HomeMy WebLinkAboutAG 21-129 - DEPT. OF ECOLOGY SOLID WASTE MANAGEMENTRETURN TO: PW ADMIN EXT: 2700 ID #: 3961
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIv: PUBLIC WORKS / Environmental Services
2. ORIGINATING STAFF PERSON: Rob Van Orsow EXT: 2770 3. DATE REQ. BY:
3. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): 0 INTERLOCAL
❑ OTHER
4. PROJECT NAME: 2021-2023 Local Solid Waste Financial Assistance Grant - ECY
s. NAME OF CONTRACTOR: Dept of Ecology Solid Waste Management
ADDRESS: POB 47600, Olympia, WA 98504 TELEPHONE: 425-429-4639
E-MAIL: dwad461 Qecv.waxiciv FAX:
SIGNATURE NAME: Laurie Davies TITLE: SWM Program Mn r.
6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE # n/a BL, EXP. 12/31/ UBI # , EXP. �/ /
7. TERM: COMMENCEMENT DATE: JUIy 1, 2021 COMPLETION DATE: June 30, 2023
8. TOTAL COMPENSATION: $ They pay Us (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:. n/a
9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
A DIVISION MANAGER RVO / 8/25/21
8 DEPUTY DIRECTOR EJW 0/26/2021 DSW 9/7/21
8 DIRECTOR DSW 9/7/21 -__-
❑ RISK MANAGEMENT (IF APPLICABLE)
8 LAW DEPT KVA 9/3/2021
10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
11. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC, D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL / DATE SIGNED
❑ FINANCE DEPARTMENT
❑ LAW DEPT
6 SIGNATORY(MAYOR-O CDIxEc'['OR) ems' -w
❑ CITY CLERK
❑ ASSIGNED AG # AG# •-1
❑ SIGNED COPY RETURNED DATE SENT:
COMMENTS:
EXECUTE " " ORIGINALS
Grant Agreement furnished by DOE via standard contract form. Scope of work determined by City and incorporated into Agreement. Council Approval of Grant via Resolution 20-793 [attached]
1/2020
DEPARTMENT OF
ECOLOGY
State of Washington
Agreement No. SWMLSWFA-2021-FedWay-00072
SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF FEDERAL WAY
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter
referred to as "ECOLOGY," and CITY OF FEDERAL WAY, hereinafter referred to as the "RECIPIENT," to carry out
with the provided funds activities described herein.
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
IMP City of Federal Way
$182,198.67
$182,198.67
$136,649.00
$45,549.67
06/30/2023
Planning & Implementation
Project Short Description:
The City of Federal Way will use $182,198.67 to provide recycling collection events and promote related options, as
well as implement a residential recycling contamination monitoring program with related education and outreach. As a
result, an estimated 20 tons will be recycled, 10 tons of hazardous waste will be properly managed, 5 tons of organics
will be diverted from landfill, 5 tons of material will be reused, and 200 tons of contamination will be reduced.
Project Lon Description:
escription:
See the Scope of Work section for more detailed information related to individual Tasks.
Overall Goal:
Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental contamination through
planning and project implementation; and comply with state and local solid and hazardous waste management plans and
State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
laws.
Page 2 of 23
Template Version 12/10/2020
State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
RECIPIENT INFORMATION
Organization Name: CITY OF FEDERAL WAY
Federal Tax ID: 91-1462550
DUNS Number: 612509901
Mailing Address: 33325 8th Ave South
Federal Way, WA 98003
Physical Address: 33325 8th Ave South
Federal Way, Washington 98003
Organization Fax: (253) 835-2709
Contacts
Page 3 of 23
Template Version 12/10/2020
State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
Rob Van Orsow
Project Manager
Environmental Services Manager
33325 8th Ave S
Federal Way, Washington 98003
Email: rob.vanorsow@cityoffederalway.com
Phone: (253) 835-2770
Billing Contact I Rob Van Orsow
Environmental Services Manager
33325 8th Ave S
Federal Way, Washington 98003
Email: rob.vanorsow@cityoffederalway.com
Phone: (253) 835-2770
Edward J Walsh
Authorized Public Works Director
Signatory
33325 8th Ave S
Federal Way, Washington 98003
Email: edward.walsh@cityoffederalway.com
Phone: (253) 835-2713
Page 4 of 23
Template Version 12/10/2020
State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Solid Waste Management
PO BOX 47600
Olympia, WA 98504-7600
Physical Address. Solid Waste Management
300 Desmond Drive SE
Lacey, WA 98503
Contacts
Page 5 of 23
Diana Wadley
Project
Manager
PO Box 330316
Shoreline, Washington 98133-9716
Email: dwad461@ecy.wa.gov
Phone: (425) 429-4639
Diana Wadley
Financial
Manager
PO Box 330316
Shoreline, Washington 98133-9716
Email: dwad461@ecy.wa.gov
Phone: (425) 429-4639
Template Version 12/10/2020
State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
AUTHORIZING SIGNATURES
Page 6 of 23
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings or representations
other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
By.
