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HomeMy WebLinkAbout000769 Original ContractI_amino= 0 INT90T, ro F."I I I I I I STA[F OF /AS FUNGION DEPARTPA[�NITOF FI("(-'X('-")GY PO Box 47600 e Olympia, WA 98504-7600 a 360-407 6000 711 for Waslyin Y gton R(Jay Service @ Persons wilb a speec h disability can call 827-833-63,41 Enclosed is your fully -signed original of the agreement for Local Source Control Partnership Secondary Containment. Please let me know if you have questions about the agreement. Jeffrey Gutschmidt, 425-649-7280, can answer technical questions about secondary containment. T ank you, y Donna Allen Budget Manager Hazardous Waste &'foxics Reduction Program 360-407-6561 RECEIVED MAY 2 2014 .-HQ I A 1, 0 VVA S P',u10 N HWTR I - PA I NA I i,,H ()a 1 1'i " () I Ile Bo v 476(0 WA W604-7000 s 360-407-6000 711 f0i W&,hinglem Rvk�yNervue a Per"on" with a Npvel� 1; c'm (dN3,7 , 8, 6 "? -11 April 28, 2014 Jeff Young City of Port Angeles 321 Fifth Avenue Port Angeles, WA 98362 Dear Mr. Young: RE: Contract No. C1400176 In consideration for your agreement to participate in the Local Source Control Partnership (LSCP) Secondary Containment Voucher Project (SCVP), SCVP), Ecology will reimburse you a maximum of $4,750. This agreement begins on the date of Ecology's signature and ends on June 30, 2015. It is understood that you are not an employee or agent of the Department of Ecology. As part of the SCVP, you will directly reimburse each small quantity generator business that elects to purchase and install appropriate secondary containment at their facility. Each business' purchase will be approved and verified by your LSCP specialist, who will complete the attached SCVP voucher (Attachment A). The maximum reimbursement to each business will be 75 percent of the purchase cost not to exceed $225, limited to one voucher per business. Ecology will process quarterly reimbursement requests from your jurisdiction following receipt of a completed state invoice voucher form A19 -1A (template attached) and a copy of each completed and signed secondary containment voucher with a copy of the business' purchase receipt attached. The source of funds for this agreement is the EPA Watershed Protection and Restoration grant Catalog of Federal Domestic Assistance Number 66.123 Nearshore Estuary Program (NEP) Watershed Protection and Restoration grant PC-OOJ27601 -0. As a Sub -Recipient of federal funds, City of Port Angeles agrees to comply with all applicable federal, State and local laws, rules, and regulations in carrying out the terms and conditions of this Agreement as set forth in Attachment B, attached hereto, and incorporated herein. 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 State of Washington, Department of Ecology Contract No. C1400176 effective date and prior to 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 restrictions. If this agreement is acceptable, please sign all three letters and return them to Donna Allen at the letterhead address. This letter, when signed by all parties, constitutes the entire agreement between us. Sincerely, Ken Zarker Section Manager This agreement is executed by the persons signing below, who warrant they have authority to execute the agreement. L 4- §ignatljre Date Ken ZAe�r, Section Manager Hazardous Waste & Toxics Reduction Program Department of Ecology Attachments: Secondary Containment Voucher (Attachment A) Federal Terms & Conditions (Attachment B) A 19-1 A Invoice template Approved as to fon-n only. Assistant Attorney General Page 2 Signature Date' Print Name: Vic V r-4-1 City of Port Angeles Attachment A Secondary Containment VOUCHER for Small Businesses Your Local LSC Program named here Date Issued Voucher Expiration Date ATTACH COPY OF PAID INVOICE - REQUIRED FOR REIMBURSEMENT BY LOCAL SOURCE CONTROL PROGRAM LOCAL VOUCHER PROGRAM REPRESENTATIVE - COMPLETE THIS SECTION Voucher issued to Business Site Address Business Contact Name / Phone / Email Field Representative Name / Phone / Email Secondary Containment Purchased from Total Cost of Containment Equipment (including tax and delivery) AMOUNT OF REIMBURSEMENT (maximum of 75% of purchase costs NOT TO EXCEED $225) Business Owner/ Manager Signature Date SMALL BUSINESS REPRESENTATIVE - COMPLETE THIS SECTION Local Jurisdiction Logo Here 1 certify that the secondary containment equipment provided through this program is on site at the business address above and is being used as intended, as secondary containment for site -generated materials. I agree to continue this use for the lifetime of the equipment as long as 1 own/operate this business. LOCAL VOUCHER PROGRAM REPRESENTATIVE - COMPLETE THIS SECTION LSC Specialist / Partner Verification of equipment at business Date I certify that the secondary containment equipment provided through this program is on site at the business address above and is being used as intended, as secondary containment for site -generated materials. Attachment A This fully completed voucher qualifies an eligible Small Quantity Generator (SQG) business for reimbursement of 75% of costs expended by the business to purchase eligible secondary containment equipment / materials as described below, up to a maximum of$22Sfor each business site. Funds are limited and are subject toannual budgetary