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AG 12-007 ETURN TO: `CA S i c o... EXT: 210\ CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ SW&R 2. ORIGINATING STAFF PERSON:ROB VAN ORSOW EXT:2770 3. DATE REQ.BY: 4. 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#):12-007 ❑ INTERLOCAL ❑OTHER GRANT AGREEMENT 5. PROJECT NAME:COORDINATED PREVENTION GRANT-(WA STATE DOE) 6. NAME OF CONTRACTOR:WA State Dept. of Ecology, Waste 2 Resources Program ADDRESS:DAWN DRAKE,WA DOE,PO BOX 47600 OLYMPIA,WA 98504-7600_ TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: 7. 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# BL,EXP. 12/31/ UBI# ,EXP. 1 / 8. TERM: COMMENCEMENT DATE: 1/1/12 COMPLETION DATE:6/30/13 9. TOTAL COMPENSATION:$ STATE PAYS CITY (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 ❑ PURCHASING: PLEASE CHARGE TO: N/A 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL I DATE APPROVED ❑ PROJECT MANAGER w re DIVISION MANAGER h 1iis I ❑ DEPUTY DIRECTOR �i ❑ DIRECTOR L61 -17 ❑ RISK MANAGEMENT (IF APPLICABLE) FLAW DEPT lirm m 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: '41 1 I) DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED ❑ LAW DEPT ❑ SIGNATORY(MAYOR OR DIRECTOR) 'iI l3 ❑ CITY CLERK i -16,66 retimu- N//5/6' QS ASSIGNED AG# AG# Ali r A Q1.SIGNED COPY RETURNED DATE SENT: 14 ❑RETURN ONE ORIGINAL COMMENTS: EXECUTE 2 "ORIGINALS IN BLUE INK,GRANT PROGRAM AUTHORIZED BY RESOLUTION:THIS AMENDMENT ADDS$1,584 IN ADDITIONAL FUNDING THAT THE CITY\IS ELIGIBLE FOR. / A 1 LA ,)\/. ( 5 1 2_01 i t(/' 11/9 • Agreement No. G1200227-Amendment 1 Coordinated Prevention Grant Program Regular Cycle Agreement with the City of Federal Way FUND SOURCE: CPG (LTCA) Maximum Eligible Cost: $ 132,437.07 1. * E.� Mkt flN TA 7 i Local Toxics Control Account 75% $ 99,327.80 (LTCA) Cash Match 25% $33,109.27 Interlocal Costs 0% $0 3. The expected outcomes remain the same.An increase in funding is needed because project costs were more than originally anticipated. 4. The effective date of this amendment is January 1,2012. 5. All other terms and conditions of the original agreement and any amendments remain in full force and effect. IN WITNESS WHEREOF,the arties sig n this Amendment: P STATE OF WASHINGTON CITY OF FEDERAL WAY DEPARTMENT OF ECOLOGY `4*/2/,6a-)fil „ LCWLeod 170/ a45/ " ' 7CtriL I '4(0 La urie G.Davies Date Authorized EDficial Date Program Manager Waste 2 Resources -�'�`1\ 42\0e—_. Print Nameaf Authorized Official t-e.k.4.trt d S ,)ate, QW c Title Approved as to form only Assistant Attorney General Page 2 of 2 AMENDMENT NO. I TO AGREEMENT NO. G1200227 i SEP 13 2313 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Ecology VV2R AND THE CITY OF FEDERAL WAY Purpose: To amend the above referenced grant agreement between the Department of Ecology (Department)and the City of Federal Way(Recipient}to increase the maximum eligible cost to spend by June 30,2013 under this agreement. IT IS MUTUALLY AGREED that the agreement is amended as follows: 1. The maximum eligible cost for this agreement is increased by$2,113.07 from$130,324 to a total of $ 132,437.07.The state share amount for this agreement is increased by$1,584.80 from$97,743 to a total III of$99,327.80. 2. The following table outlines the changes to the budget listed by task. >. I• "i;`�a•'W s�a.� s� `�i _ ._ .., f ye. \ ' s Cameo +3 ask Q f m "f s T\., 4.) '_.a f:1,n $6,666 $8,536.61 1. Home Compost and Worm Bin Distribution with Education _ 2. Special Recycling Collection Events - $ 58,324 $ 14,449.12 $72,773.12 Residential 3. Recycling Container Distribution- $40,000 ($ 10,391.11) $29,608.89 Multi and Sin:le Famil 4. Commercial Education and Outreach $20,000 $818.38 $20,818.38 5. Public Place and Event Recycling $ 5,334 ($4,633.93) $700.07 Bins and Outreach 8 >.UM EL GIBLE S, / 5 130 .21.,. ... , , 1 X997 743' ,S 1 84 84 + + Page 1 of 2 RETURN TO CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / SW&R ORIGINATING STAFF PERSON: ROB VAN ORSOW 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 o HUMAN SERVICES / CDBG . ❑ REAL ESTATE DOCUMENT ❑ SEGURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL X OTHER GRANT AGREEMENT 5. PROJECT NAME: COORDINATED PREVENTION GRANT (WA STATE DOE) 6. 