HomeMy WebLinkAboutR-1990-D5787 Drainage Study Funding•
RESOLUTION NO. " 5 7
A RESOLUTION authorizing execution of an agreement with the
Department of Ecology of the State of Washington
for a grant from the Centennial Clean Water Fund
for partial reimbursement of costs for developing
a Storm Water Management Plan.
WHEREAS, the City contemplates developing a Storm Water
Management Plan in order to comply with Federal Environmental
Protection Agency storm water regulations; and
WHEREAS, a grant for partial reimbursement for the cost
of such improvement by the State of Washington, Department of
Ecology, is available upon execution by the City of the at-
tached grant agreement document; and
WHEREAS, the City Council deems it to be in the best
interest of the City that the attached grant agreement docu-
ment be executed by the City; now, therefore,
BE IT RESOLVED BY TBE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are
hereby authorized and directed to execute an amended agree-
ment with the State of Washington, Department of Ecology, for
the purpose mentioned above, a true copy of which grant agree-
ment is attached hereto and by reference made a part hereof.
(Note that the amendment in Task 1 binds the city to develop
and implement a public involvement plan by October 31 instead
of August 31, 1990).
ADOPTED BY THE CITY COUNCIL this�1ftday of
1990.
ATTEST:
Xa-11-12 ,-e-d`P.4-a' C--�
City Clerk
(res/doe)
Mayor
DEPARTMENT OF ECOLOGY GRANT AGREEMENT
This is a binding agreement entered into by and between the State of
Washington, Department of Ecology, (Mailstop PV -11, Olympia, Washington
98504) hereinafter referred to as the "DEPARTMENT" and City of Yakima,
Washington, hereinafter referred to as the "GRANTEE". The purpose of this
agreement is to provide funds to the GRANTEE to carry out the activities
described herein.
GRANTEE Name: City of Yakima
GRANTEE Address: 129 North 2nd Street
Yakima, WA 98901
GRANTEE Authorized Representative: Richard A. Zais, Jr.
City Manager
GRANTEE Telephone Number: (509) 575-6161
GRANTEE Contact: Dennis Covell,
Director of Engineering Services
GRANT Number: TAX90214
The source of funds provided by the DEPARTMENT is:
Centennial Clean Water Fund
For the purpose of this agreement, the Project Manager assigned for the
DEPARTMENT shall be William A. Hashim
Grant Amount: Eligible Project Cost $ 530,000 $
State Grant Share $ 265,000 $
Local Share $ 265,000 $
State Maximum Cost Share Rate 50%
The amount withheld by the DEPARTMENT from each payment for security
performance shall be 5%.
The effective date of this grant agreement shall be the date this agreement
is signed by the DEPARTMENT. Any work performed prior to the effective date
of this agreement without prior written authorization and specified in
Special Conditions will be at the sole expense and risk of the GRANTEE.
The project described herein must be completed on or before December 31, 1991
This agreement shall expire no later than June 30, 1992
Page 1 of 9
City of Yakima
Stormwater Management Plan
TAX90214
PROJECT DESCRIPTION
Land use in the Yakima area is shifting form agricultural and rural to
non-agricultural and urban uses. Runoff from these areas increase soil
erosion, sedimentation, water pollution and flooding. The City of Yakima in
cooperation with Yakima County will develop a Comprehensive Storm Water
Management Plan to control runoff, prevent flooding, and protect water
quality. As a component of the Comprehensive Stormwater Management Plan the
city will develop a Water Quality Management Plan which identifies water
quality problems caused by urban runoff and stormwater, and sets out a plan
for correcting and preventing those problems.
GRANTEE NAME:
PROJECT TITLE:
SCOPE OF WORK
CITY OF YAKIMA
STORMWATER QUALITY MANAGEMENT PLAN
COMPLETION DATE: DECEMBER 31, 1991
1.0 OBJECTIVES
The specific objectives of this project are:
1) Develop and implement a public involvement and education plan.
2) Characterize the basin and identify water quality problems.
3) Develop a hydrologic model of the basin.
