DOE Grant - Stormwater Capacity WQSWCAP-1517-Edmond-00056DEPARTMENT OF
COLOGY
State of Washington
AMENDMENT NO. 1
TO AGREEMENT NO. WQSWCAP-1517-Edmond-00056
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF EDMONDS
PURPOSE: To amend the above -referenced agreement (AGREEMENT) between the state of Washington Department
of Ecology (ECOLOGY) and City of Edmonds (RECIPIENT) for the 2015-2017 Biennial Stormwater Capacity Grants
(PROJECT).
The purpose of this amendment is to reduce total funding from $50,000, to $25,000. There are no changes to the
effective dates or scope of work.
The FY2015-17 Biennial Municipal Stormwater Capacity- Building Grant (Capacity Grant), funded via the Model
Toxics Control Act (MTCA) account, has been significantly reduced due to decreased oil tax revenues. In order to
address this significant decline, ECOLOGY was directed in the enacted 2015-17 Operating Budget to reduce the
funding amount of the Capacity Grant.
IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows:
Total Cost:
Original: 50,000.00 Amended: 25,000.00
Total Eligible Cost:
Original: 50,000.00 Amended: 25,000.00
CHANGES TO SCOPE OF WORK
Task Number: 1 Task Cost: $2,500.00
Task Title: Project Administration/Management
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for
reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including
photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement,
contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required
permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and
Version 10/30/2015 70 3 a
Co"V-3 99
A 111' ':
'State of Washington Department of Ecology
City of Edmonds
2015-2017 Biennial Stormwater Capacity Grants Project
Agreement No. WQSWCAP-1517-Edmond-00056
Amendment No. 1
c) Activities to identify and remove illicit stormwater discharges.
d) Field screening procedures.
e) Complaint hotline database or tracking system improvements.
4) Activities to support programs to control runoff from new development, redevelopment, and construction sites,
including:
a) Development of an ordinance and associated technical manual or update of applicable codes.
b) Inspections before, during, and upon completion of construction, or for post -construction long-term maintenance.
c) Training for plan review and/or inspection staff.
d) Participation in applicable watershed planning effort.
5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as:
a) Inspecting and/or maintaining the MS4 infrastructure.
b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal
properties or facilities.
6) Annual reporting activities.
7) Establishing and refining stormwater utilities, including stable rate structures.
8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any
monitoring funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the
DEPARMENT approves prior to awarding funding for monitoring.
Monitoring, including:
a) Development of applicable QAPPs.
b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/11 permit
requirements.
9) Structural stormwater controls program activities (Phase I permit requirement)
10) Source control for existing development (Phase I permit requirement), including:
a) Inventory and inspection program.
b) Technical assistance and enforcement.
c) Staff training.
11) Equipment purchases that result directly in improved compliance with permit requirements. Allowed costs for
equipment purchases must be specific to implementing a permit requirement (such as a vactor truck) rather than
general use (such as a general use pick-up truck). Qualified equipment purchases include but are not limited to:
a) Illicit discharge testing equipment and materials.
b) Vactor truck or sweeper truck or MS4 maintenance activities.
c) Electronic devices dedicated to mapping of MS4 facilities and attributes.
d) Software dedicated to tracking permit implementation activities.
As a deliverable, documentation of all tasks completed is required. Documentation includes but is not limited to:
maps, field reports, dates and number of inspections conducted, dates of trainings held and participant lists, number of
illicit discharges investigated and removed, summaries of planning, stormwater utility or procedural updates, annual
reports, copies of approved QAPPs, summaries of structural or source control activities, summaries of how equipment
purchases have increased or improved permit compliance.
TaskGoal Statement:
This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to
lakes, streams, and the Puget Sound by implementing measures required by Phase I and 11 NPDES permits.