1vnME oF Corrr�,cTOR: WA State Dept. of Ecology, Waste 2 Resources Program ADnxxESS: 3190 160'�"AvE SE , BELLEVUE, WA98008 TELEPHONE: SIGNATURE 7. EXHIBTfS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES o COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE � ALL OTHER REFERENCED EXHIBITS � PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / TERM: COMMENCEMENT DATE: 1/1/1 EXT: EXT: 2770 3. DATE REQ. BY: COMPLETION DATE:6/30/13 TITLE: TOTAL COMPENSATION: $_STATE PAYS CITY (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 ❑ CTI'Y ❑ PURCHASING: PLEASE CHARGE TO: N/A 10. DOCUMENT / CONTRACT REVIEW � PROJECT MANAGER (( I )g,�UIVISION MANAGER i, I � �DEPUTY DIRECTOR �� I �DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE� ( I I � �LAW DEPT INITIAL / DATE REVIEWED INITIAL / DATE APPROVED v_ " ��►� i �, � -i'� � 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING � �,SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ��I" I�+ � LAW DEPT � 1 SIGNATORY (1�@I�6K DIRECTOR) I ' ASSIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL INITIAL / DATE SIGNED �/ '` � �� AG# � ' DATE SENT: � "' � �, � COUNCIL APPROVAL DATE: DATE REC' 1/9 COORDINATED PREVENTION GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF FEDERAL WAY Grant No.: G1200227 This is a binding ageement entered into by and between the state of Washington Department of Ecology, hereinafter referred to as ECOLOGY or DEPARTMENT, and the City of Federal Way, hereinafter referred to as the RECIPIENT, to carry out the activities described herein. JURISDICTION: MAILING ADDRESS: CITY, STATE, ZIP: RECIPIENT GRANT COORDINATOR: TELEPHONE: FAX: E-MAIL: City of Federal Way 33325 8�' Ave S Federal Way, WA 98003 Rob Van Orsow 253-835-2770 253-835-2709 Rob. V anOrsow@CityotFederalWay.com RECIPIENT BILLING/INVOICE COORDINATOR: Rob Van Orsow TELEPHONE: 253-835-2770 FAX: 253-835-2709 E-MAIL: Rob.VanOrsow@CityofFederalWay.com ECOLOGY GRANT OFFICER: TELEPHONE: FAX: E-MAIL: Diana Wadley 425-649-7056 425-649-7193 Diana. W adley@ecy.wa. gov FUNDING SOURCE MAXIMUM ELIGIBLE COST STATE GRANT SHARE LOCALSHARE STATE MAXIMUM GRANT PERCENT FEDERAL TAX IDENTIFICATION NO. Local Toxics Control Account $130,324 $97,743 $32,581 75 % 91-194621 EFFECTIVE DATE OF THE AGREEMENT 01-01-2012 EXPIRATION DATE OF THE AGREEMENT 06-30-2013 Grant No. G1200227 City of Federal Way Page 2 of 20 PART 1: SCOPE OF WORK FINAL 1'he 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. T'he 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. The RECIPIENT may negotiate changes to the work plan with the ECOLOGY grant officer. ECOLOGY shall document mutually agreed changes to the plan in writing. The RECIPIENT is permitted to submit a payment request and progress report to ECOLOGY at least semi-annually (instead of quarterly), but no more often than once per month. CATEGORY: Organics 1. TASK TITLE: Home Compost and Worm Bin Distribution with Education Mazimum Eligible Task Cost: $6,666 Task Description: The RECIPIENT will continue to use grant funding to subsidize wholesale purchase and distribution of residential on-site composting containers. The purchase will include two containers designed specifically for outdoor yard debris composting, one for indoor or outdoor worm composting, and a container designed to accumulate interior compostable materials for home composting. The mix of available containers may change based on wholesale pricing, alternatives, and availability. The RECIPIENT plans to continue using two local retailers to distribute these containers though the RECIPIENT will make it known to other similar retailers that they could participate, as well. (The current retailers are a hardware store and a nursery.) The RECIPIENT will also develop (or update as needed) and distribute educational materials to foster awareness about best practices for residential composting. The RECIPIENT will provide direct assistance to residents in setting up or troubleshooting their compost efforts. T'he RECIPIENT will survey purchasers to gather anecdotal data on this task's utility and potential ways to improve it. Task will include these components: promotion, printing, mailing services, postage, graphics, staf�or consultant time for organizing and performing outreach, and purchasing and distribution of kitchen scrap containers and compost bins. Revenue received from the sale of bins will be credited back to the grant. Goal Statement: Through this task, more residents will realize the benefits of on-site composting, such as reduction in transportation costs & emissions while providing useful soil Grant No. G 1200227 City of Federal Way Page 3 of 20 FINAL amendments. Providing timely up-to-date advice to practitioners will also increase their awareness and expertise. Outcome Statement: Over the 18-month grant period, the