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AG 12-089�TUx To: �'1c�.�� � � � ExT: 2�� _ CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM � 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / ��'�-� � - �' I�`� :�: ' � ExT: � 5� 3. DaTE REQ. BY: 2. ORIGINATING STAFF PERSON: �/1 I� � I ��''� �. P 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 O HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT(�#�: �NTERLOCAL 1� � OTHER_�O�rn l�G.. 2� -ir � r," � . ���v�.,� " , ^ � ��1 - 11,. (1 w,m/� . 5. PROJECT NAME: � I 2- 6. S��VI i 7. EXHIBITS AND ATTACHMENTS:� SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIItEMENTS/CER'TIFICATE ❑ ALL OTHER REFERENCED EXHIBTfS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUII2ED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL , EXP. 12/31/ UBI # , E�'• � � ( °�30� 2��� S. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION: $��(� L� (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 ❑ C1TY ❑ PURCHASING: PLEASE CHARGE TO: N��' 10.� OCUMENT / CONTRACT REVI�W � ❑ PROJECT MANAGER NISION MANAGER ���� �EPUTY DIRECTOR lyP)IRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE� �d LAw DEpr il . �OU1riCIL APPROVAL (IF APPLICABLE� INTTIAL / DATE REVIEWED S �� � �� �t ��Z ��71 COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: �� J� 7_ ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBTfS ❑ LAw DEpr �/� ❑ SIGNATORY (MAYOR OR DIRECTOR) � CrrYCLEiuc o��� ASSIGNED AG #� �� � y SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL INITIAL / DATE SIGNED /L``r; � r / � �iy �• � � INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: �� � � � � � � COMMENTS: ^ ����� �cu� «3 �, o�u�nv�..s ���, v --`o,.r� � • 1/9 ......_.. - DEPARTII/IENT �JF State of Washington FY2012 MUNICIPAL STORMWATER GRANTS OF REGIONAL OR STATEWIDE SIGNIFICANCE PROGRAM FUNDING AGREEMENT BETWEEN THE STATE OF WASffiNGTON DEPARTMENT OF ECOLOGY AND CITY OF FEDERAL WAY GRANT AGREEMENT NUMBER G1200461 STORMING THE SOUND WITH SALMON TABLE OF CONTENTS PART I. GENERAL INFORMATION .......................................................................................... 1 PARTII. PROJECT SUMMARY .................................................................................................. 3 PART III. PROJECT BUDGET ..................................................................................................... 4 PART IV. PROJECT GOALS AND OUTCOMES ....................................................................... 4 PARTV. SCOPE OF WORK ......................................................................................................... 5 PART V(A). SPECIAL TERMS AND CONDITIONS .................................................................. 7 PART VL ALL WRITINGS CONTAINED HEREIN ................................................................... 8 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE FY 2012 MUNICIPAL STORMWATER GRANTS OF REGIONAL OR STATEWIDE SIGNIFICANCE............................................................................................................................. 9 EDUCATION OUTREACH ...................................................................................................................................... 9 FUNDING RECOGNITION ............................................................................................................................................. 9 INCREASED OVERSIGHT .............................................................................................................................................. 9 INDIRECT ........................................................................................................................................................... 9 MINORITY AND WOMEN'S BUSINESS PARTICIPATION ................................................................................................lO PAYMENT REQUEST SUBMITTALS ..............................................................................................................................lO POST PROJECT ASSESSMENT ...................................................................................................................................... PROCUREMENT .......................................................................................................................................................... 1 1 PROGRESS REPORTS .................................................................................................................................................. l 1 REQUIRED DOCUMENT SUBMITTALS .........................................................................................................................12 ATTACHMENT II: GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY ................................. 13 A. RECIPIENT PERFORMANCE ...........................................................................................................................13 B. SUBGRANTEE/CONTRACTORCOMPLIANCE .............................................................................................13 C. THIRD PARTY BENEFICIARY .........................................................................................................................13 D. CONTRACTING FOR SERVICES (BIDDING) .................................................................................................13 E. ASSIGNMENTS ..................................................................................................................................................13 F. COMPLIANCE WITH ALL LAWS .....................................................................................................................13 G. KICKBACKS .......................................................................................................................................................14 H. AUDITS AND INSPECTIONS ...........................................................................................................................14 I. PERFORMANCE REPORTING ...........................................................................................................................14 J. COMPENSATION ................................................................................................................................................15 K. TERMINATION ..................................................................................................................................................16 L. WAIVER ..............................................................................................................................................................16 M. PROPERTY RIGHTS ..........................................................................................................................................16 N. SUSTAINABLE PRODUCTS .............................................................................................................................17 O. RECOVERY OF PAYMENTS TO RECIPIENT .................................................................................................18 P. PROJECTAPPROVAL ........................................................................................................................................18 Q. DISPUTES ...........................................................................................................................................................18 R. CONFLICT OF INTEREST .................................................................................................................................19 S. INDEMNIFICATION ...........................................................................................................................................19 T. GOVERNING LAW .............................................................................................................................................19 U. SEVERABILITY .................................................................................................................................................19 V. PRECEDENCE ....................................................................................................................................................19 11 FY2012 MiJNICIPAL STORMWATER GRANTS OF REGIONAL OR STATEWIDE SIGNIFICANCE Funding Agreement Between THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF FEDERAL WAY THIS is a binding agreement between the state of Washington Department of Ecology (DEPARTMENT) and City of Federal Way (RECIPIENT). The purpose of this agreement is to provide funds to the I�ECIPIENT, who will carry out the requirements described in this agreement. . PART I. GENERAL INFORMATION Project Title: Crrant Number: State Fiscal Year: Total Project Cost: Tota1 Eligible Cost: DEPARTMENT Share: RECIl'IENT Share: DEPARTMENT Maximum Percentage: Storming the Sound with Salmon G1200461 FY 2012 $73,061 $73,061 $73,061 $0 100 % RECIPIENT Information RECIPIENT Name: City of Federal Way Mailing Address: Federal Taxpayer ID Number: 33325 8th Avenue South Federal Way, WA 98063 91- 6001025 PROJECT Manager: Email Address: Phone Number: PROJECT Financial Officer: Email Address: Phone Number: William Appleton William.appleton@cityoffederalway.com Office Phone: 253 835-2750 Mobile Phone: 253 261-3590 William Appleton William.appleton@cityoffederalway.com Office Phone: 253 835-2750 Mobile Phone: 253 261-3590 1 DEPARTMENT Contact Information Project Manager: Email Address: Phone Number: Jocelyn Jones jocelyn jones@ecy.wa.gov 360-407-7529 Address: � Northwest WA State Department of Ecology Northwest Regional Office 3190 160�' Ave SE Bellevue, WA 98008-5452 Fax (425) 649-7098 ❑ Central WA State Department of Ecology Central Regional Office 15 West Yakima Ave, Suite 200 Yakima, WA 98902-3452 F� (509) 575-2809 ❑ Southwest WA State Depaztment of Ecology Southwest Regional Office P.O. Box 47775 Olympia, WA 98504-7775 Fa.x (360) 407-6305 ❑ Bellingham WA State Department of Ecology Bellingham Field Office 1440 i Oth Street, Suite 102 Bellingham, WA 98225 Fax (360) 715-5225 Financial Manager: Email Address: Phone Number: Fax Number: ❑ Eastern WA State Department of Ecology Eastern Regional Office N. 4601 Monroe Spokane, WA 99205-1295 Fax (509) 329-3570 � Headquarters WA State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Fax (360) 407-6426 Tracy Farrell tracy.farrell@ecy.wa.gov (360) 407-7039 (360) 407-7151 Address: WA State Department of Ecology Water Quality Program, FMS P.O. Box 47600 Olympia, WA 98504-7600 2 CHECK ALL THAT APPLY: • FY 2012 Municipal Stormwater Grants of Regional or Statewide Significance Sta.te funds: � Yes Amount: • Prior Authorfzation Crranted: � Yes If yes, Effective Date: February 22, 2012 � • Increased Oversight? � Yes ❑ No The effective date of this agreement is the Prior Authorization date. This agreement expires June 30, 2013. Post Project Assessment date — three years after the expiration date of the agreement (see Post Project Assessment in Attachment I): June 30, 2016. PART II. PROJECT SUMMARY This project will address water quality for the state of Washington. The RECIPIENT will integrate stormwater education into the public schools for use throughout the region. The science curriculum used in public schools addresses a wide variety of environmental issues; however, the growing recognition that stormwater plays a critical role in the health and recovery of Puget Sound necessitates that this topic be discussed more directly in the classroom. The program, "Storming the Sound with Salmon" will provide local agencies the opportunity to expand their stormwater education and outreach programs into the public schools within their jurisdictions, create a long term working relationship, and create opportunities for public involvement activities. Specifically, the program will combine stormwater education with the "salmon in the classroom" concept to create an engaging and highly visible stormwater education program that aligns with and is easily integrated into the school's current and upcoming science curriculum. An educational display, classroom curriculum and assessment materials will be developed as the vehicles for integrating stormwater issues and impacts into the student's environmental education. The program will be designed to align with science learning standards across the region's various school districts, and will be sustainable and expandable into the future. The RECIPIENT will coordinate with the Federal Way Public Schools, Washington Department of Fish and Wildlife, and the Salmon Education Alliance to develop, implement within the Federal Way School District, and package this program for use throughout the region. 