4) Identify alternative measures to prevent water pollution.
5) Develop a Stormwater Quality Management Plan
2.0 MAJOR PROJECT ELEMENTS
TASK 1: PUBLIC INVOLVEMENT
The GRANTEE will develop and implement a public involvement plan. The plan
will identify methods to provide public participation in the planning process
and methods to increase awareness of pollution problems caused by urban
runoff. The GRANTEE will submit th public involvement plan to the
DEPARTMENT, for approval, b A st 31, 1990.
Page 2 of 9
City of Yakima
Stormwater Management Plan
TAX90214
Products: Public Involvement Plan
Estimated Cost: $ 45,000
Completion Date: Ongoing
TASK 2: BASIN CHARACTERIZATION AND PROBLEM IDENTIFICATION
The GRANTEE will prepare a characterization of the Yakima urban area basin,
including areas outside the current city limits which are slated for future
growth. The characterization will include an initial water quality
assessment of the basin and projected trends. The GRANTEE will use existing
source material for the characterization and identify areas where more
information is needed. At a minimum the characterization will include:
* description and condition of the biophysical environment;
* land use, including existing and projected trends;
* habitats;
* hydrologic/meteorologic data;
* existing water quality;
* trends for long term water quality;
* maps and inventories showing: planning boundary, jurisdictional boundaries,
piped stormwater systems, retention/detention facilities, biofiltration
facilities, rivers, streams and open channel systems, wetlands, lakes and
ponds, flood plain, and floodway;
* a discussion of existing federal and state water quality programs currently
going on in the watershed;
* Develop problem statement from the initial water quality assessment.
The GRANTEE will use the information from the initial water quality
assessment to identify and evaluate nonpoint source water quality problems in
the watershed. The GRANTEE will describe the identified problems and write
problem statements. At a minimum the GRANTEE will consider the following:
* the benefits and uses of the water bodies and/or stream segments
* the nature and extent of water impaired or threatened by nonpoint pollution
* existing water quality compared to water quality standards;
* wetlands affected or threatened by nonpoint source pollution.
The GRANTEE will use the basin characterization/assessment and the identified
problems to write goals and objectives that will direct the course of the
management plan. The GRANTEE will submit written documentation of the above
described process for DEPARTMENT review and approval before proceeding to
Task 3.
Products:
* Basin Characterization Report
* Initial water quality assessment
* Problem statements
* Goals and objectives
* DEPARTMENT approval of the above
Page 3 of 9
City of Yakima
Stormwater Management Plan
TAX90214
Estimated Cost: $ 36,000
Completion Date: January 31, 1991
TASK 3: HYDROLOGIC MODELING
The GRANTEE will use hydrologic software to create a comprehensive hydrologic
model of the basin. At a minimum this model will include: identification of
subasins; identification of land uses, impervious surfaces, existing drainage
systems (including constructed and natural systems) and drainage
characteristics, weather data, and historic volume and flow data. The model
will help describe basin characteristics, predict water quality problems, and
evaluate alternatives for correcting and preventing water quality problems.
Before beginning work the GRANTEE will submit, to the DEPARTMENT for
approval, detailed specifications for the hydrologic software and a
description of how this software can be applied to water quality modeling in
a stormwater system.
The GRANTEE will design and carry out a calibration process to ensure that
predicted values are representative of actual field conditions.
Products: * Specifications and approval for hydrologic software
* Model initialization and calibration
* Identification of problems
* Evaluation of Alternatives
Estimated Cost: $114,000
Completion Date: August 31, 1991
TASK 4: ALTERNATIVES DEVELOPMENT
The GRANTEE will identify and evaluate measures to control the sources of
nonpoint pollution identified in the watershed and problem statements
developed in Task 2. Each measure will be evaluated for practicality,
effectiveness, cost efficiency, redundancy with other programs, political
feasibility, and ability to implement. The GRANTEE will include, at a
minimum, the following measures in its analysis:
* maintenance programs;
* code/regulatory changes;
* capital projects;
* enforcement actions;
* public education;
* technical assistance;
* incentive/financial assistance;
* voluntary participation;
Page 4 of 9
City of Yakima
Stormwater Management Plan
TAX90214
* zoning and regulation of the waterway.