Task Expected Outcome:
Version 10/30/2015
Page 3 of 7
'State of Washington Department of Ecology
City of Edmonds
2015-2017 Biennial Stormwater Capacity Grants Project
Agreement No, WQSWCAP-1517-Edmond-00056
Amendment No, 1
Version 10/30/2015
Page 5 of 7
State of W ashington Department of Ecology
City of Edmonds
2015-2017 Biennial Stormwater Capacity Grants Project
Agreement No. WQSWCAP-1517-Edmond-00056
Amendment No 1
AUTHORIZING SIGNATURES
Page 7 of 7
All other terms and conditions of the original Agreement including any Amendments remain in full force and effect,
except as expressly provided by this Amendment.
The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their
respective organizations to this Amendment.
This amendment will be effective 07/01/2015.
IN WITNESS WHEREOF: the parties hereto, having read this Amendment in its entirety, including all attachments, do
agree in each and every particular and have thus set their hands hereunto.
Washington State
Department of Ecology
0
Heather R. Bartlett Date
Water Quality
Program Manager
Template Approved to Form by
Attorney General's Office
Version 10/30/2015
City of Edmonds
1 " 'C' eo. 4frNZJ 5 S
By:
David Earling to
Mayor
Agreement No: WQSWCAP-1517-Edmond-OOC
Project Title: 2015-2017 Biennial Stormwater (rapacity Grants
Recipient Name: City of Edmonds
+
DEPARTMENT OF
G
OLOGY
State of Washington
Agreement WQSWCAP-1517-Edmond-00056
WATER QUALITY STORMWATER CAPACITY AGREEMENT
BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
City of Edmonds
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 Edmonds, hereinafter referred to as the "RECIPIENT" to carry
out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than
Project Type:
Page 1 of 24
2015-2017 Biennial Stormwater Capacity Grants
$50,000.00
$50,000.00
$50,000.00
$0.00
07/01/2015
03/31/2017
Capacity Grant
Project Short Description:
This project will assist Phase I and II Permittes in implementation or management of municipal stormwater
programs.
Project Lon Dg escription:
N/A
Overall Goal:
This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to
state water bodies.
✓ Ce A( 5- 9%
7-/ -/,S-A, 3-
W QS W CAP -1517 -Ed mond-00056
Agreement No: WQSWCAP-1517-Edmond-00056
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
RECIPIENT INFORMATION
Organization Name: City of Edmonds
Federal Tax ID: 91-6001244
DUNS Number: 040172827
Mailing Address: 121 5th Ave N
Edmonds, WA, 98115
Physical Address: 121 5th Ave N
Edmonds, Washington, 98020
Organization Email: jerry.shuster(c�edmondswa.gov
Contacts
Project Manager I Jerry Shuster
121 5th Ave N.
Edmonds, Washington, 98020
Email: jerry.shuster@edmondswa.gov
Phone: (425) 771-0220
Billing Contact Megan Luttrell
Admin Assistant
121 5th Ave N
Edmonds, Washington, 98020
Email: megan.luttrell(aedmondswa.gov
Phone: (425) 771-0220
Authorized David O Earling
Signatory I Mayor
121 5th Avenue North
Edmonds, Washington, 98020
Email: dave.earling(a�edmondswa.gov
Phone: (425) 771-0247
W QS W CAP -1517 -Edmond -00056
Page 2 of 24
Agreement No: WQSWCAP-1517-Edmond-00056
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Water Quality
300 Desmond Drive
Lacey, WA 98503
Contacts
Page 3 of 24
Project
Kyle Graunke
Manager
P.O. Box 47600
Olympia, Washington, 98504-7600
Email: kygr461(aecy.wa.gov
Phone: (360) 407-6638
Financial
Kyle Graunke
Manager
P.O. Box 47600
Olympia, Washington, 98504-7600
Email: kygr461(c@ecy.wa.gov
Phone: (360) 407-6638
W Q S W CAP- 1517 -Edmond -00056
Agreement No: WQSWCAP-1517-Edmond-00056
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
Page 4 of 24
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 the Scope of Work.
RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement.
Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement, Scope
of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, rules,
regulations, and guidelines mentioned in 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.
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.