3 PART III. PROJECT BUDGET STORMING THE SOUND WITH SALMON TASKS/OBJECTS TOTAL **TOTAL PROJECT ELIGIBLE COST COST TEC 1 - Project Administration/Management $1,686 $1,686 2 - Educational Display Development $5,089 $5,089 . 3- Development of curriculum and assessment material $18,402 $18,402 4- Agency coordination of Salmon rearing and release $6,555 $6,555 5- Program rollout and evaluation $ 41,329 $41,329 - Totai $73,061 $73,061 ** The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost. MATCHING REQUIREMENTS � DEPARTMENT Share: maximum 100 % of TEC . $73,061 PART IV. PROJECT GOALS AND OUTCOMES A. Financial Assistance Water Qualitv Project Goals: One or more of the following goals apply to this project: � Assists a number of permittees in a region or statewide to implement permit requirements. : � Develops a product that is transferable regionally or statewide. � Purchases equipment andlor personal services contracts that support activities for multiple permittees. � Advances regional and statewide access to stormwater management technology or resources. B. Water Qualitv and Environmental Outcomes: The following are the anticipated water quality and environmental improvements from the project. 4 1. Develops a stormwater education lesson(s) plan, aligned with Washington State learning standards, that can be easily integrated into the selected grade level science curriculums at public schools throughout the Puget Sound region. The intent of this outcome is to increase student awareness of the sources of stormwater pollution and therby help to reduce pollutant loads to the MS4. 2. Annual Assessment of student's general awareness of stormwater pollution issues, the results of which will be provided by participating jurisdiction through their National Pollution Discharge Elimination System (NPDES) Permit annual reporting. 3. Regional reduction in polluntant loading to the MS4 due to education and outreach. C. Performance Items and Deliverables: The following are the anticipated action items that will play an integral role in implementation of the project. � 1. Cost and acquisition for the following •equipment: 2. • Salmon rearing equipment. 3. • Tri-fold or display equivalant. 4. • Display cabinet/stand 5. Reproducible/electronic copies of the following education and outreach materials: 6. • Digital display handouts 7. • Digital display posters/decorations 8. • Digital information for display on the tri-fold 9. Stormwater curriculum package for use in the classroom. 10. Stormwater curriculum assessment package for use in the classroom. 1 l. Video presentation(s) on the display setup and operation. 12. Program agreements PART Y3. SCOPE OF WORK Task 1- Proiect Administration/Mana�ement A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. B. T'he RECIPIENT must manage the project. Efforts will include: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; the DEPARTNIENT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT must carry out this project in accordance with any completion dates outlined in this agreement. 5 C. The RECIPIENT must ensure this project is completed according to the details of this agreement. T'he RECIPIENT may elect to use its own forces or it may contract for professional services necessary to perform and complete project-related work. Required Performance: 1. Effective administration and management of this grant project. 2. Timely submittal of all required performance items, progress reports, and financial vouchers. 3. Submit at least three hard copies and one electronic copy of the final project report after a draft has been approved by the DEPARTMENT. 4. Write and submit a one to two page summary of project accomplishtnents and outcomes at project completion, including pictures, to be published in the DEPARTMENT's Annual Water Quality Financial Assistance Report following the DEPARMENT's water quality stories format. Task 2— Educational Displav Develoament A. Develop a stormwater/salmon rearing display. The display will be designed to communicate the role that stormwater pollution has in the environment and the associated effect that is has on streams, lakes, and wetlands ecosystems. Display materials will align with the curriculum developed in Task 3. Required Performance: 1. Components will include but not be limited to: 2. • Salmon rearing tank and associated equipment. 3. • Tri-fold display(s) and lighting or equivalent display system. 4. • Informative materials and handouts. 5. • Display stand and tables (Displays will be located to maximize exposure to both students and visitors.) Task 3— Development of curriculum and assessment material A. The RECIPIENT will collaborate with the Federal Way Public Schools to develop a stormwater educational curriculum that is aligned with and easily integrated into the school districts science curriculum. The RECIPIENTwill filter existing stormwater educational materials and then collaborate with school district personnel to develop the most appropriate materials to be employed in the classroom. B. The RECIPIENT will collaborate with the Federal Way Public Schools to develop assessment materials to evaluate student learning/understanding of stormwater related issues. This component will provide the public education and outreach metrics needed to meet NPDES Permit requirements. Required Performance: 0 1. Develop stormwater educational curriculum package developed specifically for use in the public schools throughout the region that builds awareness of the effects of stormwater pollution, the role of stormwater in the environment and stewardship activities that can reduce the effect of stormwater pollution. 