AG 18-069 RETURN TO: PW ADMIN EXT: 2700 ID#: Le s
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT/DIV: PUBLIC WORKS/SWR
ORIGINATING STAFF PERSON:ROB VAN ORSOW ExT:2770 3. DATE REQ.BY:
TYPE OF DOCUMENT(CHECK ONE):
o CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
O PUBLIC WORKS CONTRACT o SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/CDBG
o REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
o ORDINANCE 0 RESOLUTION
❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL
02/OTHER GRANT FUNDING CONTRACT
G. PROJECT NAME:2017-2019 LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT
i. NAME OF CONTRACTOR:WA DOE-DIANA WADLEY
ADDRESS:ECOLOGY NWRO,3190-160TH AVE SE,BELLEVUE,WA 98008 TELEPHONE:425.649.7056
E-MAIL:DWAD461 @ECY.WA.GOV FAx:
SIGNATURE NAME:N/A TITLE:
1. EXHIBITS AND ATTACHMENTS:o SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE o ALL OTHER
REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. / /
'. TERM: COMMENCEMENT DATE:07/01/2017 COMPLETION DATE:06/30/2019
i. TOTAL COMPENSATION:$ N/A WA-DOE PAYS CITY (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: o CONTRACTOR ❑CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
o PURCHASING: PLEASE CHARGE To:A/R REVENUE FROM WA-DOE ACCRUES TO 106-0000-000-334-03-010
I. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
T. TM•
DIVISION MANAGER
X DEPUTY DIRECTOR IZo1\$
'DIRECTOR
o RISK MANAGEMENT (IF APPLICABLE)
IX LAW DEPT 106
0. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
1. CONTRACT SIGNATURE ROUTING y�
o SENT TO VENDOR/CONTRACTOR DATE SENT: 4-1i-1 1LS DATE RECO: J I D L
o ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
o CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL/DATE SIGNED
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1CCEPTANCE AUTHORIZED VIA RESOLUTION 16-707-NOTE THAT THE GRANT PROGRAM NAME HAS CHANGED FROM"COORDINATED PREVENTION
;RANT"(CPG)TO"LOCAL SOLID WASTE FINANCIAL ASSISTANCE GRANT"(LSWFA)
;OPY OF AG 16-004 ATTACHED-SIMILAR CONTRACT FORMAT AND BOILERPLATE FROM THE PREVIOUS CPG AGREEMENT.
I
DEPARTMENT OF RECEIVED '
ECOLOGY MaY 0201
State of Washington Ecology W2R
Agreement No. W2RLSWFA-1719-FedWay-00097
WASTE 2 RESOURCES LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF FEDERAL WAY
This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,
hereinafter referred to as"ECOLOGY,"and CITY OF FEDERAL WAY,hereinafter referred to as the
"RECIPIENT,"to carry out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title: 2017-19 LSWFA City of Federal Way IMP
Total Cost: $120,000.00
Total Eligible Cost: $46,294.67
Ecology Share: $34,721.00
Recipient Share: $11,573.67
The Effective Date of this Agreement is: 07/01/2017
The Expiration Date of this Agreement is no later than: 06/30/2019
Project Type: Planning/Implementation
Project Short Description:
The City of Federal Way will spend$46,294.67 toward three Recycling Collection Events. An estimated 3,000
residents will participate,diverting approximately 218 tons of hard-to-recycle,hazardous,or woody items from
the landfill.
Project Long Description:
N/A
Overall Goal:
Provide regional solutions and intergovernmental cooperation;prevent or minimize environmental
contamination through planning and project implementation;and comply with state and local solid and
hazardous waste management plans and laws.
