HomeMy WebLinkAboutR-1996-120 Goodwill Industries Interim Action Environmental RemediationRESOLUTION NO. R -96-.i G
A RESOLUTION authorizing and directing the City Manager and the City Clerk of
the City of Yakima to execute an agreement with the Washington
State Department of Ecology accepting a grant for the Goodwill
Industries Interim Action Environmental Remediation.
WHEREAS, on September 15, 1994, the City of Yakima and the Department
of Ecology entered into a Prospective Purchaser Consent Decree, which was filed in
the Yakima County Superior Court; and
WHEREAS, pursuant to the Consent Decree the City of Yakima cleaned up
and remediated the contaminated soil at the site of the City of Yakima Police
Station/Legal Center, thereby allowing construction of the Center to go forward;
and
WHEREAS, the State Department of Ecology has awarded the City of
Yakima a grant in the sum of $90,635 in reimbursement for 75 percent of the eligible
expenses incurred in the clean-up of toxic contamination at the former Goodwill
Industries site (now City of Yakima Police Station/Legal Center), now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached
and incorporated agreement with the State of Washington Department of Ecology
accepting an Interim Action Environmental Remediation Grant in the amount of
$90,635.
ADOPTED BY THE CITY COUNCIL this 3rd day of September ,1996.
A I hST: J `�
City Clerk
(blb)Goodwill Ind. Cleanup Grant/Res/RP
Lynn Buchanan, Mayor
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
P.O. Box 47600 • Olympia, Washington 98504-7600
(206) 407-6000 • TDD Only (Hearing impaired) (206) 407-6
August 22, 1996
Mr. RA.. Zais Jr.
City Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901-2637
RE: Goodwill Industries Interim Action Grant No. G9700059, Offer
Dear Mr. Zais:
RECEIVED
Crr? OF YAKI
} AUIi k b �4 6
OFFICE OF CITY MANAGER
The enclosed grant will provide up to $90,635 in reimbursement for 75 percent (75%) of the
eligible expenses incurred in the cleanup of toxic contamination at the former Goodwill Industries
site.
If this grant offer meets with your approval, please have it signed by the appropriate executive and
return it to this office. It will become official when it is signed by the Program Manager for Solid
Waste & Financial Assistance. At that time we return a copy to you. Subsequently you may
commence submitting invoices for the completed work.
Please call me at (360) 407-6060, if you have any questions.
Sincerely,
Steve Loftness
Project Officer
Solid Waste & Financial Assistance Program
cc: Ray Paolella, Legal Dept.
Grant No. G9700059
Goodwill Industries Interim Action
Agreement with the City of Yakima
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
crnr OF YAEJMA,
This is a binding agreement entered into by and between the state of Washington Department of Ecology,
hereinafter referred to as the DEPARTMENT, and the city of Yakima, hereinafter referred to as the RECIPIENT,
to carry out the activities described herein.
RECIPIENT ADDRESS 129 North Second Street
Yakima, WA 98901-2637
RECIPIENT REPRESENTATIVE R.A. Z.ais Jr., City Manager
RECIPIENT TELEPHONE NUMBER (509) 575-6030
RECIPIENT PROJECT COORDINATOR Ray ]Paolella, City Attorney
DEPARTMENT PROJECT OFFICER Steve Loftness, (360) 407-6060
DEPARTMENT FAX (360) 407-7157
DEPARTMENT TECHNICAL STAFF Rick Roeder, (509) 454-7837
FUNDING SOURCE Local Toxics Control Account
MAXIMUM ELIGIBLE COST S120,847
STATE GRANT SHARE S 90,635
LOCAL SHARE S 30,212
STATE MAXIMUM GRANT PERCENT 75%
FEDERAL TAX IDENTIFICATION NO. 91-6001293
The effective date of this grant is March 1, 1994. Any work performed prior to the effective date of this agreement
without prior written authorization and specified in the Scope of Work will be at the sole expense and risk of the
RECIPIENT.