IN WITNESS WHEREOF, the parties hereby sign this Agreement
Washington State
Department of Ecology
Program Manager
Heather Bartlett
Water Quality
WQS WCAP-1517-Edmond-00056
City of Edmonds
Date David O Earling
Mayor
Date
Agreement No: WQSWCAP-1517-Edmond-00056 Page 5 of24
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
SCOPE OF WORK
Task Number: i. Task Cost: $5,000.00
Task Title: Project Administration/Management
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for
reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including
photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement,
contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required
permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and
scheduling project activities and assuring quality control. Every effort will be made to maintain effective
communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any
interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates
outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements.
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement, quarterly progress reports, and RECIPIENT closeout
report.
* Properly maintained project documentation
Project Administration/Management
Deliverables
Number
Description
Due Date
1.1
Quarterly Progress Reports
1.2
Recipient Closeout Report
1.3
Project Outcome Summary Report
WQS W CAP -1517 -Edmond -00056
Agreement No: WQSWCAP-1517-Edmond-00056
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
SCOPE OF WORK
Task Number: 2
Task Title: Project Administration/Management
Task Cost: $45,000.00
Task Description:
Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System
(NPDES) permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National
Pollutant Discharge Elimination System (NPDES) permit, the RECIPIENT will ensure funds are used to attain
compliance where applicable.
RECIPIENT may conduct work related to implementation of additional activities required by the municipal stormwater
NPDES permits. The following is a list of elements RECIPIENT's project may include.
1) Public education and outreach activities, including stewardship activities.
2) Public involvement and participation activities.
3) Illicit discharge detection and elimination (IDDE) program activities, including:
a) Mapping or geographic information systems of municipal separate storm sewer systems (MS4s).
b) Staff training.
c) Activities to identify and remove illicit stormwater discharges.
d) Field screening procedures.
e) Complaint hotline database or tracking system improvements.
4) Activities to support programs to control runoff from new development, redevelopment, and construction sites,
including:
a) Development of an ordinance and associated technical manual or update of applicable codes.
b) Inspections before, during, and upon completion of construction, or for post -construction long-term maintenance.
c) Training for plan review and/or inspection staff.
d) Participation in applicable watershed planning effort.
5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as:
a) Inspecting and/or maintaining the MS4 infrastructure.
b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal
properties or facilities.
6) Annual reporting activities.
7) Establishing and refining stormwater utilities, including stable rate structures.
8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any
monitoring funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the
DEPARMENT approves prior to awarding funding for monitoring.
Monitoring, including:
a) Development of applicable QAPPs.
b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit
requirements.
9) Structural stormwater controls program activities (Phase I permit requirement)
10) Source control for existing development (Phase I permit requirement), including:
a) Inventory and inspection program.
b) Technical assistance and enforcement.
c) Staff training.
11) Equipment purchases that result directly in improved compliance with permit requirements. Allowed costs for
equipment purchases must be specific to implementing a permit requirement (such as a vactor truck) rather than
WQS WCAP-1517-Edmond-00056
Page 6 of 24
Agreement No: WQSWCAP-1517-Edmond-00056 Page 7of24
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
general use (such as a general use pick-up truck). Qualified equipment purchases include but are not limited to:
a) Illicit discharge testing equipment and materials.
b) Vactor truck or sweeper truck or MS4 maintenance activities.
c) Electronic devices dedicated to mapping of MS4 facilities and attributes.
d) Software dedicated to tracking permit implementation activities.
As a deliverable, documentation of all tasks completed is required. Documentation includes but is not limited to:
maps, field reports, dates and number of inspections conducted, dates of trainings held and participant lists, number of
illicit discharges investigated and removed, summaries of planning, stormwater utility or procedural updates, annual
reports, copies of approved QAPPs, summaries of structural or source control activities, summaries of how equipment
purchases have increased or improved permit compliance.
Task Goal Statement:
This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to
lakes, streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits.
Task Expected Outcome.:
RECIPIENTS will implement measures required by Phase I and II NPDES permits.