Products: * Alternative Source Control Analysis
Estimated Cost: $ 125,000
Completion Date: August 31, 1991
TASK 5: STORMWATER QUALITY MANAGEMENT PLAN
The GRANTEE will draft a preliminary management Plan. The GRANTEE will
select and justify source control measures from the analysis developed in
Task 3. As well as source control measures the management plan will include:
* implementation schedule and strategy for achieving goals and objectives;
* estimated implementation costs and budget;
* identification of an implementing agency for each source control measure;
* method for evaluating the overall effectiveness of the action plan in
meeting goal, objectives, and source controls;
* public involvement process;
* process for making plan revisions.
The GRANTEE will submit 10 copies of the preliminary management plan to the
DEPARTMENT for review and approval. The DEPARTMENT will have 60 days for
review comment.
The GRANTEE will incorporate appropriate comments into the management plan.
The GRANTEE will conduct SEPA review and submit the plan to SEPA agencies,
hold public hearings and revise the plan as needed. During this time the
GRANTEE will work closely with implementing agencies listed in the plan to
work out the details of agency participation. Once the details are
finalized, the GRANTEE will develop memorandum of agreements with
implementing agencies.
After the SEPA review and public hearings, 25 copies of the revised Final
Management Plan, SEPA documents, and memorandum of agreements will be
submitted to the DEPARTMENT for approval.
Products: * Preliminary Management Plan
* Final Management Plan and supporting documents.
Estimated Cost: $ 165,000
Completion Date: December 31, 1991
TASK 6: PROJECT ADMINISTRATION
The GRANTEE shall be responsible for the effective and efficient
Page 5 of 9
City of Yakima
Stormwater Management Plan
TAX90214
administration of this grant project. Administration shall include, but is
not limited to project supervision, coordination of scheduled activities,
record keeping and management, financial accounting, and report preparation.
The GRANTEE will ensure that the grant project is conducted according to the
details of this agreement and will carry out the project within the
approximate time schedule outlined in the agreement. The GRANTEE will ensure
that effective communication is maintained with the GRANTEE's designees, the
DEPARTMENT, affected local, state, or federal jurisdictions, and interested
individuals. The GRANTEE will assure that the project is carried out in a
manner that does not reflect adversely on the DEPARTMENT or the GRANTEE.
The GRANTEE will submit quarterly project progress reports. Progress reports
will document project accomplishments, problems encountered, future actions,
updated cash flow projections, raw data summaries, and any other information
that the DEPARTMENT should be aware of. Quarterly reports shall be submitted
according to the schedule in Section I. of the General Terms and Conditions.
The GRANTEE shall prepare a final project report in draft form and submit
five (5) copies to the DEPARTMENT for review and approval by September 30,
1991. The DEPARTMENT shall review the draft final report, make
recommendations for revisions, corrections, or additions for inclusion in the
final report, and return comments to the GRANTEE by December 1, 1991. The
GRANTEE will review the DEPARTMENT's comments, revise the draft report, and
submit fifteen (15) copies of the final report to the DEPARTMENT by December
31, 1991.
Products:
* Invoice Vouchers
* Quarterly Reports
* Final Report
Estimated Cost: $45,000
Completion Date: December 31, 1991
3.0 PROJECT BUDGET SUMMARY
3.1 Budget Restrictions
1. Ecology's contribution will not exceed 50% of the total eligible project
cost. Of the remaining 50%, no less than half must be a direct cash
contribution from the GRANTEE and the other half can be eligible in-kind
contributions.
2. Prior to the first voucher, a detailed summary of all in-kind services and
interlocal agreements must be provided. Interlocal agreements are necessary
for agencies contributing cash, or services in lieu of cash, to this project.
3. Submitted with each voucher must be copies of all invoices, timesheets,
and contributed service reports.