This agreement shall expire no later than June 30, 1997.
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Grant No. G9700059
Goodwill Industries Interim Action
Agreement with the City of Yakima
PROJECT DESCRIPTION
The Goodwill Industries site is located at 222 South Third Street in Yakima. A number of businesses including
automobile dealerships, retail establishments, and possibly dry cleaning facilities operated at the site between 1942
and 1994 Hazardous substances including perchlorethylene (PCE) had been used at the site. Prior to purchasing
the site, the city of Yakima conducted an Environmental Site Assessment in July of 1994. This revealed that the
soils beneath a basement sump had elevated concentrations of total petroleum hydrocarbons (TPH) and PCE
exceeding MTCA Method A cleanup levels. These sediments were removed for disposal prior to the City's
purchase of the property in September 1994.
On September 15, 1994, the RECIPIENT and the DEPARTMENT entered into a Prospective Purchaser Consent
Decree. The RECIPIENT agreed to perform an Interim Action consisting of soil sampling and remediation as part
of the construction excavation and grading undertaken for the redevelopment of the site. The primary objective of
the remediation was to prevent any further release of PCE to the ground water. The RECIPIENT also agreed to
fund two additional ground water monitoring wells and to continue monitoring them.
SCOPE OF WORK
The task(s) set forth below summarize the RECIPIENTS activities, budget(s) and schedule(s).
1. PROJECT TASK: CONSULTANT PROJECT MANAGEMENT
Maximum Eligible Cost: $22,785
Schedule: March 1, 1994 through June 30, 1997
Project Description:
a. Oversee the work of technical staff and cleanup contractors.
b. Coordinate with the city and DEPARTMENT.
2. PROJECT TASK: FIELD WORK
Maximum Eligible Cost: $42,853
Schedule: April 1, 1994 through June 30, 1997
Project Description:
a. Collect soil samples during excavation of 700 tons of soil.
b. Remove 446 tons of TPH contaminated soil to Anderson I .anclfill
c. Remove 102 tons of PCE contaminated soil to Roosevelt Landfill.
d. Install four ground water monitoring wells.
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Grant No. G9700059
Goodwill Industries Interim Action
Agreement with the City of Yakima
e. Conduct ground water monitoring.
3. PROJECT TASK: LAB ANALYSIS
Maximum Eligible Cost: $11,451
Schedule: June 1, 1994 through June :30, 1997
Project Description:
a. Using an on-site mobile lab, conduct lab analysis of soil samples from excavation.
b. Analyze ground water monitoring samples.
4. PROJECT TASK: TECHNICAL REPORTS
Maximum Eligible Cost: $29,758
Schedule: June 1, 1994 through June 30, 1997
Project Description:
a. Prepare Underground Storage Tank. Site Assessment.
b. Prepare Phase 11 Environmental Site Assessment.
c. Prepare Phase III Work Plan.
d. Prepare Phase III Environmental Remediation Report.
5. PROJECT TASK: CITY OF YAKIMA ADMINISTRATION
Maximum Eligible Cost: $14,000
Schedule: March 1, 1994 through Jurie 30, 1997
Project Description:
a. Oversee the work of the consultants and contractors.
b. Coordinate with the DEPARTMENT.
Grant No. G9700059
Goodwill Industries Interim Action
Agreement with the City of Yakima
Project Task
1. Consultant Project Management
2. Field Work
3. Lab Analysis
4. Technical Reports
5. City of Yakima Administration
TOTAL
BUDGET
FUND SOURCE
Maximum Eligible Cost
$ 22,785
42,853
11,451
29,758
14.000
$120,847
Total Eligible Project Cost
$120,847
•
*. Fund
On
maximum.
n
Local Toxics
Control Account
75%
$90,635
ratC `R0uiOrnei #. .
Cash Match
25%
$30,212
ADDITIONAL BUDGET CONDITIONS
1. Overhead is eligible, the RECIPIENT may charge 25 percent of the RECIPIENT salaries and
benefits applied directly to the project as overhead.
