HomeMy WebLinkAboutPass Through Grant AgreementL) F. f), \ f~ r ,\ \ t i\i 1 () r
ECOLOGY
Agreement No. SPPREG-2017-KiCoEM-00063
SPILL PREVENTION, PREPAREDNESS, AND RESPONSE EQUIPMENT GRANT AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
KITTITAS COUNTY SHERIFF
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,
hereinafter referred to as "ECOLOGY," and Kittitas County Sheriff, hereinafter referred to as the "RECIPIENT," to
calTY out with the provided li.mds activities described herein.
GENERAL INFORMA nON
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date orthis Agreement is no later than:
Project Type:
Project Short Description :
Regional oil spill and haz-mat incident response
and resource acquisition
:s 13,350.00
$13,350.00
$13,350.00
$0.00
11101/2016
06/30/2017
Equipment Cache Grant
Create a centralized response trailer that can be deployed in a timely manner throughout Kittitns and adjacent
counties . The grant would be utilized to purchase oil spill and haz-mat response tools and equipment to stock
the trailer. The grant will also be utilized to purchase quick recover tools that cnn be placed on responding
npparatlls to mitigate the disastrous eftects oran oil spill andlor haz-mat incident ulltil the fully stocked trailer
can arrive.
PI'oject Long D~scl'ip!lon;
Kittita s County fire districts have limited resources to accomplish a timely and efficient re s ponse to oil spill ancl
hazardous material incidents. To remedy this response gap, the Kittitas County Fire Districts and the Kittitas
County Emergency Management Department have teamecillp to consolidate resources through a centralized
response trailer that can be stocked with response tools ancl equipment. The response trailer could be
cleplo)'able anywhere in the county in a timely manner.
Srate of Wasi1ingto" O(~lartll\(l1( 01 Enllllh-~
Agr((I1l(llt No SPI'REG-1tJ 17 -KICol:..\I-tltllloJ
Pmjcct Titk Reglo",11 oil ~PI" and hUl-mat inl'l!knt respunse dnd ,esource JC4UI~itillll
R~clpl(11l NJt1lc Kittlt<ls County Shentl'
The grant would go towards the purchase of oil spill and haz-mat response tools and equipment. Kittitas Co,
already has a towed trailt!r that will be converted to becotllt! a dedicated oil spill and hazardous material incident
response trailer, The grant would also be used to purchnse quick response equipment that can be stored on
responding apparatus to mitigate environmental damage until the trailer can arrive on scene,
Kittitas County is a very rural area, however, we have Interstate 90, 1-82 and State Route 10,903,906 and 97
that run through the county. Interstate 90 bisects our entire county and crosses many rivers and streams and also
Tuns adjacent to a large lake. [-90 has a very heavy traftic now this includes oil, gas and other hazardous
materials that are transpol1ed through the county. Kittitas County also has a rail system that runs the entire
length of the county. Crude oil is not shipped through the county, however, other hazardous materials are
transported by mil through the county, The rail system follows rivers and lakes on almost the entire route.
An oil spill or hazardous materials incident could have devastating environmental effects on Kittitas County and
impact adjacent counties down river. The major waterways that could be effected are the Columbia River,
Yakima River, Easton River, Cle Elulll River, Keechelus Lake, Easton Lake. The environmental effect could be
catastrophic to plant and animal life throughout Kittitas County and counties down stream. The rivers and lakes
provide irrigation water to the entire Kittitas valley. The response equipment supplied by this grant would help
mitigate the potential catastrophic effects that an oil spill or hnzardous material incident could cause to the
environment.
All local tire districts have signed on to the plan to utilize a Kittitas fire District 7 towed trailer that will be
converted to an oil spill I haz-mat response apparatus. The Kittitas County Emergency Management has agreed
to apply for and distribute the purchase equipment to all the participating Fire Districts. Future training on the
lise of the response equipment will be paid for and conducted by the participating fire Districts.