Project Administration/Management
Deliverables
Number Description Due Date
2.1 Documentation of tasks completed
WQS WCAP-1517-Edmond-00056
Agreement No: WQSWCAP-1517-Edmond-00056 Page 8 of 24
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
BUDGET
Funding Distribution EG160352
Funding Title: Capacity Grant FYI
Funding Type: Grant Funding Expiration Date: 03/31/2017
Funding Effective Date: 07/01/2015
Funding Source:
Title: ELSA: Environmental Legacy Stewardship Account
Type: State
CFDA:
Assistance Agreement:
Description: MTCA
Recipient Match %: 0
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
Capacity Grant FY16
Task Total
Proiect Administration/Management
$ 2,500.00
Permit Implementation
$ 22,500.00
Total: $ 25,000.00
W Q S W CAP -1517 -Edmond -00056
Agreement No: WQSWCAP-1517-Edmond-00056 Page 9 of 24
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
BUDGET
Funding Distribution EG160353
Funding Title: Capacity Grant FYI
Funding Type: Grant Funding Expiration Date: 03/31/2017
Funding Effective Date: 07/01/2015
Funding Source:
Title: ELSA: Environmental Legacy Stewardship Account
Type: State
CFDA:
Assistance Agreement:
Description: MTCA
Recipient Match %: 0
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
Capacity Grant FY17
Task Total
Project Administration/Management
$ 2,500.00
Permit Implementation
$ 22,500.00
Total: $ 25,000.00
W QS W CAP -1517 -Edmond -00056
Agreement No: WQSWCAP-1517-Edmond-00056 Page 10 of 24
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
Funding Distribution Summary
Recipient / Ecology Share
Funding Distribution Name
Recipient Match %
Recipient Share
Ecology Share
Total
Capacity Grant FYI
0.00 %
$ 0.00
$ 25,000.00
$ 25,000.00
Capacity Grant FYI
0.00 %
$ 0.00
$ 25,000.00
$ 25,000.00
Total
$ 0.00
$ 50,000.00
$ 50.000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
"Administration Charge" means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98
WAC, to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest
earned in an Administrative Charge Account.
"Administrative Requirements" means the effective edition of ECOLOGY's ADMINISTRATIVE REQUIREMENTS
FOR RECIPIENTS OF ECOLOGY GRANTS AND LOANS at the signing of this agreement.
"Annual Debt Service" for any calendar year means for any applicable bonds or loans including the loan, all interest
plus all principal due on such bonds or loans in such year.
"Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt Service for the
remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years.
"Centennial Clean Water Program" means the state program funded from various state sources.
"Contract Documents" means the contract between the RECIPIENT and the construction contractor for construction of
the project.
"Cost Effective Analysis" means a comparison of the relative cost -efficiencies of two or more potential ways of solving
a water quality problem as described in Chapter 173-98-730 WAC.
"Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of sufficient investments
and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
"Effective Date" means the earliest date on which eligible costs may be incurred.
"Effective Interest Rate" means the total interest rate established by Ecology that includes the Administrative Charge.
WQS W CAP -1517 -Edmond -00056
Agreement No: WQSWCAP-1517-Edmond-00056 Page 11 of24
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
"Estimated Loan Amount" means the initial amount of funds loaned to the RECIPIENT.
"Estimated Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount.
"Equivalency" means projects designated by ECOLOGY to meet additional federal requirements.
"Final Accrued Interest" means the interest accrued beginning with the first disbursement of funds to the RECIPIENT
through such time as the loan is officially closed out and a final loan repayment schedule is issued.
"Final Loan Amount" means all principal of and interest on the loan from the Project Start Date through the Project
Completion Date.
"Final Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Final
Loan Amount.
"Forgivable Principal" means the portion of a loan that is not required to be paid back by the borrower.
"General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
"General Obligation Payable from Special Assessments Debt" means an obligation of the RECIPIENT secured by a
valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and
statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property
within the boundaries of the RECIPIENT.
"Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the maintenance and
operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility
Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal
proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or
escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other
than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account
for the purpose of paying a rebate to the United States Government under the Internal Revenue Code.
"Guidelines" means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the
project is funded.
"Initiation of Operation Date" means the actual date the Water Pollution Control Facility financed with proceeds of the
loan begins to operate for its intended purpose.
"Loan" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
"Loan Amount" means either an Estimated Loan Amount or a Final Loan Amount, as applicable.
"Loan Fund" means the special fund of that name created by ordinance or resolution of the RECIPIENT for the
repayment of the principal of and interest on the loan.
WQS WCAP-1517-Edmond-00056
Agreement No: WQSWCAP-1517-Edmond-00056 Page 12 of 24
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
"Loan Security" means the mechanism by which the RECIPIENT pledges to repay the loan.
"Loan Term" means the repayment period of the loan.
"Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT in causing the
Utility to be operated and maintained in good repair, working order, and condition including payments to other parties,
but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes.
"Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense.
"Original Engineer's Estimate" means the engineer's estimate of construction costs included with bid documents.
"Principal and Interest Account" means, for a loan that constitutes Revenue -Secured Debt, the account of that name
created in the loan fund to be first used to repay the principal of and interest on the loan.
"Project" means the project described in this agreement.
"Project Completion Date" means the date specified in the agreement on which the Scope of Work will be fully
completed.
"Project Schedule" means that schedule for the project specified in the agreement.
"Reserve Account" means, for a loan that constitutes Revenue -Secured Debt, the account of that name created in the
loan fund to secure the payment of the principal of and interest on the loan.
"Revenue -Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and
one not a general obligation of the RECIPIENT.
"Risk -Based Determination" means an approach to sub -recipient monitoring and oversight based on risk factors
associated to a RECIPIENT or project.
"Scope of Work" means the tasks and activities constituting the project.
"Section 319" means the section of the Clean Water Act that provides funding to address nonpoint sources of water
pollution.
"Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of
execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or
issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior
and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense.
"State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution control revolving fund
established by Chapter 90.50A.020 RCW.
"Termination Date" means the effective date of ECOLOGY's termination of the agreement.
"Termination Payment Date" means the date on which the RECIPIENT is required to repay to ECOLOGY any
outstanding balance of the loan and all accrued interest.
WQS WCAP-1517-Edmond-00056
Agreement No: WQSWCAP-1517-Edmond-00056 Page 13 of 24
Project Tit] e- 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
"Total Eligible Project Cost" means the sum of all costs associated with a water quality project that have been
determined to be eligible for ECOLOGY grant or loan funding.
"Total Project Cost" means the sum of all costs associated with a water quality project, including costs that are not
eligible for ECOLOGY grant or loan funding.
"ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or construction of
additions to and extensions and betterments of the Utility.
"ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are pledged to be
paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account).
ULID Assessments will include principal installments and any interest or penalties which may be due.
"Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the
Net Revenue of which is pledged to pay and secure the loan.
SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY FINANCIAL
ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference.
A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements
of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or shall be, met in
procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and
ineligible costs in the final negotiated agreement and submit a copy of the agreement to ECOLOGY.
B. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity
may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality
Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website.
C. Cultural and Historic Resources Protection Compliance with Environmental Laws and Regulations. The
RECIPIENT shall:
1) The RECIPIENT shall comply with all applicable federal, state and local environmental laws, statutes, regulations,
executive orders, and permits.
2) The RECIPIENT shall comply with Ecology's Archaeological Resource and Historic Property review process. The
RECIPIENT agrees that in no case shall construction activities, ground disturbance, or excavation of any kind, begin
until provisions of this process are complied with. The RECIPIENT is responsible for developing a complete
Inadvertent Discovery Plan (IDP). The IDP must be immediately available by request by any party. An IDP must be
immediately available and be implemented to address any discovery. The RECIPIENT will implement the procedures
in the IDP, and immediately notify ECOLOGY, the Department of Archeology and Historic Preservation (DAHP), and
tribal representatives if human remains, cultural, or archeological resources are discovered in the course of construction.
