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
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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:
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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
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4/ 4 DEPARTMEN
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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
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\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
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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:
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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)
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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.
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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
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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
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Date Submitted
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ECY 070-206 (Rev. 01/2006) Ecology is an equal opportunity agency.