Loading...
HomeMy WebLinkAbout000290 Original ContractMarch 8, 2012 Ms. Helen Freilich City of Port Angeles PO Box 1150 Port Angeles, WA 98362 RE: Coordinated Prevention Grant No. G1200358 Dear Ms. Freilich: The enclosed executed grant agreement provides up to $160,500 in matching funds to the City of Port Angeles to implement the tasks outlined in the agreement. The 2012 -2013 grant cycle guidelines for the Coordinated Prevention Grants (CPG) program and the Yellow Book, also known as Ecology's Administrative Requirements for Recipients of Ecology Grants and Loans (WDOE 91 -18, revised September 2005), provide necessary guidance in managing your grant. These booklets are available electronically at the following Internet addresses: http: /www.ecy.wa.gov /pubs /1107008.pdf (2012 -2013 CPG Program Guidelines) http: /www.ecy.wa.gov /pubs /9118.pdf As outlined in Chapter 5, pages 22 -28 of the grant guidelines, you must maintain a file of all grant- related information throughout this grant period. Establishing and maintaining a complete grant file will help to document your progress for reporting and accounting purposes, and will protect you in an audit situation. Starting last cycle, submitting requests for reimbursement went "green" (as much as possible, anyway). Pages 23 -24 of the guidelines, provides a clear outline of a complete payment request. Progress reports are submitted on -line through the Solid Waste Information Clearinghouse (see pages 26 -28). I look forward to working with you. Please contact me anytime for assistance at (360) 407 -6612 or via e- mail at tami. ramsev Sincerely, (24k4, STATE OF WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47775 Olympia, Washington 98504 -7775 (360) 407 -63001 Tami M. Ramsey Southwest Region CPG Grants /Project Manager Waste 2 Resources Program Enclosure COORDINATED PREVENTION GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF PORT ANGELES Grant No.: G1200358 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 City of Port Angeles, hereinafter referred to as the RECIPIENT, to carry out the activities described herein. JURISDICTION: City of Port Angeles MAILING ADDRESS: P.O. Box 1150 CITY, STATE, ZIP: Port Angeles, WA 98362 RECIPIENT GRANT COORDINATOR: Helen Freilich TELEPHONE: 360- 417 -4874 FAX: 360- 452 -4972 E -MAIL: hfreilich @cityofpa.us RECIPIENT BILLING/INVOICE COORDINATOR: Helen Freilich TELEPHONE: 360-417-4874 FAX: 360 452 -4972 E -MAIL: hfreilich @cityofpa.us ECOLOGY GRANT OFFICER: Tami Ramsey TELEPHONE: 360 -407 -6612 FAX: 360 407 -6305 E -MAIL: tami.ramsey @ecy.wa.gov FUNDING SOURCE Local Toxics Control Account MAXIMUM ELIGIBLE COST $214,000 STATE GRANT SHARE $160,500 LOCAL SHARE $53,500 STATE MAXIMUM GRANT PERCENT 75 FEDERAL TAX IDENTIFICATION NO. 91- 60001266 EFFECTIVE DATE OF THE AGREEMENT 01 -01 -2012 EXPIRATION DATE OF THE AGREEMENT 06 -30 -2013 RECEIVED FEB 14 2012 WA State Department of Ecology (SWRO) Grant No. G1200358 City of Port Angeles Page 2 of 19 PART 1: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT'S activities to be performed under this agreement. Costs are limited to those approved by ECOLOGY as outlined in the scope of work and budget. The RECIPIENT must complete all deliverables by the expiration date of this agreement, including delivery of purchases, unless otherwise stated in the scope of work or approved by ECOLOGY in writing. Note: The term "task" as used in this agreement is interchangeable with the term "project" as used on the online Solid Waste Information Clearinghouse and "element" as used on payment request forms. The term "sub- recipient" as used in this agreement references the third party in a contract with RECIPIENT that performs any activity in a task's scope of work on behalf of the RECIPIENT. The "Maximum Eligible Cost" is the maximum amount of eligible costs incurred by a RECIPIENT that ECOLOGY can reimburse at a rate of 75 percent under this agreement. The RECIPIENT shall identify the work plan, deliverables, and activities by "Quarter A quarter is defined by calendar year and begins with the first three months of the grant period. The RECIPIENT may negotiate changes to the work plan directly with the ECOLOGY grant officer; no formal amendment is required to change the work plan. Both parties shall document mutually agreed changes in their grant file. CATEGORY: MODERATE RISK WASTE (MRW) 1. TASK TITLE: MRW OPERATIONS Maximum Eligible Task Cost: $180,000 Activity 1- MRW Management Description: RECIPIENT will use an existing contract with Waste Connections, Inc. to operate of the MRW Facility located at the Regional Transfer Station in Port Angeles as operations are identified in the facility's operation's plan. RECIPIENT may promote the program through various media and sources including but not limited to newsprint, radio, websites, presentations to schools and community groups, facility tours, direct mailings, and informational booths at local community events. As of January 1, 2013, expenses covered under the implementation of the Mercury Containing Lights Law (Chapter 70.275 RCW), will not be eligible for CPG reimbursement. Consult your grant officer for more information. RECIPIENT staff may participate in trainings, workshops and or affiliations in order to stay current with emerging solid waste