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AG 13-221RETURN TO: je-5 5I m' EXT: foci CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / 5W K 2. ORIGINATING STAFF PERSON: Rob VOA OV,600 EXT: 1-710 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 ❑ CONTRACTAMENDMENT(AG #): ❑ INTERLOCAL X OTHER Ctiran k 5. PROJECT NAME: C 6b rdi n aftZ Pre-my" on C'1f'an+ 6. NAME OF CONTRACTOR: SiaCtC CA WaAWna-ibn G aL 4 Men♦ Of C.010 ADDRESS: :91Lt,4* i�VP 5E Oe11C ue, Wiry cl Rowr TELEPHONE: E -MAIL: FAx: SIGNATURE NAME: TITLE: injr k My. 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. 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: In 13 I1 D � 9. TOTAL COMPENSATION: $ -IIIAl �g,,a S, (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: 10. DOCUMENT/ CONTRACT REVIEW ❑ PROJECT MANAGER X DIVISION MANAGER dC DEPUTY DIRECTOR W' DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE X LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED WWA I WA MA 4� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT SIGNATORY (MAYOR OR DIRECTOR i CITY CLERK ASSIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL INITIAL/ DATE SIGNED AG# DATE SENT: 11--7-1?) INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: 9 Is I Is DATEREC'D: it / --1 /'2> COMMENTS: n EXECUTE" " ORIGINALS Resol�hon 13-10-1-1 ailAched `Lw Roo Al be desiclAwiltd city a 11/9 RECEIVED OCT 18 2013 DEPARTMENT OF ECOLOGY DEPARTMENT OF ECOLOGY State of Washington COORDINATED PREVENTION GRANT (CPG) AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF FEDERAL WAY Grant No. G1400168 Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 2 of 22 This is a binding agreement entered into by and between the State of Washington Department of Ecology, hereinafter referred to as the "DEPARTMENT" or as "ECOLOGY ", and the City of Federal Way hereinafter referred to as the RECIPIENT, to carry out the activities described herein. JURISDICTION: MAILING ADDRESS: CITY, STATE, ZIP: City of Federal Way 33325 8`h Ave S Federal Way, WA, 98003 RECIPIENT GRANT COORDINATOR: Rob Van Orsow TELEPHONE: (253) 835 -2770 E -MAIL: rob.vanorsow @cityoffederalway.com RECIPIENT BILLINGIINVOICE COORDINATOR: Rob Van Orsow TELEPHONE: (253) 835 -2770 E -MAIL: rob.vanorsow @cityoffederalway.com ECOLOGY: TELEPHONE: E -MAIL: FUNDING SOURCE MAXIMUM ELIGIBLE COST STATE GRANT SHARE LOCALSHARE STATE MAXIMUM GRANT PERCENT FEDERAL TAX IDENTIFICATION NO. Diana Wadley 425- 649 -7056 Diana.wadley@ecy.wa.gov Local Toxics Control Account $ 213,717.33 $ 160,288 $ 53,429.33 75% 91- 194621 EFFECTIVE DATE OF THE AGREEMENT: 07 -01 -2013 EXPIRATION DATE OF THE AGREEMENT: 06 -30 -2015 Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 3 of 22 PART 1: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT'S activities to be performed under this agreement. Costs are limited to those approved by ECOLOGY as outlined in the current scope of work and budget. The RECIPIENT must complete all deliverables by the expiration date of this agreement, including delivery of purchases, unless otherwise stated in the scope of work or approved by ECOLOGY in writing. Note: The term "task" as used in this agreement is interchangeable with the term "project" as used on the online Solid Waste Information Clearinghouse and "element" as used on payment request forms. The "Maximum Eligible Cost" is the maximum amount of eligible costs incurred by a RECIPIENT that ECOLOGY can reimburse at a rate of 75 percent under this grant. RECIPIENT shall identify the work plan and activities by "Quarter." A quarter is defined by calendar year and begins with the first three months of the grant period. 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. Expenses relating to the collection and recycling of mercury containing lights shall be eligible for CPG reimbursement until such time that the Mercury Light Recycling program is fully implemented or the grant agreement expires, whichever is the earliest date. CATEGORY: Organics 1. TASK TITLE: Home Compost and Worm Bin Distribution with Education Task Coordinator — Jeanette Brizendine, 253- 835 -2771, Jeanette .Brizendine @cityoffederalway.com Maximum Eligible Task Cost: $ 8,000 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 include relevant information as part of monthly community workshops hosted by RECIPIENT. Each Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 4 of 22 year one or more of the workshops will feature composting prominently, though all workshops will have WRR education elements. The RECIPIENT will provide direct assistance to residents in setting up or troubleshooting their compost efforts. The 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, staff 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. Target Audience: Residents of Federal Way Goal Statement: The RECIPIENT intends to continually increase awareness about on- site composting methods and benefits for appropriate generators. On -site composting can reduce transportation costs & emissions, while providing useful soil amendments. Outcome Statement: The City expects sales of 300 units over the 24 month period. We estimate ongoing diversion of an estimated 150 cubic yards per year as a result of the new bins. Estimated outcomes produced with available budget: Organics Diversion: 8 tons Residential Contacts: 12,500 Residential Participants: 300 Business Contacts: 25 Business Participants: 3 Work Plan, Deliverables and Timeline: GRANT - YEAR f GRANT- YEAR 2 Jul- Sep I Jul- Sep 7- Purchase and distribute composting supplies, Purchase and distribute composting supplies, ensure that retailers have adequate stock, ensure that retailers have adequate stock, reconcile payments. reconcile payments. Oct- Dec Oct- Dec Purchase and distribute composting supplies, Purchase and distribute composting supplies, ensure that retailers have adequate stock, ensure that retailers have adequate stock, reconcile payments. Compile surveys. reconcile payments. Compile surveys. Jan -Mar Jan -Mar Purchase and distribute composting supplies, Purchase and distribute composting supplies, ensure that retailers have adequate stock, ensure that retailers have adequate stock, Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 5 of 22 reconcile payments. reconcile payments. Apr -Jun Apr -Jun Purchase and distribute composting supplies, Purchase and distribute composting supplies, ensure that retailers have adequate stock, ensure that retailers have adequate stock, reconcile payments. Compile surveys. reconcile payments. Compile surveys. Method of Evaluation: The RECIPIENT will track the number and type of containers distributed, number and type of educational materials distributed, and will do a survey of purchasers to determine utility and on -site use levels (anecdotal self - reported information). CATEGORY: Waste Reduction and Recycling 2. TASK TITLE: Recycling Collection Events - Residential Task Coordinator — Jeanette Brizendine, 253- 835 -2771, Jeanette .Brizendine @cityoffederalway.com Maximum Eligible Task Cost: $ 140,000 Task Description: The RECIPIENT 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 four 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. 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). This task also includes development and distribution of promotional materials in a variety of formats to encourage participation. Target Audience: Residents of Federal Way. Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 6 of 22 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 City plans to hold four total events, and anticipates 1,000 participants per event, and diversion of 60 tons of materials per event. Estimated outcomes produced with available budget: MRW Diversion: 40 tons Recycling/Reuse: 200 tons Organics Diversion: 40 tons Residential Contacts: 80,000 Residential Participants: 4,000 Work Plan, Deliverables and Timeline: GRANT- YEAR 1 GRANT- YEAR 2 Jul- Sep Jul- Sep Plan for event, solicit and obtain quotes from vendors, develop and distribute promotional materials, stage event. Plan for event, solicit and obtain quotes from vendors, develop and distribute promotional materials, stage event. Oct- Dec Oct- Dec Prepare reporting. Prepare reporting. Jan -Mar Jan -Mar Plan for event, solicit and obtain quotes from vendors, develop and distribute promotional materials. Plan for event, solicit and obtain quotes from vendors, develop and distribute promotional materials. Apr -Jun Apr -Jun Stage event and prepare reporting. Stage event and prepare reporting. Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 7 of 22 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. 3. TASK TITLE: Recycling Container Distribution Task Coordinator — Jeanette Brizendine, 253- 835 -2771, Jeanette .Brizendine @cityoffederalway.com Maximum Eligible Task Cost: $ 18,000 Task Description: The RECIPIENT will purchase and distribute containers and related materials appropriate to residential generator needs to facilitate recycling efforts. The 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. Single family customers requesting a larger recycling container will receive one within two weeks of request. Target Audience: Businesses and residents. Goal Statement: The goal is to increase recycling at multi and single family sites. This will ultimately divert more materials from landfill disposal. Estimated outcomes produced with available budget: Recycling/Reuse: 600 tons Residential Contacts: 18,000 Business Contacts: 1,000 Residential Participants: 5,000 Business Participants: 750 Other Outcomes: Over the two year grant period, the City expects distribution of 200 larger recycling containers to single - family customers and to distribute 4,000 recycling tote bags to multi - family residents. The City expects to divert an additional 300 tons of recyclables though this program annually. Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 8 of 22 Work Plan, Deliverables and Timeline: GRANT- YEAR f GRANT- YEAR 2 Jul- Sep Jul- Sep Ongoing outreach to residents and property Ongoing outreach to residents and property managers. Promote availability of larger managers. Promote availability of larger recycling containers through recycling recycling containers through recycling options options brochure and other means. brochure and other means. Purchase recycling tote bags. Oct- Dec Oct- Dec Ongoing outreach to residents and property Ongoing outreach to residents and property managers. Purchase recycling tote bags. managers. Purchase recycling tote bags. Jan -Mar Jan -Mar Ongoing outreach to residents and property Ongoing outreach to residents and property managers. Promote availability of larger managers. Promote availability of larger recycling containers through recycling recycling containers through recycling calendar calendar and other means. and other means. Apr -Jun Apr -Jun 7 Ongoing outreach to residents and property Ongoing outreach to residents and property managers. managers. Method of Evaluation: The RECIPIENT will be report the number of multi - family property managers contacted, the number of units participating, the number of containers upgraded per customer data reports, and the number of recycling tote bags distributed. The City will also estimate the number of additional tons recycled due to these efforts. 4. TASK TITLE: Commercial Education and Outreach Task Coordinator — Jeanette Brizendine, 253- 835 -2771, Jeanette .Brizendine @cityoffederalway.com Maximum Eligible Task Cost: $ 38,000 Task Description: The RECIPIENT will work with businesses to reduce waste, increase recycling, and reduce contamination. Technical assistance will be offered to create more efficient waste management programs at businesses and institutions. Outreach will include Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 9 of 22 promotion of this service, on -site consultations and training, and procurement and distribution of educational materials and interior recycling containers. Follow -up visits to ensure low contamination and encourage strong participation are also included. Target Audience: Businesses, schools and institutions. Goal Statement: The goal is to increase the number of commercial entities participating in waste reduction and recycling actions. Through this, environmental benefits will be achieved. Estimated outcomes produced with available budget: Recycling/Reuse: 50 tons Business Contacts: 1,500 Business Participants: 150 Other Outcomes: The City 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. Work Plan, Deliverables and Timeline: GRANT- YEAR 1 GRANT- YEAR 2 Jul- Sep Jul- Sep Develop detailed outreach plan with consultant. Promote availability of technical assistance. Plan for Waste Reduction/Recycling and Green team follow -up and refresher outreach with area schools. Oct- Dec Oct- Dec Continue to promote and provide assistance. Follow up with participants -7 Ongoing. Jan -Mar Jan -Mar Ongoing. Develop detailed outreach plan with consultant. Promote availability of technical assistance. Apr -Jun Apr -Jun Ongoing. Ongoing. Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 10 of 22 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. Contamination levels will also be watched. 5. TASK TITLE: Public Place and Event Recycling Bins and Outreach Task Coordinator — Jeanette Brizendine, 253- 835 -2771, Jeanette .Brizendine @cityoffederalway.com Maximum Eligible Task Cost: $ 9,717.33 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 containers 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. Target Audience: Residents. Goal Statement: The goal is to increase recycling in public areas and the amount of recyclables diverted from landfills. Estimated outcomes produced with available budget: Recycling/Reuse: 20 tons Work Plan, Deliverables and Timeline: GRANT - YEAR 1 GRANT- YEAR 2 Jul- Sep Jul- Sep T_ Purchase and install permanent right -of -way Ongoing. recycling containers. Purchase and promote loaner recycling containers for public community events. Washington State Department of Ecology Grant No. G 140016 8 City of Federal Way Page 11 of 22 Oct- Dec Ongoing. Oct- Dec Ongoing. Jan -Mar Ongoing. Jan -Mar Ongoing. Apr -Jun Ongoing. Apr -Jun Ongoing. Method of Evaluation: The RECIPIENT will report the number of additional recycling collection containers purchased and installed, anecdotal community usage of public area recycling containers, and the estimated tonnage of additional recyclable materials collected as result of this task PART 2: BUDGET Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 12 of 22 PART 3: 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 memorandum of understanding or other written agreement confirming the contribution between the parties. These agreements shall specify the exact work to be accomplished and be signed by all parties contributing to the local match of this task. Copies of these agreements shall be made part of the RECIPIENT'S grant file and submitted to ECOLOGY. C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent on tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are eligible (excluding time spent to write a CPG grant application). D. RECIPIENT must