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HomeMy WebLinkAboutR-2020-114 Acceptance of Remedial Action Grant from Dept. of Ecology for Cleanup of Former LandfillA RESOLUTION RESOLUTION NO. R-2020-114 authorizing acceptance of a $8,700,000 grant from the Washington State Department of Ecology for the purpose of removal or remediation of the landfill contamination at the Cascade Mill redevelopment site. WHEREAS, The City of Yakima established that redevelopment of the Cascade Mill site was an Economic Development Priority that would bring significant opportunity to the City of Yakima in terms of new employment, improved infrastructure, reduction of traffic congestion and provide environmental cleanup of the former municipal landfill; and WHEREAS, The City Council entered into Agreed Order No. DE15861 with Department of Ecology to formalize the participation of the City in the environmental cleanup of the landfill site, which included an Interim Action Work Plan. The Interim Action Work Plan (IAWP) allowed the City to conduct limited remediation within the street corridor prior to remediation of the remaining landfill area; and WHEREAS, The City of applied for and has tentatively been granted funding from the Washington State Remedial Action Grant program; and WHEREAS, the City submitted a grant application to the Washington State Department of Ecology for $8,700,000 for the purpose landfill cleanup and has been offered this funding. The City will be responsible for a 25% match of $2.9 million. Financing of the project will likely involve a General Obligation Bond of which the details are pending; and WHEREAS, the funding from this grant agreement will be available to the City of Yakima for the Interim Action Work Plan project, with supplemental funding from the Local Infrastructure Financing Tool (LIFT) program, along with other sources of funds, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to finalize the acceptance of the grant and execute the Agreement with the Washington State Department of Ecology in the amount of Eight Million, Seven -hundred thousand dollars ($8,700,000) in State Remedial Action Grant funds to implement remediation and removal of contamination at the Cascade Mill Redevelopment Area within the City of Yakima. A copy of the agreement is attached hereto. ADOPTED BY THE CITY COUNCIL this 6th day of October, 2020. ity plerk it G1rl C(.04qc, /P Patricia Byers, Mayor a\'4\lyy bxk ik 1 PPd +� PPP d g. P A 9 PPPPPP+Pd ' lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.J. For Meeting of: October 6, 2020 ITEM TITLE: Resolution authorizing acceptance of Remedial Action Grant from Washington State Department of Ecology for interim action work plan cleanup of former landfill SUBMITTED BY: Joan Davenport, Community Development Director SUMMARY EXPLANATION: The City of Yakima has an obligation for environmental cleanup and remediation at the former municipal landfill located at the Cascade Mill site. The Department of Ecology and the City of Yakima entered into an Agreed Order for clean up in 2018 and an Interim Action Work Plan in 2020 for authorization to do limited remediation for street construction before meeting the obligations for the remainder of the landfill. This grant will help support the costs of landfill remediation in the road corridor. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution ATTACHMENTS: Description Upload Date Type D rasa 9/301 0 0 r Me o retract with ashin ton Mate apt of polo y for 91 91 0 0 ntract remedial A tun rant DEPARTMENT OF State of Washington Agree ent o. TCP • -1921-YakiC -00126 TOXICS CLEANUP REMEDIAL ACTION GRANT PROGRAM AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA 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 YAKIMA, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Interstate 82 Exit 33A Yakima City Landfill $11,600,000.00 $11,600,000.00 $8,700,000.00 $2,900,000.00 10/01/2020 06/30/2021 Oversight Remedial Action Grant (Not an extended gran agreement) Project 5Thort Dclirj jpn Interstate 82 Exit 33A (a.k.a. Yakima Resources; Gateway Shopping Center) (CSID# 3853/FSID# 1927) is an old landfill located at 805 North 7th Street, Yakima. The RECIPIENT entered into Agreed Order No, DE 15861 to perform actions that result in the capping and/or removal of all contamination at the Site in order to develop the property. Pr.,(Vc1 1,911g DescriPtion: Interstate 82 Exit 33A (a.k.a. Yakima Resources; Gateway Shopping Center) (CSID# 3853/FSID# 1927) is an old landfill located at 805 North 7th Street., Yakima. The Cascade Lumber Company (later Boise Cascade) used the property as a lumber mill in the early to mid-1900s. From 1963-1972, some of the large ponds were used by the RECIPIENT as a municipal landfill. State of Washington Department of