Department of Ecology Coordinated Prevention Grant Agreement for 2010-11Grant No. G1000397
City of Edmonds
COORDINATED PREVENTION GRANT AGREEMENT
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF EDMONDS
Coordinated Prevention Grant Agreement -Grant No.: G1000397.
This is a binding agreement entered into by and between the state of Washington Department of
Ecology, hereinafter referred to as ECOLOGY or DEPARTMENT, and the City of Edmonds,
hereinafter referred to as the RECIPIENT, to carry out the activities described herein.
JURISDICTION:
City of Edmonds
MAILING ADDRESS:
121 Fifth Avenue N
CITY, STATE, ZIP:
Edmonds, WA 98020
RECIPIENT GRANT COORDINATOR:
Steve Fisher
TELEPHONE:
425-771-0235
FAX:
425-744-6057
E-MAIL,:
recycleguy@ci.edmonds.wa.us
RECIPIENT BILLING/INVOICE COORDINATOR:
Lori Cress
TELEPHONE:
425-771-0240
FAX:
425-771-0265
E-MAIL:
cress@ci.edmonds.wa.us
ECOLOGY GRANT OFFICER:
Taisa Welhasch
TELEPHONE:
425-649-7266
FAX:
425-649-7259
E-MAIL:
taisa.welhasch@ecy.wa.gov
FUNDING SOURCE
State Building Construction Account
MAXIMUM ELIGIBLE COST
$28,216
STATE GRANT SHARE
$21,162
LOCAL SHARE
$7,054
STATE MAXIMUM GRANT PERCENT
75
FEDERAL TAX IDENTIFICATION NO.
9.1-6001244
EFFECTIVE DATE OF THE AGREEMENT
January1, 2010
EXPIRATION DATE OF THE AGREEMENT
December 31, 2011
1
e
Grant No. G1000397
City of Edmonds
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. Deliverables must be completed by the expiration date of this agreement, including
delivery of.purchases, unless otherwise stated in this agreement 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.
This agreement is a "Multi -Phased" agreement. Multi -phased means it will be written with a task's
full scope of work and a partial budget. Phase One of this agreement includes work performed with
the budget as outlined in Phase One of section Part 2: Fund Source and Budget. Phase Two includes
the remainder of work to be performed and funds are contingent upon the budget appropriation by
the State Legislature for the 2011-2013 biennium.
After the 2011-2013 biennial allocation is secured, ECOLOGY will initiate a formal amendment to
increase funding to support Phase Two. Phase Two work is not authorized for reimbursement until a
formal amendment to increase the budget is executed. RECIPIENTS are not obligated to complete
Phase Two work until a formal amendment to increase the budget is approved.
Any work performed or costs incurred prior to the effective date of this agreement will be at
the sole expense of the RECIPIENT.
The "Maximum Eligible Cost" is the maximum amount of eligible costs incurred by a RECIPIENT
that can be reimbursed at a rate of 75% under this grant. *The "Estimated (total) Task Cost" is for
Ecology information only. It reflects the true cost of completing the full task, including expenses
beyond the Maximum Eligible Cost.
CATEGORY: Waste Reduction and Recycling
MAXIMUM ELIGIBLE CATEGORY COST: $ 22,572
1. TASK TITLE: Waste Reduction and Recycling Education and Outreach
Maximum Eligible Task Cost: $ 22,572
Summary Description: The RECIPIENT will provide recycling outreach and technical assistance
to multi -family properties, businesses and citizens within the city to increase recycling
participation. The RECIPIENT will coordinate with residents, businesses, the county and certified
waste haulers to continue to increase awareness and use of all recycle and reuse services, options
and opportunities throughout the community. The RECIPIENT will conduct a Christmas tree -
cycling activity with the Boy Scouts and a Green Business recognition activity with the local
Chamber of Commerce.
Grant No. G1000397
City of Edmonds
Goal Statement: The goal of this task is to reduce waste while increasing diversion and recycling
at multi -family properties and businesses within the city of Edmonds.
Outcome Statement: Over the two-year grant period, the RECIPIENT expects to respond to
approximately 50 businesses and 150 citizens about reuse and recycling options. The RECIPIENT
also expects that approximately 10 multi -family properties will start new recycling programs,
diverting 35 tons of recyclable material from the waste stream. From Christmas tree -cycling,
approximately 53 tons of organic material willbe diverted.