For more details regarding requirements under this provision, please reference the Water Quality Financial Assistance
Funding Guidelines available on ECOLOGY's Water Quality Program funding website.
D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment
reimbursement. Washington State's Department of Enterprise Services (DES) issues all payments. DES maintains a
WQS W CAP -1517 -Edmond -00056
Agreement No: WQSWCAP-1517-Edmond-00056 Page 14 of 24
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the
registration process online at http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx.
This registration process also allows The RECIPIENT to sign up for direct deposit payments, also known as electronic
fund transfers (EFT). If The RECIPIENT have questions about the vendor registration process or setting up direct
deposit payments contact DES at the Payee Help Desk at (360) 664-7779 or payeehelpdesk(a__),des.wa.gov.
E. Equipment Purchase: Equipment not included in the scope of work or a construction plan and specification approval
must be pre -approved by ECOLOGY's project manager before purchase.
F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3 for
Section 319 funded projects or 7 for SRF funded projects) funding participation in this project through the use of
project signs, acknowledgement in published materials, reports, the news media, websites, or other public
announcements. Projects addressing site-specific locations must utilize appropriately sized and weather -resistant signs.
Sign logos are available from ECOLOGY's Financial Manager upon request.
G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the
requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and Cities." If the status
of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in
writing of this change within 30 days.
H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary
for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, "Interlocal
Cooperation Act." The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to
ECOLOGY.
I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under
this agreement.
J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project
results or water quality project outcomes and the status of long-term environmental results or goals from the project
approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may
contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may
otherwise evaluate the project, as part of this assessment.
K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of
this agreement. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review
spending trends, completion of outcome measures, and overall project administration and performance. If the
RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope
of work, reduce grant funds, or increase oversight measures.
L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement will
be consistent with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical Guide for
Washington State. However, ECOLOGY may accept as eligible technical assistance, proposed practices, or project
designs that do not meet these standards if approved in writing by the NRCS and ECOLOGY.
SECTION 3: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF SFY15-17 CAPACITY
GRANTS
ECOLOGY shall reimburse eligible project expenses following the schedule below.
WQS WCAP-1517-Edmond-00056
Agreement No: WQSWCAP-1517-Edmond-00056 Page 15 of 24
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
Prior to July 1, 2016: Total reimbursements to the RECIPIENT for eligible project expenses are limited to a maximum
$25,000.
After July 1, 2016: If funding is available, ECOLOGY will provide written notification via email to the RECIPIENT
project manager stating that ECOLOGY may reimburse additional eligible expenses up to the total project eligible cost
of $50,000. Eligible project expenses may be incurred at any time between July 1, 2015 and March 31, 2017. If
additional funds are not available, total reimbursements for eligible project expenses will be limited to a maximum of
$25,000.
If the RECIPENT fails to submit two or more consecutive quarterly reports via the EAGL grant management system,
ECOLOGY may consider this failure to provide progress reports as non-performance and initiate actions to amend or
terminate this agreement.
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.
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 the department 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 2CFR180.330, 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
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
<httpJ/www.swn.gov> and print a copy of completed searches to document proof of compliance.
WQS WCAP-1517-Edmond-00056
Agreement No: WQSWCAP-1517-Edmond-00056 Page 16 of 24
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
Federal Funding Accountability And Transparency Act (FFATA) Reporting Requirements:
RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed
agreement to ECOLOGY.
Any RECIPIENT that meets each of the criteria below must also report compensation for its five top executives,
using FFATA Data Collection Form.
• Receives more than $25,000 in federal funds under this award; and
Receives more than 80 percent of its annual gross revenues from federal funds; and
Receives more than $25,000,000 in annual federal funds
ECOLOGY will not pay any invoice 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:/fwww.fsrs.&ov> within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspendinp,.gov http://www.usaspendin . ov>.
For more details on FFATA requirements, see www.fsrs.gov <hiip://www.fsrs.gov>.
