HomeMy WebLinkAboutR-2014-101 Pilot Curbside Recycling Project Assessment/Evaluation; DOE Grant Agreement; Green Solutions, LLC Agreement RESOLUTION NO. R- 2014 -101
A RESOLUTION authorizing the City Manager to execute an Agreement with the
Washington State Department of Ecology for a Coordinated Prevention
Grant for $50,000 for the assessment and evaluation of the City's Pilot
Curbside Recycling Project and to execute a Professional Services
Contract Agreement with Green Solutions, LLC in an amount not to
exceed $37,500 to conduct the evaluation.
WHEREAS, the City of Yakima (City) is completing a pilot project to test a new approach
for curbside recycling in the City supported by the Waste Not Washington Act, which declares
that waste reduction and recycling must become a fundamental strategy of solid waste
management, and
WHEREAS, the Department of Ecology (Ecology) is awarding the City a $50,000 (state
share $37,500) Coordinate Prevention Grant (CPG) to reimburse the City for evaluating the
results of its Pilot Curbside Recycling Program; and
WHEREAS, the City desires to select Green Solutions, LLC. based on their
expertise required in evaluating and interpreting the data results for the feasibility of
implementing a City -wide Curbside Recycling Program and,
WHEREAS, the terms of the Agreement would be in an amount not to exceed
$37,500 and funded by the CPG Grant with Ecology, and
WHEREAS, the City Council has determined that it is in the best interest of the City
to enter into such agreements, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute all applicable documents and
agreements pursuant to a grant from the Department of Ecology in the amount of Fifty
Thousand Dollars ($50,000) for reimbursement of expenditures associated with the evaluation
of the City's Pilot Curbside Recycling project and to execute a Professional Services Contract
Agreement with Green Solutions, LLC., in an amount not to exceed Thirty Seven Thousand Five
Hundred Dollars ($37,500.00) to conduct the evaluation, a copy of the Professional Services
Agreement with Exhibit "A" and "B" is attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 5 day of.August, 2014.
A EST: �d -- 4 Micah Caw ey, yor
Sonya Ilaar Tee, City Cle ; o (� p x
ti
August 5, 2014 Page 1
CONTRACT AGREEMENT
BETWEEN
Green Solutions, LLC AND CITY OF YAKIMA
PO Box 680 Solid Waste and Recycling Division
South Prairie, WA 98385 2301 Fruitvale Boulevard
Yakima, WA 98902
PROJECT: PILOT CURBSIDE PROJECT ASSESSMENT
THIS AGREEMENT combines all understandings between Parties regarding professional services for
the Project named above and supersedes all prior proposals, quotations, solicitations, negotiations,
representations, agreements or understandings, whether written or oral
The performance of the professional services herein described and authorized by the City of Yakima, as
well as payment for such services, shall be in accordance with the terms and conditions presented in this
Agreement and the following Sections and Exhibits which are attached and incorporated by reference
which, taken together, shall constitute the whole Agreement.
Section I - Relationship of the Parties
Section II - Contract Provisions
Exhibit A - Scope of Work and Task Plan
Exhibit B - Project Budget/Fee Schedule
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seal this 5 day of
August, 201.
APPROVED: APPROVED:
CITY OF YAKIMA Green Solutions, LLC
•
I
T` 1'Ro ke, City Manager Rick Hlavka
Date: - Date• 7-
ATTEST:
? CITY CONTRACT NO:
( ?i
e , ,
RESOLUTION NOw
Sonya Claar Tee, City Cler . tki
.
City of Yakima
* '
Solid Waste and Recycling Division����
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SECTION I: RELATIONSHIP OF THE PARTIES
The City of Yakima ( "Client ") desires consulting services for a Residential Pilot Curbside Recycling
Program: Data Collection, Assessment and Evaluation In furtherance of the Project, the Client hereby
contracts with Green Solutions, LLC ( "Green Solutions ") to perform the professional services described
in Exhibit A of this Agreement. All services shall be performed under the point supervision of the
Client's Representative, Loretta Zammarchi, or a designee or designees identified in writing to Green
Solutions by the Client's Representative.
This Agreement shall be for the benefit of and be binding upon successors, assigns, and legal
representatives of each of the Parties hereto Any assignment or transfer of an interest in this Agreement
by either Party without the written consent of the other shall be void
SECTION II: CONTRACT PROVISIONS
1. Scope of Work. Green Solutions shall perform the service for the Client as defined in Exhibit A,
Scope of Work, which is attached hereto and hereby incorporated by this reference
2. Time for Completion The Scope of Work for the conduct of the study as set forth above is
anticipated to be completed by Green Solutions, within a time frame approximating that shown by the
following schedule -
Notice to Proceed: On or before August 11, 2014
Completion of Draft Analysis within 4 months of Notice to Proceed (NTP)
Presentations to Council within 5 months of NTP
Completion of Project: On or before April 2015
Green Solutions agrees to perform the work described in the Scope of Work according to the contract
schedule. Any delays shall be agreed upon by Green Solutions and Client prior to the due date Changes
in the schedule caused by Client delays may require additional compensation and a change order.
3. Payment: Green Solutions will be paid by the Client on a time and materials basis as outlined below
and in accordance with the standard billing rates attached hereto as Exhibit B Green Solutions agrees to
perform the services as set forth in Exhibit A at a cost not to exceed $37,500 00 It is understood that
Green Solutions will not exceed this amount without the Client's prior written authorization.
Green Solutions shall submit to the Client an invoice each month for payment for work completed
through the accounting cut -off day of the previous month. Such invoices shall be for work performed and
costs incurred prior to the date of the invoice and not covered by previously submitted invoices. Green
Solutions shall submit with each invoice a summary of time expended on the work for the current billing
period, copies of sub consultant invoices, and any other supporting materials determined by the Client
necessary to substantiate the costs incurred Client will use its best efforts to pay such invoices within
thirty (30) days of receipt and upon approval of the work completed and amount billed Client will notify
Green Solutions promptly if any problems are noted with the invoice Client may question any item in an
invoice, noting to Green Solutions the questionable item(s) and withholding payment for such item(s).