RECIPIENT expects sales of 400 units. The RECIPIENT estimates ongoing diversion of an estimated 400 cubic yards per year from this task. Work Plan, Deliverables and Activities Timeline: Quarter Activity Q1 Notify all retailers with potential to carry such products ofthis program and their potential to participate. Acquire and distribute containers as needed. Develop or continue promotion as needed. Q2 Acquire and distribute containers as needed (ongoing). Develop or continue promotion as needed (ongoing). Q3 Ongoing Q4 Ongoing QS Ongoing, survey purchasers of bin utility Q6 Ongoing Method of Evaluation: The RECIPIENT will track the number and type of containers distributed, number and type of educational materials distributed, and survey purchasers to determine utility and on-site use levels (anecdotal self-reported information). Tons of organics diverted will be estimated using an average of waste placed in such bin types multiplied by the number of bins sold. CATEGORY: Waste Reduction and Recycling 2. TASK TITLE: Recycling Collection Events - Residential Mazimum Eligible Task Cost: $58,324 Task Description: The RECIPEINT will offer residents the opportunity to self-haul unusual recyclable and reusable materials to a temporary drop site, open one day each spring and fall for six hours. There will be a total of three events during this grant cycle. Materials targeted for collection may include, but are not limited to: tires, motor oil, polystyrene, wire and string lights, rigid scrap plastic items, household goods, mattresses, electronics, clean lumber, bicycles, scrap metal, CFC appliances, and fluorescent lighting. Additional materials may be included as budget and markets allow. Grant No. G 1200227 City of Federal Way Page 4 of 20 FINAL Participants may pay some or all of the fees associated with handling, hauling or recycling various materials. The RECIPIENT will credit the grant for any revenue received from the collection of fees or commodity sales on items the grant is supporting. Note: costs for disposal of non-recyclable components are not grant-eligible unless they are a direct and unavoidable byproduct of a recycling activity (e.g. emptied jugs used for waste motor oil or antifreeze). Additionally, this grant does not cover those costs already covered under the E-Cycle Washington program. Furthermore, as ofJanuary 1, 2013, expenses covered under the implementation of the Mercury Containing Lights Law (Chapter 70.275 RCi�, will not be eligible for CPG reimbursement. Consult your grant of�'icer for more information. This task also includes development and distribution of promotional materials in a variety of formats to encourage participation. Goal Statement: The goal is to increase convenience and access to recycling items that are banned from disposal or not typically recycled at the curb via routine recycling collection services, in addition to decreasing the amount of materials disposed of at landfills or illegally dumped in environmentally-sensitive areas. Outcome Statement: The RECIPIENT plans to hold three total events, and anticipates 1,000 participants per event, and diversion of 60 tons of materials per event. Over the 18-month grant period estimated outcomes include: Organics diversion: 30 tons MRW diversion: 10 tons Recycling/Reuse: 140 tons Residential Contacts: 75,000 � Residential Participants: 3,000 Work Plan, Deliverables and Activities Timeline: Q1 Plan for event, solicit and obtain quotes from vendors, develop and distribute promotional materials, stage event Q2 Prepaze reporting Q3 Plan for event, solicit and obtain quotes from vendors, develop and distribute promotional materials, stage event Q4 Prepare reporting QS Same as Q1 Q6 Same as Q2 Method of Evaluation: The RECIPIENT will track the type and quantity of materials collected as recyclables, organics and moderate risk waste (as reported by haulers) and the number of participants. Grant No. G1200227 City of Federal Way Page 5 of 20 FINAL 3. TASK TITLE: Recycling Container Distribution — Multi and Single Family Mazimum Eligible Task Cost: 540,000 Task Description: The RECIPIENT will purchase and distribute containers and related materials appropriate to residential generator needs to facilitate recycling efforts. T'he City will promote the availability of larger curbside recycling containers to single family residents and in-home recycling collection containers for multifamily residents to assist in the collection and transporting of recyclable items to outdoor recycling