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HomeMy WebLinkAbout05/20/2014 05E Riparian Zone Outfall Improvements Grant from DOE (Wastewater Treatment Facility)BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. E. For Meeting of: May 20, 2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: Resolution authorizing an Agreement with the State of Washington Department of Ecology for a Grant Agreement (G1400532) of $249,900 for improvements related to riparian zone outfall alternatives at the City Wastewater Treatment Facility. Debbie Cook, Director of Utilities and Engineering Shelley Willson, Wastewater Manager Ryan Anderson, Utility Engineer Levee setback in the Gap to Gap Reach of the Yakima River requires development and construction of a new outfall location for the City's treated wastewater to return to the Yakima River. The new outfall location will allow the City to remain in compliance with the Department of Ecology wastewater discharge permit. The City has developed plans, engineering reports and habitat restoration for the outfall relocation project. The Department of Ecology awarded the City of Yakima $249,900 to remove concrete armoring along a side channel, re -grade within and adjacent to the side channel to increase floodplain access, develop two structures made of larger wood debris and other material within the side channel, and construct two new channels having approximately 600 feet in length. In addition, the grant includes planting native riparian vegetation in at least 15 acres. These items are included within the scope of the new outfall location project. Grant Agreement G1400532 is attached for Council Review (Attachment A). Resolution: X Ordinance: Other (Specify): Ecology Grant Agreement G1400532 and Signature Authorization Form Contract: Contract Term: Start Date: End Date: Item Budgeted: Yes Amount: $249,900 Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Justin Rogers Water Olympia, WA 98504-7600 Phone: 360-407-7196 APPROVED FOR SUBMITTAL: RECOMMENDATION: Grant Revenue from Department of Ecology Improve the Built Environment Quality Program, FMS PO Box 47600 City Manager Staff respectfully requests Council approve the resolution. ATTACHMENTS: Description Resolution for G1400532 Grant Agreement G1400532 Signature Authorization Form Upload Date 4/21/2014 4/21/2014 4/21/2014 Type Cover Memo Cover Memo Cover Memo A RESOLUTION RESOLUTION NO. R -2014 - authorizing the City Manager to execute an Agreement with the State of Washington Department of Ecology ("Department of Ecology") and City of Yakima for a grant of $249,900 for improvements related to riparian zone outfall alternatives at the City Wastewater Treatment Facility. WHEREAS, the City of Yakima owns and operates wastewater collection and treatment facilities in accord with applicable Federal, State and Local regulations; and WHEREAS, the City of Yakima wastewater treatment facility outfall discharges to the Gap to Gap Reach of the Yakima River; and WHEREAS, the levees in the Gap to Gap reach of the Yakima River are being set back in order to meet the objectives of the Yakima River Basin Water Enhancement Project, Yakima Basin Integrated Plan and the Yakima County Flood Control Zone District; and WHEREAS, the Outfall Relocation Project has been identified as an early implementation action for the Yakima Basin Integrated Plan; and WHEREAS, levy setback in the Gap to Gap Reach of the Yakima River requires construction of a new outfall in an alternative location for the City's treated wastewater to return to the Yakima River; and WHEREAS, the City has completed habitat restoration and moved the Greenway Trail to accommodate this new outfall location; and WHEREAS, the City has completed an engineering report that describes the construction, operation and monitoring of the new outfall; and WHEREAS, the Department of Ecology has provided a conditional approval letter to proceed with construction of the outfall project; and WHEREAS, the Department of Ecology provided the City of Yakima a $249.900 grant to complete the construction of this project, and the parties have negotiated an agreement setting forth the terms and conditions for such funding and construction of such projects, a copy of which Grant Agreement (No. G1400532) is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the City Council finds and determines that approval of such Grant Agreement is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1 The City Manager is hereby authorized to execute and administer the Grant Agreement with the State of Washington Department of Ecology, which agreement is referenced above and incorporated herein by reference, and to execute and administer all applicable documents and agreements pursuant to such grant from the State of Washington Department of Ecology ADOPTED BY THE CITY COUNCIL this day of , 2014. ATTEST: Micah Cawley, Mayor Sonya Claar Tee, City Clerk 2 iggY" 4/ 4 DEPARTMEN 111111p1 \1,111111.1oOlOoolulOMo 11111111111111 11111111111111111111111 111111 1111 State of Washington CENTENNIAL CLEAN WATER PROGRAM (CENTENNIAL) GRANT FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA WASTEWATER DIVISION GRANT AGREEMENT NUMBER G1400532 YAKIMA RIVER RIPARIAN AND FLOODPLAIN ECOSYSTEM RESTORATION PROJECT TABLE OF CONTENTS PART I. GENERAL INFORMATION 1 PART IL PROJECT SUMMARY 3 PART III. PROJECT BUDGET 3 PART IV. PROJECT GOALS AND OUTCOMES 4 PART V. SCOPE OF WORK 5 PART V(A). SPECIAL TERMS AND CONDITIONS 7 PART VI. ALL WRITINGS CONTAINED HEREIN 7 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS 9 BEST MANAGEMENT PRACTICES (B...mP) IMPLEMENTATION BMP TRACKING/INVOICING 9 CENTENNIAL -FUNDED PROJECTS USED TO MATCH SECTION 319 -FUNDED PROJECTS CULTURAL AND HISTORIC RESOURCES PROTECTION ................... ..