Green Solutions may resubmit such item(s) in a subsequent invoice together with additional supporting
information required.
Payment to Green Solutions for services set forth in Exhibit A shall be: an amount equal to Green
Solution's standard billing rates as set forth in Exhibit B multiplied by the actual hours worked
Direct expenses will not be charged except as identified in Exhibit B Payment shall be made monthly
upon receipt and approval of Green Solutions' invoice
Payment for any work shall not constitute a waiver or release by Client of any claims, right, or remedy it
may have against Green Solutions under this Agreement or by law, nor shall such payment constitute a
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waiver, remission, or discharge by Client of any failure or fault of Green Solutions to satisfactorily
perform the PROJECT WORK as required under this Agreement.
4. Supplemental Agreements: Supplemental Agreements may be entered into upon mutual written
agreement that would increase or decrease the scope and associated costs and payment.
5. Work to be Accomplished. All work accomplished will be performed under the direction of the
Client Representative or his /her Designee.
6. Termination. This contract may be terminated by the Client by giving Green Solutions written notice
of such termination no fewer than fifteen (15) days in advance of the effective date of said termination.
Green Solutions shall be entitled to terminate this agreement only in the case of a material breach by the
Client, and upon failure of the Client to remedy said breach within fifteen (15) days of written notice of
the breach.
7. Indemnity: Green Solutions shall comply with all Federal Government, State and local laws and
ordinances applicable to the work to be done under this Agreement.
(a) Green Solutions agrees to defend, indemnify, and hold harmless the Client, its elected officials,
agents, officers, employees, agents and volunteers (hereinafter "parties protected ") from (1) claims,
demands, liens, lawsuits, administrative and other proceedings, (including reasonable costs and attorneys
fees) and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any
kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any
person or any property to the extent caused by any negligent act, action, default, error or omission or
willful misconduct arising out of Green Solutions' performance under this Agreement. in the event that
any lien is placed upon the Client's property or any of the Client's officers, employees or agents as a
result of the negligence or willful misconduct of Green Solutions shall at once cause the same to be
dissolved and discharged by giving bond or otherwise.
(b) Client agrees to indemnify and hold Green Solutions harmless from loss, cost, or expense of any
kind claimed by third parties, including without limitation such loss, cost, or expense resulting from
injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the
Client, its employees, or agents in connection with the performance of the Scope of Work.
(c) If the negligence or willful misconduct of both Green Solutions and the Client (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense
shall be shared between Green Solutions and the Client in proportion to their relative degrees of
negligence or willful misconduct and the right of indemnity will apply for such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a liability or a
right of indemnification in any third party
8. All Work Produced is Property of the Client: The materials, computer programs, reports,
calculations, analyses, etc., generated by Green Solutions under this contract, including the final report,
shall become the property of the Client. The Client agrees that if it uses products prepared by Green
Solutions for purposes other than those intended in this agreement, it does so at its sole risk and agrees to
hold Green Solutions harmless thereafter
9. Assignment The Contractor shall not assign or subcontract any portion of the contracted activities
without obtaining prior written approval from the Client.
10. Integrated Agreement: This agreement together with attachments or addenda represents the entire
and integrated agreement between the Client and Green Solutions supersedes all prior negotiations,
representations, or agreements written or oral. This agreement may be amended by written instrument
signed by both the Client and Green Solutions.
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11. Independent Contractor The parties intend that an independent Contractor /Client relationship will
be created by this agreement. No agent, employee, or representative of Green Solutions shall be deemed
to be an agent, employee, or representative of the Client for any purpose. Green Solutions shall be solely
responsible for all acts of its agents, employees, representatives, and subcontractors during the
performance of this contract.
12. Equal Opportunity: During the performance of this Agreement, Green Solutions and Green
Solutions' sub consultants and subcontractors shall not discriminate in violation of any applicable
federal, state and /or local law or regulation on the basis of age, sex, race, creed, religion, color, national
origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual
orientation, and any other classification protected under federal, state, or local law This provision shall
include but not be limited to the following employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and
the provision of services under this Agreement. Green Solutions agrees to comply with the applicable
provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
regulations
13. Notices. Notices to the Client shall be sent to the following address
City of Yakima Solid Waste and Recycling Division
Attention Loretta Zammarchi, Solid Waste Manager
2301 Fruitvale Boulevard
Yakima, WA 98902
509 576 -6421
Notices to Green Solutions shall be sent to the following address
Green Solutions
Attention Rick Hlavka
PO Box 680
South Prairie, WA
360 897 -9533
14. Insurance- At all times during performance of the Services, Green Solutions shall secure and
maintain in effect insurance to protect the Client and Green Solutions from and against all claims,
damages, losses, and expenses arising out of or resulting from the performance of this Contract. Green
Solutions shall provide and maintain in force insurance in limits no less than that stated below, as
applicable The Client reserves the rights to require higher limits should it deem it necessary in the best
interest of the public If Green Solutions carries higher coverage limits than the limits stated below, such
higher limits shall be shown on the Certificate of Insurance and Endorsements and Green Solutions shall
be named as an additional insured for such higher limits.
14.1 1 Commercial General Liability Insurance. Before this Contract is fully executed by the
parties, Green Solutions shall provide the Client with a certificate of insurance as proof of commercial
liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits
of One Million Dollars ($1,000,000) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000) general aggregate The certificate shall clearly state who
the provider is, the coverage amount, the policy number, and when the policy and provisions provided are
in effect: Said policy shall be in effect for the duration of this Contract The policy shall name the Client,
its elected officials, officers, agents, employees, and volunteers as additional insureds The insured shall
5
not cancel or change the insurance without first giving the Client thirty (30) calendar days prior written
notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's
Guide and admitted in the State of Washington.