containers. Specialized container lids, container locks, hardware and other equipment may also be procured to help reduce the potential contamination of collected recyclables. This task will include such components as promotion, printing, mailing services, postage, graphics, staff or consultant time for organizing and performing outreach and purchasing of recycling tote bags and curbside recycling carts. Single family customers requesting a lazger recycling eontainer will receive one within two weeks of request. Goal Statement: The goal is to increase recycling and decrease contamination at multi and single family sites. This will ultimately divert more materials from the landfill. Outcome Statement: Over the 18-month grant period, the RECIPIENT expects distribution of SOO larger recycling containers to single-family customers and to distribute 2,500 recycling tote bags to multi-family residents. The RECIPIENT expects to divert an additiona1600 tons of recyclables (about 400 tons annually). � Work Plan, Deliverables and Activities Timeline: Quarter Activity Q1 Ongoing outreach to residents and property managers. Promote availability of larger recycling containers through recycling options brochure and other means. Q2 Ongoing outreach to residents and property managers. Purchase recycling tote bags. Q3 Ongoing outreach to residents and property managers. Q4 Ongoing outreach to residents and property managers. Promote availability of larger recycling containers through recycling calendar and other means. QS Same as Q4 plus purchase tote bags if needed Q6 Same as Q3 Method of Evaluation: The RECIPIENT will be report the number of multi-family property managers contacted, the number of units requesting to participate in the program; the number of containers upgraded per customer data reports, and the number of recycling tote bags Grant No. G 1200227 City of Federal Way Page 6 of 20 FINAL distributed. The RECIPIENT will also estimate the number of additional tons recycled due to these efforts. 4. TASK TITLE: Commercial Education and Outreach Mazimum Eligible Task Cost: $ 20,000 Task Description: The RECIPIENT will work with businesses to reduce waste and increase recycling. Technical assistance will be offered to create more efficient waste management programs at businesses and institutions. Outreach will include promotion of this service, on-site consultations and training, and procurement and distribution of educational materials and interior recycling containers. Goal Statement: The goal is to increase the number of commercial entities participating in waste reduction and recycling actions, ultimately diverting more materials from the landfill. Outcome Statement: T'he RECIPIENT expects to mail at least one promotional postcard to all Federal Way businesses (about 1200 solid waste accounts), and follow up with approximately 50 site visits per year, including follow-up to ensure sustained implementation success and minimize contamination. Work Plan, Deliverables and Activities Timeline: Quarter Activity Q1 Develop detailed outreach plan with consultant. Promote availability of technical assistance. Q2 Continue to promote and provide assistance. Follow up with participants Q3 Ongoing Q4 Ongoing QS Ongoing Q6 Ongoing Method of Evaluation: The RECIPIENT will track the total number of business contacts made, total site visits, number of commercial participants and the outcomes of technical assistance. As much as possible the RECIPIENT will estimate the increase in recycling, the decrease in waste and the cost savings for each participant. 5. TASK TITLE: Public Place and Event Recycling Bins and Outreach Mazimum Eligible Task Cost: $5,334 Grant No. G1200227 City of Federal Way Page 7 of 20 FINAL Task Description: The RECIPIENT will extend its existing network of recycling stations installed in public areas including rights-of-way near bus stops and public parks. Additional recycling containers will be installed and serviced weekly in high-traffic public areas. In addition, specialized event recycling conta.iners will be acquired and loaned out for use at public events. Task components include staff time for researching, installing, maintaining, and servicing containers, purchase of recycling containers, as well as paint, decals, and other related start-up materials. Note: the RECIPIENT is expected to provide the liner bags for permanent bins at its own expense. After initial start-up, the RECIPIENT is also expected to maintain the bins at its own expense. Goal Statement: The goal is