Page 6 of 9
City of Yakima
Stormwater Management Plan
TAX90214
3.2 Budget Summary
Task # Totals
Task 1: Public Involvement $ 45,000
Task 2: Basin Characterization and
Problem Identification $ 36,000
Task 3: Hydrologic Modeling $ 114,000
Task 4: Alternatives Development $ 125,000
Task 5: StormWater Quality Management Plan $ 165,000
Task 6: Project Administration $ 45,000
Total Eligible Project Cost $ 530,000
3.3 Grant Matching Requirements
Maximum State Share
(50% of total eligible cost) $ 265,000
Total Grantee's Contribution
(50% of total eligible cost) $ 265,000
Cash contribution must be at least
In-kind contribution cannot exceed
4.0 SPECIAL TERMS AND CONDITIONS
$ 132,500
$ 132,500
1. Agency Acknowledgment. The Washington State Department of Ecology will be
acknowledged for providing grant funding in all press releases, publications,
and oral presentations where the project is described or results of the
project are presented.
2. Project Sign. A project sign shall be erected in the project area within
90 days after the grant has been signed by DEPARTMENT'S program manager. The
sign will be located in a prominent place and will be constructed in
accordance with published DEPARTMENT specifications for project signs. Sign
design and location will be approved by the DEPARTMENT before the sign is
erected.
3. Budget Flexibility. A dollar amount equal to five percent of the total
grant award may be reassigned or shifted to another task if concomitant
savings of five percent are realized in other tasks, such that the total
grant amount does not exceed the original grant award. Prior written
approval of the project officer is required.
Page 7 of 9
City of Yakima
Stormwater Management Plan
TAX90214
4. Project Compliance. The GRANTEE will make available to the Project Manager
of the DEPARTMENT a schedule of all activities and will encourage the project
manager to participate thus allowing the DEPARTMENT to verify compliance with
this grant.
5. Department Review of Contracts. The GRANTEE shall submit to the DEPARTMENT
for review copies of all proposed contracts. Contracts or subagreements may
not be entered into without the written approval of the DEPARTMENT.
6. Contract Copies. The GRANTEE shall submit to the DEPARTMENT for its files,
copies of all signed contracts and subsequent amendments awarded to the
contractor engaged to perform any work outlined herein. Copies of all bids,
and all contracts awarded, shall be retained by the GRANTEE.
7. Minority and Women's Business Participation. The GRANTEE agrees to
utilize, to the maximum extent possible, minority-owned and women -owned
businesses in purchases and contracts initiated after the effective date of
this agreement.
In the absence of more stringent goals established by the GRANTEE'S
jurisdiction, the GRANTEE agrees to utilize the DEPARTMENT'S goals for
minority and women owned business participation in all bid packages, request
for proposals and purchase orders. These goals are expressed as a percentage
of the total dollars available for the purchase or contract and are as
follows:
Minority owned business participation - 10%
Women owned business participation - 6%
The GRANTEE and ALL prospective bidders or persons submitting qualifications
shall take the following steps in any procurement initiated after the
effective date of this agreement:
a) Include qualified minority and women's businesses on solicitation
lists;
b) Ensure that qualified minority and women's businesses are solicited
whenever they are potential sources of services or supplies;
c) Divide the total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by
qualified minority and women's businesses;
d) Establish delivery schedules, where requirements of the work permit,
which will encourage participation of qualified minority, and
women's businesses.
e) Use the services and assistance of the State Office of Minority and
Women Owned Business Enterprises, and the Office of Minority
Business Enterprises of the US Department of Commerce as
appropriate.
The GRANTEE shall provide written certification, on a form provided by the
DEPARTMENT, that the above steps were/will be followed.
Page 8 of 9
City of Yakima
Stormwater Management Plan
TAX90214
The GRANTEE agrees to report to the DEPARTMENT at the time of submitting each
invoice, on forms provided by the DEPARTMENT, payments made to qualified
firms. The report will address:
a) Name and State OMWBE certification number of any qualified firm
receiving funds under the voucher, including any sub and/or
sub -subcontractors.
b) The total dollar amount paid to qualified firms under this invoice.