14.1.2. Automobile Liability Insurance.
a. If Green Solutions owns any vehicles, before this Contract is fully executed by the parties, Green
Solutions shall provide the Client with a certificate of insurance as proof of automobile liability insurance
and personal umbrella liability insurance with a total liability limit of the limits required in the policy,
subject to minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit
bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the
certificate.
b. If Green Solutions does not own any vehicles, only "Non -owned and Hired Automobile Liability"
will be required and may be added to the commercial liability coverage at the same limits as required in
that section of this Contract, which is Section 10 1 1 entitled "Commercial General Liability Insurance ".
c Under either situation described above in Section 14.1.2.a and Section 14.1.2 b., the required
certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number,
and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration
of this Contract. The policy shall name the Client, its elected officials, officers, agents, employees, and
volunteers as additional insureds The insured shall not cancel or change the insurance without first
giving the Client thirty (30) calendar days prior written notice. The insurance shall be with an insurance
company or companies rated A -V1I or higher in Best's Guide and admitted in the State of Washington
14.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice
the rights of the Client, its officers, employees, agents, and representatives there under. The Client and
the Client's elected officials, officers, principals, employees, representatives, and agents shall have no
obligation for payment of premiums because of being named as additional insureds under such insurance
None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to
expire, or changed in any manner that affects the rights of the Client until thirty (30) days after written
notice to the Client of such intended cancellation, expiration or change.
15. Jurisdiction and Venue This Agreement shall be administered and interpreted under the laws of the
State of Washington. Jurisdiction of litigation arising from this Agreement shall be in Washington State.
If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null,
and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force
and effect. Venue for all disputes arising under this Agreement shall be Yakima County, State of
Washington.
16. Dispute Resolution: In the event that any dispute shall arise as to the interpretation of this
agreement, or in the event of a notice of default as to whether such default does constitute a breach of the
contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue
mediation as a means to resolve the dispute. If either of the afore mentioned methods are not successful
then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in
accordance with the laws of Washington. If both parties consent in writing, other available means of
dispute resolution may be implemented.
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EXHIBIT A: SCOPE OF WORK
The following Scope of Work (SOW) identifies the activities that Green Solutions will perform for the
Project:
Pilot Curbside Project Assessment Scope of Work
Overview of Approach
The City of Yakima is conducting a pilot project to test a new approach for curbside recycling in
the city This scope of work addresses the activities that the Green Solutions Team will conduct
to help assess the results of this pilot project Activities to be conducted by the Green Solutions
Team will include
• evaluate the results (participation rates and tonnages collected),
• assess the quality of the setouts,
• assess customer preferences,
• project the cost of the new approach, and
• provide a final report that addresses these activities
These activities are described in more detail below
Task 1: Evaluate the Pilot Program Participation Levels
City of Yakima staff have been collecting data on setout rates and tonnages collected since the
pilot project began Green Solutions will help evaluate this data, and will compare it to setout
rates and tonnages for other areas A draft technical memo will be prepared for review by City
staff The final analysis will be included in the final report for this project.
Assumptions
e This task will employ data already available from the City of Yakima and other
sources.
Deliverables
® Draft technical memo providing an analysis of participation levels in the city and
comparing this to 2 -3 other areas
Task 2: Assess the Quality of the Setouts
Green Solutions will assess the quality of the setouts by reviewing the available data on
contamination levels (from cart inspections by City staff) and also by testing the composition of
the collected materials The composition test will be conducted on August 26 or 27, depending
on whether the load of recyclables can be held overnight for testing the next day
Samples taken on August 26/27 will be tested using standard sorting techniques Depending on
the size of the load, either the entire load will be sorted or 4 -5 sub - samples weighing 150 -200
pounds each will be taken and sorted Results will be reported on a weight basis The sorting
categories proposed for this test are shown in the following table, although this list can be
modified based on discussion with City staff
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Propose of Sor ing Gategaries for Recycling Composition Test
Newspaper Aluminum Cans
Cardboard Tin Cans
Mixed Waste Paper Scrap Metal
Shredded Paper Glass Bottles
Plastic Bottles and Jars Non - Recyclable Glass
Tubs Food Scraps
Buckets Yard Debris
Plastic Bags Other Non - Recyclables
Assumptions
• Space will be provided by Yakima Waste Systems at their facility for the load and sorting
crew. This space will be provided at no cost to consultant and will be indoors or under
cover
• Green Solutions will provide the equipment and personnel needed for sorting activities.
• The Toad of recyclables will be available by noon on August 26 or can be held overnight
for testing on August 27
Deliverables
• Technical memo providing the results of the composition test. Results will also be
included in the final report for this project.
Task 3: Conduct Focus Group
A focus group will be conducted by Envirolssues to gather feedback from pilot program
participants about their preferences for a future city -wide program Envirolssues staff will meet
with City staff (via two web /conference calls) to develop the focus group plan, including
identifying the research goals, target audiences, focus group methodology, support materials,
and logistics. Envirolssues will develop a draft and final focus group script, work with City staff
to identify any program materials needed to support the focus group, and will secure the focus
group meeting venue.