Ecology Agreement No: TCPRA-I921-YakiCM-00126 Project Title: Interstate 82 Exit 33A Yakima City Landfill Recipient Name: CITY OF YAKIMA Boise Cascade currently owns the majority of the Site, but the RECIPIENT has acquired ownership of the rights -of -way for the planned roadway corridor. Several investigations over the years showed releases and/or potential releases of hazardous substances at the Site. This includes, but is not limited to, diesel range organics; heavy oils; vinyl chloride; n-nitrosodiphenylamine; 4,4'-DDT; 4-4'-DDD; endosulfan 11; bis(2-ethylhexyl)phthalate; 3,3'-dichlorobenzidine; arsenic; iron; manganese; nitrate; PCB aroclors; and sodium and methane gas. Agreed Order No. DE 15861 between the RECIPIENT and ECOLOGY was executed on July 09, 2018, and requires the RECIPIENT to: -Submit data from previous environmental studies into Ecology's electronic Environmental Information management (EIM) database. -Update the Site's Conceptual Site Model. - Prepare a Feasibility Study to develop and evaluate alternative cleanup actions. -Prepare a Draft Cleanup Action Plan that selects the preferred cleanup action from the alternatives outline in the Feasibility Study and specifies the cleanup standards and other requirements. - Interim Actions may be conducted in conjunction with road construction and related improvements at the Site. Overall Goal: This cleanup is integral to the RECIPIENT's plans to construct an east -west traffic corridor over the Yakima River. Cleanup is imperative for future construction of the freeway interchange and associated roads and infrastructure. Once infrastructure is in place, future development can occur. Template Version 10/30/2015 Page 2 of 24 State of Washington Dep Agreement No: Project Title: Recipient Name: ent of Ecology TCPRA-1921-YakiCM-00126 Interstate 82 Exit 33A Yakima City Landfill CITY OF YAKIMA RECIPIENT INFORMATION Organization Name: CITY OF YAKI Federal Tax ID: DUNS Number: Mailing Address: Physical Address: Organization Fax: Contacts Template Version 10/30/2015 91-6001293 078212651 129 North 2nd Street Yakima, WA 98901 129 North 2nd Street Yakima, Washington 98901 (509) 576-6335 Page 3 of 24 State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Project Manager Billing Contact Authorized Signatory TCPRA-I921-YakiCM-00126 Interstate 82 Exit 33A Yakima City Landfill CITY OF YAKIMA 'Template Version 10/30/2015 Joan Davenport Strategic Project Manager Yakima City Hall 129 N 2nd Street Yakima, Washington 98901 Email: joan.davenport@yakimawa.gov Phone: (509) 576-6417 Susie Cutter Engineering Contract Specialist 129 N 2nd Street Yakima, Washington 98901 Email: susie.cuftergyakimawa.gov Phone: (509) 575-6111 Joan S Davenport Strategic Project Manager Yakima City Hall 129 N 2nd Street Yakima, Washington 98901 Email: joan.davenportgyalcimawa.gov Phone: (509) 576-6417 Page 4 of 24 State of Washi ngton Department of Ecology Page 5 of 24 Agreement- No: TCPRA-1921-YakiCM-00126 Project Title: Interstate 82 Exit 33A Yakima City Landfill Recipient Name: CITY OF YAKIMA ECOLOGY INFORMATION Mailing Address: Physical Address: Contacts Project Manager Financial Manager Template Version 10/30/2015 Department of Ecology Toxics Cleanup PO BOX 47600 Olympia, WA 98504-7600 Taxies Cleanup 300 Desmond Drive SE Lacey, WA 98503 Jennifer Lind 1250 W Alder St. Union Gap, Washington 98903-0009 Email: je1i461@ecy.wa.gov Phone: (509) 454-7839 Shanyese Trujillo PO Box 47600 Olympia, Washington 98504-7600 Email: stru461@ecy.wa.gov Phone: (360) 407-7199 Stale of Washington Department of Ecology Agreement No TCPRA-I921-YakiCM-00126 Project Title Interstate 82 Exit 33A Yakima City Landfill Recipient Name: CITY OF YAKIMA AUTHORIZING SIGNATURES Page 6 of 24 RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staffcontacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreetnent. Washington State Department of Ecology 44 Ce — By: E-S gn at tire 9/29/2020 By Rebecca S. Lawson, P.E.,LHG Toxics Cleanup Acting Program Manager Template Approved to Form by Attorney General's Office Template Version 10/30/2015 Date CITY OF YAKIMA q-zy zoz 0 Jo, Davenport Date Strategic Project Manager State of Washington Department of Ecology Agreement No: TCPRA- I 92 I -YakiCM-00126 Project Title: Interstate 82 Exit 33A Yakima City Landfill Recipient Name: CITY OF YAKIMA Bob firrison Page 7 of 24 City Manager Date ITY CONTRACT NOI:420 a 0 I te RESOLUTION NOR010Q0711ii Template Version 10/30/2015 Slate of Washington Departmen1 of Ecology Page 8 of 24 Agreement No: Project 'fide: Recipient Name: TCPRA-1921-YakiCM-00126 Interstate 82 Exit 33A Yakima City Landfill CITY OF YAKIMA SCOPE OF WORK Task Number: 1 Task Cost: S116,000.00 Task Title: GRANT AND PROJECT ADMINISTRATION - J008 Task Description: This task funds the RECIP1ENT's