State of Washington Department of Ecology Page 2 of 18
Agreement No: W2RLSWFA-1719-FedWay-00097
Project Title: 2017-19 LSWFA City of Federal Way IMP
Recipient Name: CITY OF FEDERAL WAY
RECIPIENT INFORMATION
Organization Name: CITY OF FEDERAL WAY
Federal Tax ID: 91-1462550
DUNS Number: 612509901
Mailing Address: 33325 8th Ave South
Federal Way,WA 98003
Physical Address: 33325 8th Ave South
Federal Way,Washington 98003
Organization Fax: (253)835-2709
Contacts
Project Manager Jeanette Brizendine
Recycling Project Manager
33325 8th Ave S
Federal Way,Washington 98003
Email: recycle@cityoffederalway.com
Phone: (253)835-2771
Billing Contact Jeanette Brizendine
Recycling Project Manager
33325 8th Ave S
Federal Way,Washington 98003
Email: recycle@cityoffederalway.com
Phone: (253)835-2771
Authorized Marwan F Salloum
Signatory Public Works Director
33325 8th Ave South
Federal Way,Washington 98003-6325
Email: marwan.salloum@cityoffederalway.com
Phone: (253)835-2710
Version 10/30/2015
State of Washington Department of Ecology Page 3 of 18
Agreement No: W2RLSWFA-1719-FedWay-00097
Project Title: 2017-19 LSWFA City of Federal Way IMP
Recipient Name: CITY OF FEDERAL WAY
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Waste 2 Resources
PO BOX 47600
Olympia,WA 98504-7600
Physical Address: Waste 2 Resources
300 Desmond Drive SE
Lacey,WA 98503
Contacts
Diana Wadley
Project
Manager
3190- 160th Ave SE
Bellevue,Washington 98008-5452
Email: dwad461@ecy.wa.gov
Phone: (425)649-7056
Diana Wadley
Financial
Manager
3190- 160th Ave SE
Bellevue,Washington 98008-5452
Email: dwad461@ecy.wa.gov
Phone: (425)649-7056
Version 10/30/2015
State of Washington Department of Ecology Page 4 of 18
Agreement No: W2RLSWFA-1719-FedWay-00097
Project Title: 2017-19 LSWFA City of Federal Way IMP
Recipient Name: CITY OF FEDERAL WAY
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and
conditions of this Agreement,Scope of Work,attachments,and incorporated or referenced documents,as well as all
applicable laws,statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the
RECIPIENT has read,understood,and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties,and there are no other understandings or
representations other than as set forth,or incorporated by reference,herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing,signed
by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF:the parties hereto,having read this Agreement in its entirety,including all attachments,do
agree in each and every particular and have thus set their hands hereunto.
Washington State CITY OF EDERAL W•Y
Department of Ecology
i
By: GZ'Ctif�-� �`' Latico 5 allBy: \�►i� ZT IS
Laurie Davies Date Marwan F Sa sum Date
Waste 2 Resources Public Works Director
Program Manager
Template Approved to Form by
Attorney General's Office
Version 10/30/2015
State of Washington Department of Ecology Page 5 of 18
Agreement No: W2RLSWFA-1719-FedWay-00097
Project Title: 2017-19 LSWFA City of Federal Way IMP
Recipient Name: CITY OF FEDERAL WAY
SCOPE OF WORK
Task Number: 1 Task Cost: $46,294.67
Task Title: Recycling Operations
Task Description:
Activity-Collection Events
RECIPIENT will organize and manage three collection events(spring 2018,fall 2018,spring 2019).These
events will provide opportunities for residents to self-haul a wide variety of materials not normally collected for
recycling at residences.This may include but is not limited to:tires,polystyrene foam,wires and wired(string)
lighting,rigid scrap plastic,reusable household goods,mattresses,specific electronics(see exception below),clean
scrap wood,bulky brush and stumps,bicycles and parts,scrap metal and appliances,CFC-containing appliances,
secure document shredding,and batteries.
RECIPIENT-provided recycling collection events are staged in a large parking lot,using several specialized service
providers,non-profits,and community/volunteer groups,with a total of about 50 staff and volunteers at each event.
This task also includes development and distribution of promotional materials in a variety of formats to encourage
participation.
RECIPIENT should note the requirement for ECOLOGY review before printing promotional or other materials to be
paid for by monies under this Agreement,per number 18 in the General Terms and Conditions,below.
RECIPIENT will credit the grant for any revenue received from the collection of fees or commodity sales of items this
task is directly supporting.