Overall Goal:
OUI" goal is to minimize the environmental impact of an oil spill and/or hazardous material incident by creating
an efficient, centrally located, mutli-jurisdictional response trailer . The goal of the asset is to assist all fire
districts in Kittitas County and to include neighboring counties with a trailer that h<1s the appropriate response
resources in an all-in-one apparatus.
V~rsi"n 11lf30/1(JI:i
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Kittitas COllnt)' Sherilt'
RECIPIENT INFORMATION
Organization Nalll~: Kittitas County Sheriff
Federal Tax 10: 91-6001349
DUNS Number: 0 I 0202547
Mailing Aeldress: 307 W. Umptanulll Rei
Ellensburg, W A 98926
Physical Address: 307 W. Umptanum Rei
Ellensburg, Washington 98926
Organization Email: darren.higashiyallla@co.kittitas.wa.us
Contacts
Project Manager
Billing Contact
Authol'izcd
Signatory
Version 1013011015
Darren Higashiyama
Commander
307 W. Umptanulll Rei
Ellensburg, Washington 98926
Email: elarren.higashiyallla@co.kittitas.wa.us
Phone: (509) 933-8206
Heather Seibert
Chief Financial Manager
307 W Umptunum Rei
Ellensburg, Washington 98926
Email: heather.seibert.sh@co.kittitas.\Va.lIs
Phone: (509) 962-7099
Darren Higashiyama
Commander
307 W. Umptanum Rd
Ellensburg, Washington 98926
Email: darren.higashiyama@co.kittitas.wa.lIs
Phone: (509) 933-8206
Page J or I <j
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ECOLOGY [NFORMATION
Mailing Address : Department of Ecology
Spills
PO BOX 47600
Olympia, WA 98504·7600
Physical Address: Spills
Contacts
Project
Manage.'
Financial
Mnnager
Technical
Advisor
Version IO!)OllOIS
300 Desmond Drive SE
Lacey. WA 98503
Laura Huyes
PO Box 47600
Olympia, Washington 98504·7600
Email: Ihay461@ecy.wa.gov
Phone: (360) 407-7485
Laura Hayes
PO Box 47600
Olympia, Washington 98504-7600
Email: Ihay46I @ecy.wa.gov
Phone: (360) 407-7485
Jodi Goodman
PO Box 47600
Olympia. Washington 98504-7600
Email: jgoo461 @ecy.\Va.gov
Phone: (360) 407-6762
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AUTHORIZINC SICNATURES
RECIPIENT agrees to furnish the necessary personnel, equipmcnt, materials. services, and otherwise do all things
necessary tor or incidental to the pertormance of work as set torth 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. Furthennore, the
RECIPIENT hus read, understood, and accepts nil 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 torce or eflect unless in writing, signed
by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staff contact:> without the concurrence of either party.
This Agreement shall be subject to the written approval ot' 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 WHER.EOF: 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
Department of Ecology
BY:( Ll ,
Oak Jensen
KittitllS County Sheriff
) ~ I l -
Date Darren Higashiyam<1 Date
Spills
)
Program Manager
T ~mplatc: Appron:tllo foml by
Attunlcy General's Otlicc
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SCOPE Of WORK
Task Number: Tasl, Cost: $0 .00
Task Title: Project Administration
Task D~.sc ri p(ion:
A. The RECIPIENT will administer the project. Responsibilities will include. but are not limited to: maintenance of
project records; submittal of requests for reimbursement and corresponding backup documentation, progress reports
and recipient closeout report (including photos), compliance with applicable procurement, contracting, and interlocal
agreement requirements, application fOI', receipt of, and compliance with all required penn its, licenses, easements, or
property rights necessary tor the project, and submittal of required performance items.