eligible costs ECOLOGY deems reasonable and necessary to administer the grant and manage project activities. Eligible administrative activities may include costs necessary to: • Ensure compliance with the terms of the Agreed Order/Consent Decree/AOC, except legal costs. • Perform Public Involvement Activities: Plan and hold meetings and communications with the public, consultants/contractors, or ECOLOGY not billed under another task. • Procure and manage consultants and construction contractors. • Perform quality control and quality assurance oversight of all project elements, • Manage the grant, develop, and maintain grant files. • Prepare and submit payment requests, and progress reports, spending plans, or other reports. • Conduct, coordinate, and schedule project activities described in the scope of work. • Purchase services, supplies, tools, and equipment needed to accomplish grant tasks. (Equipment purchases are conditionally eligible and require prior written approval by ECOLOGY's Financial Manager), • Attend training events approved in advance, including related travel costs. (Training requires prior approval by ECOLOGY'S Grant Financial Manager). • Perform Environmental impact analysis. • Perform Cost -Benefit analyses. • Conduct research or studies relevant to multiple tasks, • Manage scientific Data, including Environmental Information Management System (EIM) submissions. • Prepare documents related to development of Agreed Order (AO), Consent Decree (CD) or amendments to an AO or CD, Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SPENDING PLANS TCPRA-192I-YakiCM-00126 Interstate 82 Exit 33A Yakima City Landfill CITY OF YAKIMA Page 9 of 24 The RECIPIENT shall submit a spending plan form in EAGL. The spending plan identifies the amount by quarter in which the RECIPIENT plans to bill ECOLOGY for accumulated costs through the term of the agreement. The spending plan must be updated at least quarterly to reflect actual expenditures and projections for the remainder of grant/loan reimbursement requests. The spending plan form in EAGL must be updated with each payment request/progress report. TRAVEL AND PER DIEM ECOLOGY will reimburse travel costs at the state per diem rate in effect when the costs were incurred. To receive travel costs, an individual must be in travel status. Any costs incurred over the state rate will be the sole responsibility of the RECIPIENT unless an exception is provided in writing by the ECOLOGY grant financial manager prior to the costs being incurred. The RECIPIENT may bill costs related to vehicle usage at the state approved mileage rate. Any other motor pool costs, such as the cost of parking the RECIPIENT's vehicles at their own office, purchasing, repairing or maintaining vehicles are considered part of overhead and may not be direct billed under this agreement. BACKUP DOCUMENTATION All backup documentation, whether prime contractor or subcontractor, and regardless of the contracting mechanism (lump sum or time and materials) must include the day worked, the hours, the rate of pay, total cost, and the activity being performed unless agreed to in writing by the ECOLOGY grant financial manager. If this level of detail isn't provided in the invoice for RECIPIENT employee costs, then timesheets must be provided that are signed by the individual and their supervisor documenting hours worked on the project activities by task and day. The rate of pay, number of hours by day, and total cost must be itemized. rask Goal Statement; To manage the grant and project, and complete all administrative documentation and billings in accordance with accounting standards, the terms and conditions of the grant, the Administrative Requirements for Recipients of Ecology Grants and Loans Managed in EAGL. Risk )ected Outcome. Project documentation will be properly developed and maintained in accordance with the terms and conditions of the grant, and the Administrative Requirements for Recipients of Ecology Grants and Loans Managed in EAGL. Template Version 10/30/2015 State of Washington Department of Ecology Page 10 of 24 Agreement No: Project Title: Recipient Name: TCPRA-1921-YakiCM-00126 Interstate 82 Exit 33A Yakima City Landfill CITY OF YAKIMA Recipient Ilask Coordinator; Joan Davenport GRANT AND PROJECT ADMINISTRATION - J008 Deliverables Number 1.1 1 2 Description Quarterly grant payment requests/progress reports (PRPR) with proper documentation. (unless otherwise approved in advance by ECOLOGY) Updated spending plan form completed in EAGL with each PRPR Due Date Template Version 10/30/2015 Slate of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number: 2 TC: P RA- 192 I -YakiC M-00126 Interstate 82 Exit 33A Yakima City Landfill CITY OF YAKIMA Task Cost: $10,208,000.00 Task Title: INTERIM OR EMERGENCY