2. The fiscal office will monitor expenditures at the task level. A letter amendment is required to
redistribute costs among tasks. A formal amendment is required to increase state funding
3. The maximum allowable amount from LTCA is $30,212. All remaining costs will be paid by cash
match.
SPECIAL TERMS AND CONDITIONS
A. MINORITY AND WOMEN'S BUSINESS PARTICIPATION
The RECIPIENT agrees to utilize to the maximum extent possible, minority- and women -owned businesses
in purchases and contracts initiated after the effective date of this agreement.
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Grant No. 09700059
Goodwill Industries Interim Action
Agreement with the City of Yakima
In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the'.RECIPIENT
agrees to utilize the DEPARTMENTs 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 RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the
following steps in any procurement initiated after the effective date of this agreement:
1. Include qualified minority and women's 'businesses on solicitation lists.
2. Ensure that qualified minority and women's businesses are solicited whenever they are potential
sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by qualified minority and women's businesses.
4. Establish delivery schedules, where requirements permit, which will encourage participation of
qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises
and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
By signing this agreement the RECIPIENT certifies that the above steps were/will be followed.
The RECIPIENT shall 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:
1. Narne and Federal Tax Identification number of qualified firms receiving funds under the voucher,
including any sub and/or sub -subcontractors.
2. The total dollar amount paid to qualified firms under this invoice.
B. USE OF EXISTING CONTRACTS
The RECIPIENT may use existing contracts that conform to adopted procurement procedures and
applicable state laws. The RECIPIENT shall notify the DEPARTMENT if it used contracts entered into
prior to the execution of the grant agreement for performance of grant funded activities.
D. ALL WRITINGS CONTAINED HEREIN
This agreement, the appended "General Terms and Conditions," and the DEPARTMENTs Administrative
Requirements for Ecology Grants and Loans, WDOE 95-701, contain the entire understanding between the
parties, and there are no other understandings or representations except as those set forth or incorporated
by reference herein. No subsequent modification(s) or amendment(s) of this grant agreement shall be of
5 of 6
Grant No. G9700059
Gociwill ILdustries Interim Action
Agreement with the City of Yakima iesentatives of the RECIPIENT and
any force or effect unless in writing, signed by authorized rep
and made part of this agreement; EXCEPT a letter of amendmentiDEPART MEN�"s
suffice to
DEPARTMENT the total eligible project cost or to changeperformance as set
redistribute the or theet without NTS Project Coordinator or to extend the period of
Project Officer or RECIPIENT' J
forth in the Grant Agreement.
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Date
James J. Pendowski
Program Manager
Solid Waste and Financial Assistance
Approved as to form only by
Assistant Attorney General.
CITY OF YAKIMA
6 of 6
RSA. Zais, Jr.
Print Name of Authorized Official
City Manager
Title
Attest:
Karen S. Roberts, CMC
City Clerk
City Contract No.
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others unless
specifically authorized in writing by the DEPARTMENT.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions
of this agreement.
C. THIRD PARTY BENEFICIARY
The 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.
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. RECIPIENT 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 RECIPIENT arising under this agreement shall be transferred or assigned by the
RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits.
Prior to commencement of any construction, the RECIPIENT 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 RECIPIENT agree to be bound by all Federal and
State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to
affirmatively support the program of the Office of Minority and Women's Business Enterprises to
the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of
grant/loan funds available to women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and
policies of the United States and the State of Washington which affect wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial
insurance requirements. If the RECIPIENT 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 RECIPIENT 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 INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this agreement.
Such records shall clearly indicate total receipts and expenditures by fund source and task or object.
All grant/loan 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 unde
this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open iFor 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/loan repayment or any dispute resolution. hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT 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/loan termination
or dispute resolution hereunder.
4. RECIPIENT 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 RECIPIENT receives federal funds in excess of $25,000.