Laurie Davies
Solid Waste Management
Program Manager
Template Approved to Form by
Attorney General's Office
Date: 2021.09.08
11:37:02-07'00'
CITY OF FEDERAL WAY
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Date Edward J Walsh
Public Works Director
9/7/2021
Date
Template Version 12/10/2020
State of Washington Department of Ecology Page 7 of 23
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
SCOPE OF WORK
Task Number: 1 Task Cost: $53,333.33
Task Title: CROP Recycling Operations
Task Description:
RECIPIENT will support the operations, coordination, and promotion of options for items not typically collected in curbside
recycling. Services may focus on collection and recycling or reuse of (but is not limited to): tires, polystyrene foam, reusable
household goods, mattresses, specific electronics, clean scrap wood, branches and stumps, Christmas trees, bicycles and
parts, CFC-containing appliances, secure document shredding, and batteries.
Work performed:
- Coordination of events or collection opportunities and vendors who will ultimately recycle or reuse the collected materials.
- Hosting and staffing of event or collection opportunity ("collection opportunity" example is doorstep collection services).
- Promotion of the recycling self -haul event or at-home collection opportunity.
Who is performing the work:
- Events will be held with support from service providers, non -profits, and community/volunteer groups who will also
participate in phases of event management including promotion, procuring event sites and support services, and related
logistics.
- At-home special collection and delivery of items for recycling or reuse will be by service providers and their recycling or
reuse outlets.
- RECIPIENT will perform coordination, management, and promotion of periodic recycling events, voucher -based recycling
and/or local recycling options.
Expected costs include:
- RECIPIENT employee time to coordinate and promote programs.
- Service provider, non-profit, or community organization costs for staffing collection, and ultimate recycling or reuse vendor
costs.
- Printing, ads, and mailing.
- Vouchers to support start-up subscription costs to at-home unusual item recycling. RECIPIENT will provide vouchers
covering 50% of the cost of service, for up to 6 months of service. This helps the Task to not pay for collection of items
covered by product stewardship programs, gets the resident used to paying, and may improve equitable access. About 25% or
less of the budget will be used on this.
RECIPIENT will credit the grant for revenue received from fees or sales of items this Task is directly supporting.
This Task will not reimburse costs covered by existing product stewardship organizations (E-Cycle Washington, LightRecycle
Washington, PaintCare, Call2Recycle) or for costs covered by new product stewardship organizations that are fully
implemented during this agreement period.
Reimbursement for costs incurred by contractors to implement work identified in this task are subject to the same eligibility and
reimbursement requirements as the RECIPIENT, and require ECOLOGY approval.
Template Version 12/10/2020
State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
Page 8 of 23
In accordance with provision 19 of the General Terms and Conditions of this Agreement, RECIPIENT is encouraged to work
with their Ecology grant manager when developing promotional materials, and must provide a draft copy for review and
approval ten (10) business days prior to production and distribution of materials.
This Task includes recycling activity managed or performed by RECIPIENT at a recycling center such as a drop box location,
or at another location. Disposal of any materials collected or advertised as collected for recycling or reuse or marketed for
recycling or reuse under this Task is prohibited. RECIPIENT must immediately notify ECOLOGY when they become aware
that disposal of materials collected for recycling or reuse occurred. ECOLOGY may deny new costs or require RECIPIENT
to repay costs already reimbursed or both.
Task Goal Statement:
The goal of this Task is to decrease resource use and reduce contamination of curbside recycling, as well as increase diversion
from landfill and reduce illegal dumping. This is done by an increase in convenience and access to recycling for items that are
banned from disposal or not typically recycled via routine curbside collection services, and proper disposal of hazardous items.
Task Ex ected Outcome:
RECIPIENT will track the type and quantity of outcomes listed on the Spending Plan and Outcomes Data Collection form
found within the EAGL database. As a result of the support of this task for collection events and services, RECIPIENT
anticipates diverting approximately 20 tons of recycled material, 10 tons of moderate risk waste, 5 tons of organics and 5 tons
of solid waste for reuse.