issues. Reimbursement for costs incurred by contractors to implement CPG funded activities identified under this task are subject to the same eligibility and reimbursement requirements as the RECIPIENT, and require grant officer approval. Work Plan, Deliverables and Activities Timeline: Q1, Q5 Facility operations, outreach at Home Show and Kids Fest Grant No. G1200358 City of Port Angeles Page 3 of 19 Q2, Q4, Q6 Facility operations, advertise Q3 Facility operations, outreach at County Fair Activity 2 Business Hazardous Waste Clearinghouse Description: RECIPIENT shall enter into a new contract for assistance in the development of an on -line hazardous waste disposal database that is intended to support conditionally exempt small quantity generator businesses in Clallam County to properly dispose of waste. In accordance with Part 4 Special Terms and Conditions, Sections F. and G., the RECIPIENT shall submit a copy of the signed contract to the grant officer for review prior to grant officer approval for reimbursement of contractor costs. The grant officer shall provide in writing, a determination of proposed products and services eligible for reimbursement under this task, and will identify the supporting documentation RECIPIENT is required to submit. RECIPIENT may promote the program through various media and sources including but not limited to newsprint, radio, websites, presentations, facility tours, direct mailings, and informational booths at local community events. Work Plan, Deliverables and Activities Timeline: Q1 Q3 Hire contractor, develop and implement resource Q4, Q5 Promote and Educate Q6 Administration Reimbursement for costs incurred by contractors to implement CPG funded activities under this task are subject to the same eligibility and reimbursement requirements as the RECIPIENT, and require grant officer approval. The following activities and associated costs are identified as generally meeting the CPG program eligibility requirements. Invoices submitted with the RECIPIENT's request for reimbursement must support eligible costs. Staff time o Program development o Monitor contracts o Develop and distribute educational materials o Education outreach Purchases and purchased services o Costs related to developing educational material o Advertising costs o Recycling and disposal services of collected material o Operations costs Grant No. G1200358 City of Port Angeles Page 4 of 19 Contract services o In accordance with Part 4 Special Terms and Conditions, Section F. c), the grant officer shall review proposed contracts in order to determine the eligibility of proposed products and services, and will identify for RECIPIENT in writing, the documentation required for cost reimbursement. o Waste Connections o PSC o No other contractors are identified under this task Goal Statement: The goal of all activities under this task is to provide a convenient and safe disposal option to residents and businesses of Clallam County, diverting hazardous waste from the environment. Outcome Statement: Over the 18 month grant period, RECIPIENT expects to divert 81 tons of hazardous waste from 900 residential participants; and the clearinghouse to be implemented serving 200 businesses where at least 50 will participate. Method of Evaluation: RECIPIENT will track the waste types and quantity transported from the MRW facility and report quarterly; RECIPENT shall report the number of facility customers from information provided by the contractor; RECIPIENT will track the number of businesses using the clearinghouse site, and track the number of completed transactions. CATEGORY: WASTE REDUCTION RECYCLING 2. TASK TITLE: WASTE REDUCTION RECYCLING PROGRAM Maximum Eligible Task Cost: $24,000 Activity 1 Business Waste Reduction Description: RECIPIENT will continue the business waste reduction and audit program, and may develop a business recognition program. RECIPIENT will focus on hospitals, apartment buildings, and other larger businesses this grant period. RECIPIENT will hire a new intern to assist with all aspects of this activity. RECIPIENT may promote the program through various media and sources including but not limited to newsprint, radio, websites, presentations, facility tours, direct mailings, and informational booths at local community events. RECIPIENT may develop and or update outreach kits and in accordance with Part 4 Special Terms and Conditions F. and G. of this agreement, may contract with a firm to do the work and promote the program as desired. Grant No. G1200358 City of Port Angeles Page 5 of 19 Work Plan, Deliverables and Activities Timeline: Q1 Advertise /solicit participants, hire intern Q2 Conduct waste audits, site visits, distribute posters, flyers, etc Q3 Follow up waste audits; evaluation Q4 Q6 No activity expected Activity 2 Residential Waste Reduction Outreach Description: RECIPIENT will continue participation in the on -line exchange program 2good2toss.com under this task. RECIPIENT will continue efforts to promote residential waste reduction and recycling opportunities to all Clallam County residents through phone announcements, websites, printed publications, utility bill inserts, newspaper and radio advertising, public presentations, and exhibits at special events. RECIPIENT will consider new advertising mediums such as