Work Plan and Activities Timeline: A quarter is defined by calendar year and begins with the
first three months of the grant period.
Quarter Activity
Phase One
Q 1 Identify multi -family properties, develop outreach materials and
coordinate with hauler. Coordinate and assist (with publicity) local
scout troops with their Christmas tree -cycle activity.
Q2 Continue providing printed public information while updating the
same on the city web site. Continue to provide outreach and
assistance to commercial business recycling efforts. Review
proposed recycling collection areas for new and remodeled multi-
family and commercial properties. Support the Chamber of
Commerce Green Business recognition program.
Q3 Ongoing
Q4 Ongoing
Phase Two
Q5 Ongoing
Q6 Ongoing
Q7 Ongoing
Q8 Ongoing. Evaluate and write final report.
Method of Evaluation: The RECIPIENT will track and report quarterly, the number of responses
to businesses and residents and the number of new multi -family properties (and individual units)
that started using the recycle collection service. Collection data from the hauler would be used for
determining total volume and/or weight of recyclables diverted and calculating any percentage of
resulting increase.
* Estimated (total) Task Cost:
$ 45,134
3
Grant No. G1000397
City of Edmonds
CATEGORY: Organics
MAXIMUM ELIGIBLE CATEGORY COST: $ 5,644
2. TASK TITLE: Commercial Food Waste Composting
Maximum Eligible Task Cost: $5,644
Summary Description: The RECIPIENT will continue to provide outreach and technical
assistance to restaurants and other food service businesses on food waste composting options. It is
anticipated that this service will become a standard waste management option.
Goal Statement: The goal of this task to increase the opportunity for food service businesses to
divert the large portion of food scraps typically generated in their solid waste stream. Awareness
and education of the opportunity, and coordination with the collection service will lead to an
increase in participation.
Outcome Statement: Over the two year grant period, the RECIPIENT expects 25 businesses to
sign up for organics collection, diverting 100 tons of organics from the waste stream.
Work Plan and Activities with Quarterly Timeline:
Quarter Activity
Phase One
Q 1 Promote commercial food waste composting through distribution of
outreach material and site visits. Establish regular visits with
participants for program monitoring and evaluation.
Q2 Ongoing
Q3 Ongoing
Q4 Ongoing
Phase Two
Q5 Ongoing
Q6 Ongoing
Q7 Ongoing
Q8 Ongoing. Evaluate and write final report.
Method of Evaluation: The RECIPIENT will track and report quarterly participation, collect solid
waste generation information (tons diverted), and identify barriers and particular behavioral
changes needed for success.
4
rd
Grant No. G1000397
City of Edmonds
* Estimated (total) Task Cost: $ 11,284
i711!'4 111WRMT4111MO D". 0 1i y 1
Approved costs must be consistent with the most recently approved Spending Plan. Costs cannot
exceed the agreement Budget (Part 2: Section B) without a formal amendment. To change how
funds are allocated between the grant tasks, the RECIPIENT must submit a writtenrequestto
ECOLOGYfor a Letter Amendment. To change a scope of work or to increase/decrease a grant
amount, the RECIPIENT must complete and submit a Formal Amendment Request form (ECY 070-
113).
A. FUND SOURCE
PHASE ONE (057/J07 9N10C)
Maximum Eligible Cost: $22,572
..:=39e'st:;�Pi.+tim.��P.»�w7{:sk.3�_:.'.a^; ewe s,.:...<Sr,e.,s�.�..•.>>•..n�.,.�r..T:„->+,.h...��.x5>KF'c7.xu:sf'�W.+.:'w1c�,,.,..t-.+�. ;_�s,�a.,:,.:..,s\a'a. ,v«: �C *i'�'s.
State Building Construction
Account (SBCA) $16.929
.
w4'� k'�"
�2y 3 F� `� 5 e ti+ r a�} s ztrxFhuTs �C \ r y r sax y x
�ti,'g1�+�``G3'.r.S�Si..v.:.as..;?.'yv��".: 4a �Yt+...: v. s<d �zc'o,�,vt.,w ?.�......�..a'.h�`tY;..��s"��.is•"•.....Sa. �X�tl�.... �ft4a.;. \S<.ee�.?Fa'?�,s .3� .;:�+....{..=t...�',:a'i�'� ,.'� es"R_.[��n���r
Cash Match 25% $5,643
Interlocal Costs 0% $0
PHASE ONE (057407 9N1BW)
Maximum Eligible Cost: $5,644
"� �+q h•\ � �' a J�'✓5'�, i i 3 x?t• �°' � 43.�'a1. �" rC, az '� ;, � r r ,� � of rx S s cw 3 2*E -.:
� '�, ����� F � � Y*x� to �,y,� y�,.t-�v,"�' x Z� � �.,,. t � uq���.5 � "i `� S `• � 4 ;e � y r. w34�1��m��c �c^a,�• i"��'i F..