8. All Writings Contained Herein, This agreement, the appended general terms
and conditions, the DEPARTMENT's current edition of Financial Guidelines for
Grants Management, and the appropriate Program Guidelines, contain the entire
understanding between the parties, and there are no other understandings or
representations set forth or incorporated by reference herein. No subsequent
modification(s) or amendment(s) of this agreement shall be of any force or
effect unless in writing, signed by authorized representatives of the GRANTEE
and DEPARTMENT and made a part of this agreement; EXCEPT, that in relation
to; 1) change of Project Officer; and 2) project completion and agreement
date extensions, the DEPARTMENT may modify or amend this agreement without
the signature of the GRANTEE.
IN WITNESS WHEREOF, the parties hereby execute this Contract:
STATE OF WASHINGTON
DEPART I IT OF ECOLOGY
CITY OF YAKIMA
SAIK CZ
AC G PROGRAM MANAGER
WATER QUALITY FINANCIA
PROGRAM
Lilt_ a' (/
WILLIAM A. HASHIM
PROJECT MANAGER
-7.1515-0
ATE RICHARD DATE
CITY MANAGER
(-2-70 f" , : CJ 1:
DATE City Clerk
Approved as to form only: Assistant Attorney General
Page 9 of 9
GENERAL TERMS AND CONDITIONS
Pertaining to Grant Agreements of
the Department of Ecology
A. GRANTEE PERFORMANCE
All activities for which grant funds are to be used shall be accomplished by the GRANTEE and GRANTEE's employees. The
GRANTEE shall not assign or subcontract performance to others unless specifically authorized in writing by the
DEPARTMENT.
B. SUBGRANTEE COMPLIANCE
The GRANTEE must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The GRANTEE shall ensure that in all subcontracts entered into by the GRANTEE pursuant to this agreement, the state of
Washington is named as an express third -party beneficiary of such subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded
through a competitive process, if required by State law. The GRANTEE shall not advertise for bids for construction until
receipt of written approval from the DEPARTMENT. No contract shall be awarded or rejected until approved in writing by the
DEPARTMENT. GRANTEE shall retain copies of all bids received and contracts awarded, for inspection and use by the
DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the GRANTEE arising under this agreement shall be transferred or assigned by the GRANTEE.
F COMPLIANCE WITH ALL LAWS
1. The GRANTEE shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits.
Prior to commencement of any construction, the GRANTEE shall secure the necessary approvals and permits required by
authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have
been secured, and make copies available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the GRANTEE agree to be bound by all Federal and State laws, regulations, and
policies against discrimination The GRANTEE further agrees to affirmatively support the DEPARTM ENT's minority
contract procurement program to ensure, to the maximum extent possible, the participation of women and minority owned
businesses in all subcontracts awarded under this agreement. The GRANTEE shall report to the DEPARTMENT the
percent of grant funds available to women or minority owned businesses.
3. Wages And Job Safety. The GRANTEE 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.
4. Industrial Insurance. The GRANTEE certifies full compliance with all applicable state industrial insurance requirements. If
the GRANTEE fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this
agreement for cause as provided in Section K.1, herein.
G. KICKBACKS
The GRANTEE is prohibited from inducing by any means any person employed or otherwise involved in this project to give up
any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of
a subcontract hereunder.
H. AUDITS AND INSPECT[ONS
1. The GRANTEE shall maintain complete program and financial records relating to this agreement. All grant records shall be
kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate
audits and inspections.
Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be
maintained by the GRANTEE. Such records shall clearly indicate total receipts and expenditures by fund source and object
classification.
2. All grant records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit
representative of the State of Washington for a period of at least three years after the final grant payment or any dispute
resolution hereunder. If any such audits identify discrepancies in the financial records, the GRANTEE shall provide
clarification and/or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT 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 years following grant termination or dispute resolution hereunder.
