HomeMy WebLinkAbout001270 Original Contract City of Port Angeles
Record #001270 ��� < «„� DEPARTMENT� �. � it �a .
ECOLOGY
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Stat('-, of Washington 0/1
Agreement No. TC. A -201.4-PoACE -00022
TOXICS CLEANUP REMEDIAL ACTION GRANT PROGRAM AGREEMENT
BETWEEN
TFIE STATE OF WASHIN(;TC)N DEPARTMENT OF ECOLOGY
AND
CITY CIF,PORT ANGELES COMMUNITY AND ECONOMIC DEVELOPMENT
This is a binding Agreement entered into by and between the state of Washington,Department ofEcolo y,
hereinafter referred to as"I C OLO,CiScY,"and City of Port Angeles Community and Economic Development,
hereinafter referred to as the"RECIPIENT,"NT,"to carry out with the provided funds activities described herein.
GENERAL INFORMATION
Prraject Title: Western Port Angeles Harbor Ri./'FS
Total Cost: S 1,604,000 00
Total Eligible ible Cost: $444,444.00
Ecology Share: $399,999.60
Recipient;Share: $44,444.40
The l"ffective Date of this Agreement is: 03/01/2012
The Expiration Date of this Agreement is no later than: 06/30/201'7
Project Type: Oversight Remedial Action Grant
Project Short Description:
The City,in cooperation with other potentially liable parties proposes to conduct a remedial investigation and.
feasibility study for Western Wort Angeles Harbor. The RIFFS will focus on the sediments located below mean
higher high water(except in areas where this tidal level is covered by riprap or bulkheads where it will focus on
sediments below the toe of the riprap slope or bulkhead).,located west of the Rayonier Study Area and south of
the Ediz Hook spit.
Project Lon.6, Qescri tion:
HISTORY ICAC"KGFc.C)UND
Port Angeles Harbor(harbor)lies in the shelter of Ediz Hook,located on the Washington shoreline of the Strait
of Juan de Fuca(Strait).As summarized in(Cultural Resources Guidance for United States Coast Guard Croup
Part Angeles, Ediz Hook,Port Angeles, Clallam County,Washington(l.,arsen 2006),the spit developed in part
as a delta of the.Etwha River,along with shoreline erosion of glacially derived sediments.`rhe I Iarbor area
enclosed by the spit is a sediment depositional area, with net sedimentation rates ranging between approximately
State of Washington DeparUnent or Ecology Page 2 of 22
Agrectinent No: T(1'PRA-2014-PoACED-0(X)22
Rrowt'htle Western Port Angeles Harbor Rl(FS
Rmpient Narne: Cay of Port Angeles Community and Economic Development
11.14 and 2.5 centimeters(cm)per year("NewFields 2012).Erosion of soils from shoreline bluffs was a
significant sediment input to the Harbor prior to settlement and nearshore filling(Herrera 2011). In parts of the
Harbor,woodwaste inputs during the early to mid-1900s also appear to have been significant sediment sources.
The Harbor's industrial development began with sawmills and fish packing operations in the late 1800s. Typical
operations included saw mills,fish packing,bulk fuel facilities,pulp and paper mills,and other wood
processing-related operations. Other uses included the U,S,Coast Guard Station and marine shipping. In
general,waterfront industrial operations peaked in the 1950s and 1960s.
H I STORI C/CUR RENT CLEANUP AGREEMENTS
The Department of Ecology issued an Agreed Order to Rayonier Properties I.LC(Agreed Order No. DE 6815)
in 2010. Site boundaries have not yet been defined for this order. The Department of Ecology issued an Agreed
Order to Port of Port Angeles,Georgia-Pacific LI.C,Nippon Paper Industries USA Co.,Ltd., City of Port
Angeles,and Merril& Ring(Agreed Order No. DE978 1)in 2013 for the Western Port Angeles Harbor Site,
WESTERN PORT Al' HARBOR SITE
The Western Port Angeles Harbor cleanup effort is in progress. In 2012 Department of Ecology identified and
notified potentially liable parties. A majority of those parties are pursuing a proactive and collaborative
approach to harbor clean tip. Collectively they signed an Agreed Order with Department of Ecology in 2011
The agreed order will result in a remedial investigation and feasibility study.