�'� �'3�',. + '��'�`i,��t.. fit. y` ���•';:;�^'�-�.`.r'��� -� > ����'A�e �����,¢b'i�'�`,e,�"�'"�, "' "\c 'z}, �✓x'.�, ,
��:��r.`."�L..a�•,1"�;;'.�"�.'"c�> ..� £s> � �� . a� . ��»'�" a.rn e�"��?a,,�t� L'"�`i'�',v�wk �^c..�+`s�'7i,� �����;�£.l r' t0m`"�'�'w ,
State Building Construction
Account (SBCA) $4,233`
Cash Match 25 % $1,411
Interlocal Costs 0% $0
PHASE TWO
5
41
Grant No. G1000397
City of Edmonds
Maximum Eligible Cost: $28,202
State Building Construction
Account (SBCA) $21,151
Cash Match 25% $7,051
Interlocal Costs 0% $0
B. BUDGET
§1 `t3 vs `2 ?r �f k ' e" L
{$`fi i
�� `� 4 `•'t "�'t,`� Ls +` sY'S—'' 'ts�.:5 ua. 3 r T
s`�
E 4
WN
t `I�ifCm. ,�, { .�, 4� C .. #r
y,�s
a d4 Y ., ^s..T.IK, as'�.
g lax eye g1�bVs`C1ia'Jt
i�YY13YY11/�7rvN
{ Pith S,fi"� S 3?.r+t;tYfbr K'+'�+Rt n+� F•,� ' d"l;'+.� �, ¢-¢ .Yw^Y \' "i2
-" �'
"qA` ..p...Yy�t
�i�pp .�tr,yz�U�v^�9lYi'�i,IPNl1
34111�
rysAa {i�' � !�Jp� �'.�a���.
�` kbt�.l..•r�'
�p'�..y�,ep��• y�a{�,-�S�,�YY4i
V�O
-. F+,
5p y_'rr' '1 w. `� 6
1 4 '�>
4
r
INN -
NO
3.�
,y�
I. Task Title: Waste Reduction and
$22,572
$ 22,562
Recycling Education & Outreach
a
Y
$
4
2. Task Title: Commerciai Food
$ 5,644
$ 5,640
Waste Composting
'.,." 3� 21?u o.Te'Ssv}+K aY��S i'= y^�Y� l ^cri �'=T.
t -0ryf. ��� Yr
�3�r,. -A" '"tE'" r`��3 F"?,!'P.f.3� d
�*\.'.,�G•'aF wri�''e'. T1`� 4 F t y,,M. �
� vaFC `i�"S��se" 6�. �'V
�T }F'. {�P,��1 q€+•.a
r: f f S Xp. ,ftid.s
�'� 4 .. ,,y, 1J Ste'. ? .fM %�•�a�3:���
�++ y e- %':
w'��}a�i 5
�YZS'A..^�a��'S� �1�� -�.. •h i 9 t 4
� S 4 $ � 1 �$..C+sa"^ / „"? h
rzCy�
3rt �,,, �'r'' d 'x'r ��
� @ �M A' ��i{y� � S1F*jRr'i?"�yc�'.��y�T'?y
.�c� i ,E
r # � t 2 �, � 'd
-� t` -. +`�c �T,i� � '. `� j � •i`�t�
�'�
'.�&�w;�.$$}}��� 7 r'. - ,� - f q,�
�n z�f x j�•"",.�. r"��jj� � .�,�'�
�' Lit �. &' � �Cy�.�� �-., -
� .�.`^ �,i � ,� to
�4,t:1�iY���s�. ���aF i��i+Y+�{^�:., ^�: 'i' ��k
� ,�'��Y-. �,�r p:,,
,�� f. �.�E^^ .br 4H+ya� 4• � ,.q Cv�'2t�
�t 4 S ry. 3� .+�� 6 i
PART 3: BUDGET CONDITIONS
A. The RECIPIENT is required to provide a match of 25% of the maximum eligible cost with cash
or interlocal costs. Interlocal costs are the only type of in -kind contributions that may be used as
match.