submit a written request to ECOLOGY to amend budgets between grant tasks, to modify a scope of work, or for a budget increase or decrease. To increase or decrease the agreement's total maximum eligible cost or change the scope of work for any tasks as outlined in this grant agreement, ECOLOGY requires a formal amendment. E. RECIPIENT must provide ECOLOGY with an updated Spending Plan when requested by ECOLOGY. F. Any work performed or costs incurred prior to the effective date or after the expiration date of this agreement will be at the sole expense of 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. RECIPIENT must submit payment requests on approved State Invoice Voucher forms: A194A, 131/132, C 1 /C2. Until there is a change in agency policy, the recipient must submit an A19-IA with an original signature in blue ink, signed by an authorized person. The B2 and C2 forms are acceptable in electronic format. The RECIPIENT must also include all backup documentation to support costs itemized on Form C1 /C2. The budget is organized by task and therefore, the RECIPIENT shall itemize costs by task on Form C 1 /C2 and Form B 1 /132. Forms B 1 and C 1 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 defined by ECOLOGY'S Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication #91 -18. Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 13 of 22 B. 4. RECIPIENT shall submit supporting documents with each payment request. This includes copies of invoices, purchase receipts, payroll records, time and attendance records, contract award documents, and any document deemed relevant by ECOLOGY to establish the approval of an expense listed on Form C1 /C2. Documentation shall be clear and legible and organized by task in the order in which it is itemized on Form C1 /C2. 5. RECIPIENT shall maintain grant related material and supporting documents including invoice vouchers sent to ECOLOGY in a common file. The RECIPIENT shall keep all supporting documents for audit purposes for at least three years from the date the agreement is closed by ECOLOGY. 1. Progress reports and Final Performance Analyses must be submitted through the web -based database, the Solid Waste Information Clearinghouse. The RECIPIENT must submit a progress report with each payment request. If a quarterly payment request is not submitted, the RECIPIENT is still required to submit a progress report for that quarter. These reports shall include information that supports incurred costs identified on the corresponding C1 or C2 of the payment request, and provide a brief update in support of the outcomes and or method of evaluation in the grant agreement. a) A Final Performance Analysis (FPA) report must be submitted for each task in a Planning and Implementation grant before ECOLOGY can process a final payment request. C. COMPENSATION Payment to RECIPIENT will be issued through 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. RECIPIENTS must register as a state -wide vendor (SWV) by submitting a state -wide vendor registration form and an IRS W -9 form http://www.ofin.wa.gov/isd/vendors/Payee�_registration.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 payeehelpdesk@ofm.wa.gov. D. TRAINING RECIPIENT is expected to participate in any ECOLOGY recommended trainings related to managing a CPG agreement when feasible unless exempted by ECOLOGY in writing. E. PROCUREMENT AND CONTRACTS 1. RECIPIENT must follow local procurement procedures or current state procurement procedures, whichever is stricter. A RECIPIENT with no formal procurement procedures must certify that they have complied with the "Standards for Competitive Solicitation" found in Part V of the Administrative Requirements for Recipients of Ecology Grants and Loans — Yellow Book, Ecology Publication #91 -18. 2. Upon issuance, the RECIPIENT may submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to this grant agreement to ECOLOGY'S grant officer to be placed in the file. Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 14 of 22 3. Prior to contract execution, the RECIPIENT may submit all draft documents and a copy of the draft proposed contract to ECOLOGY'S grant officer for review. The RECIPIENT assumes any risks associated with the failure to consult with the regional grant officer. Following the contract execution, the RECIPIENT shall submit a copy of the final contract to ECOLOGY's assigned grant officer to be placed in the file. 4. Unless a specific purchase of equipment or real property is already written into a task's scope of work, 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. The request must include the justification for the purchase of the property, the total cost, the intended use, and the anticipated useful life of the property. The request must be approved in writing by ECOLOGY prior to the purchase. F. USE OF EXISTING CONTRACTS RECIPIENT may use existing contracts that conform to local adopted procurement procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if intending to use contracts entered into prior to the execution of the grant agreement for performance of grant- funded activities. The RECIPIENT shall submit a copy of the contract to its assigned ECOLOGY grant officer to be placed in the file. The grant eligibility of products or services secured by the RECIPIENT under existing contracts used to perform the scope of work in this agreement must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement. G. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION For equipment or property purchased with a cost of at least $5,000 per unit or functional system, the RECIPIENT must utilize an inventory control system, including physical inventory to document the ongoing use, a description of the item (including serial or vehicle identification number (VIN when possible) and location. The information shall be submitted to ECOLOGY upon request until final disposition is made. 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. RECIPIENT shall submit a written request to ECOLOGY for any intent to change the use of the equipment as outlined in this grant agreement, including uses past the expiration date of this agreement. Disposition of the equipment shall be determined by ECOLOGY and documented in writing. A copy of the determination will be provided to the RECIPIENT upon ECOLOGY's closure of the grant agreement unless already identified in the task's scope of work. o If the equipment is necessary for the continued operation of the project or other projects administered through ECOLOGY, the 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. Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 15 of 22 H. ALL WRITINGS CONTAINED HEREIN This agreement, including the appended "General Terms and Conditions," current cycle Program Guidelines — Coordinated Prevention Grants found at https: / /fortress.wa. og v/ecy/ ublications /summmmages /1107008.html, and ECOLOGY'S Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication #91 -18, contain the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s) of this grant agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made part of this agreement. I. ARCHEOLOGICAL AND CULTURAL RESOURCES 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 27.53 RCW prior to conducting on -site activity with the potential to impact historic properties (such as invasive sampling, dredging, or cleanup actions). J. 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 when feasible. The RECIPIENT also agrees to purchase paper products with a high level of post consumer recycled content when they are comparable in quality, available, and cost effective. IN WITNESS WHEREOF, the parties sign this Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Laune G. Davies Date CITY OF FEDERAL WAY 3 4�f !��5 M ff*"- 110/1:;�f\3 Signatory Date Program Manager 4 J� Waste 2 Resources Program (�. O.� 1M �71►�� Printed IWme and Tit a of Signatory Q \(`ems/' a�- O.f�s, -PkA s dk APPROVED AS TO FORM ONLY Assistant Attorney General Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 16 of 22 APPENDIX A 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. COMPLIANCE WITH ALL LAWS 1. RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally- funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 17 of 22 3. Wages and Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. 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. RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A -133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A -133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 18 of 22 statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Recipients of Ecology Grants and Loans ", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty -five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10 %) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.5 herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 19 of 22 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 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 allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section 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. Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 20 of 22 M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200 -212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans ", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 21 of 22 N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more information, see www.ecy.wa.gov /sustainability. 1101111 RD161111i D1W&I a 6EV961 Dl�y R2 lisle I X41 I21-DIM 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' sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12 %) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of 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. hi 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 Washington State Department of Ecology Grant No. G1400168 City of Federal Way Page 22 of 22 shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he /she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans "; and (e) the General Terms and Conditions.