2. Develop assessment materials to evaluate student learning/understanding of stormwater related issues. Material will be adaptable to different school districts if needed. Task 4— Agencv coordination of Salmon rearinS and release A. The RECIPIENT will identify and coordinate with the necessary state agencies and organizations needed to support the salmon rearing and release components of the program. Establish procedure for supplying salmon eggs to the program as well as approval for release of the juvenile fish into the appropriate water bodies. Identify jurisdictional and public school program obligations and develop the appropriate agreements to capture these commitments. Required Performance: 1. Develop clear procedure for supplying salmon eggs to the program as well as approval for release of the juvenile fish into the appropriate water bodies. 2. Develop appropriate agreements to capture agency commitments to program. Task 5— Program rollout and evaluation A. The RECIPIENT will roll out a test program within the Federal Way Public Schools to assess the program and make improvements/modifications. Required Performance: 1. Train program teachers. 2. Install eleven display systems in Federal Way School District. 3. Implement stormwater curriculum and assessment material. 4. Create and maintain of Facebook account in support of the program. 5. Evaluate and refine the program as needed. 6. Finalize program deliverables (Curriculum, assessment material, display information/handouts, agreements, instructional videos, etc.). PART V(a). SPECIAL TERMS AND CONDITIONS A. Failure to Commence Work In the event the RECIPIENT fails to commence work on the project within four months of the signatory date, the DEPARTMENT reserves the right to terminate this agreement. B. Use of Evaluations and Surve ��s. The RECIPIENT will offer the DEPARTMENT a two week review approval period for all printed and electronic materials, including but not 7 limited to brochures, web pages, evaluations, and applications before printing or using electronically. C. The RECIPIENT will use all evaluations and surveys must be used to direct education . and outreach resources most effectively, as well as to evaluate changes in knowledge and adoption of the targeted behaviors. FART VI. ALL WRITINGS CONTAINED HEREIN The following contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein: • This agreement. • Attachment I: General Project Management Requirements. • Attachment II: General Terms and Conditions. • The effective edition, at the signing of this agreement, of the DEPARTMENT's "Administrative Requirements for Ecology Grants and Loans". • The associated funding guidelines that correspond to the fiscal year in which the project is funded. • The applicable statutes and regulations. No subsequent modifications or amendments of this agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the terms of this agreement, the attachments, all incorporated or referenced documents, as well as all applicable statutes, rules, and guidelines mentioned in this agreement. IN WITNESS WHEREOF, the parties hereby sign this agreement: STATE OF WASHINGTON CITY OF FEDERAL WAY DEPARTMENT OF ECOLOGY / .�1� r��- LLY EWIND, .., P.G. D E SKIP P ST DATE WATER QUALITY P GRAM MANAGER MAYOR 8 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE FY 2012 MUNICIPAL STORMWATER GRANTS OF REGIONAL OR STATEWIDE SIGNIFICANCE EDUCATION AND OUTREACH Before producing any new materials for the purpose of education and outreach the RECIPIENT must make sure similaz materials do not already exist elsewhere. If similar materials exist, the RECIFIENT must request the use of the materials before time and resources are invested to duplicate materials that are already available. The RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy on CD-ROM of any tangible educational products developed under this grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements or gadgets, such as a refrigerator magnet with a message. If this is not practical, the RECIPIENT must provide a complete description including photographs or printouts of the product. The RECIPIENT must also suppl.y the DEPARTMENT with the names and contact information of local project leads. If there are a significant number of people in the community that speak languages other than English, the RECIPIENT must produce all pamphlets, fliers, meeting notices, reports, and other educational and public outreach materials in English and in the other prevalent language. M a�� � i� � s�� ��1 ��� The RECIPIENT must inform the public about DEPARTMENT or the Environmental Protection Agency (EPA) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from the DEPARTMENT upon request. INCREASED OVERSIGHT If this project is selected for increased oversight (as indicated on page 3 of this agreement), the RECIPIENT must submit all backup documentation with each payment request submittal. �n addition, the DEPARTMENT's Project Manager must establish a schedule for additional site visits to provide technical assistance to the RECIPIENT and verify progress or payment information. INDIRECT RATE To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent based on employees' direct salary and benefit costs incurred while conducting project-related work. The DEPARTMENT's Financial Manager may require a list of items included in the indirect rate at any time. 0 MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WB� participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c) Divide the total reguirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. . d) Establish delivery schedules, where work requirements 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. The RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. Please include the following information: a) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. b) The total dollar amount paid to qualified firms under this invoice. PAYMENT REQUEST SUBMITTALS FrequencX. The RECIPIENT must submit payment requests at least quarterly but no more often than monthly, unless allowed by the DEPARTMENT's Financial Manager. T'he DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Supporting Documentation. The RECIPIENT must submit all payment request vouchers and supportive documentation to the DEPARTMENT's Financial Manager. Payment request voucher