B. 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.
6
Grant No. GI000397
City of Edmonds
C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent
on tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are
eligible (excluding time spent to write a grant application).
D. To increase or decrease the budget as outlined in this grant agreement, or change the scope of
work for any project outlined in this grant agreement, ECOLOGY requires a formal amendment.
The RECIPIENT must complete and submit a formal amendment using the Formal Amendment
Request form (ECY 070-113). e
E. Payments to the RECIPIENT from ECOLOGY shall be made payable to:
City of Edmonds
Attn: Lori Cress
121 Fifth Ave. N
Edmonds, WA 98020
F. If parties other than the RECIPIENT are contributing to the local share of task costs, memoranda
of understanding or other written agreements confirming the contribution shall be negotiated.
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.
G. Spending Plans: Approved costs must be consistent with the most recently approved Spending
Plan. The RECIPIENT must submit a revised Spending Plan to ECOLOGY in order to change
the amount of funds spent by quarter. ECOLOGY'S grant officer will approve, by date stamp
and signature, the revised Spending Plan. If quarterly spending exceeds the amount outlined on
the approved spending plan, ECOLOGY reserves the right to hold payment of the overage
depending on the availability of funds. Revised and approved Spending Plans are incorporated
into this agreement by reference.
PART 4: SPECIAL TERMS AND CONDITIONS
A. BILLING AND REPORTING
1. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a
payment request to ECOLOGY at least quarterly (by calendar year), but no more often than
once per month.
2. The RECIPIENT shall submit a progress report with each payment request but no less often
than quarterly. These reports shall include activities that support incurred costs shown on the
C1 or C2 of the payment request, and must be submitted on-line through the Solid Waste
Information Clearinghouse.
3. The RECIPIENT must provide to ECOLOGY an up-to-date Spending Plan throughout the
grant period. An updated Spending Plan must be submitted when changes occur that impact
quarterly spending and / or quarterly reimbursement amounts.
VA
Grant No. G1000397
City of Edmonds
4. The RECIPIENT must submit payment requests on approved State Invoice Voucher forms:
A19-IA (ECY 060-02), Form 131 (ECY 060-3) or Form B2 (ECY 060-7), Form Cl (ECY
060-8) or Form C2 (ECY 060-9). These forms are acceptable in electronic format. The
RECIPIENT must also include all backup documentation to support items listed on Form
Cl/C2. The budget is organized by task and therefore, the RECIPIENT shall itemize costs by
task on Form Cl/C2 and summarize costs by task on Form B1/B2. Forms B1 and C1 are
used only when interlocal costs are used towards the 25% match.
5. For all Planning and Implementation tasks and special tasks in a solid waste enforcement f"
grant (special tasks do not include regular solid waste enforcement work such as enforcing
solid waste codes) the RECIPIENT must submit a Final Performance Analysis (FPA) report
on-line through the Solid Waste Information Clearinghouse. The final report must be
submitted before ECOLOGY can process a final payment request. The final payment request
and the FPA are due no later than February 14, 2012 for this grant or 45 days after the grant
budget is spent, whichever comes first.
6. For Solid Waste Enforcement tasks, recipients must submit their final quarterly solid waste
enforcement progress report on-line through the Solid Waste Information Clearinghouse no
later than February 14, 2012. Ecology will generate a summary Final Solid Waste
Enforcement report from all the quarterly reports that will serve as the final report needed to
close out the agreement.
7. Progress Report (for both planning and implementation and solid waste enforcement tasks)
and Final Performance Analysis (FPA) can be found on the Grant Details page of the Solid
Waste Information Clearinghouse once the RECIPIENT has logged on as a Registered User.
For instructions on how to become a Registered User, please visit the Coordinated Prevention
Grant website at hM2://www.ecy.wa.gov/-orograms/swfa/grants/cps html.
B. DOCUMENTATION
1. The RECIPIENT shall submit supporting documents for all costs incurred. Documentation
shall be provided in the order in which it is itemized on Form C1/C2. Supporting
documentation is any document deemed relevant by ECOLOGY to establish the
appropriateness of an expense listed on Form C 1/C2. Please see Chapter 6 of the Program
Guidelines for Coordinated Prevention Grants 2010-2011 Grant Cycle, and the
Administrative Requirements for Recipients of Ecology Grants and Loans — Yellow Book,
Ecology Publication #91-18 (Revised September 2005) for guidance.