SUMMARY OF PAs,r/PLANNED REMEDIAL ACTIVITIES
Significant investigation of sediments has already occurred in the Port Angeles Harbor. In 2008 the Department
of Ecology undertook a Harbor Sediments investigation. This resulted in a final report that was released in
December of 2012. In 2008 a substantial number of'creosote pilings were removed as part of the Puget Sound
Initiative. In 2013,the Western Port Angeles Harbor Group conducted Supplemental data collection and
prepared the Supplemental Data Collection Technical Memorandum(February 2014).
EXPECTED OUTCOMES/LANDUSE
The maJority of the shoreline properties around Port Angeles Harbor are zoned Industrial Heavy. The harbor is
one of the City's primary centers for economic development activity. Log ratting has occurred in many areas of
the Harbor. The largest area with current and historical log rafting and wood chip/sawdust barging activity is
located along the north side of inner Port Angeles I larbor,extending along the arm of Ediz Hook"(Ecology
2012a). Portions of this area have been leased by the Washington State Department of Natural Resources(DNR)
at one time or another to Rayonier,Nippon Paper Industries USA (Nippon)and predecessors,the Port,and Foss
Maritime. Log dump areas include a public log dump yard on the southern shoreline,and a Rayonier log dump
facility on the spit.Current major industrial operations include wood-related loading operations,
boatyard-related operations.
CONSULTANTAGREEMENTS
'The City has retained Integral Consulting as its technical consultant for harbor cleanup issues. To fulfill that
role, Integral first became familiar with the operational history and environmental studies in Port Angeles
Harbor. Integral attended technical meetings with Ecology regarding the Site. The firm also reviewed and
prepared comments on Ecology's draft Sediment Investigation Report and associated draft Supplemental Data
Evaluation,draft Preliminary Cleanup Goals report and draft Sediment Dioxin Source Study report. It is
anticipated that this firm will take on a substantial portion of the Remedial Investigation and Feasibility Study.
Overall Goal:
Tbe City, in cooperation with other potentially liable parties is conducting a remedial investigation and
feasibility study. The RI/FS will focus on the sediments located below the intertidal toe of the slope, located
west of the Rayonier Study Area and south of the Ediz Hook spit.The overall goal will be a comprehensive
approach to the cleanup of the Western Port Angeles Harbor
Version 10/3W.7015
State of Washington IX-party ent ad`Fcology Page 3 of 22
Agreement No I CPRA-2014-PoACED-00)22
Project T ittic Alesim Port Angeles Harbor RUES
Recipient Name Cay offlon Angeles Communny and Econornte Development
RECIPIENT INFORMATION
Organization Name.- City of Port Angeles Community and Economic Development
Federal Tax ID: 91-6001266
DUNS Number: 148355047
Mailing Address: P.O. Box 1150
Port Angeles,WA 98362
Physical address: 321 E Fifth St
Port Angeles, Washington 98362
Organization Email: n\VCst(4?,cit)(oJ`pa.us
Organization Fax: (360)417-4711
Contacts
Project Manager Nathan West
Director of Community and Economic Development
321 E. Fifth Street
Port Angeles, Washington 98362
Email: nwest(q),cityofpa.us
Phone: (360)417-4751
Billing Contact fraceylee Grooms
Accountant
321 East 5th Street
Port Angeles, Washington 98362
Email: tgrooms4,cityofpa.us,
Phone: (360)417-4602
AuthorUed Nathan A. West
Signatory Director of Community and Economic Development
321 E. Fifth Street
Port Angeles, Washington 98362
Entail: nwest(�Ocityofpams
Phone: (360)417-4751
Version W30/2(H5
State of Washington Departmmt of Ecology Page 4 of 22
Aguvatent No: [CPRA-2(.YI4-PoACI-I'l)-(B(X)22
Project Title, Weitem Pon Ang&s I]arbor RIA'S
Rwpwnt Name: City ofPort Angeles Community and Uconoiruc DevelopmLnt
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Toxics Cleanup
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Toxics Cleanup
300 Desmond Drive SE
Lacey, WA 98503
Contacts
Connie Groven
Project
Manager
P.O Box 47775
Olympia,Washington 98504-7775
Email: cgro461ecy.wa.gov
Phone: (360)407-6254
Dan Kororna
Financial
Manager
P.O. Box 47600
Olympia, Washington 98504-7600
Email: dkor461oaecy.wa.gov
Phone: (360)407-7187
1
Version 10/M(i 15
State oW&shington Department ot'Ecoogy Page 5 W'22
Agreement No '['CPR,,k-2!0�4-P(iA(:ED-f���)�)22
Project T Ale Western Port AngOcs I tam har RLTS
Recipwa Name Oty ufftri An Community and Economic Develop nwni
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and
conditions of this Agreement,Scope of Work,attachments,and incorporated or referenced documents,as well as all
applicable laws,statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the
RECIPIENT'has read,understood,and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties,and there are no other understandings or
representations other than as set forth,or incorporated by reference,herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing,signed
by authorized representatives of the RECIPIEN'Tand ECOLOGYand made a part of this agreement. EVOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF:the parties hereto,having read this Agreement in its entirety,including all attachments,do
agree in each and every,particular and have thus set their hands hereunto.