RECIPIENT will report program progress and expenditures for those quarters when eligible costs related to these
events occur.
This task will not pay for costs covered by existing product stewardship programs(E-Cycle Washington,LightRecycle
Washington)or for any new product stewardship programs that are adopted during this Agreement period.
Task Goal Statement:
The goal of this task 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.
Task Expected Outcome:
RECIPIENT will track the type and quantity of materials collected as recyclables,organics and moderate risk waste,
and the number of participants at the event and number of contacts via advertising. As a result of the three collection
events,RECIPIENT anticipates diverting approximately 100 tons of recycled or reused material,30 tons of organics,
and 8 tons of moderate risk waste from approximately 3,000 residents participating from a pool of 75,000 contacts.
Version 10/30/2015
State of Washington Department of Ecology Page 6 of 18
Agreement No: W2RLSWFA-1719-FedWay-00097
Project Title: 2017-19 LSWFA City of Federal Way IMP
Recipient Name: CITY OF FEDERAL WAY
Recipient Task Coordinator: Jeanette Brizendine
Recycling Operations
Deliverables
Number Description Due Date
1.1 Work as defined in the Scope of Work for this Agreement is 06/30/2019
implemented.
Version 10/30/2015
•
State of Washington Department of Ecology Page 7 of 18
Agreement No: W2RLSWFA-1719-FedWay-00097
Project Title: 2017-19 LSWFA City of Federal Way IMP
Recipient Name: CITY OF FEDERAL WAY
BUDGET
Funding Distribution EG180368
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title: City of Federal Way IMP Funding Type: Grant
Funding Effective Date: 07/01/2017 Funding Expiration Date: 06/30/2019
Funding Source:
Title: State Building Construction Account(SBCA)
Type: State
Funding Source%: 100%
Description: Local Solid Waste Financial Assistance
Approved Indirect Costs Rate: Approved State Indirect Rate:25%
Recipient Match%: 25%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
City of Federal Way IMP Task Total
Recycling Operations $ 46,294.67
Total: $ 46,294.67
Version 10/30/2015
State of Washington Department of Ecology Page 8 of 18
Agreement No: W2RLSWFA-1719-FedWay-00097
Project Title: 2017-19 LSWFA City of Federal Way IMP
Recipient Name: CITY OF FEDERAL WAY
Funding Distribution Summary
Recipient/Ecology Share
Funding Distribution Name Recipient Match% Recipient Share Ecology Share Total
City of Federal Way IMP 25.00 % $ 11,573.67 $ 34,721.00 $ 46,294.67
Total $ 11,573.67 $ 34,721.00 $ 46,294.67
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award,the following terms and conditions apply to you.
A.CERTIFICATION REGARDING SUSPENSION.DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,
proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal
government,or from receiving contracts paid for with federal funds.If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification,they must provide an explanation as to why they
cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3. The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,
person,primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,
suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6. Pursuant to 2CFR1.80.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal
Version 10/30/2015
•
State of Washington Department of Ecology Page 9 of 18
Agreement No: W2RLSWFA-1719-FedWay-00097
Project Title: 2017-19 LSWFA City of Federal Way IMP
Recipient Name: CITY OF FEDERAL WAY
remedies,including suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or
contractors,are not suspended or debarred,and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment.RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov>and print a copy of completed searches to document proof of compliance.
B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
• Receives more than$25,000 in federal funds under this award.
• Receives more than 80 percent of its annual gross revenues from federal funds.
• Receives more than$25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.
Ecology is required to report the FFATA information for federally funded agreements,including the required
DUNS number,at www.fsrs.gov<http://www.fsrs.gov/>within 30 days of agreement signature.The FFATA
information will be available to the public at www.usaspending.gov<http://www.usaspending.gov/>.
For more details on FFATA requirements,see www.fsrs.gov<http://www.fsrs.gov/>.