2. The RECIPIENT shall maintain grant related material and supporting documents in a
common file. This includes cancelled checks, invoices, purchase receipts, payroll records,
time and attendance records, contract award documents, and invoice vouchers sent to
ECOLOGY. The Recipient shall keep all supporting documents for audit purposes for at
least three years after agreement expiration.
3. The RECIPIENT shall use the ECOLOGY provided Form E, or an equivalent time
accounting document approved by ECOLOGY, to record staff hours being charged to the
grant.
Grant No. GI000397
City of Edmonds
4. ECOLOGY may request additional documentation if needed to determine if a cost will be
allowed.
5. Supporting documents shall be clear and legible, and organized by task in the order it was
itemized on Form C1/C2 by the RECIPIENT.
C. OTHER SPECIAL TERMS
1. SOLID AND HAZARDOUS WASTE MANAGEMENT PLANS
Tasks must support implementation of the RECIPIENT's local solid and hazardous waste
management plans.
For tasks related to updating a local solid and hazardous waste management plan, the
RECIPIENT agrees to incorporate the intent of the Washington State Hazardous Waste
Management Plan and Solid Waste Management Plan (Beyond Waste Plan) into the local
preliminary draft plan prior to submittal to Ecology for review. The Beyond Waste plan is a 30-
year plan with a clear vision to eliminate wastes-andloxics whenever we can and use the
remaining wastes as resources. The recipient agrees to include in their plan update,
recommendations that address at least one of the following elements from the Beyond Waste
Plan: moderate risk waste, organics management or green building.
2. SOLID WASTE ENFORCEMENT
Solid Waste Enforcement money can only be.spent on tasks that focus on enforcement of rules
and regulations, and shall be used exclusively for expenses necessary to enforce applicable
regulations pursuant to Chapters 70.95.220 RCW, WAC 173-350, 351 and 304.
For tasks related to inspection and permitting of solid waste facilities, those facilities must be in
compliance) at the time a payment request is submitted. Compliance is defined at a minimum as
the RECIPIENT shall have issued a compliance schedule or have taken enforcement action to
obtain compliance.
The RECIPIENT must also submit copies of permits to Ecology within seven days of their
issuance. Once a permit is issued, Ecology has 30 'days to review each permit. Complete permit
applications must be submitted to Ecology, allowing 45 days for Ecology to review and
recommend for or against the issuance of a permit. The RECIPIENT must submit copies of
reports for inspections conducted in the billing period with each payment: request.
3. - ON-LINE CONTRACTS AND GRANTS MANAGEMENT
Washington State's Office of Financial Management is developing an on-line contracts and
grants management system. When the system becomes available, all new or active contracts and
grant agreements must be managed in this system. The RECIPIENT agrees to register in the
state vendor registration program and to use the on-line system.
4. TRAINING
The RECIPIENT agrees to participate in any ECOLOGY recommended trainings related to
managing agreements and preparing, processing, and receiving payments.
Grant No. G1000397
City of Edmonds
5. MINORITY AND WOMEN'S BUSINESS PARTICIPATION
The RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -
owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated after
the effective date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE
participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons
submitting qualifications should take the following steps, when possible, in any procurement
initiated after the effective date of this agreement:
a) Include qualified minority and women's businesses on solicitation lists.
b) Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
c) Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
d) Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
e) Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce; as appropriate.
f) The RECIPIENT should report payments made to qualified firms to ECOLOGY at the
time of submitting each invoice. Please include the following information on ECOLOGY
provided form (Form D).
g) Name and state OMWBE certification number (if available) of any qualified firm
receiving funds under the invoice, including any sub -and/or sub -subcontractors.
h) The total dollar amount paid to qualified firms under this invoice.
6. PROCUREMENT AND CONTRACTS
a) The RECIPIENT shall provide written certification that it will follow its standard
procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS
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 (Revised September. 2005).
b) Upon issuance, the RECIPIENT shall 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.
10
Grant No. G1000397
City of Edmonds
c) Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy
of the draft proposed contract to the ECOLOGY'S grant officer for review and approval.