to increase recycling in public areas and the amount of recyclables diverted from landfills. Outcome Statement: Over the 18-month grant period, the RECIPIENT expects to divert an additional 15 tons of recyclables. Work Plan, Deliverables and Activities Timeline: Quarter Activity Q1 Purchase and install permanent right-of-way recycling containers. Purchase and promote loaner recycling containers for public community events. Q2 Ongoing. Q3 Ongoing. Q4 Ongoing. QS Ongoing. Q6 Ongoing. Method of Evaluation: The RECIPIENT will report the number of addirional recycling collection containers purchased and installed, anecdotal community usage of public area recycling containers, and the estimated tonnage of additional recyclable materials collected as a result of this task. Grant No. G1200227 City of Federal Way Page 8 of 20 PART 2: BUDGET PART 3: BUDGET CONDITIONS FINAL 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 the RECIPIENT may use as match. B. If parties are contributing to the local share of task costs (match) through interlocal-in kind contributions, the RECIPIENT shall negotiate a memoranda 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 the RECIPIENT' S gant file and submitted to ECOLOGY. Grant No. G 1200227 City of Federal Way Page 9 of 20 FINAL 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 grant application). D. The 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. The 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 the 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. The RECIPIENT must submit payment requests on approved State Invoice Voucher forms: A19- lA, B1B2, C1/C2. Until there is a change in agency policy, the recipient must submit an A-19 signed in blue ink by an authorized person. The B2 and C2 forms are acceptable in electronic format. The RECIPIENT must also include all backup documentation to support items listed on Form C1/C2. The budget is organized by task and therefore, the RECIPIENT shall itemize costs by task on Form C1/C2 and Form B1B2. Forms B1 and C1 are used only when interlocal costs are used towards the 25% 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 required by ECOLOGY' S Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication #91-18. 4. Payment to RECIPIENT will be issued through Washington State's Department of Enterprise Services (DES). DES maintains a central vendor file for Washington state agency use to process vendor payments. This allows vendors to receive payments from all participating state agencies. RECIPIENT must register as a state-wide vendor (SWV) by submitting a state-wide vendor registration form and an IRS W-9 form http•//www ofm.wa gov/isd/vendors/pavee re�istration.doc to DES. If you have questions about the vendor registration process you can contact DES at the Payee Help Desk at (360) 664-7779 or email to paveehelpdesk(a�ofm.wa.gov. B. REPORTING 1. The RECIPIENT shall submit a progress report with each payment request but no less often than quarterly unless otherwise approved by ECOLOGY. These reports sha11 include activities that Grant No. G 1200227 City of Federal Way Page 10 of 20 FINAL support incurred costs shown on the C 1 or C2 of the payment request, and must be submitted on- line through the Solid Waste Information Clearinghouse. 2. RECIPIENT's must submit a final report of task outcomes through the Solid Waste Information Clearinghouse. The final report must be submitted before ECOLOGY can process a final payment request. a. Final Performance Analysis (FPA) reports aze used for a11 Planning and Implementation tasks and special tasks in a solid waste enforcement grant (special tasks do not include regular solid waste enforcement work such as enforcing solid waste codes). b. For Sodid Waste Enforcement tasks, recipients must submit their final quarterly solid waste enforcement progress report. C. DOCUMENTATION 1. The RECIl'IENT shall submit supporting documents with each payment request. This includes cancelled checks, 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 C1/C2. Documentation shall be clear and legible and organized by task in the order in which it is itemized on Form C1/C2. 2. The RECIPIENT sha11 maintain grant related material and supporting documents including invoice vouchers sent to ECOLOGY in a common file. The Recipient shall keep all supporting documents for audit purposes for at least three years from the date the agreement is closed by ECOLOGY. 