approval. Vouchers will hedistributed bvthe jurisdiction inwhich the business exists, in accordance with local program criteria and procedures on a first-come, first-served basis as long as budgeted funding lasts. The Local Source Control Specialist will provide alist mfregional vendors that supply chemically compatible secondary containment equipment. This list is based upon best known available prices at the time. ELIGIBILITY CRITERIA Tobeeligible forreinnburuementthoou8hthe5[lGSecondaryCnntainmentVouoherProgran\apartidpantnnust: � Beequalified GQG located within the service area of the local jurisdiction administering this program. SQG definition = Generate less than 220 lbs of hazardous waste per month or 2,000 lbs per year. 0 Generate on site, the materials or wastes that will be held by the secondary containment. 0 Receive an on-site visit from an authorized Local Source Control Specialist. * Agree to implement Best Management Practices provided by the Specialist in order to prevent pollution. 0 Not be in imminent jeopardy of enforcement actions or criminal investigations by any state or federal agency. Reimbursement costs must be authorized and verified by a Local Source Control Specialist as declared on the front of this voucher. No exceptions. SQGBUSINESS RESPONSIBILITIES The business is responsible to pay the full amount owed to the equipment provider. The local jurisdiction will, after verification, reimburse the business for 75% of the equipment cost, up to a maximum of $225, consistent with the jurisdiction's payment procedures, but will not be responsible for service late charges or failure by the business to pay the provider. This voucher expires nnthe date noted nnreverse side. |fnoexpiration date isnoted, this voucher expires six months from issue date. By participating in the SQG Voucher Program, the business agrees to continue to manage its,materials and wastes through on- site waste reduction, waste recycling, and treatment and/or disposal practices that prevent pollution. Upon request, the business will allow site visits by the local jurisdiction representative during normal business hours. The local jurisdiction assumes no liability of any nature for the acquisition, installation, use, or failings of the secondary containment equipment. For questions or inquiries about the voucher program — contact the local jurisdiction representative listed on the front of this voucher. ffTACHMENT B: FEDERAL PROVISIONS 'he Sub -Recipients shall comply with all applicable federal, State, and local laws, rules, and regulations in carrying out the ;rms and conditions of this Agreement. LDMINISTRA,rIVE CONDITIONS Cost Principles Sub -Recipient agrees to comply with the cost principles of the below listed federal regulations are applicable as appropriat to this award. 2 CFR 225 (A-87) for State, Local, and Indian Tribal Governments 2 CFR 220 (A-21) for Educational Institutions 2 CFR 230 (A-122) Nonprofit Organizations FAR 31.2 for Commercial Organizations An electronic copy of all the Circulars and applicable CFR's may be obtained via the OMB Home Web page at h_ttp_-.//www.wliitehou�iu.gov/oi,Tib/circulars default/. Unless otherwise indicated, the Cost Principles apply to the use of funds provided under this Agreement and In-kind matching donations. The applicability of the Cost Principles depends on the type of organization incurring the costs. Audit Requirements The Sub -Recipient shall fully comply with requirements of OMB Circular A-133, 'Audits of States, Local Governments, and Non -Profit Organizations, if applicable. Hotel -Motel Fire Safety Act Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, Sub -Recipient agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended. Sub -Recipient may search the Hotel - Motel National Master List at: litti)://www.usfadlis, �ov�ap ilications/hotel to see if a property is in compliance (FEMA ID is currently not required), or to find other information about the Act. Recycled Paper Inslitutions f" ,t gher Education Hospitals and Non -Profit 0rgani,?,Wti011N ........... .. In accordance with 40 CFR 30.16, Sub -Recipient agrees to use recycled paper and double -sided printing for all reports which are prepared as a part of this Agreement and delivered to EPA. This requirement does not apply to reports prepared on forms Supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. Viette Agencies and folific,al Subdh,isions In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $ 10,000 or where the quantity of such iterns acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchases of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in.4� CFR 247. ,Vate and Local Instilulions of Higher Education and Non­1rqfY Organizations - . .... ...... .. . . . ......... . . ....... ............... .. .. , — '__, - . ........ ... , __ - ____ . ....... .. . ........ . ...... .... . ...... . ....... .. In accordance with 40 CRF 30.16, State and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines. Mate 7 Hbal and Local Governinent Re(,41)ients .. . .. . ............ . ...... . .... . ......... . ... ....... ..... ... . ... ... ..... . ...... ... In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), SUb-Recipient agrees to use recycled paper and double sided printing for all reports which are prepared a part of this Agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. Lobbying Sub-Recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying Sub-Recipient shall include the language of this provision in award documents for all sub-awards exceeding $100,000, and require that sub-awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under `Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $ 100,000 for each expenditure. I'art 30 Recil)ienfs All contracts awarded by Sub-Recipient shall contain, when applicable, the anti-lobbying provisions as stipulated in the Appendix at Title 40 CFR Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, Sub-Recipient affirms that it is not a non-profit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a nor-profit organization described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. Lobb.ving and LitiAnition . ....... . . Sub-Recipient's chief executive officer shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the federal Government or in litigation against the United States unless authorized under existing law. Sub- Recipient shall abide by its respective OMB Circular (A-21, A-87, or A-122), which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other political activities. Suspension and Debarment Sub-Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled 'Responsibilities of Participants Regarding Transaction (Doing Business with Other Persons)'. Sub-Recipient is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled 'Covered Transactions', includes a term or condition requiring compliance with Subpart C. Sub-Recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Sub-Recipient acknowledges that failing to disclose the information as required at 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Sub-Recipient may acces,' the Excluded Pat-ties List System at: lit,tp.;L/mKww.epLls ov. This term and condition Supersedes EPA Form 5700-49, 1,g� `Certification Regarding Debarment, Suspension, and Other Responsibility Matters'. Drug-Free Workplace Certification Sub-Recipient must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200-36.230. Additionally, in accordance with these regulations, Sub-Recipient organization must identify all known workplaces under its federal award; and keep this information on file during the performance of the award. Sub-Recipients who are individuals must comply with the drug-free provisions set forth in Titl( 40 CFR 36.300. The consequences for violating this condition are detailed under Title 40 CFR 36.510. Sub-Recipients cai access the Code of Federal Regulations (CFR) Title 40 Part 36 at: http://www.access po.ggy/n, i/cf1Lwajsidx 06/40cfl-36 06.11ni'l1 Management Fees Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the scope of work. Reimbursement Limitation If Sub-Recipient expends more than the amount of federal funding in its approved budget in anticipation of receiving additional funds, it does so at its own risk.. The Federal Government is not legally obligated to reimburse Sub-Recipient fol costs incurred in excess of the approved budget. t, Trafficking in Pei -sons The following prohibition statement applies to Sub -Recipient, and all sub-awardees of Sub -Recipient. Sub -Recipient must include this statement in all sub -awards made to any private entity under this Agreement. "YOU AS TELE SUB -RECIPIENT, YOUR EMPLOYEES, SUB-AWARDEES UNDER THIS AWARD, AND SUB-AWARDEES'EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS DURING THE PERIOD OF TIMETHAT THE AWARD IS IN EFFECT; PROCURE A COMMERCIAL SEX ACT DURING THE PERIOD OF TIME; THAT THE AWARD IS IN EFFECT; OR USE FORCED LABOR IN THE PERFORMANCE OF THE AWARD OR SUB -AWARDS UNDER THIS AWARD." 1. DUNS and CCR Requirements Unless otherwise exempted from this requirement under 2 CFR 25.110, Sub -Recipient must maintain the currency of its information in the CCR until submission of its final financial report required Linder this Award or receive the final payment, whichever is later. Sub -Recipient may not make a sub -award to any entity unless the entity has provided its DUNS number to Sub -Recipient. 2. FY2011 ACORN Funding Restriction No funds provided under this Agreement may be used for sub-awards/sub-grants or contracts to the Association of Community Organizations for Reform NOW (ACORN) or any of its subsidiaries. 3. Disadvantaged Business enterprise Requirements, General Compliance Sub -Recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. 4. Sub -Awards If Sub -Recipient makes sub -awards Linder this Agreement, Sub -Recipient is responsible for selecting its sub-awardees and. if applicable, for conducting sub -award competitions. Sub -Recipient agrees to: 1. Establish all sub -award agreements in writing; 2. Maintain primary responsibility for ensuring successful completion of the approved project (SUB-RECIPIENTCANNOT DELEGATE OR TRANSFER THIS RESPONSIBILITY TO A SUB-AWARDEE). 3. Ensure that any sub -awards comply with the standards in Section 210(a) -(d) of OMB Circular A-133, and are not used to acquire commercial goods or services for the sub-awardee. 