„-- ... .......... ....... ...... .......... 9 EDUCATION AND OUTREACH . ...... .... . . . .......... ....„ ....... ... „ .... ........ ......... ...... ............ ........10 EFFECTIVE DATE 10 EQUIPMENT PURCHASE 10 FUNDING RECOGNITION INCREASED OVERSIGHT (IF APPLICABLE) 11 INDIRECT RATE 11 TO ACKNOWLEDGE OVERHEAD COSTS, THE RECIPIENT MAY CHARGE AN INDIRECT RATE OF UP TO 25 PERCENT BASED ON EMPLOYEES' DIRECT SALARY AND BENEFIT COS LS INCURRED WHILE CONDUCTING PROJECT -RELATED WORK, THE DEPARTMENT'S FINANCIAL MANAGER MAY REQUIRE A LIST OF ITEMS INCLUDED IN THE INDIRECT RATE AT ANY TIME 11 MATCHING REQUIREMENTS MINOR [Tv AND WOMEN'S BUSINESS PARTICIPATION ....... ....... . 11 PAYMENT REQUEST SUBMITTALS --.... ..................... ........... -... .... ............... ........... _-..... ...... ......... ........ -i2 NEw ELECTRONIC SYSTEM: ECOLOGY ADMLNISTRATION OF GRANTS AND LOANS (EAGL) 14 POST PROJECT ASSESSMENT � � -----_--_-.]4 PROCUREMENT 14 PROGRESS REPORTS � 14 REQUIRED DOCUMENT SUBMITTALS .............. ... ............. ................. _----_-----------_--_-\4 VOLUNTEER TIME DOCUMENTATION �5 \YaTsn0naoT,B�omnnx�n -------_-__--_---------------'_�l� ATTAC8��ENTU: GENERAL TERMS AND C8ND�0NS l7 /\. RECIPIENT PBf�`0R��ANCE----------_-----------_-----_---_--------�l7 B.SD8GRANTEE/C0NTIUACIOR CQX8ylT&NCB--_------------_--------------'l7 LTHIRD PARTY BENEFlClA8J� l7 �D.CONTRACTING FOR SERVICES (BlDDONG)------------------------_-------17 E.f\SS|GN�iE|�TS-_--------------_-_-_---------------------------.17 E.00&�PL�\NCE WITH ALL l6\�S-----_---_-_---------_--------� l7 G.KICKBACKS ]8 LLAUDITS ANO�INSPECTIONS ----------------------------_--------_---JX 1. REPORTING _---_----_-'''---------'------_-------_l8 IC0D�P[N£ATl0N l0 }{. _----------_---_---------.-_--_---_------'----_-lo l-\�AIV2R --------_-------------_------------20 0�.PROPERTY RIGHTS ----_-_------------_----------------_-----_--'20 ��SUSTAINABLE PRODUCTS � 2l 0.RECOVERY 0IDAY&�ENTSTORECIPIENT -_-_-_-------_-_--------________ ---2l P.PROJECT APPROVAL � ----_-----_-�22 V.DISPUTES ------___-_--------------------------_-----------_--ZZ yLCONFLICT 0fINTEREST -_-_---------_------__---_--� n 5.TNDEB�N7FlCAIl0N--------------------_-_--------------------_--23 ]. G0\/ERNDNGI��V� � 23 TIS----_-'-_-_-_--_------_''''_--------_----------.23 \�PRECEDENCE . . ----------_---_------'23 o CENTENNIAL CLEAN WATER PROGRAM (CENTENNIAL) FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA WASTEWATER DIVISION THIS is a binding agreement between the state of Washington Department of Ecology (DEPARTMENT) and the City of Yakima Wastewater Division (RECIPIENT). The purpose of this agreement is to provide funds to the RECIPIENT, who will carry out the requirements described in this agreement. PART I. GENERAL INFORMATION Project Title: Yakima River Riparian and Floodplain Ecosystem Restoration Project Grant Number: G1400532 State Fiscal Year: 2014 Total Project Cost: $333,200 Total Eligible Cost: $333,200 DEPARTMENT Share: $249,900 RECIPIENT Share: $83,300 DEPARTMENT Maximum Percentage: 75 % Effective Date: July 10, 2013 Expiration Date: July 9, 2016 RECIPIENT Information RECIPIENT Name: City of Yakima Wastewater Division Mailing Address: 2220 E. Viola Ave. Yakima, WA 98901 Fax Number: 509-575-6166 Federal Taxpayer ID Number: 91-6001293 Data Universal Numbering System (DUNS) Number: 07-821-2651 PROJECT Manager: Email Address: Phone Number: PROJECT Financial Officer: Email Address: Phone Number: DEPARTMENT Contact Infornratiion Project Manager: Email Address: Phone Number: Address: 17 Central WA State Department of Ecology Central Regional Office I5 West Yakima Ave, Suite 200 Yakima, WA 98902-3452 Fax (509) 575-2809 Financial Manager: Email Address: Phone Number: Fax Number: Address: 2 Ryan Anderson Ryan.anderson@yakimawa.gov 509-249-6813 Ryan Anderson Ryan.andersongyakimawa.gov 509-249-6813 Heather Simmons Heather.Simmons(a)ecy.wa. gov 509-454-7201 Justin Rogers Ju stin.Rogersgecy. wa.gov 360-407-7196 360-407-7151 WA State Department of Ecology Water Quality Program, FMS P.O. Box 47600 Olympia, WA 98504-7600 CHECK A1: L THAT APPLY: • Section 319 Funds: (Catalog of Federal Domestic Assistance No. 66.460) n Yes Amount: X No • Centennial Funds (state funds): 1 Yes Amount: $249,900 0 No • If Yes, will this project be used to match Section 319 funds? Yes 1No Increased Oversight: Yes x PART 11. PROJECT