B. The RECIPIENT must manage the project. EtTorts will include: conducting, coordinating, and scheduling project
activities and assuring quality conlrol. Every effort will be made to maintain efteclive communication with the
RECIPIENT's designees; ECOLOGY, all atlectedlocal, state, or federal jurisdictions; and any interested individuals
or groups . The RECIPIENT mllst carry Ollt this project in accordance with any completion dates outlined in this
agreement.
Task Goal Statement:
Properly managed project that meets agr eement and Ecology administrative requirements .
Task Exp~cted OUlcbtne;
t. Timely and complete submittal of requests for reimbursement, quarterly progress reports , and recipient closeout
repolt,
2. Properly maintain project documentation.
Rec ipi<!1 1I Task Coordina tor: Darren Higashiyama
Project Administndion
Delivel':J bles
Numbel' Description
1 1 Progress Reports
1.2 Recipient Closeout Report
1.3 Project Outcome Summary Report
Version 101311/2015
Due Date
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SCOPE Of WORK
Task Number :
Task Title : New Response Equipment Purchase
Tus k Description:
A. The RECIPIENT will purchase only approved, eligible re s ponse equipment, tools, and supplies in accordance with
ECOLOG Y's requirement outlined in the Administrative Requirements for Recipients of Ecology Grants and Loans
Managed In EAGL guidebook.
B. The RECIPIENT will purchase and take possession ofappl'oved, eligible oil spill and hazardous materials response
and lirelighting equipment, tools, and supplies that support the described project for oil spill and haZlnat response and
til'efighting capacity building as described in the funding guidelines and that has been approved by ECOLOGY.
Tusk Goal Stotcmc nl :
Build and support spill and hazardous materials response and tire fighting capacity through the purchase of approved,
eligible response equipment, tools, and supplies.
T '\f;k Expe~l ed Outcome:
l. Timely and complete implementation oflhe task, including the purchase and acquisition ofapproved, eligible
response equipment, lools, and supplies.
2. Properly store and maintain response equipment, tools, and supplies.
Reci pient Task Coordin nlor: Darren Higashiyama
New Response Equipment Purchase
Deliverables
Number Description
2.1 Purchase approved, eligible equipment
2.2 Schedule equipment inspection with Ecology
Ver~ion 10131),201 j
Due Date
0
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BUDGET
Funding Distribution EGl701l9
NOTE: The above Jill/ding distribution IIumbel' is used to identify this spec:ij1c agreemellt and blu/get 01/ paym!!nt
remittal/ces and may be /'efe/'enced on othe/' comlllunkatiollS fl'om ECOLOGY. Your agl'eement may lie/VI! multiple
jittlding distribution numbers /0 identify each budget.
Funding Title:
Funding Effective Dute:
Funding Source:
Title:
Type:
Funding Source %:
Description:
Response Equipment Caehe
11101/2016
State Toxies Control Account
State
100%
Funding Type:
Funding Expiration Date:
Approved Indirect Costs Rate: Approved State Indirect Rate: 0%
Recipient Mutch %: 0%
InKind [nterloeal Allowed: No
(nKind Other Allowed: No
[s this Funding Distribution used to mutch n tedera[ grant? No
Response Equipment Cache Task Total
Project Administration $ 0.00
New Response Equipment Purchase S 13,350.00
Total: $ 13,350.00
Version 1O(]()/20 15
Grant
06/30/2017
Page 8 of \'1
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Recipient / Ecology Sh:lI'e
funding Distribution Nllllle Recipient Match % Recipient Share Ecology Share Total
Response Equipment Cache 0 .00 % :5 0 .00 S 13,350_00
Total S 0,00 $ 13,350,00
AGREEMENT SPECIFIC TERMS AND CONDITlONS
N/A
SPECIAL TERMS AND CONDITlONS
GENERAL FEDERAL CONDITIONS
If a portion aI' all of the funds fOl' this agreement al'e pl'Uvided through federal funding sOUl'ces 01' this
agreement is used to match a fedel'lll grant lIwnrd, the following terms and conditions apply to you,
A, CERTIF ICATIO N REGAR DING SU, PEN 'ION . DEBARMENT, !.NELIGIB ILITY OR VOLUNTA RY
EXCLUS[ON:
$
S
1_ The RECIPIENT/CONTRACTOR, by signing this agreement, certities that it is not su s pended, debarred,
proposed lor debarment. declared ineligible or otherwise excluded frolll contracting with the federal
government, or from receiving contracts paid for with federal t1l1lds_ If the RECIPIENT/CONTRACTOR is
unable to certitY to the statements contained in the certification, they mllst provide an explanation as to why they
CaIUlOt.