Following the contract execution, the RECIPIENT shall submit a copy of the final
contract to your ECOLOGY assigned grant officer.
d) Unless a specific purchase of equipment or real property is already written into the grant
agreement, the RECIPIENT must submit a written request to the DEPARTMENT to
purchase.: any equipment or real property (Property) with a single unit purchase price of
$5,000 or more. The request shall 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 the DEPARTMENT prior to the purchase.
7. USE OF EXISTING CONTRACTS
The RECIPIENT may use existing contracts that conform to adopted procurement
procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if it used
contracts entered into prior to the execution of the grant agreement for performance of grant -
funded activities. The RECIPIENT shall submit a copy of the contract to its assigned
ECOLOGY grant officer. The grant eligibility of products or services secured by the
RECIPIENT under existing contracts used to perform the scope of work in this agreement
must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement.
8. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION
The RECIPIENT must develop an inventory control system, including physical inventory to
document the ongoing use, a serial or vehicle identification number (VIN) and location of the
equipment. The inventory shall be submitted to the DEPARTMENT annually while the
equipment is in use. The RECIPIENT shall investigate, document, and report to the
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.
TheRECIPIENTshall submit a written request to the ECOLOGY for any intent to change
the use of the equipment as outlined in this grant agreement, including uses past the
expiration date of this agreement. Disposition of the equipment shall be determined by the
ECOLOGY and documented in writing. A copy of the determination will be provided to the
RECIPIENT upon expiration; of the grant agreement.
• The ECOLOGY may authorize the RECIPIENT to:
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.
11
4:
Grant No. G1000397
City of Edmonds
9. TASK INCOME
Any income directly generated as a result of the activities funded by this grant shall be
reported as a credit against the expenses of that activity, as required by ECOLOGY'S
Administrative Requirements for Ecology Grants and Loans, Ecology Publication #91-18
(Revised September 2005).
10. ALL WRITINGS CONTAINED HEREIN
This agreement, including the "General Terms and Conditions," the latest approved Spending
Plan, Program Guidelines — Coordinated Prevention Grants 2010-2011, and ECOLOGY'S
Administrative Requirements for Ecology Grants and Loans, Ecology Publication #91-18
(Revised September 2005), 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.
11. ARCHEOLOGICAL AND CULTURAL RESOURCES
The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects
to the archeological or cultural resources. RECIPIENT shall immediately cease work and
notify ECOLOGY if any archeological or cultural resources are found while conducting
work under this agreement. In the event that historical or cultural artifacts are discovered at
the project site, the RECIPIENT shall also notify the state historic preservation officer at the
Department of Archaeology and Historic Preservation at (360) 586-3065. Applicability of the
National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit
pursuant to Chapter 27.53 RCW prior to conducting on -site activity with the potential to
impact historic properties (such as invasive sampling, dredging, or cleanup actions).
12.PRECEDENCE
In the event of inconsistency in this agreement, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations;
(b) Scope of Work and most current approved Spending Plan; (c) Special Terms and
Conditions; (d) Coordinated Prevention Grant Program Guidelines (e) any terms incorporated
herein by reference including the Administrative Requirements for Ecology Grants and
Loans, Ecology Publication #91-18 (Revised September 2005); and (f) the General Terms
and Conditions (SS-010 Rev. 04/04).
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.
12
Grant No. G1000397
City of Edmonds
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. ell
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
l . The RECIPIENT shall comply fully with all applicable Federal, State and local laws,
orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the
necessary approvals and permits required by authorities having jurisdiction over the project, provide
assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies
available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further
agrees to affirmatively support the program of the Office of Minority and Women's Business
Enterprises to the maximum extent possible. If the agreement is federally -funded, the RECIPIENT
shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority
owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with 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 complywith 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
Grant No. G1000397
City of Edmonds
I. The RECIPIENT shall maintain complete program and financial records relating to
this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and
task or object.
All 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
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment
request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also
report in writing to the DEPARTMENT any problems, delays or adverse conditions which will
materially affect their ability to meet project objectives or time schedules. This disclosure shall be
accompanied by a statement of the action taken or proposed and any assistance needed from the
DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are
not submitted.
Quarterly reports 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
I. 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 Ecology Grants and Loans", part IV,
published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT.
14
Grant No. G1000397
City of Edmonds
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 withinforty-five(45) days after the expiration date of this agreement and within
fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed
reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to
exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's
performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the
project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's
sole discretion, such payment is reasonable and approved according to this agreement and, as
appropriate, upon completion of an audit as specified under section J.6. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to 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.