Washington State City of Port Angeles Community and Economic Developmet
Department of Ecology
By: ( to By:
Jim Pendowski Date Nathan A. West Date
Toxics Cleanup Director of Community and Economic Development
Program Manager
Template Approved io Form by
Attorney Gencial's Office
Verswn 10/30/2015
State of W&shinglon lkpar lent of acol vg y Pager,b cat"Z'1
AgrecnientNo 1'4:.`E'Pry-204-i'a,ACED-tl�t:P22
Project Titk Western Pon rM ngeies llarlaaaa RITS
Recipient Name! City ofbor¢AngOes C;cantrraunity and tawaMrcaomic DevOoprnent
Dan McKeen
Carty Manager Date
Nathan A. 'West,A1C P
Grant Administrator mm N Date
a eaaa l0/. Y201
State of Wasfungton D parloion of fcc>o y Page 7 of 22
Agreement No {(TRA-X014-PoACED-Qbt;)022
Prrriett Tate Western Peart AngeBes I lariacxr lit/ES
Recipient Nance: City of Port Angeles Community and Economic MNOoptnent
SCOPE OF WORK
Task Number: I 'Cask Cost: 5124,444.00
"Task Title: Assessments and Remedial Investigation(.1003)
_'task Description:
The City,in cooperation with other potentially liable,parties proposes to conduct a remedial investigation.The RI will
focus on the sediments located below the mean higher high water(except in areas where this tidal level is covered by
riprap or bulkheads where the RI will focus on sediments below the toe of the riprap slope or bulkhead), located west
of the Rayonier Study Area and south of the Ediz hook spit.'These sediments have been impacted by a variety of
historical operations. Typical costs under this task include planning and implementing site investigations,site
assessments,and remedial investigations. The tasks would include,but not be limited to: site characterization studies,
cultural resources,source control investigations,sampling and analysis,surveying,mapping,data management, EIM
data entry,public involvement,and project management costs necessary to conduct the investigations.
Task Goal Statement:
In cooperation withotherpotentially liable parties the city will conduct a remedial investigation.The overall goal will
be a comprehensive approach to the cleanup of the Western Port Angeles Harbor.
Task Eatpccted Outcome:
Assessments and remedial investigations will support the development ol`a comprehensive approach to the cleanup of
the Western Port Angeles Harbor.
Recipient Task Coordinator: Nathan West
Assessments and Remedial Investigation(JO03)
Dleliverables
Number Description Due Date
1.1 A Remedial Investigation Report. 06/30/2016
Version I(V30/2015
Sute ofWashiington Mpartment ifl:cology Page 8 of'22
Agreement No 'f'('PRA-2f,M14-PoA('El)-O(N022
ProjectTitte Western Pon Angeles Harbor RVFS
Recipient Name City off'ort Angeles CtanniunitN and Economic Development
SCOPE OF WORK
Task Nw-nber: 2 Task Cost: 5266,666.70
Task'ritic: Feasibility Study(J004)
Tas
Is Description:
The City, in cooperation with other potentially liable parties proposes to conduct a feasibility study. rhe FS will focus
on the sediments located below mean higher high water(except in areas where this tidal level is covered by riprap or
bulkhead where the focus will be on sediments below the toe of the riprap slope or bulkhead),located west of the
Rayonier Study Area and south of the Ediz flook spit. Typical costs under this task include planning and implementing
the FS and selection of a remedy.The tasks would include,but not be limited to: feasibility studies,pilot tests,
treatibility studies,supplemental testing,source control engineering Studies to develop solutions,
, green remediation
alternatives analysis,development of the cleanup action plan, EIS data management,public involvement,and prqject
management costs necessary to complete the FS.