4. GRANTEE shall meet the provisions in OMB Circular A-128 (Audit of State and Local Governments) or OMB Circular
A-110 (Uniform Requirements for Grants to Universities, Hospitals and Other Non -Profit Organizations) if the GRANTEE
receives federal funds in excess of $25,000. The GRANTEE must forward a copy of the state auditor's audit along with the
GRANTEE response and the fmal corrective action plan as approved by the SAO to the DEPARTMENT within ninety (90)
days of the date of the audit report.
I. PERFORMANCE REPORTING
The GRANTEE shall submit progress reports to the DEPARTMENT on a quarterly basis or such other schedule as set forth in
the Special Conditions. The GRANTEE shall also report in writing to the DEPARTMENT any problems, delays or adverse
conditions which will materially affect their ability to meet project objectives, time schedules or project tasks within the
established time periods. This disclosure shall be accompanied by a statement of the action taken or proposed and any
assistance needed from the DEPARTMENT to resolve the situation.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30. July 1 through September :30,
and October 1 through December 31. Reports shall be due within twenty (20) days following the end of the quarter being
reported.
J. COMPENSATION
1. Method of compensation. Payment shall be made on a reimbursable basis at Least quarterly and no more often than once per
month. Each voucher shall be submitted to the DEPARTMENT along with documentation of the work performed, expenses
incurred and the progress of the project. Payments shall be made for each task/phase of the project, or portion thereof, as
set out in the Scope of Work when completed by the GRANTEE and certified as satisfactory by the DEPARTMENT.
Requests for payment will be submitted by the GRANTEE on State voucher request forms provided by the
DEPARTMENT.
The voucher request form and supportive documents must itemize all allowable costs by major elements as described in the
Scope of Work. Instructions for submitting the State voucher request form are found in "Financial Guidelines for Grants
Management," chapter 6, published by the DEPARTMENT. A copy of this guideline shall be furnished to the GRANTEE.
When voucher requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this
agreement.
2. Budget deviation. Deviations in budget amounts may be allowed, with prior approval from the DEPARTMENT. Payment
by the DEPARTMENT for project tasks described in the Scope of Work will be disallowed when the GRANTEE's request
for reimbursement exceeds the State maximum cost share amount for that task by more than ten percent (10%) when
multiplied by the appropriate cost share rate. Despite the foregoing, in no event will the DEPARTMENT provide
reimbursement in excess of the DEPARTMENT's grant share of the total eligible cost without a written amendment to this
agreement.
3 Period of Compensation. Grant payments shall only be made for action of the GRANTEE pursuant to the grant agreement
and performed within the effective dates of this agreement unless those dates are specifically modified in writing as provided
herein.
4. , . ; - . - . • .uu I . The GRANTEE must submit final requests for compensation within forty-five (45) days after
satisfactory completion of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply
may result in delayed reimbursement.
5. Performance Guarantee. The DEPARTMENT shall withhold an amount not to exceed ten percent (10%) of each
reimbursement payment as security for the GRANTEE's performance. Monies withheld by the DEPARTMENT may be
paid to the GRANTEE when the project(s) described herein, or a portion thereof, have been completed if in the
DEPARTMENT's sole discretion such payment is reasonable and approved according to this agreement and, as appropriate,
upon completion of an audit as specified under section J herein.
6. Unauthorized F.. All payments to the GRANTEE shall be subject to fmal audit by the DEPARTMENT and any
unauthorized expenditure(s) charged to this grant shall be refunded to the DEPARTMENT by the GRANTEE.
7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the GRANTEE or other public entities, it
shall not exceed the amount allowed under state regulation.
8. Indirect Costs. No reimbursement for indirect costs will be allowed unless provided for and defined in the Scope of Work
hereunder.