2 . The REClP[ENT/CONTRACTOR shall provide immediate written notice to ECOLOGY ifat any time tlte
RECIPlENT/CONTRACTOR learns that its certit1cation was erroneolls 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 exclllded, as used in this clause, have
the meaning set out in the Detinitions 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 tor debarment under the applicable Code of Federal Regulations, debarred,
suspended, declared ineligible, or voluntarily excluded from pa rticipation in this covered transact ion .
5_ The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION" without moditication in all lower tier covered tran sactions and in all solicitations lor lower tier
covered tral1sactions _
6 _ Pursuant to 2CFR 180J30, the RECIPIENT/CONTRACTOR is responsible tor en s ur ing that any lower tier
covered transaction complies with certitication ofslIspensioJl and debarment requiremellts_
7. RECIPIENT/CONTRACTOR acknowledges lhat failing to disclose the intormation required in th e Code of
Ver>lol1 I ul.)0120 I ;;
13,350.00
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Federal Regulations may result in the dday or negation of this funding agreement. or pursuance oflegal
remedies. including suspension and debarment.
8, RECIPIENT /CONTRACTOR agrees to keep proof in its agreement tile, that it. and aI/lower tie r redpients or
contractors, are not slispended 01' debarred. and willlllake this proofavailable to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPLENTfCONTRACTOR must run a search in
_b.!I!L~\\ \\ i1 l.!.!!_!!O\ ..: and print a copy of completed searches to document proof of compliance,
B, FEDERAL FUNDING ACCOtlNTABILrfY AN D TRANSPAREN CY ACT (FF'A 1'A) REPORTING
REQUIREMENTS :
CONTRACTORJRECLPIENT must complete the FFA TA Data Collection Form (ECY 070·395) and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of tile criteria below must report compensation for its live
top execlltives using the FFATA Data Collection form.
Receives more than $25,000 in tederal funds under this award.
Rect:ives more than 80 percent of its annual gross revenues Ii'olll tederal funds.
Receives more than $25,000 ,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 FFA T A information for tederally funded agreements. including the required
DUNS number, at ~\;\\W,t3rS,~()V '-:htt~:~~: :;f ·."n.Y....~ within 30 days of agreement signature, The FFATA
information will be available to the public at ~~' ,\l'~llllu~.~'lv ';llItl1: \\·\\\\,II:;\~Il-<:Jlll.iDg~~_,::,:.
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GENERAL TERMS AND CONDITIONS
Pel'taining to Grant and LOlln Agl'ccmcnts With the state orWashington, Department or Ecology
I. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans -EAGL
Edition." https:llfortress.wa.gov/ecy/publ ications /SummaryPagesl 140 I OOl.html
b) RECIPIENT shaH complete all activities funded by this Agreement and be fillly responsible tor the proper
management of all ti.ltlds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility tor all actions taken under this Agreement, including ensuring
all subgrantecs and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY tor the
extent and character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
1 )'1~~ I I .,1' l 'i
This Agreement may be altered. amended. or waived only by a written amendment executed by both parties. No
subsequent modilication(s) or amendment(s) of this Agreement will be of any force or eftect unless in writing and
signed by authorized representatives of both parties. ECOLOGY ancl the RECIPIENT may change their respective staff
contacts and administrative intormation without the concurrence of either party.