Recipient Task Coordinator: Rob Van Orsow
CROP Recycling Operations
Deliverables
Number
Description
Due Date
1.1
Task Expected Outcomes are the deliverables and achieved incrementally
throughout the biennium.
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State of Washington Department of Ecology Page 9 of 23
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
SCOPE OF WORK
Task Number: 2 Task Cost: $128,865.34
Task Title: CROP Residential Recycling/Waste Prevention
Task Description:
RECIPIENT will take a multifaceted approach to encourage residential recycling and reuse participation while reducing
curbside recycling contamination. When presenting information about reuse and recycling options, RECIPIENT intends to
include local doorstep service provider(s) that collect specialty items that are common contaminants in the curbside recycling
cart. These items include polystyrene foam, reusable household goods, some electronics, and batteries. Educational outreach
and promotion of this service will focus on proper recycling practices for materials, including information that clarifies why and
how these items contaminate the curbside recycling stream, as well as inclusion of local self -haul options. Promoting self -haul
options as well as doorstep options helps address the need to present all options fairly, and shows residents no -cost option(s).
Work performed:
- Conduct residential (single-family and multi -family) recyclables set -out inspections, and provide direct corrective outreach
and feedback to customer groups, such as via in -person meetings, calls, or direct mailings.
- Produce educational materials such as social media posts, print materials, e-newsletter production, and website posts.
- Produce videos about how to properly recycle, how to avoid contamination, and the various options for reusing or
recycling items that don't belong in traditional curbside recycling. RECIPIENT intends for the videos to be generic to allow
other governments or non -profits to broadcast or stream, so this task also includes replication and distribution of outreach
materials to interested entities.
- Single-family recyclables composition studies paired with visual pre and post inspections to establish a baseline
contamination rate, and contamination rate after outreach. (Multi -family will be only visual pre and post inspections.)
Who is performing the work and expected costs:
- RECIPIENT will hire temporary field personnel to conduct the inspections and outreach.
- RECIPIENT will hire professional video support for the production of videos.
- Printing and distribution of hard copy and electronic educational materials.
- RECIPIENT employee hours for administration of this Task.
- Third party employee will conduct the pre- and post -outreach residential contamination level determinations.
In accordance with provision 19 of the General Terms and Conditions of this Agreement, RECIPIENT is encouraged to work
with their Ecology grant manager when developing promotional materials, and must provide a draft copy for review and
approval ten (10) business days prior to production and distribution of materials.
Items that are considered entertainment are not eligible for reimbursement such as gift cards and movie tickets. LSWFA allows
outreach items that meet the following criteria:
1. Pre -approved by ECOLOGY.
2. Relevant to the task and support the task's message.
3. Promote an environmental action.
4. Received by a "participant" in the LSWFA program or task.
5. Minimal in cost.
Template Version 12/10/2020
State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
Page 10 of 23
Task Goal Statement:
The goal of this Task is to improve the recycling commodity streams and costs, as well as reduce environmental harm, by
diverting contamination away from recycling bins. Another goal is to increase diversion of materials from landfill to reuse or
recycling by educating residents about their many collection or self -haul options for these items.
Task Expected Outcome:
A baseline composition study for residential recyclables conducted through mid-2021 will determine a pre -outreach
contamination level. Updated data will be gathered via at least two sampling studies to be scheduled during the last quarter of
the grant to measure contamination change. Visual audits of containers pre and post outreach will be performed for both single -
and multi -family targeted areas. Sampling protocols will reference sampling studies noted in the LSWFA Guidelines.
RECIPIENT anticipates diversion of 200 tons of contamination away from collected residential recyclables over the contract
term through implementation of the outreach described in this Task.
Recipient Task Coordinator: Rob Van Orsow
CROP Residential Recycling/Waste Prevention
Deliverables
Number Description
Due Date
2.1 Task Expected Outcomes are the deliverables and achieved incrementally
throughout the biennium.