K. TERNIINATION
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 terminationshall 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.
15
Grant No. GI000397
City of Edmonds
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.
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 DEPARTM ENT's current edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real
and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in
the absence of state; federal statute(s), regulation(s), or policy(s) to the contrary or upon specific
instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT
provides personal property directly to the RECIPIENT for use in performance of the project, it shall
be returned to the 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.
16
Grant No. G1000397
City of Edmonds
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.
N. SUSTAINABLE PRODUCTS
hi 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..
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is
contingent upon satisfactory performance of this agreement including the satisfactory completion of
the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to
perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's
sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the
RECIPIENT for those parts of the project that are rendered worthless in the opinion of the
DEPARTMENT by such failure to perform.
Interest 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.
17
Grant No. G1000397
City of Edmonds
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 Aurnishes to the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have
the opportunity to be heard and to offer evidence in support of this appeal. The decision of the
Director or duly authorized representative for the determination of such appeals shall be final and
conclusive. Appeals from the Director's determination shall be brought in the Superior Court of
Thurston County. Review of the decision of the Director will not be sought before either the
Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of
dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement
and in accordance with the decision rendered.
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
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided in the
Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each
party shall indemnify and hold the other harmless from and against any liability for any or all
injuries to persons or property arising from the negligent act or omission of that party or that party's
agents or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement
which can be given effect without the invalid provision, and to this end the provisions of this
agreement are declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal
and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any
terms incorporated herein by reference including the "Administrative Requirements for Ecology
Grants and Loans"; and (e) the General Terms and Conditions.
18
Grant No. G1000397
City of Edmonds
IN WITNESS WHEREOF, the parties sign this Agreement:
STATE OF WASHINGTON CITY OF EDMONDS
DEPARTMENT OF ECOLOGY
Laurie G. Davies Date S gna Date
Program Manager
Waste 2 Resources
Printed 14ame and Title of Signato
Approved as to form only Assistant Attorney General
19
k
u
M Ln
Ln
Co
fMY1,
(.T
NO
LL
o
'o
u z (c
Ln
W
t/1
occJ
Za
0. c
Ln
O
Z ►
ti
Y <
��
ez
O
O
-
W ^
NO J tLa
tD
�c
ui
b— m
Ln
M
4.0
mg
Z
Ln
W.
4014
Z O d E
4
N
W L
o°otkG
a O c Q
'9'.
LnLn
U.
ui
ui N
a w
a,
Z m O
.ram
N
N
c/
U 4X O
x
m -0 41
i ar
f0
Ln
ZLnf
,0
to
f C
•V
-W
-ar
a
NLn
tN
rt
a
sue;
Ln
to
V Ox
.a
ai 0 a oC
`n
Ln
N 3
3
a uul
w
V n�o Z
++
a
_
/ A Y0w1p�
J
CD
.
a V« M N
N
In W V !Q
(U
4f
m
m
p
�..
Q
Q
L
O
>
4L+ =
a
y=
`u
�n
I=
cps
,
�OpC
`.`.
N
M
d'
ui
�O
u0oil
.
x
O
ca
06
a
► 7R ►7 4-1
a�
L m
a �
0 tk*
c V'
O
U
mf� 0
� a _
Q a,
c 3 0
0
N 7 d M
co V) CO N
a
f6
D
e-1
e-1
a+ O
z o
0
U'' w
' MR
O
�E
00
CL
771t
u
_
LL !
-
3
00
ui
a c
s
O
z
��<
CIO
Z
W
H �O
d 3to
v
z
N ® cc
Z V v
4
0 Cp
GJ
�
Q Gl E
zu
-�
W
dO
Q
p u. uLU
v►
r
ui N
z�
0 Llet
M
i
O i to
W N
Z,,
r:i
c
0 a
illy.
_
p N E
a 40r.
oAN
ogo
:
yX
f z
o
a
f0
x O
O
O!
1-- o
4
h
3
O
` 0
V � �' o
W
rMI
O°
H
v
IA0)
oW� u
Z
d
m
;
.0
`U
=
ni
ni
d
ui
�o
L16
oae'
x
m
m
m v
LV
F �
c�
! W/
fu in
O
4i
N U
m O
?� a _
.a 4 e( rn
_0m W en
N
r-1
v
m
-c
CL
D
rn
ei
0 0 z
0
(7 w