4. Ensure that any sub -awards to 501(c)(4) organizations do not involve lobbying activities; 5. Monitor the performance of sub-awardees, and ensure sub-awardees comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub -award; 6. Obtain Ecology's consent before making a sub -award to a foreign or international organization, or a sub -award to be performed in a foreign country; and 7. Obtain approval from Ecology for any new sub -award work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. 5. FY12 APPR ACT: Unpaid Federal Tax Liabilities and Federal Felony Convictions This award is subject to the provisions contained in the Department of Interior, Environment, and Related Agencies Appropriations Act, 2012, HR 2055, Division E, Sections 433 and 434 (sections 433 and 434) regarding unpaid federa tax liabilities and federal felony convictions. Accordingly, by accepting this award the recipient acknowledges that it: (1) is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal conviction under any Federal law within 24 months preceding the award, unless EPA has considered suspension or debarment of the corporation, or such officer or agent, based on these tax liabilities or convictions and determined that such action is not necessary to protect the Government's interests. If the recipient fails to comply with these provisions, EPA will annul this agreement and may recover any funds the recipient has expended in violation of sections 433 and 434." 'ROGRAMMATIC CONDITIONS Semi -Annual Performance Reports Consistent with 40 CFR §35.115 and EPA Order 5700.7, the sub -recipient will submit performance reports using the Financial and Ecosystem Accounting Tracking System (FEATS) form every six (6) months during the life of the project. The FEATS form will be provided to the sub -recipient by the Ecology Project Manager. The reporting periods shall end March 31 st and September 30th of each calendar year. Reports shall be submitted on or before April 15th and October 15t1 of each calendar year to the Ecology Project Manager. It is preferred that reports be submitted by electronic mail. In accordance with 40 CFR Part 30.51(d) and 40 CFR Part 31.40, as appropriate, the sub -recipient agrees to Submit performance reports that include brief information on each of the following areas: (a) A comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement worl, plan and sub -awards for the period. (b) The reasons for slippages if established outputs/outcornes were not met. (c) Additional pertinent information, including when appropriate, analysis and information of cost overruns or hig] unit costs. In addition to the semi-annual performance reports, the sub -recipient shall immediately notify Ecology Project Manager of developments that have a significant impact on the award -supported activities. In accordance with 40 CFR Part 30.51(f) and 40 CFR Part 31.40(d), as appropriate, the sub -recipient agrees to inform the Ecology Project Manager as soon as problems, delays or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. Recognition of EPA Funding Reports, documents, signage, videos, or other media, developed as part of projects funded by this Agreement shall contain the following statement: "Tins PROJECT HAS BF,,I.-.,,N FUNDED WHOLLY OR IN PART BY THE UNITED STATES ENVIRONMEN,rAL PROTECTION AGENCY UNDER PUGET SOUND ECOSYSTEM RESTORATION AND PROTEC"ItON COOPERATIVE, AGRI-,"I..,"MEN']'GRANT 13C-OOJ201 01 WITH WASHINGTON DI.,,I)ARTMENToF, ECOLOGY. TI IE CONTENTS OF THIS 1)0(.'tJMI-"N'1'1)0 NOT NECESSARILY REFLECT THE VIEWS AND POIJCIES OF TI IE ENVIRONMENTAL PROTECTION AGENCY, NOR DOES MENTION Ot"IRAIM-l' NAMES OR COMMERCIAL PRODUCTS CONSTITUTE ENDORSEMENT OR RECOMMENDATION FOR USE." Copyrighted Material EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes. Ecology acknowledges that EPA may authorize another grantee to use copyrighted works or other data developed under this Agreement as a result of. a) the selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data or; b) termination or expiration of this agreement. Peer Review The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any significant technical products the Principal Investigator (PI) of this project must solicit advice, review and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Ecology Project Manager prior to releasing any final reports or products resulting frorn the funded Study. Quality Assurance. The RECIPIENT must first complete a Quality Assurance Project Plan (QAPP) waiver form (see littp--/L Llndk_)Obt,,D. Completing the waiver form may indicate that a detailed QAPP is required. Guideline,.s,,far Preparing Qii(ilityAssurance PrvjeciPlans jc)t-EniiroiinienialStudie,,S, call be found at ggy tAq_ litlff./L wW.g0vLbLblio/0403030.html. The RECIPIENT must submit a waiver or QAPP to Ecology's QA W_ _ Officer for review, comment, and final approval prior to conducting any work on the project (e.g., field measurements, sample collections, laboratory analyses, analysis of existing data, modeling). All relevant environmental data must be submitted to Ecology in EIM format (see Litjp.:,/�/yyw ec wa.gpv/eirq) unless specified otherwise by the QA Officer. Funding Availability. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal, of other sources is withdrawn, reduced, or limited in any way after the effective date and prior to 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 exercis( any of these options with no notification restrictions.