RECIPIENT that meets each of the criteria below must also report compensation for its five top executives, using FFATA Data Collection Form. Receives more than$25,000 in federal funds under this award; and Receives more than 80 percent of its annual gross revenues from federal funds; and Receives more than$25,000,000 in annual federal funds ECOLOGY will not pay any invoice 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, at www.fsrs.gov<http://www.fsrs.gov>within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov<http://www.usaspending.gov>. For more details on FFATA requirements, see www.fsrs.gov<http://www.fsrs.gov>. GENERAL TERMS AND CONDITIONS 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition". https://fortress.wa.gov/ecy/publications/SummaryPages/1401002.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. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(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 or cultural W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 e 9of 16 1P� Project Title: 2015-17 CPG Kent IMP 1 Recipient Name: City ofKent resources. Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to approval by ECOLOGY. RECIPIENT shall: a) Immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this Agreement. b) Immediately notify the Department of Archaeology and Historic Preservation at(360) 586-3064, in the event historical or cultural artifacts are discovered at a work site. c) Comply with Governor Executive Order 05-05, Archaeology and Cultural Resources, for any capital construction projects prior to the start of any work. d) Comply with RCW 27.53, Archaeological Sites and Resources, for any work performed under this Agreement, as applicable. National Historic Preservation Act(NHPA)may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact cultural or historic properties. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort 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 Agreement will beat 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 be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible may require approval by ECOLOGY prior to purchase. 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 reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) 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 the website, http://www.des.wa.gov/services/ContractingPurchasingBusiness/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at(360) 407-8180 or email payeehelpdesk#des.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 maybe 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 of an audit as specified herein. j) RECIPIENT should submit final requests for compensation within thirty (30)days after the expiration date of this Agreement. Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable Federal, State 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 States and the State of Washington which affect wages and job safety. W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 P�ye 10 of 16 i Project Title: 2015-17 CPG Kent IMP O Recipient Name: City ofKent b) RECIPIENT agrees to be bound by all 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. 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 INTEREST 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 RECIPIENT 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 their 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 RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUfES 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 program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT 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. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial 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 W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 iP�pe 11 of 16 Project Title: 2015-17 CPG Kent IMP 17 Recipient Name: City ofKent 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 of this Agreement and in accordance with the decision rendered. Nothing in this contract will be construed to limit the parties'choice of another mutually acceptable method,in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL STANDARDS a) RECIPIENTS who collect environrental-monitoring data must provide these data to ECOLOGY using the Environmental Information Management System(EIM). To satisfy this requirement these data must be successfully loaded into EIM, see instructions on the EIM website at: http://www.ecy.wa.gov/eim. b) RECIPIENTS are required to follow ECOLOGY's data standards when Geographic Information System (GIS)data are collected and processed. More information and requirements are available at: http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENTS 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. c) RECIPIENTS must prepare a Quality Assurance Project Plan(QAPP)when a project involves the collection of environmental measurement data. QAPP is to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating data. RECIPIENTS must follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004(Ecology Publication No. 04-03-030). ECOLOGY shall review and approve the QAPP prior to start of work. The size, cost, and complexity of the QAPP should be in proportion to the magnitude of the sampling effort. 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. INDEMNIFICATION 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 of the 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 The 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 for 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(MWBE) RECIPIENT 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. W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 .�PpXe 12 of 16 Project Title: 2015-17 CPG Kent IMP L 0 Recipient Name: City ofKent Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT 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 smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Nfinority 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) Scope of Work; (c) Special Terms and Conditions; (d)Any provisions or terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and(e) the General Terns and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS RECIPIENT shall obtain ECOLOGY's approval for all communication materials or documents related to the fulfillment of this Agreement. Steps for approval: a) Provide a draft copy to ECOLOGY for review and approval ten(10)business days prior to production and distribution of any documents or materials compiled or produced. b) ECOLOGY reviews draft copy and reserves the right to require changes until satisfied. c) 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, such as a refrigerator magnet with a message as well as media announcements, and any other online communication products such as Web pages,blogs, and Twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT must provide a complete description including photographs, drawings, or printouts of the product that best represents the item. RECIPIENT shall include time in their project timeline for ECOLOGY's review and approval process. RECIPIENT shall acknowledge in the materials or documents 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 reportfornat. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 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 shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 e 13 of 16 Project Title: 2015-17 CPG Kent IMP L 1 Recipient Name: City ofKent a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, 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 authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;present papers, lectures, 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 RECIPIENT 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 famished 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. e) 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 damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: a. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. b. 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 maybe 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 Agreement 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 auditor inspection by ECOLOGY, or by any duly authorized audit representative of the State of 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 be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 .�Pege 14 of 16 Project Title: 2015-17 CPG Kent IMP L G Recipient Name: City ofKent 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 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 times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 22. RECOVERY OF FUNDS The right of the RECIPIENT 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 RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. SEVERABILITY 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 43.21C RCW and Chapter 197-11 WAC)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. W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 .�Pege 15 of 16 Project Title: 2015-17 CPG Kent IMP L J Recipient Name: City ofKent For more suggestions visit ECOLOGY's web pages: Green Purchasing, http://www.ecy.wa.gov/programs/swfa/epp and Sustainability,www.ecy.wa.gov/sustainability. 27. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any tern or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terns 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 four(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 RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT 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 RECIPIENT. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terns 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 part, 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 insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions. 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 RECIPIENT 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 RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 ripe 16 of 16 Project Title: 2015-17 CPG Kent IMP LL Recipient Name: City ofKent materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work 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. W2RCPG-1517-KentPW-00075 25 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: October 15, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 19, 2015 From: Gina Hungerford, Conservation Coordinator Through: Kelly Peterson. AICP, Transportation/Special Projects Manager Chad Bieren, P.E., City Engineer Subject: Seattle-King County Health Department Local Hazardous Waste Management Program (LHWMP) Grant Amendment 1 Motion: Move to recommend Council authorize the Mayor to accept Amendment 1 to the Local Hazardous Waste Management Program Grant providing $35,082.26 for 2016 and authorize expenditure of grant funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Seattle/King County Health Department's Local Hazardous Waste Management Program Grant, previously an annual grant, is moving to a biennial budget cycle with this Amendment. Funding is intended to help cities protect public health and the environment from toxins and hazardous products and wastes. The grant covers collection of hazardous waste at three special recycling collection events for residents, as described in the attached Grant Agreement's Scope of Work. Exhibit: Local Hazardous Waste Management Program Grant Amendment 1 Budget Impact: The City will receive $35,082.26. No match is required. The Local Hazardous Waste Management Program grant fully funds the collection of hazardous waste collected at the three events the City hosts each year. 26 This page intentionally left blank Public Health, 27 Seattle F&King County��11 AMENDMENT PHSKC Agreement #EHS3678 Amendment #1 This Amendment between PHSKC and the Recipient changes the referenced Agreement for the following purpose(s): Extends end date of agreement to 12/31/2016 and adds year two funding of$35,082.26 to continue hazardous waste education activities to protect residents' health and the environment. Recipient Name &Address: City of Kent 220 41" Avenue S Kent, WA 98032-5895 Project Title: Local Hazardous Waste Management Program Effective Date of Amendment: June 1, 2015 Agreement End Date: ❑ No Change X Change to: December 31, 2016 Agreement Amount: ❑ No Change X Change to: $68,862.07 Funding Details: ❑ No Change X Revise the following funding details: Funding Source PHSKC Contract# Amount Effective Dates New or Revised County- LHWMP $35,082.26 61112015—1213112016 NEW Funding Summary: ❑ No Change X Revise to read: FEDERAL: $0 COUNTY: $35,082.26 STATE: $0 OTHER: $0 Exhibits: ❑ No Change X Revise as follows: REPLACE following exhibits as attached hereto: • EXHIBIT A—Scope of Work • EXHIBIT B— Budget • EXHIBIT C— Invoice King County Terms&Conditions: X No Change ❑ Revise as follows: All other terms and conditions of the referenced Agreement and any previous Agreement amendment not revised herein shall remain unchanged and in full force and effect. RECIPIENT SIGNATURE PRINTED NAME AND TITLE DATE SIGNED PHSKC SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Ngozi Clew, Environmental Health Division Director 2s EXHIBIT A SCOPE OF WORK AMENDMENT #1 CITY OF KENT 1/1/2015-12/31/2016 Background The Local Hazardous Waste Management Plan (hereafter referred to as the "Plan") as updated in 1997 and 2010, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle-King County Department of Public Health) and cities located in King County. The Washington State Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the "Program"). The purpose of this Exhibit is to define the relationship associated with the Program's funding of City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee (hereinafter referred to as the "MCC"). This Agreement further defines the responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City of Kent will organize six citywide household hazardous waste collection and recycling events. At these events the following materials will be collected and recycled: motor oil, motor oil filters, petroleum based products, antifreeze, batteries, CFCs and other materials if determined to be cost effective. Responsibilities of the Parties The Citv 1. The City shall develop and submit project proposals and budget requests to the Program's Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Contract Administrator: a) An invoice (see Exhibit C). Invoices should be sent to the Contract Administrator for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or afinancial statement prepared by the City's finance department. The financial statements should include vendor EHS3678—Amendment#1 - City of Kent 1 29 names, a description of services provided, date paid and a check or warrant number. 