ACTIONS - J002 Page 11 of 24 l sk I)cst ription The purpose of this task is to fund the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to plan and perform ECOLOGY required or approved emergency or interim actions at the Site necessary to reduce potential threats to human health and the environment. These actions must be conducted in compliance with the Model Toxics Control Act. k Coril To reduce a threat to human health or the environment by eliminating or substantially reducing one or more pathways for exposure to a hazardous substance at the Site, or to correct a problem that could become substantially worse or cost substantially more to address if the remedial action is delayed. tt� G:aJattecfq+urComc. The interim action is protective of human health and the environment, meets MTCA cleanup standards, does not foreclose reasonable alternatives for the cleanup action or delay or supplant the cleanup process. Joan Davenport INTERIM OR EMERGENCY ACTIONS - J002 Deliverables Number 2.1 Template Version 10/30/2015 Description Interim or Emergency Action Report Due Date State or Washington Department of Ecology Agreement No: Project Title: Recipient Name: TCPRA-I92 I-YakiCM-00126 Interstate 82 Exit 33A Yakima City Landfill (Try OF YAKIMA SCOPE OF WORK Task Number: 4 Task Cost: $1,276,000.00 Task Title: FEASIBILITY STUDY AND REMEDY SELECTION - J004 Page 12 of 24 Task Descliption: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to plan and perform the Feasibility Study consistent with the scope of work in the cleanup agreement for the Site, including remedy selection and development of the draft cleanup action plan. Eligible costs may also include pilot tests, treatability studies, stormwater source control engineering studies, green remediation alternatives analysis, Environmental Impact Statements, data management, and public involvement. Task Goal Statement: To complete an engineering study to develop and evaluate cleanup action alternatives to enable ECOLOGY to select a cleanup action for the Site. Task Expected Outcome: The results of the Feasibility Study process are documented in a Feasibility Study report and adequate information has been provided so a cleanup action can be selected for the Site. ikecipicolIask CoordinitEor; Joan Davenport FEASIBILITY STUDY AND REMEDY SELECTION - J004 Deliverables Number Description 41 Feasibility Study 4.2 Draft Cleanup Action Plan (DCAP) 'template Version 10/30/2015 Due Date State of Washington Department of Ecology Page 13 of 24 Agreement No: TCPRA-1.921-YakiCM-00126 Project Title: Interstate 82 Exit 33A Yakima City Landfill Recipient Name: CITY OF YAKIMA BUDGET Funding Distribution EG210029 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY, Your agreement may have multiple funding distribution numbers to identib; each budget, Funding Title: Int 82 Yakima City Landfill Oversight Funding Type: Grant Funding Effective Date: 10/01/2020 Funding Expiration Date: 06/30/2021 Funding Source: Title: Type: Funding Source %: Description: Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Model Toxics Control Capital Account (MTCCA) State 100% Remedial action grants and loans are provided to local governments in Washington State to facilitate the cleanup of publicly owned lands contaminated with hazardous substances. Grants or Loans offered include those for initial investigations, independent cleanups, cleanups conducted under order or consent decree, safe drinking water actions, areawide groundwater investigations, and integrated planning activities. The remedial action grant and loan program was created by the Model Toxics Control Act (MTCA), Chapter 70.105D RCW. MTCA directed Ecology to adopt rules for grant and loan issuance and performance. Those rules are in Chapter 173-322A WAC, Remedial Action Grants and Loans. Funds for remedial action grants and loans come from a tax on hazardous substances. MTCA directs 25% of the tax revenue into the Model Toxics Control Capitol Account (MTCCA) and in some cases capital bond funds are provided to increase available grant funding. Approved State Indirect Rate: 25% 25% No No Is this Funding Distribution used to match a federal grant? Int 82 Yakima City Landfill Oversight FEASIBILITY STUDY AND REMEDY SELECTION - J004 GRANT AND AND PROJECT ADMINISTRATION - J008 INTERIM OR EMERGENCY ACTIONS - J002 Template Version 10/30/2015 No Task Total $ 1,276,000.00 $ 116,000.00 $ 10,208,000.00 Total: $ 11,600,000.00 State of Washington Department oricology Agreement No: TCPRA-1921-YakiCM-00126 Project Title: Interstate 82 Exit 33A Yakima City Landfill Recipient Name: CITY OF YAKIMA Fundhia Distribution Summary Recipient / Ecology Share Funding Distribution Name Int 82 Yakima City Landfill Oversig_ht Total Recipient Match 'Yo 25.00 % AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS Recipient Share 2,900,000.00 2,900,000.00 Page 14 of 24 Ecology Share $ 8,700,000.00 8,700,000.00 Total $ 11,600,000.00 $ 11,600,000.00 If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION. DEBARMEN I INLIAGIBILITY OR VOLI EXCLUSION: I. 