SUMMARY No The Yakima River Riparian and Floodplain Ecosystem Restoration Project is one part of a much larger effort by the RECIPIENT to reconnect 50 acres of historic floodplain and associated side channels with the Yakima River. These efforts will 1) address water quality; 2) develop flood management strategies; 3) improve salmon and wildlife habitat; 4) remove a 2,000 foot section of levee; 5) restore floodplain/riparian vegetation; 6) relocate a public trail out of the floodplain; and 7) restore floodplain complexity such as side channels previously cut off from the Yakima River. PART III. PROJECT BUDGET Yakima River Riparian and Floodplain Ecosystem Restoration Project TASKS TOTAL PROJECT COST TOTAL ELIGIBLE COST (TEC) - Project Administration/Management $75,000 $10,000 2 - Site Evaluation, Engineering, and Design $73,300 $73,300 3 - Re -Grade for Floodplain Reconnection $150,000 $150,000 4 - Plant Native Riparian Vegetation $99,900 $99,900 Total $398,200 $333,200 The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost. MATCHING REQUIREMENTS DEPARTMENT Share: 75% , of TEC $249,900 RECIPIENT Share: 25% of TEC $83,300 Cash $$3,300 Interlocal $ In-kind $ Is any combination of the above match allowed? DK Yes No PART IV. PROJECT GOALS AND OUTCOMES A. Financial Assistance Water Quality Project Goals: One or more of the selected following goals apply to this project. Severe Public Health Hazard or Public Health Emergency eliminated. Designated beneficial uses will be restored or protected, 303(d) -Listed water bodies restored to water quality standards, healthy waters prevented from being degraded. Regulatory compliance with a consent decree, compliance order, TMDL or waste load allocation, etc., achieved. B. Water Quality and Environmental Outcomes: The following are the anticipated water quality and environmental improvements from the project. 1. Improve the natural floodplain processes that are presently prevented due to the hard surface of the rip rap causing the stream channel to scour and maintain a bed elevation lower from the floodplain. 2. Increase the natural balance of water and material to access the floodway and promote ecological processes such as recruitment of large woody debris, gravel bar formation (for spawning), and side channel development (for rearing). 3. improve native riparian and floodplain vegetation habitats to create shade for keeping stream temperatures cool, trap sediment during high flows, and prevent higher than natural rates of erosion in the floodplain. C. Performance Items and Deliverables: The following are the anticipated action items that will play an integral role in implementation of the project. This includes items such as outreach and education, monitoring, technical assistance, GIS mapping, types and amounts of Best Management Practices (BMP) that will be installed, and others. 1. Remove armoring from floodway in project area. 2. Re -grade site so that side channel is better connected to adjacent floodplain. 3. Construct two enhanced structures (riffles) with large woody debris and river rock. 4 4. Construct two new channels to allow overflow access of water from side channels and better reconnect river hydrology to floodplain, which will be an approximate total of 600 feet of new channel. 5. Plant at least 15 acres with native riparian vegetation including: black cottonwood, ponderosa pine, woods rose, flowering currant, quaking aspen, coyote willow, pacific willow, red -osier dogwoods, chokecherry, poison sumac and native grass mixes. PART V. SCOPE OF WORK Task 1 - Project Administration/Management (Total Task Cost: $10,000) A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation, progress reports and RECIPIENT closeout report (including photos); compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. S. The RECIPIENT must manage the project. Efforts will include: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT`s designees; the DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT must carry out this project in accordance with any completion dates outlined in this agreement. Required Performance: 1. Administer and manage the project and records. 2. Submit all required requests for reimbursement and corresponding backup documentation, progress reports, RECIPIENT closeout report and performance items, in a timely manner. Task 2 - Site Evaluation, Engineering and Design (Total Task Cost: $73,300) A. The RECIPIENT will provide project management and coordination and ensure completion of all environmental reviews, including cultural resources, Section 404, Hydraulic Project Approval (HPA), and other applicable permits. No work will begin until all permits and reviews are completed. B. The RECIPIENT will select a contractor to develop an engineering design using standard bidding protocol. C. The RECIPIENT will oversee the consultant on the evaluation of the project site to collect necessary information (LiDAR, survey, hydrologic analysis, groundwater 5 monitoring, soil analysis, surface water AnaIysis). The RECIPIENT will assist in developing the preliminary design alternatives to be included within a larger project draft design report and submit to the DEPARTMENT for review and comment before finalizing. Required Performance: 1. Complete and submit all required environmental reviews and permits. 