3. The City shall notify the Contract Administrator no later than December 15a' regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced—in part or in whole—with Program funds. The intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Gina Hungerford at the City of Kent, 220 Fourth Ave. S, Kent at(253) 856-5549, (ghungerford(okentwa.gov) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator should be referred to the LHWMP Program Director for resolution. Seattle-King County Department of Public Health 1. Seattle-King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten (10)working days of receiving a request for reimbursement from the City, the Contract Administrator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made,this shall be done by written notification to the City providing the reason for such exception. The Contract Administrator will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Contract Administrator retains the right to withhold all or partial payment if the City's invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. EHS3678—Amendment#1 - City of Kent 2 30 Program Contacts Lynda Ransley Paul Shallow LHWMP Program Director LHWMP Contract Administrator 150 Nickerson Street, Suite 204 401 Fifth Ave., Suite 1100 Seattle WA 98109 Seattle WA 98104 206-352-8163 206-263-8487 lynda.ransleyAkingcounty.go v Paul.shallowAkingcounty.Rov EHS3678—Amendment#1 - City of Kent 3 31 EXHIBIT B 2015-2016 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM City of Kent 220 Fourth Ave. S Kent, WA 98032 Component Description 2015 Budget 2016 Budget Total Household Hazardous Waste Education Household Hazardous $33,779.81 $35,082.26 $68,862.07 Waste Collection TOTAL $33,779.81 $35,082.26 $68,862.07 Footnote: The 2015 and 2016 budgets can be partly or totally spend in either 2015 and/or 2016 but cannot exceed the budget total in these two years. EHS3678—Amendment#1 -City of Kent 32 INVOICE Contract Number: EHS3678 King County Accounts Payable Information Exhibit: C Purchase Order# Amendment#1 Supplier Name City of Kent Remit to:City of Kent Supplier# 1585 220 Fourth Avenue South Supplier Pay Site City of Kent Kent WA 98032 Invoice Date Gina Hungerford Invoice# 253-856-5549 Amount to be Paid ghungerford@kentwa.gov Note to AP Print on Remittance Paul Shallow 206-263- Submit signed invoice to: LHW Program name&phone 8487 Paul Shallow Public Health -Seattle & King County Local Hazardous Waste Management Program 401 Fifth Ave., Suite 1100 Seattle, WA 98104 206-263-8487 paul.shallow@kingcounty.gov Invoice for services rendered under this contract for the period of: Total Current Previous Expenditure Item 2016 Budget Expenditure Expenditure Balance HHW Education HHW Collection 68,862.07 22,519.87 $46,342.20 TOTAL 68,862.07 $22,519.87 $46,342.20 I,the undersigned,do hereby certify under penalty of perjury,that this is a true and correct claim for reimbursement services rendered. I understand that any false claims, statements, documents, or concealment of material fact may be prosecuted under applicable Federal and State laws.This certification includes any attachments which serve as supporting documentation to this reimbursement request. Signed Date Contract Administrator Approval Date Print Name 33 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 W Gowe St. Kent, WA 98032-5895 Date: October 16, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 19, 2015 From: Bill Thomas, Street Superintendent Through: Dave Brock, P.E., Operations Manager Subject: Information Only/Snow and Ice Preparation INFORMATION ONLY/NO MOTION REQUIRED Summary: The Public Works Operations Division is responsible for responding to snow and ice conditions throughout the winter season. In a typical year, Kent experiences 2-3 significant events that require a prolonged response from staff. Staff is prepared to work around-the-clock to address conditions. Crews are currently prepping for the 2015-16 winter season. We have enough materials stock piled to sustain us for a five day event. Snow and ice response equipment consisting of eight trucks with plows seven with sanders, one truck with liquid anti-icing application equipment and a plow, and a motor grader are also being prepped for the season. Annual coordination meetings are held with the Police Department in advance of the winter snow and ice season. Operations staff and the Police department work hand-in- hand during response events. The Police Department takes a lead role in facilitating the removal of vehicles abandoned in the roadway they also temporarily close priority routes during heavy snow events to facilitate access by snow and ice removal equipment. During a snow and ice event, Operations response staff address prioritized arterial routes first. These routes are identified in the Snow and Ice Response Plan, which is available on the City's website. As roadways are closed or opened during a response event, updates are posted on the City's www.drivekent.com website. Other public communication methods utilized include Kent radio, the Traffic Alert system (e-mail), and variable message boards. Staff also works closely with the Department of Transportation and King County Metro. Budget Impact: Snow and ice response is an unbudgeted general fund expense. The duration of a significant event is challenging to predict. Historically, response events have lasted from two to fourteen days. Operations Division costs associated with responding to an event with this variability have ranged between $10,000 and $150,000, not including clean-up costs. 34 This page intentionally left blank 35 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: October 16, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: October 19, 2015 From: Alex Murillo, P.E., Environmental Engineering Supervisor Through: Chad Bieren, P.E., City Engineer Subject: Information Only/Stormwater Utility Rate Update INFORMATION ONLY/NO MOTION REQUIRED Summary: In August information was presented to the Committee regarding research on our stormwater rate structure. Further analysis has been completed which will be reviewed with the Committee. Exhibit: None Budget Impact: None