3. The RECIPIENT shall use the ECOLOGY provided Form E, or an equivalent time accounting document approved by ECOLOGY, to record staff hours being chazged to the grant. D. TRAINING The RECIPIENT agrees to participate in any ECOLOGY recommended trainings related to managing a CPG agreement. E. MINORITY AND WOMEN'S BUSINESS PARTICIPATION The 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 after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. Grant No. G 1200227 City of Federal Way Page 11 of 20 FINAL c) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit ma�cimum participation by qualified minority and women's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. fl The RECIPIENT should report payments made to qualified firms to ECOLOGY at the time of submitting each invoice. Please include the following information on ECOLOGY provided form (Form D). g) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. h) The total dollar amount paid to qualified firms under this invoice. F. PROCUREMENT AND CONTRACTS a) The RECIPIENT shall provide written certification that it will follow its standard procurement procedures and/or applicable state law in awazding contracts; RECIPIENTS with no formal procwement procedures must certify that they have complied with the "Standards for Competitive Solicitation," found in Part V of the Administrative Requirements for Recipients ofEcology Grants and Loans — Yellow Book, Ecolog,y Publication #91-18 (Revised September 2005). b) Upon issuance, the RECIPIENT shall submit a copy of all requests for qualificarions (RFQs), requests for proposals (RFPs), and bid documents relating to this grant agreement to ECOLOGY'S gant officer. c) Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy of the draft proposed contract to ECOLOGY'S grant officer for review. Following the contract execution, the RECIPIENT shall submit a copy of the final contract to ECOLOGY's assigned grant officer. d) Unless a specific purchase of equipment or real property is already written into the grant agreement, the 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. 1'he request sha11 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. G. USE OF EXISTING CONTRACTS The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if it used contracts entered into prior to the execution of the grant agreement for performance of grant-funded activities. The RECIPIENT shall submit a copy of the contract to its assigned ECOLOGY grant officer. The grant eligibility of products or services secured by the RECIPIENT under existing contracts used Grant No. G1200227 City of Federal Way Page 12 of 20 FINAL to perform the scope of work in this agreement must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement. H. PROPERTY AND EOUIPMENT 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 (VIl� when possible), and location. This information shall be submitted to ECOLOGY upon request until final disposition is made. The RECIPIENT shall investigate, document, and report to ECOLOGY any loss, theft or damage upon discovery of such conditions. The RECIPIENT will follow manufacturer recommended maintenance procedures to keep the property in good operating condition. The 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 sha11 be determined by ECOLOGY and documented in writing. A copy of the determination will be provided to the RECIPIENT upon ECOLOGY's closure of the gant 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 grant officer 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 grant officer 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 grant officer. o The grant officer may instruct the RECIPIENT to transfer title to ECOLOGY or to a third party named by ECOLOGY who is eligible under existing statutes. I. ALL WRITINGS CONTAINED HEREIN This agreement, including the "General Terms and Conditions," Program Guidelines — Coordinated Prevention Grants 2012-2013, and ECOLOGY' S Administrative Requirements for Recipients ofEcology 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 the RECIPIENT and ECOLOGY and made part of this agreement. J. ARCHEOLOGICAL AND CULTURAL RESOURCES The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to the archeological or cultural resources. RECIPIENT shall immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this agreement. In the event that historical or cultural artifacts are discovered at the project site, the RECIPIENT shall also notify the state historic preservation officer at the Department of Archaeology and Historic Preservation at (360) 586-3065. Applicability of the