GENERAL TERMS AND CONDITIONS
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL
Edition". https:Hfortress.wa.gov/ecy/publications/SummaryPages/1401002.htmi
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 or cultural
resources. Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to
approval by ECOLOGY.
RECIPIENT shall:
a) Immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while
conducting work under this Agreement.
WQS WCAP-1517-Edmond-00056
Agreement No: WQSWCAP-1517-Edmond-00056 Page 17 of 24
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
b) Immediately notify the Department of Archaeology and Historic Preservation at (360) 586-3064, in the event
historical or cultural artifacts are discovered at a work site.
c) Comply with Governor Executive Order 05-05, Archaeology and Cultural Resources, for any capital construction
projects prior to the start of any work.
d) Comply with RCW 27.53, Archaeological Sites and Resources, for any work performed under this Agreement, as
applicable. 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 cultural or historic properties.
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 may require approval by ECOLOGY
prior to purchase.
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(&des.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 should submit final requests for compensation within thirty (30) days after the expiration date of 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 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.
WQS WCAP-1517-Edmond-00056
Agreement No: WQSWCAP-1517-Edmond-00056 Page 18 of24
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
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.
WQS WCAP-1517-Edmond-00056
Agreement No: WQSWCAP-1517-Edmond-00056 Page 19 of24
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
Nothing in this contract will be construed to limit the parties' choice of another mutually acceptable method, in addition
to the dispute resolution procedure outlined above.
11. ENVIRONMENTAL STANDARDS
a) RECIPIENTS who collect environmental -monitoring data must provide these data to ECOLOGY using the
Environmental Information Management System (EIM). To satisfy this requirement these data must be successfully
loaded into EIM, see instructions on the EIM website at: http://www.ecy.wa.gov/eim.
b) RECIPIENTS are required to follow ECOLOGY's data standards when Geographic Information System (GIS) data
are collected and processed. More information and requirements are available at:
http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENTS 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.
c) RECIPIENTS must prepare a Quality Assurance Project Plan (QAPP) when a project involves the collection of
environmental measurement data. QAPP is to ensure the consistent application of quality assurance principles to the
planning and execution of all activities involved in generating data. RECIPIENTS must follow ECOLOGY's
Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication
No. 04-03-030). ECOLOGY shall review and approve the QAPP prior to start of work. The size, cost, and complexity
of the QAPP should be in proportion to the magnitude of the sampling effort.
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
WQS WCAP-1517-Edmond-00056
Agreement No: WQSWCAP-1517-Edmond-00056 Page 20 of 24
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
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
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
RECIPIENT shall obtain ECOLOGY's approval for all communication materials or documents related to the
fulfillment of this Agreement. Steps for approval:
a) Provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and
distribution of any documents or materials compiled or produced.
b) ECOLOGY reviews draft copy and reserves the right to require changes until satisfied.
c) 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, such as a refrigerator magnet with a
message as well as media announcements, and any other online communication products such as Web pages, blogs, and
Twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT must provide a complete description
including photographs, drawings, or printouts of the product that best represents the item.
RECIPIENT shall include time in their project timeline for ECOLOGY's review and approval process.
RECIPIENT shall acknowledge in the materials or documents 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 shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an
extension has been approved by ECOLOGY. 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
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Agreement No: WQSWCAP-1517-Edmond-00056 Page 21 of24
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
property, 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 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:
a. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
b. 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.
W QS W CAP -1517 -Edmond -00056
Agreement No: WQSWCAP-1517-Edmond-00056 Page 22 of 24
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
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
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
W QSWCAP-1517-Edmond-00056
Agreement No: WQSWCAP-1517-Edmond-00056
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
recycled paper.
For more suggestions visit ECOLOGY's web page: Green Purchasing, http://www.ecy.wa.gov/programs/swfa/epp.
27. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
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.
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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. 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.
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
WQS W CAP- l 517 -Edmond -00056
Agreement No: WQSWCAP-1517-Edmond-00056
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
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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
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.
W QS W CAP -1517 -Edmond -00056