The RECIPIENT must forward a copy of the state auditor's audit, or other independant audit report,
along with the RECIPIENT response and the final 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 RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such
other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the
DEPARTMENT any problems, delays or adverse conditions which will materially afFect their ability to
meet project objectives or time schedules. 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.
Payments may be withheld if required progress reports are not submitted.
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 reimbursablle basis at least quarterly and no
more often than once per month. Each request for payment will be submitted by the RECIPIENT
on State voucher request forms provided by the DEPARTMENT along with documentation of the
expenses. 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 RECIPIENT and certified as satisfactory by the Project
Officer.
The payment request form and supportive documents must itemize all allowable costs by major
elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in "Administrative Requirements for Ecology Grants and Loans", part 1V, published by the
DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment
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 are not allowed without written amendment(s) to
this agreement. Payment requests will be disallowed when the RECIPIENT's request for
reimbursement exceeds the State maximum share amount for that element, as described in the Scope
of Work.
3. Period of Compensation. Payments shall only be made for action of the RECIPIENT pursuant to
the grant/loan agreement and performed after the effective date and prior to the expiration date of
this agreement, unless those dates are specifically modified in writing as provided herein.
4. Final Request(s) for Payment. The RECIPIENT must submit final requests for compensation within
forty-five(45) days after the expiration date 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 may withhold an amount not to exceed ten percent
(10%) of each reimbursement payment as security for the RECIPIENT's performance and a financial
bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT 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.6., herein.
6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final audit by the
DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded
to the DEPARTMENT by the RECIPIENT.
7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or
other public entities, it shall not exceed the amount allowed under state law.
8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the
Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT 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 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 RECIPIENT under this
agreement, at the option of the DEPARTMENT, shall become Department property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above, the RECIPIENT ill 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 RECIPIENT. The DEPARTMENT may withhold payments for the purpose
of setoff until such time as the exact amount of damages due the DEPARTMENT from the
RECIPIENT is determined.
2. Insufficient 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.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to
continue or complete the project described herein shall be contingent upon appropriation of funds
by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in
accordance with Section 0 herein.
3. Failure to Commence Work. In the event the RECIPIENT 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.
L. WAIVER
Waiver of any RECIPIENT 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
modification of the terms of this agreement unless stated as such in writing by the authorized reprEsentatiiv,
of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Cotwri, hts and Patents. When the RECIPIENT creates any copyrightable materials or invents any
patentable property, the RECIPIENT 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 e same for federal, state
or local government purposes.
Where federal funding is involved, the federal government may have a proprietary interest in patent
rights to any inventions that developed by the RECIPIENT as provided in 35 U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT 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. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements
for Ecology Grants and Loans", Part l[V, shall control the use and disposition of all real and personal
property purchased wholly or in partwith 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 directly to the RECIPIENT for use in performance of the project, it shall be returned to
the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stole,-
or
tole-or damaged while in the RECIPIENTS possession, the DEPARTMENT shall be reimbursed in cas.
or by setoff by the RECIPIENT 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 RECIPIENT shall establish
that the cost of land/or facilities is fair and reasonable.
b. The 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 eviidence 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 RECIPIENT
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.
N. RECYCLED/RECYCLABLE PAPER
All documents and materials published under this agreement shall be produced on recycled paper containing
the highest level of post consumer and recycled content that is available At a minimum, paper with 10
percent post consumer content and 50 percent recycled content shall be used. Whenever possible, r'
materials shall be published on paper that is unbleached or has not been treated with chlorine gas and&
hypochlorite.
As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of
glossy or colored paper and other items which reduce the recyclability of the document.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT 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 RECIPIENT fails, for any reason, to perform obligations required
of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to
repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT 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 RECIPIENT shall not be obligated to repay monies which
had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement,
at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S
liability to repay monies shall be reduced by an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the RECIPIENT
shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other
designated official to whom the RECIPIENT 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
RECIPIENT shall have the right to appeal decisions as provided for below.
Q. 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 RECIPIENT. 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 RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT 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 final decision of dispute hereunder, the RECIPIENT shall proceed
diligently with the performance of this agreement and in accordance with the decision rendered.