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. [fthe 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 ECOLOGY 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. Template Version 10/30/2015 State of Washington Department of Ecology Page IS of 24 Agreement No: Project Title: Recipient Name: TCPRA-192I-YakiC M-00126 Interstate 82 Exit 33A Yakima City Landfill CITY OF YAKIMA 7. RECIP1ENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal 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 httu;//wWW.SIMILWY:=' and print a copy of completed searches to document proof of compliance. 13,FEDERA FUNDING ACCot IN TA AND TRANSPARENCY ACE (FEATAIRIIPORTING REDO IRI :MEN IS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY, Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFA1A Data Collection Form. • Receives more than $25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at w kV, rs.itovi,' within 30 days of agreement signature. The FFATA information will be available to the public at ‘vww,tisaspetidinum. litlinjiwww.tisispending,gp%-. For more details on FFATA requirements, see www,Isrs4ov -'litiluftwww.lsrs419v/ Template Version 10/30/2(115 State of Washington Department of Ecology Agreement No: TCPRA-1921-YakiCM-00126 Project Title: Interstate S2 Exit 33A Yakima City Landfill Recipient Name: CI 1-Y OF YAKIMA GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION Page 16 of 24 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (https://fortress. w a.gov/ecy/publications/S ummaryPages/ 170 1004.html) 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) RECIP[ENT'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. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to all products supplied under the agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources, The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) lf required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the [DP at the project site. Femplale Version 10/30/2015 State or Washington Department of Ecology Agreement No: TCPRA-1921-YakiCM-00126 Project Title: Interstate 82 Exit 33A Yakima City Landfill Recipient Name: CITY OF YAKIMA Page 17 of 24 Make the IDP readily available to anyone working at the project site. Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT, 6. 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. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper 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's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Flelp Desk at (360) 407-8180 or email PayeeRegistrationgofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITI I 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 Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: TCPRA- 1921 -YakiCM-00126 Project Title: Interstate 82 Exit 33A Yakima City Landfill Recipient Name: CITY OF YAKIMA Page 18 or 24 Washington which affect wages and job safety. b) RECIPIENT agrees to be hound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. 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. 9. 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. 10. 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. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding 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 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 Template Version 10/30/20 I5 State of Washington Department of Ecology Page 19 or 24 Agreement No: Project Title: Recipient Name: TCPRA-1921-YakiCM-00126 Interstate 82 rxit 33A Yakima City Landfill CITY OF YAKIMA accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. l2. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOI,OGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. 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. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for paytnent 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. 15. 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. I 6. 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. 17. MINORITYAND WOMEN'S BUSINESS ENTERPRISES (MWBE) Template Version 10/30/2015 State of Washingion Department of Ecology Page 20 of 24 Agreement No Project -title: Recipient Name: TCPRA- I 92 I - Yak iCM-00 126 Interstate 82 Exit 33A Yakima City Landfill CITY OfYAKIMA 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. 