Template Version 12/10/2020
State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
BUDGET
Funding Distribution EG220047
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title:
Funding Effective Date
Funding Source:
Title:
Fund:
Type:
Funding Source %
Description:
City of Federal Way
07/01 /2021
Funding Type: Grant
Funding Expiration Date: 06/30/2023
Model Toxics Control Operating Account (MTCOA)
State
100%
Local Solid Waste Financial Assistance
Approved Indirect Costs Rate: Approved State Indirect Rate: 30%
Recipient Match %: 25%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
City of Federal Way
Task Total
CROP Recycling Operations
;$ 53,333.33
CROP Residential Recycling/Waste Prevention
$ 128,865.34
Total: $ 182,198.67
Page 11 of 23
Template Version 12/10/2020
State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
Funding Distribution Summary
Recipient / Ecology Share
Page 12 of 23
Funding Distribution Name
Recipient Match %
Recipient Share
Ecology Share
Total
City of Federal Way
25.00 %
$ 45,549.67
$ 136,649.00
$ 182,198.67
Total
$ 45,549.67
$ 136,649.00
$ 182,198.67
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
If the scope of this Agreement includes recycling activity managed or performed by the RECIPIENT at a recycling center (such
as a transfer station or drop box location) or other locations, Ecology will not reimburse disposal costs for materials collected
or advertised as collected for recycling/reuse or marketed for recycling/reuse under this Agreement, unless approved in writing
by Ecology. RECIPIENT must immediately notify ECOLOGY when the RECIPIENT becomes aware that disposal of
materials occurred or may occur due to the market conditions for recycled/reused materials. ECOLOGY may deny new costs
or require repayment of costs already reimbursed or remove the task from the Agreement or terminate the Agreement.
Ecology will conduct a risk assessment of all Local Solid Waste Financial Assistance recipients. The level of risk determines the
level of oversight required by Ecology throughout the biennium. If the RECIPIENT's performance or project circumstances
change, Ecology may reassess risk and notify the RECIPIENT of any changes to administrative requirements.
RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly. The Spending Plan and
Outcomes Data Collection form must be completed concurrent with the submittal of each payment Request/Progress Report.
RECIPIENT shall report outcomes in a manner consistent with instructions in the Local Solid Waste Financial Assistance
guidelines.
RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial (including payment
requests), performance, and other reports required by this Agreement. Ecology shall have the right to deny reimbursement of
payment requests received after this date.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION DEBARMENT. INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
Template Version 12/10/2020
State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
Page 13 of 23
contained in the certification, they must provide an explanation as to why they cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT FFATA REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
Receives more than $25,000 in federal funds under this award.
Receives more than 80 percent of its annual gross revenues from federal funds.
Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is
required to report the FFATA information for federally funded agreements, including the required DUNS number, at
www.fsrs.gov <bM://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at wwW.usas endin ov <b=://www.usaspendinp.jzov/>.
For more details on FFATA requirements, see www.fsrs.goy <httpJ/www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
Template Version 12/10/2020
State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
SERVICES OR EQUIPMENT:
Page 14 of 23
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232
<htWs://www.9-ovinfo.gov/content/2kgPLAW-I 159ubi232/2df/PLAW-I 15pub1232.pdf--, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or
services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in
the System for Award Management (SAM) bMs://sam.gov/SAM/> exclusion list.
Template Version 12/10/2020
State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
06/24/2021 Version
ADMINISTRATIVE REQUIREMENTS
Page 15 of 23
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition."
(https://fortress.wa.gov/ecy/publications/SummaryPages/ 1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to all
products supplied under the Agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology's public web site.
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic
archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered,
disturbed, or damaged due to the RECIPIENT's project funded under this Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project:
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements.
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological
and Cultural Resources.
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State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
Page 16 of 23
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site.
c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT.
ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9
form at website, https://ofin.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has
been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as
appropriate, or upon completion of an audit as specified herein.
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State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
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j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) 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.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to
conform to that statute or rule of law.
CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
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State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
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The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision
will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will 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.
To the extent that the Constitution and laws of the State of Washington permit, each party will 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.
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
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State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
16. KICKBACKS
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RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned
(WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18. ORDER OF 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) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
20. PROGRESS REPORTING
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State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
Page 20 of 23
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved
by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines.
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY 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.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property.
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. 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 intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY 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.
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State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
22. RECORDS, AUDITS, AND INSPECTIONS
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RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
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 (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. 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.
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
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State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
Page 22 of 23
27. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable, rechargeable, and recyclable, 100% post -consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY's web page, Green Purchasing,
https://ecology.wa. gov/Regulations-Permits/Guidance-technical-assistance/Sustainab le -purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work.
Non -Performance. The obligation of ECOLOGY 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
ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination.
Non -Allocation of Funds. ECOLOGY'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 the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no
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State of Washington Department of Ecology
Agreement No: SWMLSWFA-2021-FedWay-00072
Project Title: IMP City of Federal Way
Recipient Name: CITY OF FEDERAL WAY
Page 23 of 23
event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
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.
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or 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 ECOLOGY.
End of General Terms and Conditions
Template Version 12/10/2020