Envirolssues will develop a recruitment plan in consultation with City staff (via one
web /conference call) detailing target audience and demographics and other considerations
Envirolssues will conduct recruitment calls to secure 12 participants (for an actual target
audience of 10) Envirolssues will send confirmation letters to participants and make reminder
calls ahead of focus group meeting
Envirolssues will provide a neutral moderator and note -taker for a 90- minute focus group
session with 10 — 12 participants Envirolssues will work with the venue on room set -up and
take -down The focus group will be conducted in one room, with observers and note -taker in
the room Envirolssues will provide refreshments for participants (cold drinks, coffee and
snacks), and will greet, check in, provide incentive fee and stage participants as they arrive
Envirolssues will develop a summary of the session, and will provide a focus group report that
8
includes the focus group plan and recruitment plan Envirolssues will host a de -brief call for
staff to share observations about the focus group
Assumptions:
• Envirolssues will supply web /conference call platform for planning calls
• City will provide copies of any desired program materials, brochures, project
descriptions, etc
• Envirolssues will provide planning documents electronically in Microsoft Word, Excel or
PowerPoint formats
• City will be directly billed for any costs associated with focus group venue (rental,
insurance, deposits, etc )
• City will provide list of resident names and phone numbers in pilot program area
• Envirolssues will contact up to 200 residents to secure 12 participants
• Envirolssues will provide written summary of focus group session, not video or audio
recordings
Deliverables
• Draft and final focus group plan
• Draft and final focus group script.
• Draft and final recruitment plan
• Confirmation letters to participants (12)
• List of participants
• Focus group summary (draft and final)
• Focus group report (draft and final)
Task 4: Evaluate Survey Data
City of Yakima staff have collected pre -pilot survey data from the pilot program neighborhood
and anticipate distributing a "post- pilot" survey in August Green Solutions will assist with the
design of the post -pilot survey and evaluate the results of both surveys, along with available
information about customer calls and complaints, to provide a report on pilot program participant
preferences A draft report (technical memo) will be provided by Green Solutions for review by
City staff A final report will not be produced separately, but the final analysis will be included in
the final report for the overall project.
Assumptions
• Survey printing and distribution costs will be paid by City
Deliverables
• Draft report on survey results and customer call data
Task 5: Rate Analysis
The rate analysis recently prepared by Bell & Associates will be updated to address curbside
recycling costs and the costs of a new system for garbage, recycling and yard waste Bell &
Associates will align the results of the pilot program with current and /or projected rates Data
from the pilot will be compared to current operations and projected operational and cost impacts
9
•
will be calculated and utilized for the remaining tasks Bell & Associates will incorporate the
findings into a proposed rate proposal showing the cost of a three stream collection system
(garbage, household recyclables and yard waste) and will evaluate the effectiveness and
efficiencies connected to every other week collection Data from Task 1 and the projected
budgets for FY 2015 and FY 2016 will be incorporated into the rate model to calculate the
projected impact of the collection alternatives Costs and information will be reviewed with City
staff and project personnel for input and amendments
Assumptions
• City staff will provide necessary data in a timely fashion
Deliverables
• Draft and final rate proposal for new collection system
Task 6: Prepare a Report on the Findings
The Green Solutions Team will provide draft and final reports on the results of the above tasks
The Green Solutions Team will consolidate findings, including proposed future rates and
recommendations, into a draft report for review by City staff Based on comments from City
staff, a final report will be prepared As part of this process, Green Solutions and Bell &
Associates will work with Solid Waste staff to discuss the results and prepare a presentation on
the findings and recommendations to the City Council Green Solutions and Bell & Associates
will provide a presentation to the City Council
Assumptions
• Timely review and comment by City staff.
• Final report will be provided within two weeks after comments received from City
staff on draft report.
Deliverables
• Draft and final report for pilot program evaluation.
• Presentation to City Council.
Schedule
The following schedule assumes a start date (notice to proceed) of August 1
• Task 1 — draft memo by August 20
• Task 2 — composition test on August 26/27, report by September 5
• Task 3a — focus group on or about August 29, report by September 12.
• Task 4 — report on survey results by September 12, assuming survey results available
by August 29
• Task 5 — updated rate analysis by September 12
• Task 6 — draft report by September 19, final report within two weeks after City
comments
10 •'
Exhibit B
Project Budget/Fee Schedule
Budget
The budget for this work is shown in the attached table The budget is on a time and materials"
basis, with the total budget shown as a "not -to- exceed" figure The budget is based on the
following
• Budget limits will not be applied on a task -by -task basis
• Expenses are charged "at cost" (no markup)
'
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,,.a�,.u�.�,.���z. .,'., .,...?,� .....: .�¢t :, ,,.�..���:.�• ..o &s,`". ._,.,_,... u, „<.,.F � �ii ,;rm.•' 1
1. Evaluate Participation 24 4 $100 $2,920
2 Assess Quality of Setouts 60 $615 $6,315
3 Conduct Focus Group 2 41 69 $1,399 $12,725
4. Evaluate Survey Data 20 $0 $2,090
5. Rate Analysis 10 48 $0 $7,430
6. Prepare Report 40 12 $600 $6,020
Totals 156 41 69 64 $2,714 $37,500
Staffing and Billing Rates Rick Hlavka, Green Solutions, $95 /hour; Penny Mabie, Envirolssues, $174 /hour;
Project Coordinator, Envirolssues, $58 /hour; Chris Bell, Chris Bell and Associated, $135 /hour
° WW II
DEPARTMENT OF
ECOLOGY
State of Washington
COORDINATED PREVENTION GRANT (CPG) AGREEMENT
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
THE CITY OF YAKIMA
Grant No. G1500004
2
Washington State Department of Ecology
Grant No. G1500004
The City of Yakima
Page 2 of 16
This is a binding agreement entered into by and between the state of Washington Department of Ecology,
hereinafter referred to as the "DEPARTMENT" or as "ECOLOGY ", and the City of Yakima hereinafter
referred to as the "RECIPIENT ", to carry out the activities described herein.
JURISDICTION: City of Yakima
MAILING ADDRESS: 2301 Fruitvale Blvd.