2. Develop and submit study results and a draft project design with alternatives to be included in the larger project report to be submitted to the DEPARTMENT for review and comment prior to finalization. Task 3 - Re -grade For Floodplain Reconnection (Total Task Cost: $150,000) A. The RECIPIENT will remove remaining concrete armoring along a side channel and abandoned dike. The RECIPIENT will then re -grade (both soil removal and fill) the remaining slopes to allow river water from high flow side channel access to its floodplain. B. In two locations, the RECIPIENT will develop structures (riffles) made of large woody debris and other native material (rounded river rock) to insure channel stability, reverse scouring, and redirect water into two constructed pilot channels. C. The RECIPIENT will construct two new channels that will reconnect the side channel with its historic floodplain, which will help re -connect river flows with floodplain and reverse scouring in project area. The southern channel will be approximately 500 feet in length, and the northern channel will be approximately 100 feet in length. Required Performance: 1. Remove concrete armoring along a side channel. 2. Re -grade within and adjacent to side channel to increase floodplain access. 3. Develop two structures made of larger wood debris and other material within the side channel. 4. Construct two new channels having an approximate total length of 600 feet. Task 4 - Plant Native Riparian Vegetation (Total Task Cost: $ 99,900) A. The RECIPIENT will develop a planting plan that will include numbers, types, and locations of riparian plants to be planted in project area, and submit to the DEPARTMENT. B. The RECIPIENT will purchase native riparian vegetation such as black cottonwood, ponderosa pine, woods rose, flowering currant, quaking aspen, coyote willow, pacific willow, red -osier dogwoods, chokecherry, poison sumac and native grass mixes. The RECIPIENT will obtain live stake cuttings from project partner areas nearby and also utilize potted plants, live stakes, and root stock. 6 C. The RECIPIENT will contract with Washington Conservation Crew to plant riparian vegetation across at Least 15 acres and work with partnering groups to implement at least three volunteer planting days. D. The RECIPIENT will monitor and maintain the plantings for the project period, and conduct weed control, irrigation (hand watering), and replantings as necessary. Required Perfonnance: 1. Submit one planting plan to the DEPARMENT. 2. Purchase and install native riparian vegetation across at least 15 acres. 3. Plan and carry out at least three volunteer planting days. 4. Maintain project site including weed control, irrigation, and replanting for the project period. PART V(a). SPECIAL TERMS AND CONDITIONS A. The DEPARTMENT will evaluate the status of this project, 18 months from the effective date of the agreement. The DEPARTMENT's Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and perfornance. Failure to make satisfactory progress toward achieving project outcomes may result in changes in scope of work, reduction of funds, or increased oversight pleasures as determined by the DEPARTMENT. PART VL ALL WRITINGS CONTAINED HEREIN The following contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein: This agreement • Attachment 1: General Project Management Requirements Attachment I1: General Project Management Requirements for Federal Clean Water Section 319 Funded Projects and Centennial Clean Water Program Matching Projects • Attachment III: General Terms and Conditions • The effective edition, at the signing of this agreement, of the DEPARTMENT's "Administrative Requirements for RECIPIENT's of Ecology Grants and Loans" • Funding Guidelines FY 2014 — 2015.. • The applicable statutes and regulations No subsequent modifications or amendments of this agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the .DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. 7 The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the terms of this agreement, the attachments, all incorporated or referenced documents, as well as all applicable statutes, rules, and guidelines mentioned in this agreement. IN WITNESS WHEREOF, the parties hereby execute this agreement: STATE OF WASHINGTON CITY OF YAKIMA WASTEWATER DEPARTMENT OF ECOLOGY DIVISION HEATHER R. BARTLETT DATE TONY O'ROURKE DATE WATER QUALITY CITY MANAGER PROGRAM MANAGER (Revised July 2013) 8 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS BEST MANAGEMENT PRACTICES (BMP) IMPLEMENTATION If the RECIPIENT installs BMPs that are not consistent with current funding guidelines and approved by the DEPARTMENT prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. Refer to the current Water Quality Financial Assistance Funding Guidelines for more information about eligibility