bus advertising. Work Plan, Deliverables and Activities Timeline: Ql, Q5 Re- design and update City website; newspaper and radio advertising; design booth for local home show Q2, Q6 Promote Earth Day and Clallam Clean Up /Resource Recovery Day Q3 Renew membership in 2good2toss.com; bus advertising; publish public utility district newsletter Q4 Update info and advertise in the Dex Media Recycling and Garbage Guide; create December (holiday) utility bill insert Reimbursement for costs incurred by contractors to implement CPG funded activities under this task are subject to the same eligibility and reimbursement requirements as the RECIPIENT, and require grant officer approval. The following activities and associated costs are identified as generally meeting the CPG program eligibility requirements. Invoices submitted with the RECIPIENT's request for reimbursement must support eligible costs. Staff time o Program development o Monitor contracts o Develop and distribute educational materials o Education outreach Grant No. G1200358 City of Port Angeles Page 6 of 19 Purchases and purchased services o Costs related to developing educational material o Advertising costs o Intern Contract services o No contractors are identified under this task o In accordance with Part 4 Special Terms and Conditions, Section F. c), the grant officer shall review proposed contracts in order to determine the eligibility of proposed products and services, and will identify for RECIPIENT in writing, the documentation required for cost reimbursement. Goal Statement: The goal of this task is reduce waste and increase recycling in Clallam County. Outcome Statement: Over the 18 month grant period, eight (8) business participants and an overall 4% increase in the recycle rate from the current 19% to 23 Method of Evaluation: RECIPIENT will track recycling from facilities and programs and compare it to 2010 data; and will track the number of business participants. CATEGORY: ORGANICS 3. TASK TITLE: ORGANICS PROGRAM Maximum Eligible Task Cost: $10,000 Task Description: RECIPIENT will continue the Master Composter Volunteer Program. Master Composters assist RECIPIENT staff at events throughout the year. They also make presentations at school and after school programs, and coordinate with the WSU Master Gardener Program to present programs at their outreach events. This grant cycle the Master Composters will also be asked to provide technical assistance and oversight of compost bins at seven (7) schools in the area. The RECIPIENT will promote these opportunities through various media outlets such as advertising at community events, county website, mailings, and press releases. The following activities are identified as generally meeting the CPG program eligibility requirements for this task. Invoices submitted with the RECIPIENT's request for reimbursement must support eligible costs. Staff time o Provide outreach, implement task Purchases o Advertising o Costs related to development of outreach material o Supplies (grant officer prior approval is recommended0 BUDGET BY TASK Maximum Eligible Cost MRW 180,000 1. MRW OPERATIONS 180,000 WRR 24,000 2. WASTE REDUCTION RECYCLING PROGRAM 24,000 ORG 10,000 3. ORGANICS PROGRAM 10,000 TOTAL MAXIMUM ELIGIBLE COST 214,000 STATE SHARE (75 160,500 LOCAL CASH MATCH (25 53,500 INTERLOCAL COSTS (0 6 Grant No. G1200358 City of Port Angeles Page 7of19 Goal Statement: The goal of this task is to increase backyard composting and to encourage use of the local compost facility. Outcome Statement: Over the 18 month grant period, RECIPIENT expects to divert 23 tons of organic material through 250 residential contacts. Work Plan, Deliverables and Activities Timeline: Q1, Q5 Q2, Q6 Present workshops at local garden centers, participate in Earth Day celebrations Contract services o No contracts are identified Plan workshops for coming year; staff booth at home show (Port Angeles), garden show (Sequim) Q3 Staff booths at farmer's markets, county fair; participate in special Master Gardener outreach events in Forks and other outlying areas Q4 Conduct training Method of Evaluation: RECIPIENT will track number of workshops and classes presented, and track number of participants in each. PART 2: BUDGET Grant No. G1200358 City of Port Angeles Page 8of19 PART 3: BUDGET CONDITIONS A. ECOLOGY requires the RECIPIENT to provide a match of 25 percent of the maximum eligible cost with cash or interlocal costs. Interlocal costs are the only type of in -kind contributions the RECIPIENT may use as match. B. If parties are contributing to the local share of task costs (match) through interlocal -in kind contributions, the RECIPIENT shall negotiate a memoranda of understanding or other written agreement confirming the contribution between the parties. These agreements shall specify the exact work to be accomplished and be signed by all parties contributing to the local match of this task. Copies of these agreements shall be made part of the RECIPIENT'S grant file and submitted to ECOLOGY. C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent on tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are eligible (excluding time spent to write a grant application). D. The RECIPIENT must submit a written request to ECOLOGY to amend budgets between grant tasks, to modify a scope of work, or for a budget increase or decrease. To increase or decrease the agreement's total maximum eligible cost or change the scope of work for any tasks as outlined in this grant agreement, ECOLOGY requires a formal amendment. E. The RECIPIENT must provide ECOLOGY with an updated Spending Plan when requested by ECOLOGY. F. Any work performed or costs incurred prior to the effective date or after the expiration date of this agreement will be at the sole expense of the RECIPIENT. PART 4: SPECIAL TERMS AND CONDITIONS A. BILLING 1. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a payment request to ECOLOGY at least quarterly (by calendar year), but no more often than once per month. 2. The RECIPIENT must submit payment requests on approved State Invoice Voucher forms: A19- 1A, B1 /B2, Cl/C2. Until there is a change in agency policy, the recipient must submit an A -19 signed in blue ink by an authorized person. The B2 and C2 forms are acceptable in electronic format. The RECIPIENT must also include all backup documentation to support costs itemized on Form CI /C2. The budget is organized by task and therefore, the RECIPIENT shall itemize costs by task on Form C1 /C2 and Form B1/B2. Forms B1 and Cl are used only when interlocal costs are used towards the 25% match. 3. Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity, as required by ECOLOGY'S Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication #91 -18. Grant No. G1200358 City of Port Angeles Page 9 of 19 4. Payment to RECIPIENT will be issued through Washington State's Office of Enterprise Services (DES). DES maintains a central vendor file for Washington state agency use to process vendor payments. This allows vendors to receive payments from all participating state agencies. RECIPIENTS must register as a state -wide vendor (SWV) by submitting a state -wide vendor registration form and an IRS W -9 form (www.ofm.wa.gov /isd /vendors /pavee registration.doc) to DES. If you have questions about the vendor registration process you can contact DES at the Payee Help Desk at (360) 664 -7779 or email to paveehelvdesk @ofm.wa.gov. B. REPORTING 1. The RECIPIENT shall submit a progress report with each payment request but no less often than quarterly unless otherwise approved by ECOLOGY. 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. 2. RECIPIENT's must submit a final report of task outcomes through the Solid Waste Information Clearinghouse. The final report must be submitted before ECOLOGY can process a final payment request. C. DOCUMENTATION a. Final Performance Analysis (FPA) reports are used for all Planning and Implementation tasks and special tasks in a solid waste enforcement grant (special tasks do not include regular solid waste enforcement work such as enforcing solid waste codes). b. For Solid Waste Enforcement tasks, recipients must submit their final quarterly solid waste enforcement progress report. 1. The RECIPIENT shall submit supporting documents with each payment request. This includes cancelled checks, invoices, purchase receipts, payroll records, time and attendance records, contract award documents, and any document deemed relevant by ECOLOGY to establish the approval of an expense itemized on Form C1 /C2. Documentation shall be clear and legible and organized by task in the order in which it is itemized on Form C1 /C2. 2. The RECIPIENT shall maintain in a common file, grant related material and supporting documents including invoice vouchers sent to ECOLOGY. The Recipient shall keep all supporting documents for audit purposes for at least three years from the date the agreement is closed by ECOLOGY. 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. D. TRAINING The RECIPIENT agrees to participate in any ECOLOGY recommended trainings related to managing a CPG agreement. Grant No. G1200358 City of Port Angeles Page 10 of 19 E. 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. MMWBE 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). 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. F. 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. c) Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy of the draft proposed contract to ECOLOGY'S grant officer for review. Following the contract execution, the RECIPIENT shall submit a copy of the final contract to ECOLOGY's assigned grant officer. g) Grant No. G1200358 City of Port Angeles Page 11 of 19 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 ECOLOGY 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 ECOLOGY prior to the purchase. G. 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 plans to use contracts entered into prior to the execution of the grant agreement for performance of grant funded activities. The RECIPIENT shall submit a copy of the signed 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. H. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION For equipment or property purchased with a cost of at least $5,000 per unit or functional system, the RECIPIENT must utilize an inventory control system, including physical inventory to document the ongoing use, a description of the item (including serial or vehicle identification number [VIN] when possible), and location. This information shall be submitted to ECOLOGY upon request until final disposition is made. The RECIPIENT shall investigate, document, and report to ECOLOGY any loss, theft or damage upon discovery of such conditions. The RECIPIENT will follow manufacturer recommended maintenance procedures to keep the property in good operating condition. The RECIPIENT shall 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 ECOLOGY and documented in writing. A copy of the determination will be provided to the RECIPIENT upon ECOLOGY's closure of the grant agreement unless already identified in the task's scope of work. o If the equipment is necessary for the continued operation of the project or other projects administered through ECOLOGY, the grant officer may instruct the recipient to retain the equipment with no further compensation to ECOLOGY. o If the project has no further significant use for the equipment, the grant officer may instruct the recipient to retain or sell the equipment and pay ECOLOGY an amount equal to ECOLOGY's share of the current fair market value, sale proceeds or other price agreed upon by the grant officer. o The grant officer may instruct the recipient to transfer title to ECOLOGY or to a third party named by ECOLOGY who is eligible under existing statutes. I. ALL WRITINGS CONTAINED HEREIN This agreement, including the "General Terms and Conditions," Program Guidelines Coordinated Prevention Grants 2012 -2013, and ECOLOGY'S Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication #91 -18, contain the entire understanding between the parties, and there are no other understandings or representations Grant No. G1200358 City of Port Angeles Page 12 of 19 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. J. 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). K. ENVIRONMENTALLY PREFERRABLE PURCHASING In a joint effort to save costs, produce energy savings and prevent waste, the RECIPIENT agrees to use both sides of paper sheets for copying and printing. The RECIPIENT also agrees to purchase paper products with a high level of post consumer recycled content whenever it is comparable in quality, availability and price. PART 5: GENERAL TERMS AND CONDITIONS A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor /consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE /CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. Grant No. G1200358 City of Port Angeles Page 13 of 19 E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall 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 comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he /she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. 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. Grant No. G1200358 City of Port Angeles Page 14 of 19 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 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Recipients of Ecology Grants and Loans part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant /loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. Grant No. G1200358 City of Port Angeles Page 15 of 19 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. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section 0 herein. Grant No. G1200358 City of Port Angeles Page 16 of 19 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 DEPARTMENT's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. Grant No. G1200358 City of Port Angeles Page 17 of 19 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 In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more information, see www.ecy.wa.gov /sustainability. 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. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. Grant No. G1200358 City of Port Angeles Page 18 of 19 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. Grant No. G1200358 City of Port Angeles Page 19 of 19 V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans and (e) the General Terms and Conditions. IN WITNESS WHEREOF, the parties sign this Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY yP r� /Z a,t,c4Azji- caro-6 Laurie G. Davies Date Program Manager Waste 2 Resources Program Signaato 2/1L66rn2/ Printed Name and APPROVED AS TO FORM ONLY Assistant Attorney General CITY OF PORT ANGELES 21k hL Date C e?t,. ER- Title of Signatory PROCUREMENT CERTIFICATION FORM Recipient: CITY OF PORT ANGELES Grant Name: COORDINATED PREVENTION GRANT Grant No.: G1200358 The undersigned, on behalf of the RECIPIENT, certifies that the RECIPIENT: (RECIPIENT check and complete one of the following) will follow RECIPIENT's own adopted procurement procedures and applicable state law in procuring grant related public works contracts, professional and personal services contracts, and purchase agreements. The procurement procedures were adopted (date) by (adopting authority) and are recorded in (document name). having no applicable, adopted procurement procedures, will follow the Standards for Competitive Solicitation found in the Administrative Requirements for Ecology Grants and Loans, WDOE 91 -18 (Revised September 2005) (AKA the "Yellow Book and applicable state laws in procuring grant related public works contracts, professional and personal services contracts, and purchase agreements. 3 —i2_ LEGAL COUNSELS GNAT RE DATE C ;l TITLE AUTHORIZED Sl"GNATURE DATE Pn,eL419 Tv iS LI(1 ki0 rocs t TITLE Yeit t-