CITY, STATE, ZIP: Yakima, WA, 98902
RECIPIENT GRANT COORDINATOR: Loretta Zammarchi
TELEPHONE: (509) 576 -6421
E -MAIL: loretta.zammarchi@yakimawa.gov
RECIPIENT BILLING /INVOICE COORDINATOR: Loretta Zammarchi
TELEPHONE: (509) 576 -6421
E -MAIL: loretta.zammarchi @yakimawa.gov
ECOLOGY PROJECT /FINANCIAL MANAGER: Trent Hurlbut
TELEPHONE: (509) 575 -2782
E -MAIL: thur461@ecy.wa.gov
FUNDING SOURCE: Local Toxics Control Account
MAXIMUM ELIGIBLE COST: $50,000
STATE GRANT SHARE: $37,500
LOCAL SHARE: $12,500
STATE MAXIMUM GRANT PERCENT: 75 %
FEDERAL TAX IDENTIFICATION NO.: 91- 6001293
EFFECTIVE DATE OF THE AGREEMENT: 07 -01 -2014
EXPIRATION DATE OF THE AGREEMENT: 06 -30 -2015
•
Washington State Department of Ecology
Grant No. G1500004
The City of Yakima
Page 3 of 16
PART 1: SCOPE OF WORK
The task(s) set forth below summarize the RECIPIENT'S activities to be performed under this agreement.
Costs are limited to those approved by ECOLOGY as outlined in the current scope of work and budget.
The RECIPIENT must complete all deliverables by the expiration date of this agreement, including
delivery of purchases, unless otherwise stated in the scope of work or approved by ECOLOGY in writing.
Note: The term "task" as used in this agreement is interchangeable with the term "project" as used on the
online Solid Waste Information Clearinghouse and "element" as used on payment request forms.
The "Maximum Eligible Cost" is the maximum amount of eligible costs incurred by a RECIPIENT that
ECOLOGY can reimburse at a rate of 75 percent under this grant.
RECIPIENT shall identify the work plan and activities by "Quarter." A quarter is defined by calendar
year and begins with the first three months of the grant period. RECIPIENT may negotiate changes to the
work plan with the ECOLOGY financial /project manager. ECOLOGY shall document mutually agreed
changes to the plan in writing.
Expenses relating to the collection and recycling of mercury containing lights shall be eligible for CPG
reimbursement until such time that the Mercury Light Recycling program is fully implemented or the
grant agreement expires, whichever is the earliest date.
CATEGORY: WRR
1. TASK TITLE: Yakima Pilot Curbside Project
Task Coordinator— Loretta Zammarchi, 509 576- 6421, loretta.zammarchi @yakimawa.gov
Maximum Eligible Task Cost: $50,000
Task Description: The RECIPIENT will conduct a pilot curbside recycling project. The
CPG Offset Funds will be applied to the assessment, data collection and evaluation phase of the
pilot project. The pilot will target 600 households to participate in curbside collection of
household recyclables and yard waste. The RECIPIENT will partner with Yakima Waste
Systems, Inc., who will serve as the local recycling processor. A consultant will be hired to
work with the RECIPIENT to assess participation and set out rates of customers; collect refuse
and recyclable tonnages and; conduct curbside and recycling center composition tests. In
addition, the Consultant will work with the RECIPIENT to document and analyze collection,
level of service, including frequency, container type and sizes of carts used and material
collected. The Consultant, working with the RECIPIENT, will conduct customer outreach
activities, including but not limited to mail -in and phone surveys, monitoring of customer
questions and comments, and facilitating two (2) focus groups. The RECIPIENT will develop,
implement, and monitor a Web site designated to the pilot curbside project. The outreach and
education efforts are targeted at increasing participation and reducing contamination,
monitoring the progress of the pilot, and soliciting input from the community via a post -pilot
survey. The Consultant will subcontract with a financial analyst. The Consultant will align the
results of the pilot with current and /or projected rates. Both will work with the RECIPIENT
to incorporate findings into a proposed rate proposal showing the cost of a three stream
Washington State Department of Ecology
Grant No. G1500004
The City of Yakima
Page 4 of 16
collection system: garbage, household recyclables and yard waste and evaluate the
effectiveness and efficiency connected to every other week collection. The Consultant will
consolidate findings, including proposed future rates and recommendations into a Final Report.
The Consultant and Financial Analyst will work with the RECIPIENT to present findings and
recommendations to the City Council.
Target Audience: Residents of the City of Yakima.
Goal Statement: To obtain information on solid waste handling needs by introducing
single stream curbside recycling as a sustainable solid waste management alternative to
disposal and to set the stage for future solid waste planning for the RECIPIENT.
Outcome Statement: Estimated outcomes are based on industry standards for diversion and
recycling, but in the end may not be representative of the Pilot Project. Long term outcomes of
the pilot will be conservation of natural resources by increased knowledge of and participation
in recycling opportunities; serving as a platform to launch other recycling and producer
responsibility programs and; to preservation and extension of the life of the current landfill.
A successful pilot will change the culture of how waste is viewed and handled in the City of
Yakima.
Number of Residential Participants: 480
Number of Residential Contacts: 600
Work Plan, Deliverables and Activities Timeline:
July- Sept., 2014 Data Tracking of the Customers: 600 homes; Number of
customers participating - anticipated 80 percent participation; Number of customers setting
material out; Collecting Refuse Tonnage; Collecting Tonnage Diverted. Conduct Composition
Tests. Develop, print, and distribute outreach and educational materials. Distribution of
appropriate customer reminders. Deliverables: set out and participation totals; refuse tonnage;
recycling tonnage; contamination tonnages; post card comments and pre -survey results.
Oct. - Dec., 2014 The RECIPIENT will work with the consultant to conduct a
follow -up survey with participants, conduct a minimum of two focus groups, develop a
preliminary report on findings, realign findings with rate study /development, develop
preliminary report, and develop recommendations for future actions.
Jan.- March, 2015 Develop final report, present findings at City Council study
session, work with RECIPIENT to develop implementation strategies for a city -wide recycling
program.
April -June, 2015 Provide final report to ECOLOGY.