requirements. BMP TRACKING/INVOICING If the RECIPIENT implements an off -stream water facility, livestock feeding area BMPs, or a direct seed program the RECIPIENT must track the costs by Iandowner in vouchers submitted to the DEPARTMENT in order to ensure that the entire eligible cost of that BMP is reimbursed in full and does not exceed the financial assistance limit established in the BMP guidance. CENTENNIAL -FUNDED PROJECTS USED TO MATCH SECTION 319 -FUNDED PROJECTS Projects used by the DEPARTMENT to meet a matching requirement for the Section 319 program (as indicated on page 3 of this agreement), require the RECIPIENT to comply with Federal Section 319 reporting requirements. Required reporting includes project data on BMP implementation and annual pollutant load reduction. Section 319 Reporting Requirements. The RECIPIENT must complete the DEPARTMENf's "Clean Water Act Section 319 Initial Data Reporting Sheet." This form must be submitted to the DEPARTMENT's Financial Manager with the first progress report. The RECIPIENT must complete the DEPARTMENT's "Federal CIean Water Act Section 319 Grant Load Reductions Reporting Form.- This form is used to gather information on load reduction for each BMP installed for the project. This form must be submitted electronically to the DEPARTMENT'S Financial Manager by January 15 of each year, and at project close-out. Payments will be held until the form has been completed and submitted to the financial manager. CULTURAL AND HISTORIC RESOURCES PROTECTION The RECIPIENT must comply with all requirements listed in Section 106 of the National Historic Preservation Act or Executive Order 05-05 prior to implementing any project that involves soil disturbing activity. The RECIPIENT must conduct and submit a cultural resources survey or complete and submit an EZ -1 Form to the DEPARTMENT's project manager prior to any soil disturbing activities. The DEPARTMENT will contact the Department of Archaeology and Historic Preservation (DAHP) and affected tribes regarding the proposed project activities in order to fulfill Section 106 or Executive Order 05-05 requirements. Any prior communication between the RECIPIENT, the 9 DAHP, and the tribes is not sufficient to meet requirements. Any mitigation measures as an outcome of this process will be requirements of this agreement. Any soil disturbing activities that occur prior to the completion of the Section 106 or Executive Order 05-05 process will not be eligible for reimbursement. Activities associated with cultural resources review are grant eligible and reimbursable. The Department of Archaeology and Historic Preservation has provided guidance that can be accessed online at: littp://www.d ahp.w a. gov/ EDUCATION AND OUTREACH The RECIPIENT must do a regional search for existing materials before producing any new educational flyers or pamphlets. The RECIPIENT must request the use of those materials before time and resources are invested to duplicate materials that are already available. The RECIPIENT must also check the Washington Waters website http://www.ecy.wa.gov/washington waterslindex.litml for useful educational materials. These materials are available for public use and can be downloaded directly from the website. The RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy of any tangible educational products developed under this grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements or gadgets, such as a refrigerator magnet with a message. If this is not practical, the RECIPIENT must provide a complete description including photographs or printouts of the product. The RECIPIENT must also supply the DEPARTMENT with the names and contact information of local project leads. If there are a significant number of people in the community that speak languages other than English, the RECIPIENT must produce all pamphlets, fliers, meeting notices, reports, and other educational and public outreach materials in English and in the other prevalent language. EFFECTIVE DATE The Effective Date of this grant agreement is the date agreed to by the DEPARTMENT and the RECIPIENT during the development of this grant agreement and should be no earlier than the date the RECIPIENT began incurring eligible project costs. Any work performed prior to the Effective Date of this agreement will be at the sole expense and risk of the RECIPIENT. Reimbursement for eligible costs incurred will not be released by the DEPARTMENT until the grant agreement is signed. EQUIPMENT URCHASE All equipment purchase for this project must have prior approval from the DEPARTMENT in order to be eligible for reimbursement. l0 FUNDING RECOGNITION The RECIPIENT must inform the public about DEPARTMENT or EPA funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from the DEPARTMENT upon request. INCREASED OVERSIGHT (IF APPLICABLE) The DEPARTMENT's Project Manager will establish a schedule for additional site visits to provide technical assistance to the RECIPIENT and verify progress or payment information. INDIRECT RATE To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent based on employees' direct salary and benefit costs incurred while conducting project -related work. The Department's Financial Manager may require a list of items included in the indirect rate at any time. MATCHING REQUIREMENTS Cash Match Requirement. If grant funds awarded are more than $2.50,000, the RECIPIENT share for the project must he entirely in the form of cash or interlocal contributions. If grant funds awarded are $250,000 or less, any combination of cash, interlocal, or in-kind + match is allowed. Interlocal contributions will also count as cash match. Stormwater hardship grants require cash match only. Interlocal Match Requirement. The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements are consistent with all of the following: • Terms of this grant agreement o The edition of `'Administrative Requirements for Ecology Grants and Loans" that is effective at the signing of this agreement. Chapter 39.34 RCW Interlocal Cooperation Act In -Kind Match Requirement. If in-kind match is specified in the project budget, property and services donated by organizations or individuals may be used. Documentation will be required for all donated property and services. MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. 11 Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. b) Assure 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 work requirements penulit, 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's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. The RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT (Foran D: Contractor Participation Report), payments made to qualified firms. Please include the following information: a) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub -and/or sub -subcontractors. b) The total dollar amount paid to qualified firms under this invoice. PAYMENT REQUEST SUBMITTALS Frequency. The .RECIPIENT must submit payment requests at least quarterly but no more often than monthly, unless allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Supporting Documentation. The RECIPIENT must submit all payment request vouchers and supportive documentation to the DEPARTMENT's Financial Manager. Payment request voucher submittals are based on match requirements found in the budget. Required Forms. Any Match Combination Fora] A 19-1.A (original signature) Fonn B1 (ECY 060-3) Form Cl (ECY 060-8) Form D (ECY 060-11) Cash Only Match Form A19 -1A (original signature) Form B2 (ECY 060-7) Forel C2 (ECY 060-9) Foran D (ECY 060-11) 12 Where Applicable Foran E (ECY 060-12) Form F (ECY 060-13) Form H (F-21) Form I (ECY 060-15) Reporting eligible costs. The RECIPIENT must report all eligible costs incurred on the project, regardless of the source of funding for those costs. This includes costs used as match. All eligible and ineligible project costs must be separate and identifiable. Reimbursements. Payments will be made on a cost -reimbursable basis. Requests for Reimbursement Instructions for submitting payment requests are found in ADMINISTRATIVE REQUIREMENTS, PART IV available on the DEPARTMENT website or in hard copy upon request. 1. Procedure. Payment requests will be submitted by the RECIPIENT to the Financial Manager and the Project Manager of the DEPARTMENT. All payment requests will include a progress report. No reimbursement will be made without the appropriate back-up documentation and the progress report. 2. Cost Reimbursable Basis: Payments to the RECIPIENT will be made on a ``reimbursable basis" no more often than once per month unless allowed by the DEPARTMENT's Financial. Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. 3. Documentation: Each request for payment will include back-up documentation of the eligible expenses being requested for reimbursement and a progress report. 4. Required Forms: The RECIPIENT will submit all forms, supportive documentation, and progress report to the DEPARTMENT's Financial Manager and Project Manager. 5. Period of Payinent. Payments will only be made for eligible costs of the PROJECT pursuant to this agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in this agreement. 6. Ineligible Costs. Payments will be made only for eligible PROJECT costs incurred and will not exceed the grant amount. If any audit identifies grant funds which were used to support ineligible costs, such funds may be immediately due and payable to the DEPARTMENT notwithstanding any provision to the contrary herein. 7. Overhead Costs. No payment for overhead costs in excess of 25 percent of salaries and benefits of the RECIPIENT will be allowed without prior approval. S. Certification. Each payment request will constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the PROJECT have occurred since the date of this agreement. 