3 . ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize. or mitigate adverse etTects to archeological and historic
resources. The RECIPIENT mllst agree to hold harmless the State of Washington in relation to any claim related to
historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project ti.mded under this
Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements lor their
project:
For capital construction projects or land acquisitions lor capital construction projects, if required, comply with
Governor Executive Order 05-05, Archaeology and Cultural Resources.
For projects with any federal involvement, if required, comply with the National Historic Preservation Act.
Any cultural resources tederal or state requirements mllst be completed prior to the start of any work on the project
site .
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (lOP) to ECOLOGY prior to
implementing any project that involves ground disturbing activities. ECOLOGY will provide the lOP form.
RECIPIENT shall:
Keep the lOP at the project site .
Make the lOP readily nvailable to anyone working at the project site.
Discuss the lOP with staff and contractors working at the project site.
1111plem~nt the lOP when cultural resources or human remains are found at the project site.
c) tfany archeological or historic resources are found while conducting work under this Agreement:
Immediately stop work and not ify the ECOLOGY Program, the Department of Archaeology and Historic
Preservation at (360) 586-3064, any affected Tribe, and the local government.
cI) I f any human remains are tound while conducting work under this Agreelllt':nt:
Immediately stop work and notify the local Law Enforcement Agency or Medical Exnminer/Coroner's Office, and
then the ECOLOGY Program.
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R~c:rpl~nl Name ~Ittltas Cmlllt) Sherin'
e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local. state, and federal
laws protecting cultural resources and human remains.
4. ASSIGNMENT
No right or claim orthe RECIPIENT arising under this Agreement shall be transterred or assigned by the RECIPIENT .
5. COMMUNICATION
RECIPIENT shall make every etTort to maintain effective communications with the RECIPIENT's designees,
ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups.
6. COMPENSATION
a) Any work performed prior to effective date orthis Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement bdorc 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 require approval by ECOLOGY prior to
expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement timns, Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee
Desk. RECIPIENT mllst register as a payee by submitting a Statewide Payee Registration fonl1 and an IRS W-9 form
at the website, http://www.des.wa.govlservices/ContractingPurchasing/Business/VendorPay/Pages/detuultaspx. For
any questions abollt the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email
payeehelpdesk@des.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimcd by the RECIPIENT if the RECIPIENT filils to
satistactorily 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 pOl1ioll
thereof, has been completed it: at ECOLOGY's sole discretion, such payment is reasonable and approved according to
this Agreement, as appropriate, or upon completion of an audit as specitied herein.
j) RECIPIENT should submit tinal requests for compensation within thirty (30) d~lYS after the expiration date of this
Agreement. Failure to comply may result in delayed reimbursement.
7. COMPLIANCE WITH ALL LA WS
RECIPIENT agrees to comply fully with all applicable tederal, 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 ami job satety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against
discrimination,
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project
timeline for the permit lind approval processes.
ECOLOGY shall have the right to immediately terminate for calise this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements,
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I f any provision of this Agreement violates any statute or rule of law of the state of W<1silington. it is considered
moditkd to conform to that statute or rule ot'law.
8. CONFLICT OF [NTEREST
RECIP[ENT and ECOLOGY agree that uny officer. membel', agent, or employee, who exercises any function or
responsibility in the review, approval, or carrying Ollt orthis Agreement, shall not have any personal or financial
interest, direct or indirect. nor affect the interest orany corporation, partnership. or <1ssociation in which helshe is a part,
in this Agreement or the proceeds thereot:
9. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction, purchase of goods, equipment, services, and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair, and open competition.
RECIPIENT must have a standard proclIl'ement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certitication that they have tollowed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOG Y reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
10. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this
Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal
decisions as provided tor below:
a) RECIPIENT notities the funding program of an appeal request.
b) Appeal request mllst be in writing and state the disputed issue(s).
c) REC[PIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the REC[PIENT's appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the
review.