'Fask Goal Statement:
In cooperation with other potentially liable parties,the City will conduct a feasibility study.'rhe overall goal will be a
comprehensive approach to the cleanup of the Western Port Angeles I larbor.
Task ExpegtA_Qutcorng:,
A feasibility study report focusing on sediments located below mean higher high water(except in areas where the tidal
level is covered by riprap or bulkheads where the focus will be on sediments below the toe of the riprap slope or
bulkhead), located west of the Rayonier Study Area and south of the Ediz Hook spit.The feasibility will support the
development of a comprehensive approach to the cleanup of the Western Port Angeles Harbor.
RecigjgnLjg�kCoordinator: Nathan West
Feasibility Study(3004)
Deliverables
Number Description Due Date
21 A Feasibility Study report. 06/30/2016
Version I 0130/2M
State of WaMinigton EX-partirrent of EcWogy Page 9 of'22
AgrLvinent No� "R PRA-2014-PoAC FID-00022
Project'lAte: Western Port Angeles I Jarbor RV s
Recipient Narne, City of'Port Angeles Community and Fconorruc DA.Nelopnrcirt
SCOPE OF WORK
Task Number: 3 Task Cost: $53,333.30
Task Title: Grant and Project Administration(.1008)
Task Description:
'Ibis task fiords RECIPIENT'S costs ECOLOGY deems reasonable and necessary,to administer the grant and projects
under each task.
The RECIPIENT shall document on the progress report the staff time spent on each activity and at each site.
The RECIPIENT shall submit copies of requested site records to ECOLOGY,including copies of photographs
documenting site visits.
Eligible administrative costs may also include those incurred performing activities to:
•Administer the grant,develop,and maintain grant files.
•Prepare and submit payment requests,and progress reports.
• Purchase services,Supplies,tools,and equipment needed to accomplish grant tasks,
(Equipment purchases are conditionally eligible and require prior written approval by ECOLOGY's financial
manager.)
-Attend training events approved in advance, including related travel costs,
Spending Plans:
-The RECIPIENT shall submit a spending plan to ECOLOGY. 'The spending plan identifies the amount by quarter in
Which the RECIPIENT plans to bill ECOLOGY for accumulated costs through the term of tile agreement.
-The spending plan must be updated at least quarterly to reflect actual expenditures and projections for the remainder
of grant/loan reimbursement requests.
-The updated spending plans Must be included with each payment request/progress report as an excel file or other
standard spreadsheet format on forms provided by ECOLOGY,
Travel& Per Diem:
-ECOLOGY will reimburse travel costs at the state per them rate in effect when the costs were incurred. Any costs
incurred over the state rate will be the sole responsibility of the contractor or recipient unless an exception is provided
in writing by the financial manager prior to the costs being incurred. The RECIPIENT may bill costs related to vehicle
usage at the state approved mileage rate. Any other motor pool costs,such as the cost of parking the RECIPIENT's
vehicles at their own office,purchasing,or maintaining vehicles are considered part of overhead and may not be direct
billed to this grant.
Phone Services,-
-Mobile phones/landlines and related phone services that are used to carry out SA grant related activities must be paid
for out of the overhead rate charged to the grant. Long distance calls on landlines associated with SA grant activities
may be direct billed,
Overhead/Indirect Costs:
- RECIPIENT may bill tip to 25%of salaries and benefits(S/E3) for their indirect costs associated with managing the
grant and grant activities.
Task Goal Statement:
To manage the grant and project and complete all administrative documentation and billings in accordance with
Version 10/30/2015
State of Washington Department ol'FMogy Page 10 c0'22
Agreemort No 'rcPRA-20l4-PoACFD-O(X)22
llrqlect'hticWestern Port Angeles Harbor RVFS
Reepent Name Oty of'Port AngOes Community and Econormc Dove oprnent
accounting standards,the terms and conditions of the grant,and the Administrative Requirements for Recipients of
Ecology Grants and Loans Managed in EAGI..
Task ENVacted(7utcome;,
Project documentation will he properly developed and maintained in accordance with the terms and conditions of the
grant,and the Administrative Requirements for Recipients of Ecology Grants and Loans Managed in EAGL.
RcgJpiq!ILTask.Coordinator-, Nathan West
Grant and Project Administration(3008)
Deliverables
Number Description Due Date
31 Timely grant payment requests/progress reports(PR/PR)with proper
documentation.