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 Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19, PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of' this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through Template Version 10/30/2015 State of Washington Department of Ecology Page 21 of 24 Agreement No. TC PRA-192I-YakiC M-00126 Project Title: Interstate 82 Exit 33A Yakima City Landfill Recipient Name: CITY OF YAKIMA September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to 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 furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. 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: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22. 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. Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: TCPRA- 1921 -YakiCM-00126 Project Title: Interstate 82 Exit 33A Yakima City Landfill Recipient Name: CITY OF YAKIMA Page 22 of 24 d) Be open for audit or 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. 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. 23, 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. 24, 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. 25. 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. 26. 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 REC(PIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 27. 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 Template Version 10/30/2015 State of Washington Department of Ecology Page 23 of 24 Agreement No: Project Title: Recipient Name: II2PRA-I 921-Yak iCM-00126 Interstate 82 Exit 33A Yakima City Landfill CITY OF YAKIMA imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post -consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY's web page, Green Purchasing, https:llecology.wa.goviRegulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. 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 term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date oftermination. 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, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination, Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or 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, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the 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 RECIP1ENT's governing body. c) By Mutual Agreement Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: TC PRA-192 I -YakiCM-00 126 Project Title: Interstate 82 Exit 33A Yakima City Landfill Recipient Name: CITY OF YAKIMA Page 24 of 24 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 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. 29. 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. 30. 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. Template Version 10/30/2015 DEPA T ENT OF State of Washington AMENDMENT NO. 1 TO AGREEMENT NO. TCPRA-1921-YakiCM-00126 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND City of Yakima PURPOSE: To amend the above -referenced agreement (AGREEMENT) between the state of Washington Department of Ecology (ECOLOGY) and City of Yakima (RECIPIENT) for the Interstate 82 Exit 33A Yakima City Landfill (PROJECT). The purpose of this amendment is to extend the expiration date of the grant and revise the budget, the overall amount of the grant is not changing. The budget is revised as follows: INCREASE Task J002: Interim and Emergency Actions by $1,372,000.00 from $10,208,000.00 to $11,580,000.00. REDUCE Task J008: Grant and Project Administration by $96,000.00 from $116,000.00 to $20,000.00 REDUCE Task J004: Feasibility Study and Remedy Selection by $1,276,000.00 from $1, 276,000.00 to $0.00. This task is reduced because the current work under the J002 and J004 is anticipated to exhaust the remaining grant funds. The expiration date of the grant will be changed from June 30, 2021 to June 30,2023. The scope of work in the agreement and all other terms and conditions remain the same. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Expiration Date: Original: 06/30/2021 Amended: 06/30/2023 CHANGES TO THE BUDGET Funding Distribution EG210029 Funding Title: Int 82 Yakima City Landfill Oversight Funding Type: Grant Funding Effective Date: 10/01/2020 Funding Expiration Date: 06/30/2023 Funding Source: Title: Model Toxics Control Capital Account (MTCCA) Template Version 10/30/2015 State of Washington Department of Ecology City of Yakima Interstate 82 Exit 33A Yakima City Landfill Project Agreement Na TCPRA-1921-YakiCM-00126 Type: Funding Source %: Description: Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: State 100% Page 2 of 8 Remedial action grants and loans are provided to local governments in Washington State to facilitate the cleanup of publicly owned lands contaminated with hazardous substances. Grants or Loans offered include those for initial investigations, independent cleanups, cleanups conducted under