submittals are based on match requirements found in the budget. Required Forms. Anv Match Combination Cash Onlp Match Where Applicable 10 Form A19-lA (original signature) Form A19-lA (original signature) Form E(ECY 060-12) Form B1 (ECY 060-3) Form B2 (ECY 060-7) Form F(ECY 060-13) Form Cl (ECY 060-8) Form C2 (ECY 060-9) Form H(F-21) Form D(ECY 060-11) Form D(ECY 060-11) Form I(ECY 060-15) Reporting eligible costs. The RECIPIENT must report all eligible costs incurred on the project, regardless of the source of funding for those costs. This includes costs used as match. All eligible and ineligible project costs must be separate and identifiable. Reimbursements. Payments will be made on a cost-reimbursable basis. POST PROJECT ASSESSMENT The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project three years after project completion. The DEPARTMENT's Water Quality Program Performance Measures Lead will contact the RECIPIENT before the Post Project Assessment date to request this data. The DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, as part of this assessment. M4; � � �: ��i�.M� The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. PROGRESS REPORTS The RECIPIENT must submit quarterly progress reports to the DEPARTMENT's Financial Manger and Project Manager. Payment requests will not be processed without a progress report. Reportin� Periods. • January 1 through March 31 • April 1 through June 30 • July 1 through September 30 • October 1 through December 31 Reportin� Due Date. Quarterly progress reports are due 15 days following the end of the quarter. Report Content. At a minimum, all progress reports must contain a comparison of actual accomplishments to the objectives established for the period, the reasons for delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified in this agreement. 11 REQUIItED DOCUMENT SUBMITTALS The RECIPIENT must submit the following documents to the DEPARTMENT as requested by the DEPARTMENT's Project Manager or Financial Manager: • Draft project completion reports — up to three copies • Electronic copy of final project completion report — one copy • Fina1 project completion reports — up to eight copies • Final project completion reports of statewide significance — up to 50 copies • Educational products developed under this agreement — up to two copies • Documents that require DEPARTMENT Approval — two copies (one for the DEPARTMENT and one for the RECIPIENT) • Interlocal agreements — one copy for the DEPARTIVIENT's Financial Manager • Professional services procurement agreements —1 copy to the DEPARTMENT's Financial Manager 12 ATTACHMENT II: GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that a11 subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall coinply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT sha11 secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT sha11 report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. T'he RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the state of Washington which affect wages and j ob safety. 13 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. 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 tlie 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 �NSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records sha11 clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the state of Washington for a period of at least three years after the final grant paymendloan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT sha11 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, Loca1 Governments & Non Profit Organizations), including the compliance Supplement to OlVIB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. T'he $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 90 days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT sha11 submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports sha11 cover the periods January 1 through March 31, 14 April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within 30 days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments sha11 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 a11 allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to fmal audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan sha11 be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. 15 K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds there under and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT sha11 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 lime 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 yeaz. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in pazagraph K.1 above. Wlien this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section 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 agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIl'IENT may copyright or patent the same but the f C� 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 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 B-4 DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen ar damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: 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 purs�ant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include 17 use of clean energy, and purchase and use of sustainably produced products (e.g., recycled paper). For more information, see http://www.ec�gov/sustainabilit�. O. REC4VERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payrnents 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 per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of 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 shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done sha11 govern. The RECIPIENT sha11 have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be fmal 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 Boazd 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. 18 R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, sha11 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 proceedsthereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V.PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS-010 Rev. 04/04 19