12 Updated spending plan with each PR/PR.
Vermon 10110/2015
State ofWashington lkpanniern of Ecology Page I 1 of 22
Agvwrnent No, "K PRA-2014-PoACI:[,)4)0(J22
Prole ct fitle, Western Port Angeu es I farbor lit FS
Recipent NarneCity offlort Angeles Community and Fconornic DeveJopment
BUDGET
Funding Distribution EC150177
NOTE: The aboveAnding distribution number is used to identify this speck is agreement and budget on pajrment
re),nittunce,s and maj7 be rq�,,rencetl on other communications from E(70LOGY. 1'(,.,)ur agreement m have mullilVe
finding distribution numbers to hlenO,,each budget.
Funding Title: LOCAL. TOXICS CONTROL ACCOUNT Funding Type: Grant
Funding Effective Date: 03/01/2012 Funding Expiration Date: 06/30/2017
Funding Source:
Title: LTCA.-Local Toxics Control Account
Type: State
Funding Source%: 100%
Description:
Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT:0%
Recipient Match%: 10%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
LOCAL TOXICS CONTROL ACCOUNT Task Total
Assessments and Remedial Investigation(.1003) S 124,444.00
Feasibility Study(J004) S 266,666.70
Grant and Prqject Administration(JG(,)8) S 53,333.30
Total: S 444,444.00
V'ersion W/30/2015
State of Washington Depannivit of l:oology Page 12 of 22
Agreement No '1CP1tA-2014-PoACED-0()()22
I'TojLct'ritle: Westm Port Angeles Harbor RUFS
Recipient NarneOty of Port Angeles Communay mid Fconomic Development
Fundine Distribution Summary
Recipient/Ecology Share
Funding Distribution Name Recipient Match% Recipient Share Ecology Share Total
LOCAL TOXICS CONTROL 10.00 % S 44,44440 S 399,999.60 S 444,444.00
ACCOUNT
Total S 44,444.40 S 399,999.60 S 444.444.0,0
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award,the following terms and conditions apply to you.
A.CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
I. The REC I PI El NT/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 front receiving contracts paid for with federal funds. lythe 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 R ECI 131 E N T/CONTRACTOR shall provide immediate written notice to ECOLOGY ifatany time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3. The terms covered transaction,debarred,suspended,ineligible, lower tier covered transaction,participant,
person,primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any,lower tier covered transaction
With a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,
suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION,DEBARMENT, INELIGIBILITY OR VOIAJNTARY
EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6. Pursuant to 2 F 180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
Vemion 10/30/2W5
State cot wrrsiringon Depanment ofTccalcrgy Page 1.3 of 22
f roject"l°de we;.sEcam Port Angeles ffrarbor fEUFS
Recipient Nance: City of Port AngOes Community and Economr c Devetrap mcnc
7. RECIP1EN"lXO1wT. . C"1OR acknowledges that tailing to disclose the info>rmation required in the Code of
Federal Regulations may result in the delay or negation of this fundinagreement,or pursuance of legal
remedies,including suspension and debarment.
8, RECIPIENT/CONTRACTOR a rees to,keep proof in its agreement file,that it,and all lower tier recipients or
contractors,are not suspended or debarred,and will matte this proof available to EC:'(;)F,OGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
and print a copy of completed searches to document proof of'compliance.
B. FEDERAL FUNDING ACCOUNTABILITY ILITY AIND TRANSPARENCY ACT(FFATA)REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it
with the signed agreement to ECOLOGY,
Any CON"TRACTOR/R.ECIPIE N°I"that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
• Receives more than S25,000 in federal funds under this award.
• Receives more than 80 percent of its annual gross revenues from federal funds.
• Receives more than S25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection.Form.
Ecology is required to report the FFATA information for federally funded agreements,including the required
DUNS number,at wvim- yt5vov �allp_/LNvw_w �, f5�ruv/_,within 30 day's of agreement signature. The FF°A°IA
information will be available to the public at ycww Ua Lks wa Ft ,i,ta
For more details on FFATA requirements,see Nv fsryw qy- ham/`/"( ww.f'rs gel /:,,y.
vesaon l0/30120is
State:of Washington r)epartrnent ol`l Mogy rage 14 of 22
Agreement No: TCPR -2014_1'oAC"r ISS-d, h22
Wrojmt Title: western bort Angles Harbor 12 VFS
Recipient NarneCity of Port Angeles C,ortnttuucriry and Economia Develop pent.