order or consent decree, safe drinking water actions, areawide groundwater investigations, and integrated planning activities. The remedial action grant and loan program was created by the Model Toxics Control Act (MTCA), Chapter 70.105D RCW. MTCA directed Ecology to adopt rules for grant and loan issuance and performance. Those rules are in Chapter 173-322A WAC, Remedial Action Grants and Loans. Funds for remedial action grants and loans come from a tax on hazardous substances. MTCA directs 25% of the tax revenue into the Model Toxics Control Capitol Account (MTCCA) and in some cases capital bond funds are provided to increase available grant funding. Approved State Indirect: 25% 25% No No Is this Funding Distribution used to match a federal grant? No Int 82 Yakima City Landfill Oversight Task Total FEASIBILITY STUDY AND REMEDY SELECTION - 0.00 J004 GRANT AND PROjECT ADIviiNISTRATION - j008 INTERIM OR EMERGENCY ACTIONS - J002 CHANGES TO SCOPE OF WORK Task Number: 1 Task Title: 20,000.00 $ 11,580,000.0 Total: $ 11,600,000.0 Task Cost: $20,000.00 GRANT AND PROJECT ADMINISTRATION - J008 Task Description: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to administer the grant and manage project activities. Eligible administrative activities may include costs necessary to: Template Version 10/30/2015 State of Washington Department of Ecology City of Yakima Interstate 82 Exit 33A Yakima City Landfill Project Agreement No, TCPRA-1921-YakiCM-00126 • Ensure compliance with the terms of the Agreed Order/Consent Decree/AOC, except legal costs. Page 3 of 8 • Perform Public Involvement Activities: Plan and hold meetings and communications with the public, consultants/contractors, or ECOLOGY not billed under another task. • Procure and manage consultants and construction contractors. • Perform quality control and quality assurance oversight of all project elements. • Manage the grant, develop, and maintain grant files. • Prepare and submit payment requests, and progress reports, spending plans, or other reports. • Conduct, coordinate, and schedule project activities described in the scope of work. • Purchase services, supplies, tools, and equipment needed to accomplish grant tasks. (Equipment purchases are conditionally eligible and require prior written approval by ECOLOGY's Financial Manager). • Attend training events approved in advance, including related travel costs. (Training requires prior approval by ECOLOGY'S Grant Financial Manager). • Perform Environmental impact analysis. • Perform Cost -Benefit analyses. • Conduct research or studies relevant to multiple tasks. • Manage scientific Data, including Environmental Information Management System (EIM) submissions. • Prepare documents related to development of Agreed Order (AO), Consent Decree (CD) or amendments to an AO or CD. SPENDING PLANS The RECIPIENT shall submit a spending plan form in EAGL. The spending plan identifies the amount by quarter in which the RECIPIENT plans to bill ECOLOGY for accumulated costs through the term of the agreement. The spending plan must be updated at least quarterly to reflect actual expenditures and projections for the remainder of grant/loan reimbursement requests. The spending plan form in EAGL must be updated with each payment request/progress report. TRAVEL AND PER DIEM ECOLOGY will reimburse travel costs at the state per diem rate in effect when the costs were incurred. To receive travel Template Version 10/30/2015 State of Washington Department of Ecology City of Yakima Interstate 82 Exit 33A Yakima City Landfill Project Agreement No, TCPRA-1921-YakiCM-00126 Page 4 of 8 costs, an individual must be in travel status. Any costs incurred over the state rate will be the sole responsibility of the RECIPIENT unless an exception is provided in writing by the ECOLOGY grant financial manager prior to the costs being incurred. The RECIPIENT may bill costs related to vehicle usage at the state approved mileage rate. Any other motor pool costs, such as the cost of parking the RECIPIENT's vehicles at their own office, purchasing, repairing or maintaining vehicles are considered part of overhead and may not be direct billed under this agreement. BACKUP DOCUMENTATION All backup documentation, whether prime contractor or subcontractor, and regardless of the contracting mechanism (lump sum or time and materials) must include the day worked, the hours, the rate of pay, total cost, and the activity being performed unless agreed to in writing by the ECOLOGY grant financial manager. If this level of detail isn't provided in the invoice for RECIPIENT employee costs, then timesheets must be provided that are signed by the individual and their supervisor documenting hours worked on the project activities by task and day. The rate of pay, number of hours by