Method of Evaluation: The overall success of the project will be measured by whether
the RECIPIENT is able to develop and promote best management practices for handling its
current and future solid waste. The evaluation plan activities will include gathering, analyzing
Washington State Department of Ecology
Grant No. G1500004
The City of Yakima
Page 5 of 16
and interpreting the data collected by the RECIPIENT and the hired Consultant. The Pilot will
track tons diverted from the landfill: tons of household recyclables and tons of yard waste.
The pilot will measure the activities associated with improving our environment by tracking
the participation and set -out rate, and measure the impact of overall cost of refuse collection by
pounds.per household. The pilot will measure the cost and /or savings of every other week
collection and the effectiveness of standardizing the collection of three waste streams utilizing
32 gallon cart for refuse; 96 gallon cart for yard waste and 96 gallon cart for recyclables by
developing a comparative collection rate structure which will allow City Council to review best
solid waste management options. The effectiveness of the community outreach and education
will be measured by the level of contamination and survey response rates.
PART 2: BUDGET
Budget Information by CATEGORY /TASK Maximum Eligible State Grant
Cost Share
CATEGORY: WRR $ 50,000 $ 37,500
1. Yakima Pilot Curbside Project $ 50,000 $ 37,500
TOTAL GRANT BUDGET
TOTAL MAXIMUM ELIGIBLE COST $ 50,000
STATE GRANT SHARE (75 %) $ 37,500
LOCAL CASH MATCH (25 %) $ 12,500
INTERLOCAL COSTS (0 %) $ - 0 -
PART 3: BUDGET CONDITIONS
A. ECOLOGY requires the RECIPIENT to provide a match of 25 percent of the maximum eligible cost
with cash or interlocal costs. Interlocal costs are the only type of in -kind contributions RECIPIENT
may use as match.
B. If parties are contributing to the local share of task costs (match) through interlocal -in kind
contributions, RECIPIENT shall negotiate a memorandum of understanding or other written
agreement confirming the contribution between the parties. These agreements shall specify the exact
work to be accomplished and be signed by all parties contributing to the local match of this task.
Copies of these agreements shall be made part of RECIPIENT'S grant file and submitted to
ECOLOGY.
Washington State Department of Ecology
Grant No. G1500004
The City of Yakima
Page 6 of 16
C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent on
tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are eligible
(excluding time spent to write a CPG grant application).
D. RECIPIENT must submit'a written request to ECOLOGY to amend budgets between grant tasks, to
modify a scope of work, or for a budget increase or decrease. To increase or decrease the
agreement's total maximum eligible cost or change the scope of work for any tasks as outlined in this
grant agreement, ECOLOGY requires a formal amendment.
E. RECIPIENT must provide ECOLOGY with an updated Spending Plan when requested by
ECOLOGY.
F. Any work performed or costs incurred prior to the effective date or after the expiration date of this
agreement will be at the sole expense of RECIPIENT.
PART 4: SPECIAL TERMS AND CONDITIONS
A. BILLING
1. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a payment
request to ECOLOGY at least quarterly (by calendar year), but no more often than once per
month.
2. RECIPIENT must submit payment requests on approved State Invoice Voucher form, A19-1A,
and submit forms B1/B2 and C 1/C2. The RECIPIENT must submit an A19-1A signed by an
authorized person. The B 1, B2, Cl, and C2 forms are acceptable in electronic format. Forms B 1
and Cl are used only when interlocal costs are used towards the 25 percent match.
3. Any income directly generated as a result of the activities funded by this grant shall be reported
as a credit against the expenses of that activity, as defined by ECOLOGY'S Administrative
Requirements for Recipients of Ecology Grants and Loans, Ecology Publication #91 -18.
4. RECIPIENT shall submit supporting documents with each payment request. This includes copies
of invoices, purchase receipts, payroll records, time and attendance records, contract award
documents, and any document deemed relevant by ECOLOGY to establish the approval of an
expense listed on Form Cl /C2. Documentation shall be clear and legible, and organized by task
in the order in which it is itemized on Form C1 /C2.
5. RECIPIENT shall maintain grant related material and supporting documents including invoice
vouchers sent to ECOLOGY in a common file. RECIPIENT shall keep all supporting documents
for audit purposes for at least three years from the date the agreement is closed by ECOLOGY.
B. REPORTING
Progress reports and Final Performance Analyses must be submitted through the web -based database, the
Solid Waste Information Clearinghouse.
Washington State Department of Ecology
Grant No. G1500004
The City of Yakima
Page 7 of 16
RECIPIENT must submit a progress report with each payment request. RECIPIENT is required to submit
a progress report for a quarter even when a quarterly payment request was not submitted. These progress
reports shall include information that supports incurred costs identified on the corresponding Cl or C2 of
the payment request, and provide a brief update in support of the outcomes and /or method of evaluation in
the grant agreement.
A Final Performance Analysis (FPA) report must be submitted for each task in a Planning and
Implementation grant before ECOLOGY can process a final payment request.
C. COMPENSATION
Payment to RECIPIENT will be issued through Department of Enterprise Services' (DES) Statewide
Vendor /Payee Services. DES maintains a central vendor file for state agencies to use to process
payments.
RECIPIENTS must register as a state -wide vendor by submitting a state -wide vendor registration form
and an IRS W -9 form to DES.
For details and forms go to: http: / /des.wa.gov/ services /IT/ SystemSupport /Accounting/Pages /swps.aspx.
If you have questions about the vendor registration process, please contact DES at the Payee Help Desk at
(360) 407 -8180 or email to payeehelpdesk @des.wa.gov.
D. TRAINING
RECIPIENT is expected to participate in any ECOLOGY recommended trainings related to managing a
CPG agreement unless exempted by ECOLOGY in writing.
E. PROCUREMENT AND CONTRACTS
1. RECIPIENT must follow local procurement procedures or current state procurement procedures,
whichever is stricter. A RECIPIENT with no formal procurement procedures must certify that
they have complied with the "Standards for Competitive Solicitation" found in Part V of the
Administrative Requirements for Recipients of Ecology Grants and Loans — Yellow Book,
Ecology Publication #91 -18.