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans E;AGL
Edition". https://fortress.wa.gov,lecy/publications/SuminaryPages-,�l401002.liti-ni
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 tinder 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 subf»rantees 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 amendments)of this Agreement will be of any force or efTect 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.
b) Immediately notify the Department ofArchaeolog;y 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 RC W 27.53,Archaeological Sites and Resources,for any work performed under this Agreement,as
applicable. National Historic Preservation Act(NI-IPA)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,
ECOI..OGY,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 beat the sole expense and risk of the
Version I0/30Y201y
State ol'A'ashington M-partment of Ecology Page 15 of 22
Agreement NoT(TRA-2014-PoM IED-00022
Project Title western Port Angeles Harbor RUES
Recipient Name: City of Port Angeles Coinmunity and Econwmc Developmcnt
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) RECIPIEN'T'shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the properreinibursentent forms,Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
ft 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.Nva.gov/services,/ContractingPurchasing/Business/VendorPav/Pages/`default.aspx. For
any,questions about the vendor registration process contact the Statewide Payee Help Desk at(360)407-8180 or entail
payeehelpdesk(4,)des.w,a.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.
,I) 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
RECIPIF NT 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 fb,r the permit and approval processes.
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
RECIPIEINT 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
Version 10/3012015
State of Washnigton Department of Eeoflogy Phage 16 of 22
Agreement No fC1 RAt 1M4-&''oACED-(NA)22
project Tale We stern tort.Angeies Harhm ltUFS
Re6pient Name: City of Pon,Arng,e0es Community and Economic Development
award all contracts for construction,purchase ofgo(ds,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 ECOL()GY'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 ECOI..OGY will govern,although the RECIPIENTshall 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 P..EC;IPIENT's appeal.
e) ECOLOGY sends a written answer within ten(10)business days, unless more time is needed,ager 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 tile 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 It.ECIPIEN T`agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
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 S"T"ANDARDS
a) RECIPIENTS who collect environmental-monitoring data roust provide these data.to ECOLOGY using,the
IWnvironmental Information Management System(EIM). To satisfy this requirement these data must be successfully
loaded into EIM,see instructions on the I IM website at:http.//www.ecy.wa.gov/eim.
b) RECIPIENTS are required to follow E:COLOGY's data standards when Geographic Inforniation System(GIS)data
are collected and processed. More information and requirements are available at;
http:el/w,ww.ecy.wa,gov/services/gis'data/standards/st,indards.htm. RECIPIENTS shall provide copies to ECOL06Y of
all final GIS data layers,imagery„related tables,raw data collection files,map products,and all metadata and project
documentation.
Version 10130f"20 5
State of Washington ta„paartmend end"Ecology Page 12 of'22
Agreement No: rCPRA-2014-PoAC ED-00022
Prenject Tatter; western Peart Angela Harbor tttfFs
Recipient Nanie: Cityof"Wean Angeles COmmuna y and Ecomme taevetopveant
c) RECIPIENT'S 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 ECOL OGY'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`hate of Washington,and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
13. INDEMNIFICATION
ECOLOGY GY 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 ofthe 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 part'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
RECIP11"INT is prohibited from inducing by any means any person employed or othemrise 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 gill
in return for award of a subcontract hereunder.
16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(IMWBE)
RECIPII:°;l`~T is encouraged to solicit and recruit,to the extent possible,certified minority-owtied(MBE)and.
women-owned(WBE)businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made:,based on MWBE;participation;however,the RECIPIENT is encouraged
to take the following actions,when possible,in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b) Divide the total requirements,when economically,fL%sible, into smaller tasks or quantities,to perlmit maximum.
participation by qualified minority and women's businesses.
c) Establish delivery schedules,where work requirements pennit,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
Versicen W/30/2015
State of Washmgton Department of Ecology Page f 9 of 22
Agreonent No: 'rCPRA-2014-1?oACU1D-(A)022
Pro Kvt'hfle: Western Port Angeles Harim RUTS
'
Recpent Name: Ca)of Port Angeles Contnunoty and Fconornic Development
by giving precedence in the following order: (a)applicable federal and state statutes and regulations;(b)The
Agreement;(c)Scope of Work;(d)Special Terms and Conditions; (e)Any provisions or terms incorporated herein by
reference,including the"Administrative Requirements for Recipients of Ecology Grants and Loans",and(f)the
General Terms and Conditions.
18. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENTs communication documents and materials related to the
fulfillment of this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten(10)business days
prior to production and distribution.
b) RECIPIENT shall include time for ECOLOGY'S review and approval process in their project timeline.
c) If requested,RECIPIENT shall provide ECOLOGY two(2) final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets,
videos,audio tapes,CDs,curriculum,posters,media announwrients,or gadgets with a message,such as a refrigerator
magnet,and any online communications,such as web pages,blogs,and twitter campaigns. If it is not practical to
provide a copy,then the RECIPIENT shall provide a description(photographs,drawings,printouts,etc.)that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's
graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
19. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement ifthe 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 progress report. ECOI-OGYArill 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 I through March 3l,April I through June 30,July I
through September 30,and October I 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 protect,unless all
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
property under this agreement,the RECIPIENT'may copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive,and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to
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
Venston 10/3012015
State of Washnigton Departmvit of Ecology Page lid ot'22
Agicement No. lCPRA-20l4-PoACED-iXX)22
Propect Trfle: Westem Port AngOL-s I larhor Rl/FS
Recipient Nante, City of Port Angeles Community and Economic Development
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.
I) 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 he
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed Linder 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 tentimation or dispute resolution hereunder.
Vermon 10/3012015
State ofWashington Depamment of Ecology Page 20 of 22
Agmement No; 1CPRA-21014-PoACED-0(9Q2
Project Titte Western Port Angdes I farbor R VFS
Recipient Name City of Port Angdes Community and Economic Development
RECI P1 ENT 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.
RECIPIENTshall refund to ECOLOGY the hill 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 tinder this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the
RE CIPJENT,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 field invalid,
Such invalidity shall not affect the other provisions of this Agreement which can be given eff'ect without the invalid
provision,and to this end the provisions of this Agreement are declared to be severable.
24. STATE ENVIRONMEN"I'Al., POLICY ACT(SEPA)
RECIPIENTinust demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State
Environmental Policy Act(Chapter 43.2 IC RC W 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 RECIPIEN"fis fully encouraged to implement
sustainable practices and to purchase environmentally preferable products Linder this Agreement.
a) Sustainable practices may include such activities as: use of clean energy,use ofdouble-sided printing,hosting low
impact meetings,and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services,EPEAT registered computers
and imaging equipment, independently certified green cleaning products,remanufactured toner cartridges,products
with reduced packaging,,office products that are refillable,rechargeable,and recyclable,and 100%post-consumer
recycled paper.
For more suggestions visit EC(':LOGY's web page: Green Purchasing,http://\vww,ecy,.wa.gov/prograins/swfa/epp.
version 10130t2015
State of Washington Department o(Teology Page 21 W'22
Agrevnent NoTC6'RA-2014-PoACED-00022
Prrheel Title Western Port Angeles I farbor RI/FS
Recipient Name- City of Port Angeles Community and Economic Development
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.
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 RECIPIENTunjustifiably 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 ofthis 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 Agreernent, 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, Ifthis 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 ofthis 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 EC(.')I,OGY 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 finds,the RECIIII ENT 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 RECIPIEN'T'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
At I finished or unfinished documents,data studies,surveys,drawings,maps,models,photographs,reports or other
Version 10130t2015
State ofWashington Department of Ecology Puge 22 of 22
Agreement No: TCPRA-2014-PoACED-00022
Project Title: western Port Angeles Harbor RVFS
Recipient Name: City of Port Angeles Cornwunity and Economic Development
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 terrns of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
GENERAL TERMS AND CONDITION'S LAST UPDATED 12/25/2015
Version 1013=015
Jnr
DEPARTMENT OF
ECOLOGY
State of Washington
Date: May 12, 2016
To: Nathan A. West
Director of Community & Economic Development
321 E. Fifth Street
Port Angeles, WA 98362
From: Dan Koro mal.'.
Grants Manager, Remedial Action Grants
Washington State Department of Ecology
Agreement TCPRA-2014-PoACED-00022
Enclosed you will find an original copy of your recently executed Grant Agreement.
Please keep a copy with your grant file,
To submit payment requests, please visit the Department of Ecology Web site
http://www.ecy.wa.gov/ecVhome.html You Tube video channels and download /view "How to
Submit a Payrnent/Progress Report". You can also go to the Ecology EAGIL web link and follow
the instructions iin the User Manual found under - 'My training Materials'.
If you have any questions, please contact me at 360-407-7187, or by email at
Dkor461 @ecy.wa.gov