R. 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.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees,
and other costs related to the project described herein, except as provided in the Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shall
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.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. 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 whichcan be given effect
without the invalid provision, and to this end the provisions of this agreement are declared to be severable.
V. PRECEDENCE •
In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall
be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and
regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by
reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General
Terms and Conditions.
SS -010 Rev. 4/96
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others unless
specifically authorized in writing by the DEPARTMENT.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions
of this agreement.
C. THIRD PARTY BENEFICIARY
The 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.
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. RECIPIENT 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 RECIPIENT arising under this agreement shall be transferred or assigned by the
RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits.
Prior to commencement of any construction, the RECIPIENT 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 RECIPIENT agree to be bound by all Federal and
State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to
affirmatively support the program of the Office of Minority and Women's Business Enterprises to
the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of
grant/loan funds available to women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and
policies of the United States and the State of Washington which affect wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial
insurance requirements If the RECIPIENT 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 RECIPIENT 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 INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this agreement.
Such records shall clearly indicate total receipts and expenditures by fund source and task or object.
All grantlioan 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 undr
this agreement shall be maintained by the RECIPIENT.
2. All grant/loan 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/loan repayment or any dispute resolution hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT 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/loan termination
or dispute resolution hereunder.
4. RECIPIENT 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 RECIPIENT receives federal fiords in excess of $25,000.
The RECIPIENT must forward a copy of the state auditor's audit, or other independant audit report,
along with the RECIPIENT response and the final 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 RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such
other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the
DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to
meet project objectives or time schedules. 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
Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April ]l 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 request for payment will be submitted by the RECIPIENT
on State voucher request forms provided by the DEPARTMENT along with documentation of the
expenses. 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 RECIPIENT and certified as satisfactory by the Project
Officer.
The payment request form and supportive documents must itemize all allowable costs by major
elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in "Administrative Requirements for Ecology Grants and Loans", part TV, published by the
DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment
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 amounas are not allowed without written amendrnent(s) to
this agreement. Payment requests will be disallowed when the RECIPIENT's request for
reimbursement exceeds the State maximum share amount for that element, as described in the Scop
of Work.
3. Period ofof Co__ensation. Payments shall only be made for action of the RECIPIENT pursuant to
the grant/loan agreement and performed after the effective date and prior to the expiration date of
this agreement, unless those dates are specifically modified in writing as provided herein.
4. Final Request(s) for Payment. The RECIPIENT must submit final requests for compensation within
forty-five(45) days after the expiration date 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 may withhold an amount not to exceed ten percent
(1O %) of each reimbursement payment as security for the RECIPIENT's performance and a financial
bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT 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.6., herein.
6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final audit by the
DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded
to the DEPARTMENT by the RECIPIENT.
7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or
other public entities, it shall not exceed the amount allowed under state law.
8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the
Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT 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 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 RECIPIENT under this
agreement, at the option of the DEPARTMENT, shall become Department property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the alms., the RECIPIENT 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 RECIPIENT. The DEPARTMENT may withhold payments for the purpose
of setoff until such time as the exact amount of damages due the DEPARTMENT from the
RECIPIENT is determined.
2. Insufficient 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.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to
continue or complete the project described herein shall be contingent upon appropriation of funds
by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in
accordance with Section 0 herein.
3. Failure to Commence Work. In the event the RECIPIENT 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.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breech of any
provision of this agreement is not a waiver of any subsequent breach and will not be construed as
modification of the terms of this agreement unless stated as such in writing by the authorized representati
of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any
patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT
retsina 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 may have a proprietary interest in patent
rights to any inventions that developed by the RECIPIENT as provided in 35 U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT 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. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements
for Ecology Grants and Loans", Part IV, 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. PersonalProperty Furnished by the DEPARTMENT: When the DEPARTMENT provides personal
property directly to the RECIPIENT for use in performance of the project, it shall be returned to
the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen
or damaged while in the RECIPIENT's possession, the DEPARTMENT than be reimbursed in ca
or by setoff by the RECIPIENT 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 RECIPIENT shall establish
that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each
parcel prior to disbursement of finis 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 RECIPIENT
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.