K. TERMINATION
1. EoroCause. The obligation of the DEPARTMENT to the GRANTEE is contingent upon satisfactory performance by the
GRANTEE of all of its obligations under this agreement. In the event the GRANTEE unjustifiably fails, in the opinion of
the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any
further funds thereunder and/or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the effective date of termination. In that
event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other
materials prepared by the GRANTEE under this agreement, at the option of the DEPARTMENT, shall become its property
and the GRANTEE shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Despite the above, the GRANTEE shall not be relieved of any liability to the DEPARTMENT for damages sustained by the
DEPARTMENT and/or the State of Washington because of any breach of agreement by the GRANTEE. The
DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the
DEPARTMENT from the GRANTEE is determined.
2. Jnsufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and
federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the
obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to
appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above.
3. Failure to Commence Work. In the event the GRANTEE fails to commence work on the project funded herein within four
months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of
work, the DEPARTMENT reserves the right to terminate this agreement.
4. Waiver, Waiver of any GRANTEE default is not a waiver of any subsequent default. Waiver of a breach of any provision
of this agreement is not a waiver of any subsequent 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 the DEPARTMENT.
L. PROPERTY RIGHTS
1. Copyrights and Patents When the GRANTEE creates any copyrightable materials or invents any patentable property, the
GRANTEE may copyright or patent the same but the DEPARTMENT 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.
Where federal funding is involved, the federal government has a proprietary interest in patent rights to any inventions that
may be developed by the GRANTEE. As such, the federal grantor agency, in the absence of legislation otherwise, will
allocate patent rights in accordance with the memorandum and statement of government patent policy (36 F.R. 16887-16892)
issued by the President on August 23, 1971.
2. Publications. When the GRANTEE or persons employed by the GRANTEE use or publish information of the
DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos,
reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the
DEPARTMENT.
3. Tarible Property RigJlts. The DEPARTMENT's current edition of "Financial Guidelines for Grants Management," chapter
4, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by
the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific
instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT When the DEPARTMENT provides personal property with an
acquisition cost of $300.00 or more per unit and a useful life of more than three years, directly to the GRANTEE for use in
performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. The
GRANTEE shall make payment in cash or by setoff to the DEPARTMENT for use of such property. If said property is lost,
stolen or damaged while in the GRANTEE's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the
GRANTEE for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the
acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the GRANTEE shall establish that the cost of land/or
facilities is fair and reasonable.
b. The GRANTEE 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
contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the GRANTEE shall not at any time
convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for
which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be
conditioned upon payment to the DEPARTMENT 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.
M. RECOVERY OF PAYMENTS TO GRANTEE
The right of the GRANTEE to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance
of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the
GRANTEE fails, for any reason, to perform obligations required of it by this agreement, the GRANTEE may, at the
DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant funds disbursed to the GRANTEE for
those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12%) per annum from the time the DEPARTMENT demands repayment of
funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the
GRANTEE shall not be obligated to repay monies which had been paid to the GRANTEE prior to such termination. Any
property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property
and the GRANTEE'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property.
N. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the GRANTEE shall be subject to
the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the
GRANTEE shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work
to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be
done shall govern. The GRANTEE shall have the right to appeal decisions as provided for below.
0 DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is
not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written
statement of decision to the GRANTEE. The decision of the Project Officer or other designated official shall be final and
conclusive unless, within thirty days from the date of receipt of such statement, the GRANTEE mails or otherwise furnishes to
the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the GRANTEE shall have the opportunity to be heard and to
offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of
such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of
Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board
or the Shoreline Hearings Board. Pending fmal decision of dispute hereunder, the GRANTEE shall proceed diligently with the
performance of this agreement and in accordance with the decision rendered.
P CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the
review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the
interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have
any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
Q. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held rctiponsible for payment of salaries, consultant's fees, and other costs related to
the project described herein, except as provided in the Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, the GRANTEE shall indemnify and hold the
DEPARTMENT harmless from and against any liability for any or all injuries to persons or property arising from the
negligent act or omission of the GRANTEE arising out of this agreement, except for such damage, claim, or liability
resulting from the negligent act or omission of the DEPARTMENT.
R. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
S. 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.
T 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, and any terms incorporated therein by reference; and (d) the General Terms and Conditions.
SS -010 Rev. 6/88