day, and total cost must be itemized. Task Goal Statement: To manage the grant and project, and complete all administrative documentation and billings in accordance with accounting standards, the terms and conditions of the grant, the Administrative Requirements for Recipients of Ecology Grants and Loans Managed in EAGL. Task Expected Outcome: Project documentation will be properly developed and maintained in accordance with the terms and conditions of the grant, and the Administrative Requirements for Recipients of Ecology Grants and Loans Managed in EAGL. I? av4-rtv'i ant T01, l'f-trsrel;-n.1,-sr • Trvart Deliverables Number 1.1 1.2 Description Quarterly grant payment requests/progress reports (PRPR) with proper documentation. (unless otherwise approved in advance by ECOLOGY) Updated spending plan form completed in EAGL with each PRPR CHANGES TO SCOPE OF WORK Task Number: 2 Task Cost: $11,580,000.00 Task Title: INTERIM OR EMERGENCY ACTIONS - J002 Due Date Task Description: The purpose of this task is to fund the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to plan and perform ECOLOGY required or approved emergency or interim actions at the Site necessary to reduce potential threats to human health and the environment. These actions must be conducted in compliance with the Model Toxics Control Act. Template Version 10/30/2015 State of Washington Department of Ecology City of Yakima Interstate 82 Exit 33A Yakima City Landfill Project Agreement No, TCPRA-1921-YakiCM-00126 Task Goal Statement: To reduce a threat to human health or the environment by eliminating or substantially reducing one or more pathways for exposure to a hazardous substance at the Site, or to correct a problem that could become substantially worse or cost substantially more to address if the remedial action is delayed. Page 5 of 8 Task Expected Outcome: The interim action is protective of human health and the environment, meets MTCA cleanup standards, does not foreclose reasonable alternatives for the cleanup action or delay or supplant the cleanup process. Recipient Task Coordinator: Joan Davenport Deliverables Number 2.1 Description Interim or Emergency Action Report CHANGES TO SCOPE OF WORK Task Number: 4 Task Cost: $0.00 Task Title: FEASIBILITY STUDY AND REMEDY SELECTION - J004 Due Date Task Description: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to plan and perform the Feasibility Study consistent with the scope of work in the cleanup agreement for the Site, including remedy selection and development of the draft cleanup action plan. Eligible costs may also include pilot tests, treatability studies, stormwater source control engineering studies, green remediation alternatives analysis, Environmental Impact Statements, data management, and public involvement. Task Goal Statement: To complete an engineering study to develop and evaluate cleanup action alternatives to enable ECOLOGY to select a cleanup action for the Site. Task Expected Outcome: The results of the Feasibility Study process are documented in a Feasibility Study report and adequate information has been provided so a cleanup action can be selected for the Site. Recipient Task Coordinator: Joan Davenport Deliverables Number Template Version 10/30/2015 Description Due Date State of Washington Department of Ecology City ofYakima Interstate 82 Exit 33A Yakima City Landfill Project Agreement No. TCPRA-1921-YakiCM-00126 4.1 4.2 Template Version 10/30/2015 Feasibility Study Draft Cleanup Action Plan (DCAP) Page 6 of 8 State of Washington Department of Ecology City of Yakima Interstate 82 Exit 33A Yakima City Landfill Project Agreement No, TCPRA-1921-YakiCM-00126 Funding Distribation SUITimart Recipient / Ecology Share Funding Distribution Name Int 82 Yakima City Landfill Oversight Total Template Version 10/30/2015 Recipient Match % 25 % Recipient Share $ 2,900,000.00 $ 2,900,000.00 Ecology Share 8,700,000.00 $ 8,700,000.00 Page 7 of 8 Total $ 11,600,000.00 $ 11,600,000.00 State of Washington Department of Ecology City of Yakima Interstate 82 Exit 33A Yakima City Landfill Project Agreement No TCPRA-1921-YakiCM-00126 AUTHORIZING SIGNATURES Page 8 of 8 All other terms and conditions of the original Agreement including any Amendments remain in full force and effect, except as expressly provided by this Amendment. The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. This amendment will be effective 04/01/2021. IN WITNESS WHEREOF: the parties hereto, having read this Amendment in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Department of Ecology 4/20/2021 By: Brock Milliem Toxics Cleanup Program Manager Template Approved to Form by Attomey General's Office Template Version 10/3012015 Date City of Yakima Scott Schafer Public Works Director CITY CONTRACT NO. RESOLUTION NO Date