N. RECYCLED/RECYCLABLE PAPER
All documents and materials published under this agreement shall be produced onrecycled paper containing
the highest level of post consumer and recycled content that is available. At a minimum, paper with 10
percent post consumer content and 50 percent recycled content shall be used, Whenever possible, al'
materials shall be published on paper that its unbleached or has not been treated with chlorine gas and)
hypoci. orite.
As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of
glossy or colored paper and other items which reduce the recyclability of the document
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT 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 RECIPIENT fails, for any reason, to perform obligations required
of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to
repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT 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 RECIPIENT shall not be obligated to repay monies which
had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement,
at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S
liability to repay monies shall be reduced by an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the RECIPIENT
shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other
designated official to whom the RECIPIENT 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
RECIPIENT shall have the right to appeal decisions as provided for below.
Q. 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 RECIPIENT. 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 RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT 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 final decision of dispute hereunder, the RECIPIENT shall proceed
diligently with the performance of this agreement and in accordance with the decision rendered.
R. 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.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees,
and other costs related to the project described herein, except as provided in the Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shall
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.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. 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 thiis agreement are declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall
be resolved by giving precedence an the following order: (a) applicable Federal and State statutes and
regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by
reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General
Terms and Conditions.
SS -010 Rev. 4/96
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others unless
specifically authorized in writing by the DEPARTMENT.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions
of this agreement.
C. THIRD PARTY BENEFICIARY
The 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.
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. RECIPIENT 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 RECIPIENT arising under this agreement shall be transferred or assigned by the
RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits.
Prior to commencement of any construction, the RECIPIENT 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 RECIPIENT agree to be bound by all Federal and
State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to
affirmatively support the program of the Office of Minority and Women's Business Enterprises to
the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of
grant/loan funds available to women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and
policies of the United States and the State of Washington which affect wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial
insurance requirements. If the RECIPIENT 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 RECIPIENT 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 INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this agreement.
Such records shall clearly indicate total receipts and expenditures by fund source and task or object.
All grant/loan 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 unde
this agreement shall be maintained by the RECIPIENT.
2. All grant/loan 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/loan repayment or any dispute resolution hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT 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/loan termination
or dispute resolution hereunder,
4. RECIPIENT 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 RECIPIENT receives federal funds in excess of $25,000.
The RECIPIENT must forward a copy of the state auditor's audit, or other independant audit report,
along with the RECIPIENT response and the final 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 RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such
other schedule as set forth in the Sp tial. Conditions. The RECIPIENT shall also report in writing to the
DEPARTMENT any problems, delays or adverse conditions which will materially affect their .ability to
meet project objectives or time schedules. 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.
Payments may be withheld if required progress reports are not submitted.
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 x(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 request for payment will be submitted by the RECIPIENT
on State voucher request forms provided by the DEPARTMENT along with documentation of the
expenses. 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 RECIPIENT and certified as satisfactory by the Project
Officer.
The payment request form and supportive documents must itemize all allowable costs by major
elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in "Administrative Requirements for,Ecology Grants and Loans", part IV, published by the
DEPARTMENT. A copy of this document' shall be furnished to the RECIPIENT. When payment
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 are not allowed without written amendment(s) to
this agreement. Payment requests will be disallowed when the RECIPIENT's request for
reimbursement exceeds the State maximum share amount for that element, as described in the Scope
of Work.
3. Period of Compensation. Payments shall only be made for action of the RECIPIENT pursuant to
the grant/loan agreement and performed after the effective date and prior to the expiration date of
this agreement, unless those dates are specifically modified in writing as provided herein.
4. Final Request(s) for Payment. The RECIPIENT must submit final requests for compensation within
forty-five(45) days after the expiration date 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 may withhold an amount not to exceed ten percent
(10%) of each reimbursement payment as security for the RECIPIENT's performance and a financial
bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT 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.6., herein.