13 NEW ELECTRONIC SYSTEM: ECOLOGY ADMINISTRATION OF GRANTS AND LOANS (EAGL) The DEPARTMENT is currently developing a web -based grant and loan management system. The DEPARTMENT will be transitioning to this new web -based system in the future. Once the transition has taken place payment requests and progress reports will be submitted electronically. POST PROJECT ASSESSMENT The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from the DEPARTMENT's Water Quality Program will contact the RECIPIENT to request this data. The DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, as part of this assessment. PROCUREMENT The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. PROGRESS REPORTS The RECIPIENT will submit a progress report to the DEPARTMENT at least quarterly or such other schedule as set forth herein. The RECIPIENT will submit a copy of each progress report along with the payment request to both the Financial Manager and the Project Manager of the DEPARTMENT. Quarterly reports will cover the periods: January 1 through March 31 April 1 through June 30 July 1 through September 30 October 1 through December 31 Quarterly reports are due 15 days following the end of the quarter being reported. Payment requests will not be processed without a progress report. A progress report must be submitted even if no progress has occurred. A Progress Report Form is available on the DEPARTMENT's website. At a minimum, all progress reports must contain the items outlined in the DEPARTMENT's Progress Report Form. The DEPARTMENT may request additional information as necessary. The RECIPIENT will also report in writing to the DEPARTMENT any problems, delays, or adverse conditions which will materially affect its ability to meet PROJECT objectives or time schedules. This disclosure will be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. REQUIRED DOCUMENT SUBMITTALS The RECIPIENT must submit the following documents to the DEPARTMENT as requested by the DEPARTMENT's Project Manager or Financial Manager: 14 • Draft project completion report • Electronic copy of final project completion report • Final project completion report • Educational products developed under this agreement • Interlocal agreements • Land owner agreements • Professional services procurement agreements • Department of Archaeology and Historic Preservation's EZ -1 Form — 1 copy to the DEPARTMENT's Project Manager, per site, prior to ground disturbing activities. Additional Required Document Submittals for the Federal Clean Water Act Section 319 Funded Projects and Centennial projects used by the DEPARTMENT to satisfy its Section 319 matching requirement. • Clean Water Act Section 319 Initial Data Reporting Sheet — 1 copy to DEPARTMENT's Financial Manager during the first quarter following the effective date of the agreement. • Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form — 1 copy to the DEPARTMENT's Financial Manager by January 15 of each year and at the end of the project. VOLUNTEER TIME DOCUMENTATION The RECIPIENT must report to the DEPARTMENT the total number of volunteer (unpaid) hours contributed to the restoration or monitoring project, including time not being credited for matching purposes. This information will be conveyed to the Governor of the State of Washington in fulfillment of a request for state agencies to collect information about volunteers working for clean water. WATER QUALITY MONITORING Quality Assurance Project Plan. (QAPP). Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP). The QAPP must follow Ecology's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies (Guidelines), July 2004 (Ecology Publication No. 04-03-030). The applicant may also reference the Technical Guidance for Assessing the Quality ofAquatic Environments, revised February I994 (Ecology Publication No. 91-78) or more current revision, in developing the QAPP. The RECIPIENT must submit the QAPP to the DEPARTMENT's Project Manager for review, comment, and must be approved before starting the environmental monitoring activities. The RECIPIENT must use an environmental laboratory accredited by Ecology to analyze water samples for all parameters to be analyzed that require bench testing. Information on currently accredited laboratories and the accreditation process is provided on the Department of Ecology's Environmental Assessment Program's website. The RECIPIENT should manage all monitoring data collected or acquired under this agreement in order to be available to secondary users and meet the "ten-year rule." The ten-year rule means that data documentation is sufficient to allow an individual not directly familiar with the specific 15 monitoring effort to understand the purpose of the data set, methods used, results obtained, and quality assurance measures taken ten years after data are collected. Monitorin Data Submittal/Environmental Information Management System. Funding RECIPIENTS that collect environmental monitoring data must submit all data to the DEPARTMENT using the Environmental Information Management System (EIM). Data must be loaded into EIM following instructions on the EIM website at littp://www.ecy.vva.govfeim. Data must be approved by the EIM Coordinator for completion of data submittal. Final payment requests will be withheld until data has been approved in EIM. The data submittal portion of the EIM websitc provides information and help