National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter Grant No. G 1200227 City of Federal Way Page 13 of 20 FINAL 27.53 RCW prior to conducting on-site activity with the potential to impact historic properties (such as invasive sampling, dredging, or cleanup actions). K. ENVIRONMENTALLY PREFERRABLE PURCHASING In a joint effort to save costs, produce energy savings and prevent waste, the RECIPIENT agrees to use both sides of paper sheets for copying and printing. The RECIPIENT also agrees to purchase paper products with a high level of post consumer recycled content whenever it is comparable in quality, availability and price PART 5: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology, SS-010 Rev. 04/04 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. COMI'LIANCE 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. Grant No. G 1200227 City of Federal Way Page 14 of 20 FINAL 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 a11 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 a11 applicable state industrial inswance 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.l, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All gant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records sha11 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 sha11 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 gant 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. Grant No. G1200227 City of Federal Way Page 15 of 20 I. PERFORMANCE REPORTING FINAL 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 sha11 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 sha11 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 sha11 be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION Method of compensation. Payment sha11 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. 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 sha11 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. Fina1 Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this ageement 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.6 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 granUloan shall be refunded to the DEPARTMENT by the RECIPIENT. Grant No. G1200227 City of Federal Way Page 16 of 20 FINAL 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 sha11 be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property . and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or a11ot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this ageement 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 O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. Grant No. G1200227 City of Federal Way Page 17 of 20 M. PROPERTY RIGHTS FINAL 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 �greement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and 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 beaz to the total acquisition, purchase or construction costs of such property. Grant No. G 1200227 City of Federal Way Page 18 of 20 N. SUSTAINABLE PRODUCTS FINAL 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 energ,y, and purchase and use of sustainably produced products (e.g. recycled paper). For more information, see www.ecy.wa.gov/sustainability. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the 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 sha11 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 Ue reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of a11 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 sha11 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 sha11 provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. Grant No. G1200227 City of Federal W ay Page 19 of 20 R CONFLICT OF INTEREST FINAL 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 sha11 be governed by the laws of the State of Washington. U. SEVER,ABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity sha11 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 sha11 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 Reyuirements for Recipients of Ecology Grants and Loans"; and (e) the General Terms and Conditions. Grant No. G1200227 City of Federal Way Page 20 of 20 FINAL IN WITNESS WHEREOF, the parties sign this Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY ����,�- ��� '��,�//' Laune G. Davies Date Program Manager Waste 2 Resources Program CITY OF FEDERAL WAY Auth ' e Official Date /�� !�� f/ �� I Cary M. Rce, . . � Director of Parks, Public Works and Emergency Management APPROVED AS TO FORM ONLY Assistant Attorney General