6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final audit by the
DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded
to the DEPARTMENT by the RECIPIENT.
7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or
other public entities, it shall not exceed the amount allowed under state law.
8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the
Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT 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 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 RECIPIENT under this
agreement, at the option of the DEPARTMENT, shall become Department property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above, the RECIPIENT 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 RECIPIENT. The DEPARTMENT may withhold payments for the purpose
of setoff until such time as the exact amount of damages due the DEPARTMENT from the
RECIPIENT is determined.
2. Insufficient 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.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to
continue or complete the project described herein shall be contingent upon appropriation of funds
_ by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in
accordance with Section 0 herein.
3. Failure to Commence Work. In the event the RECIPIENT 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.
L. WAIVER
Waiver of any RECIPIENT 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
modification of the terms of this agreement unless stated as such in writing by the authorized representatts
of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Cotvrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any
patentable property, the RECIPIENT 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 may have a proprietary interest in patent
rights to any inventions that developed by the RECIPIENT as provided in 35 U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT 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. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements
for Ecology Grants and Loans", Part IV, 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 directly to the RECIPIENT for use in performance of the project, it shall be returned to
the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stole?
or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cas
or by setoff by the RECIPIENT for the fair market value of such property.
5. Agc uisition 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 RECIPIENT shall establish
that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidenceof 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 RECIPIENT
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.
N. RECYCLED/RECYCLABLE PAPER
All documents and materials published under this agreement shall be produced on recycled paper containing
the highest level of post consumer and recycled content that is available. At a minimum, paper with 10
percent post consumer content and 50 percent recycled content shall be used. Whenever possible, a''
materials shall be published on paper that is unbleached or has not been treated with chlorine gas and/L
hypochlorite.
As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of
glossy or colored paper and other items which reduce the recyclability of the document.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT 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 RECIPIENT fails, for any reason, to perform obligations required
of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to
repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT 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 RECIPIENT shall not be obligated to repay monies which
had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement,
at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S
liability to repay monies shall be reduced by an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the RECIPIENT
shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other
designated official to whom the RECIPIENT 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
RECIPIENT shall have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provi ed in this agreement, any dispute concerning a question of fact arising under
this agreement which is of disposed of in writing shall be decided by the Project Officer or other
designated official who s provide a written statement of decision to the RECIPIENT. 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 RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal.
In connection. with appeal of any proceeding under this clause, the RECIPIENT 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 final decision of dispute hereunder, the RECIPIENT shall proceed
diligently with the performance of this agreement and in accordance with the decision rendered.
R. 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.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees,
and other costs related to the project described herein, except as provided in the Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shall
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.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. 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.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall
be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and
regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terns incorporated herein by
reference including the "Administrative Requirements for Ecology Grants and Leans"; and (e) the General
Terms and Conditions.
SS -010 Rev. 4/96
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. / 7
For Meeting Of Q / 3/q 4
ITEM TITLE: Resolution authorizing execution of Agreement with the Department
of Ecology accepting Remedial Action Grant
SUBMITTED BY: Raymond L Paolella, City Attorney
CONTACT PERSON/TELEPHONE: Raymond L Paolella/575-6030
SUMMARY EXPLANATION: On August 22, 1996, the Washington State Department of
Ecology announced the Award to the City of Yakima of an Interim Action
Environmental Remediation Grant in the amount of $90,635 in reimbursement for 75
percent of the eligible expenses in the clean-up of toxic contamination at the former
Goodwill Industries' site. This is the current location of the City of Yakima Police
Station/Legal Center. The City incurred significant expense in cleaning up the site
to allow construction of the Police Station/Legal Center to go forward, and this
Department of Ecology Grant will reimburse the City for most of the clean-up
expense.
Resolution x Ordinance Contract x Other (Specify)
Funding Source:
APPROVED FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. Resolution No. R-96-120