2. Upon issuance, the RECIPIENT may submit a copy of all requests for qualifications (RFQs),
requests for proposals (RFPs), and bid documents relating to this grant agreement to the
ECOLOGY financial /project manager to be placed in the file.
3. Prior to contract execution, the RECIPIENT may submit all draft documents and a copy of the
draft proposed contract to the ECOLOGY financial /project manager. RECIPIENT assumes any
risks associated with the failure to consult with the regional financial /project manager. Following
the contract execution, RECIPIENT shall submit a copy of the final contract to the ECOLOGY
assigned financial /project manager to be placed in the file.
4. Unless a specific purchase of equipment or real property is already written into a task's scope of
work, RECIPIENT must submit a written request to ECOLOGY to purchase any equipment or
real property (Property) with a single unit purchase price of $5,000 or more. The request must
include the justification for the purchase of the property, the total cost, the intended use, and the
anticipated useful life of the property. The request must be approved in writing by ECOLOGY
prior to the purchase.
Washington State Department of Ecology
Grant No. G1500004
The City of Yakima
Page 8 of 16
F. USE OF EXISTING CONTRACTS
RECIPIENT may use existing contracts that conform to local adopted procurement procedures and
applicable state laws. RECIPIENT shall notify ECOLOGY if intending to use contracts entered into
prior to the execution of the grant agreement for performance of grant- funded activities. RECIPIENT
shall submit a copy of the contract to its assigned ECOLOGY financial /project manager to be placed
in the file. The grant eligibility of products or services secured by the RECIPIENT under existing
contracts used to perform the scope of work in this agreement must be deemed allowable and
reasonable by ECOLOGY prior to cost reimbursement.
G. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION
For equipment or property purchased with a cost of at least $5,000 per unit or functional system, the
RECIPIENT must utilize an inventory control system, including physical inventory to document the
ongoing use, a description of the item, including serial or vehicle identification number (VIN when
possible), and location. The information shall be submitted to ECOLOGY upon request until final
disposition is made. RECIPIENT shall investigate, document, and report to ECOLOGY any loss,
theft or damage upon discovery of such conditions. RECIPIENT will follow manufacturer
recommended maintenance procedures to keep the property in good operating condition.
RECIPIENT shall submit a written request to the ECOLOGY for any intent to change the use of the
equipment as outlined in this grant agreement, including uses past the expiration date of this
agreement. Disposition of the equipment shall be determined by ECOLOGY and documented in
writing. A copy of the determination will be provided to RECIPIENT upon ECOLOGY's closure of
the grant agreement unless already identified in the task's scope of work.
o If the equipment is necessary for the continued operation of the project or other projects
administered through ECOLOGY, the financial /project manager may instruct the
RECIPIENT to retain the equipment with no further compensation to ECOLOGY.
o If the project has no further significant use for the equipment, the financial /project manager
may instruct the RECIPIENT to retain or sell the equipment and pay ECOLOGY an amount
equal to ECOLOGY's share of the current fair market value, sale proceeds or other price
agreed upon by the financial /project manager.
o The financial /project manager may instruct the RECIPIENT to transfer title to ECOLOGY or
to a third party named by ECOLOGY who is eligible under existing statutes.
H. ARCHEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological
or cultural resources. Activities associated with archaeological and cultural resources are an eligible
reimbursable cost subject to approval by ECOLOGY.
RECIPIENT shall:
1. Immediately cease work and notify ECOLOGY if any archeological or cultural resources are
found while conducting work under this Agreement.
2. Immediately notify the Department of Archaeology and Historic Preservation at (360) 586 -3064,
in the event historical or cultural artifacts are discovered at a work site.
3. Comply with Governor Executive Order 05 -05, Archaeology and Cultural Resources, for any
capital construction projects prior to the start of any work.
Washington State Department of Ecology
Grant No. G1500004
The City of Yakima
Page 9 of 16
4. Comply with RCW 27.53, Archaeological Sites and Resources, for any work performed under
this Agreement, as applicable. National Historic Preservation Act (NHPA) may require the
RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on -site
activity with the potential to impact cultural or historic properties.
I. ENVIRONMENTALLY PREFERABLE PURCHASING
In a joint effort to save costs, produce energy savings and prevent waste, RECIPIENT agrees to use
both sides of paper sheets for copying and printing when feasible. RECIPIENT also agrees to
purchase paper products with a high level of post consumer recycled content when they are
comparable in quality, available, and cost effective.
J. ALL WRITINGS CONTAINED HEREIN
This agreement, including the appended "General Terms and Conditions," the current cycle Program
Guidelines - Coordinated Prevention Grants found at
https: / /fortress.wa.gov /ecy /publications /summarypages /1107008.html, and ECOLOGY'S
Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication #91-
18, contain the entire understanding between the parties, and there are no other understandings or
representations except as those set forth or incorporated by reference herein. No subsequent
modification(s) or amendment(s) of this grant agreement shall be of any force or effect unless in
writing, signed by authorized representatives of RECIPIENT and ECOLOGY, and made part of this
agreement.
IN WITNESS WHEREOF, the parties sign this Agreement:
STATE OF WASHINGTON TH , CITY OF Y ' MA
DEPA' EN COLOGY
._ I I
Laurie G. Davies Date Signatory Date
Program Manager _ 1
Waste 2 Resources Program it 44 , ' A ! 1LI - e'
?tinted ame and itle of Sign. ory '
APPROVED AS TO FORM ONLY Assistant Attorney General
RESOLUTION N Iy —
Washington State Department of Ecology
Grant No. G1500004
The City of Yakima
Page 10 of 16
APPENDIX A
ATTACHMENT I: 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 terms and conditions
of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts
with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering services
shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies
of all bids received and contracts awarded, for inspection and use by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the
RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals
and permits required by authorities having jurisdiction over the project, provide assurance to the
DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State
laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively
support the program of the Office of Minority and Women's Business Enterprises to the maximum
extent possible. 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 DEPARTMENT shall
have the right to immediately terminate this agreement for cause as provided in Section K.1, herein.