Version 10/30/2015
State of Washington Department of Ecology Page 10 of 18
Agreement No: W2RLSWFA-1719-FedWay-00097
Project Title: 2017-19 LSWFA City of Federal Way IMP
Recipient Name: CITY OF FEDERAL WAY
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL
Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No
subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff
contacts and administrative information without the concurrence of either party.
3. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid,minimize,or mitigate adverse effects to archeological and historic
resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to
historical or cultural artifacts discovered,disturbed,or damaged due to the RECIPIENT's project funded under this
Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
• For capital construction projects or land acquisitions for capital construction projects,if required,comply with
Governor Executive Order 05-05,Archaeology and Cultural Resources.
• For projects with any federal involvement,if required,comply with the National Historic Preservation Act.
• Any cultural resources federal or state requirements must be completed prior to the start of any work on the project
site.
b) If required by the ECOLOGY Program,submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to
implementing any project that involves ground disturbing activities.ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff and contractors working at the project site.
• Implement the IDP when cultural resources or human remains are found at the project site.
c) If any archeological or historic resources are found while conducting work under this Agreement:
• Immediately stop work and notify the ECOLOGY Program,the Department of Archaeology and Historic
Preservation at(360)586-3064,any affected Tribe,and the local government.
d) If any human remains are found while conducting work under this Agreement:
Version 10/30/2015
State of Washington Department of Ecology Page 11 of 18
Agreement No: W2RLSWFA-1719-FedWay-00097
Project Title: 2017-19 LSWFA City of Federal Way IMP
Recipient Name: CITY OF FEDERAL WAY
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,and
then the ECOLOGY Program.
e) Comply with RCW 27.53,RCW 27.44.055,and RCW 68.50.645,and all other applicable local,state,and federal
lawsrotectin cultural resources and human remains.
p g
4. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
5. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,
ECOLOGY,all affected local,state,or federal jurisdictions,and any interested individuals or groups.
6. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee
Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form
at the website,http://www.des.wa.gov/services/ContractingPurchasingBusiness/VendorPay/Pages/default.aspx. For
any questions about the vendor registration process contact the Statewide Payee Help Desk at(360)407-8180 or email
payeehelpdesk@watech.wa.gov.
h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion
thereof,has been completed if,at ECOLOGY's sole discretion,such payment is reasonable and approved according to
this Agreement,as appropriate,or upon completion of an audit as specified herein.
j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial,
performance,and other reports required by this agreement.Failure to comply may result in delayed reimbursement.
7. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations,and permits
related to this Agreement,including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State
of Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against
discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project
timeline for the permit and approval processes.
Version 10/30/2015
State of Washington Department of Ecology Page 12 of 18
Agreement No: W2RLSWFA-1719-FedWay-00097
Project Title: 2017-19 LSWFA City of Federal Way IMP
Recipient Name: CITY OF FEDERAL WAY
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered
modified to conform to that statute or rule of law.
8. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or
responsibility in the review,approval,or carrying out of this Agreement,shall not have any personal or financial
interest,direct or indirect,nor affect the interest of any corporation,partnership,or association in which he/she is a part,
in this Agreement or the proceeds thereof.
9. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction,purchase of goods,equipment,services,and professional architectural and
engineering services through a competitive process,if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal,fair,and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
10. DISPUTES
When there is a dispute with regard to the extent and character of the work,or any other matter related to this
Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed,after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of
such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal.The decision of the Director or
duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in
addition to the dispute resolution procedure outlined above.
11. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses
environmental measurement data.RECIPIENTS unsure about whether a QAPP is required for their project shall contact
Version 10/30/2015
State of Washington Department of Ecology Page 13 of 18
Agreement No: W2RLSWFA-1719-FedWay-00097
Project Title: 2017-19 LSWFA City of Federal Way IMP
Recipient Name: CITY OF FEDERAL WAY
the ECOLOGY Program issuing the grant or loan.If a QAPP is required,the RECIPIENT shall:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance
(QA)officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July
2004(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system(EIM),unless the ECOLOGY Program instructs otherwise.The
RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM,find
instructions at:http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System(GIS)data is collected
and processed.Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,
when requested by ECOLOGY,shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,
raw data collection files,map products,and all metadata and project documentation.
12. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
13. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the
project described herein,except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission of that party or that party's agents or employees arising out of this Agreement.
14. INDEPENDENT STATUS
The employees,volunteers,or agents of each party who are engaged in the performance of this Agreement will continue
to be employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of
the other party.
15. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement
to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift
in return for award of a subcontract hereunder.
16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE)
RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and
women-owned(WBE)businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation;however,the RECIPIENT is encouraged
to take the following actions,when possible,in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum
participation by qualified minority and women's businesses.
c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified
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minority and women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE)(866-208-1064)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as
appropriate.
17. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved
by giving precedence in the following order: (a)applicable federal and state statutes and regulations;(b)The
Agreement;(c)Scope of Work;(d)Special Terms and Conditions;(e)Any provisions or terms incorporated herein by
reference,including the"Administrative Requirements for Recipients of Ecology Grants and Loans";and(f)the
General Terms and Conditions.
18. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the
fulfillment of this Agreement:
a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten(10)business days
prior to production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets,
videos,audio tapes,CDs,curriculum,posters,media announcements,or gadgets with a message,such as a refrigerator
magnet,and any online communications,such as web pages,blogs,and twitter campaigns.If it is not practical to
provide a copy,then the RECIPIENT shall provide a description(photographs,drawings,printouts,etc.)that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's
graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
19. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1
through September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after
the end of the quarter being reported.
e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been
approved by ECOLOGY,all financial,performance,and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
20. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive,and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to
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authorize others to use the same for federal,state,or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information;present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,
maps,or other data in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials.ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology
Grants and Loans,"shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project,it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENT'S possession,then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement. Such evidence may include title insurance policies,Torrens
certificates,or abstracts,and attorney's opinions establishing that the land is free from any impediment,lien,or claim
which would impair the uses intended by this Agreement.
g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any
equipment,property,or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale,lease,or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or construction costs of such
property.
21. RECORDS,AUDITS,AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative of the State of
Washington,for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state,federal or local representative for inspection at any time during the course of
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this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times,
in order to monitor and evaluate performance,compliance,and any other conditions under this Agreement.
22. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)
or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the
time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
23. 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.
24. STATE ENVIRONMENTAL POLICY ACT(SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State
Environmental Policy Act(Chapter 43.21 C RCW and Chapter 197-11 WAC)have been or will be met. Any
reimbursements are subject to this provision.
25. SUSPENSION
When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause,suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as:use of clean energy,use of double-sided printing,hosting low
impact meetings,and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services,EPEAT registered computers
and imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products
with reduced packaging,office products that are refillable,rechargeable,and recyclable,and 100%post-consumer
recycled paper.
For more suggestions visit ECOLOGY's web page: Green Purchasing,,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-asci stance/Sustainable-purchasing.
27. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the
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RECIPIENT,at the sole discretion of ECOLOGY,for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four(4)months after the effective date of this Agreement,or by any date
mutually agreed upon in writing for commencement of work,or the time period defined within the Scope of Work.
Non-Performance.The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the
opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any
further funds,terminate in whole or in part this Agreement,and exercise any other rights under this Agreement.
Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from
the RECIPIENT is determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement,in whole or in part,for any reason when it is the best
interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted
below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds.ECOLOGY's ability to make payments is contingent on availability of funding. In the event
funding from state,federal or other sources is withdrawn,reduced,or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate
the Agreement,in whole or part,or renegotiate the Agreement,subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions,although
ECOLOGY will make a reasonable attempt to provide notice.
In the event of termination or suspension,ECOLOGY will reimburse eligible costs incurred by the recipient/contractor
through the effective date of termination or suspension.Reimbursed costs must be agreed to by ECOLOGY and the
recipient/contractor.In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the
agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part,at any time,by mutual written
agreement.
d) In Event of Termination
All finished or unfinished documents,data studies,surveys,drawings,maps,models,photographs,reports or other
materials prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
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completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds,identified herein.
28. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
29. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
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