on formats and requirements for submitting tabular data. Specific questions about data submittal may be directed to the EIM Data Coordinator. If GIS data is collected, RECIPIENTS are required to follow DEPARTMENT data standards when Geographic Information System data are collected and processed as documented at littp://www.ecv.wa.gov/services/gis/data/standards/standards.htm. RECIPIENTS must submit copies to the DEPARTMENT of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 16 ATTACHMENT II: 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 only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terns 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 he 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 affirinatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally -funded, 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 17 DEPARTMENT shall have the right to immediately terminate this agreement fcrr cause as provided in Section Ki, 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. AH 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 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 inspectionat 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-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,00() or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. h 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 thirty (30) days following the end of the quarter being reported. 18 J. COMPENSATION 1 Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forins 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 approved 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 Recipients of 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. Period of Compensation. Payments shall only be made for actions 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. 3. Final Request(s) for Payment. The RECIPIENT should 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. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10'/0) of each reimbursement payment as security for the REC.IPIENT's performance. 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.5. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may 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. 6. 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 for state employees. 7. 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 19 perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds there under 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 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 a modification of the terns of this agreement unless stated as such in writing by the authorized representative 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 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 are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 70 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 Recipients of Ecology Grants and Loans", Part V, 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, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. S. 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 evidence may include title insurance policies, Torrens certificates, or abstracts, and attomey'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. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g., recycled paper). For more information, see http://www.ecy.wa.gov/sustainability/. 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 2.1 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 perforin. Interest shall accrue at the rate of twelve percent (12%) per year 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. 22 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 Recipients of Ecology Grants and Loans"; and (e) the General Terms and Conditions. W. FUNDING AVAILABILITY The DEPARTMENT's ability to make payments is contingent on availability of funding. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this agreement, the DEPARTMENT, at its sole discretion, may elect to terminate the agreement, in whole or part, or to renegotiate the agreement subject to new funding limitations and conditions. The DEPARTMENT may also elect to suspend performance of the agreement until the DEPARTMENT determines the funding insufficiency is resolved. The DEPARTMENT may exercise any of these options with no notification restrictions. SS -010 Rev. 04/04 Modified 12/13 23 5441rE CE 4NT V,4 NT CF ECOLOGY SIGNATURE AUTHORIZATION FORM FOR GRANT/LOAN RECIPIENTS Department of Ecology Water Quality Program PO Box 47600 Olympia, WA 98504-7600 Phone: (360) 407-6600 FAX: (360) 407-7151 Project Title Name of Organization Date Submitted 1 im l b Roar k e. Project Title Si nature Agreement Number , DS/CX , - im l b Roar k e. AUTHORIZING SIGNATORY Si nature Print or Type Title/Term of Office l b Roar k e. . ' e. r - n Li OW- J- e_1 AUTHORIZED TO SIGN AGREEMENT AMENDMENTS Signature Print or Type Title - \ o K .L , n Li OW- J- e_1 AUTHORIZED TO SIGN REQUEST FOR REIMBURSEMENT Signature Print or Type Title n Li OW- J- e_1 ECY 070-206 (Rev. 01/2006) Ecology is an equal opportunity agency.