Washington State Department of Ecology
Grant No. G1500004
The City of Yakima
Page 11 of 16
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved
in this project to give up any part of the compensation to which he /she is otherwise entitled or, receive
any fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this agreement.
Such records shall clearly indicate total receipts and expenditures by fund source and task or object.
All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All
records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work accomplished 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 inspection at any
time during the course of this agreement and for at least three years following grant/loan termination
or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A -133 (Audits of States, Local Governments
& Non Profit Organizations), including the compliance Supplement to OMB Circular A -133, if the
RECIPIENT expends $500,000 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.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such
other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the
DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to
meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the
action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation.
Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days
following the end of the quarter being reported.
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 forms provided by the DEPARTMENT along with
documentation of the expenses. Payments shall be made for each task/phase of the project, or portion
thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as
satisfactory by the Project Officer.
.
Washington State Department of Ecology
Grant No. G1500004
The City of Yakima
Page 12 of 16
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 %) of each reimbursement payment as security for the RECIPIENT'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 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.
Washington State Department of Ecology
Grant No G 1500004
The City of Yakima
Page 13 of 16
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 terms 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.
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.
5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement
includes funds for the acquisition of land or facilities:
•
' Washington State Department of Ecology
Grant No. G1500004
The City of Yakima
Page 14 of 16
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 attorney's opinions establishing that the
land is free from any impediment, lien, or claim which would impair the uses contemplated by
this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT
shall not at any time convert any equipment, property or facility acquired or developed pursuant to
this agreement to uses other than those for which assistance was originally approved without prior
written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the
DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance
which monies granted pursuant to this agreement bear to the total acquisition, purchase or
construction costs of such property.
N. 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 /sustainabi lity /.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon
satisfactory performance of this agreement including the satisfactory completion of the project described
in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required
of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to
repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the
project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12 %) per 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
1
Washington State Department of Ecology
Grant No. G1500004
The City of Yakima
Page 15 of 16
the Project Officer or other designated official shall be final and conclusive unless, within thirty days
from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of
the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity
to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized
representative for the determination of such appeals shall be final and conclusive. Appeals from the
Director's determination shall be brought in the Superior Court of Thurston County. Review of the
decision of the Director will not be sought before either the Pollution Control Hearings Board or the
Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed
diligently with the performance of this agreement and in accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any function or
responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision
which affects his /her personal interest or the interest of any corporation, partnership or association in
which he /she is, directly or indirectly interested; nor shall he /she have any personal or pecuniary interest,
direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees,
and other costs related to the project described herein, except as provided in the Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shall
indemnify and hold the other harmless from and against any liability for any or all injuries to persons
or property arising from the negligent act or omission of that party or that party's agents or employees
arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this agreement which can be given
effect without the invalid provision, and to this end the provisions of this agreement are declared to be
severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall
be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and
regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms 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
• Washington State Department of Ecology
Grant No. G1500004
The City of Yakima
Page 16 of 16
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
f�
F x .11
4
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.D.
For Meeting of: August 05, 2014
ITEM TITLE: Resolution authorizing the City Manager to execute a
Coordinated Prevention Grant (CPG) Agreement with the
Washington State Department of Ecology and to execute a
Professional Services Agreement with Green Solutions, LLC,
in an amount not to exceed $37,500 to conduct an
assessment and evaluation of the City's Pilot Curbside
Recycling Project
SUBMITTED BY: Scott Schafer, Public Works Director
Loretta Zammarchi, Solid Waste & Recycling Division
Manager - (509) 576 -6421
SUMMARY EXPLANATION:
The City of Yakima Solid Waste & Recycling Division applied for, and was awarded, a
Coordinated Prevention Grant in the amount of $50,000 to assist the City of Yakima (City) in
assessing and evaluating its Pilot Curbside Recycling Program. Data and analysis from the
Pilot Curbside Recycling Program will be used to design a voluntary, city wide recycling
program
The Grant required a 25% local match from the City ($12,500) and a state grant share of 75%
($37,500) bringing the total grant amount to $50,000. The CPG Grant is attached for City
Council review.
Based on the services required in evaluating the participation rates and tonnages collected
during the Pilot Project, staff recommends contracting with Green Solutions, LLC. Green
Solutions, LLC has the ability to assess the quality of both the setouts and of the customer
preferences, and project costs for this new approach. The terms of the Agreement would be in
an amount not to exceed $37,500. (See attached Agreement with Exhibit "A" and "B ")
Exhibit "A" of the Agreement describes the Scope of Work in more detail.
Exhibit "B" of the Agreement describes the Project Budget/Fee Schedule.
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term:
Start Date: August 11, 2014 End Date: April 2015
Item Budgeted: No Amount: $37,500
Funding Source /Fiscal Washington State Department of Ecology CPG
Impact: Offset Funds No. G1500004 ($37,500)
Strategic Priority: Partnership Development
Insurance Required? No
Mail to: Rick Hlavka, Green Solutions, LLC., P.O. Box 680, South
Prairie, WA. 98385
Phone: (360) 897 -9533
APPROVED FOR
SUBMITTAL: City Manager
RECOMMENDATION:
Staff respectfully requests the City Council approve the Resolution for the CPG Grant
Agreement with the Washington State Department of Ecology and to execute the accompanying
Professional Services Agreement with Green Solutions, LLC.
ATTACHMENTS:
Description Upload Date Type
0 Resolution for CPG & Green Solutions 7/29/2014 Resolution
CPG Agreement 7/25/2014 Contract
0 Green Solutions Contract 7/29/2014 Contract