The decision of ECOLOGY from an appeal will be tinal and conclusive, unless within thirty (30) days from the date of
such decision, the RECIPIENT furnishes to the Director of ECOLOG Y a written appeal. The decision of the Director or
duly authorized representative will be tlnal and conclusive.
The parties agree that this dispute process will precede any action in ajudicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior COtlit of Thurston County. Review of the Director's
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties' choice ot'another mutually acceptable method, ill
addition to the dispute resolution procedure outlined above,
11. ENVIRONMENTAL DATA STANDARDS
a) REC[PIENT shall prepare a Quality Assurance Project Plan (QAPP) for each project that collects or uses
environmentalmeaslIl'cmcnt data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact
the ECOLOG Y Program issuing the grant or loan. [1' a QAPP is required the RECIPIENT shall:
Use ECOLOGY's QAPP Template provided by the ECOLOGY Program.
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2004 (Ecology Publication No. 04-03-030).
Submit the QAPP to ECOLOGY lor review and approval belore the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system (ElM), unless the ECOLOGY Program instructs otherwise. The data
must be sllccessfully loaded into ElM, lind instructions at: http://www,ecy.wa.gov/eim.
c) REC[PlENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collect<!d
and processed. Guiddines tor Creating and Accessing GIS Data are available at:
http://www.ecy.wa.gov/servkes/gis/dnta/standards/standards.htm. RECIP[ENT, when requested by ECOLOGY, shall
provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection tiles, Illap
products, and all metadata and project documentation.
12. GOVERNING LA W
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought
hereunder wiII be in the Superior Court of Thurston County.
13. INDEMN!FICA TlON
ECOLOGY will in no way be held responsible for payment of salaries, consultant's tees, and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemni ty and hold the
other harmless fi'ol11 and against any liability tor any or all injuries to persons or property arising t1'0111 the negligent act
01' omission of that party or that party's agents or employees arising out 0 f this Agreement.
14. fNDEPENDENT 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. K[CKBACKS
RECIPIENT is prohibited tl'om inducing by any means any person employed or otherwise involved in this Agreement
to give up any part of the compensation to which he/she is otherwise entitled to or receive any lee, commission, or gift
in return lor award of a subcontract hereunder,
16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE)
REC [PIENT is encouraged to solicit and recruit. to the extent possible, certitied minority-owned (MBE) and
women-owned (WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejectiuns cannot be made based on MWBE patticipation; huwever, the RECIPIENT is encouraged
to take the following actions, when possible, in any procurement under this Agreement:
a) Include qualilil!d minority and women's businesses on solicitation lists whenever they are potential SOlU'CCS ofgoods
or services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum
participation by qualitied minority and women's businesses.
c) Establish delivery schedules, whl!re work requirements permit, which will encourage participation ofqllalitied
minority and women's businesses.
d) Use the services and assistance ofthl! Washington State Oftice of Minority and Women's Business Enterprises
(OMWBE) (866-208-1064) and the Oftice of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
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17. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement. unless otherwise provided herein, the inconsistency shall be resolved
by giving precedence in the following order: (a) applicable tederal and state statutes and regulations; (0) 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 RECIPIENT's communication documents and materials relat~d to the
fill ti IIment 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 includt: time for ECOLOGY's review and approval process in their project timeline.
c) Ifrequested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible
products deve loped.
Copies include any printed materials. and all tangible products developed such as brochures, manuals, pamphlets,
videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets 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 ECOLOG Y's
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
19. PROGRESS REPORTING
a) RECIPIENT must satisf.1ctorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will detine the elements and frequency of progress repol1s.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
e1) Quarterly progress reports will cover the periods from January I through March 31, April 1 through June 30, July I
through September 30, and October I through December 31. Reports shall be submitted within thirty (30) da)'s alkr
the end of the quarter being reported.
e) RECIPIENT shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an
extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report (orilla!.
20. PROPERTY RIGHTS
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a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property undel' this Agreement, the RECIPIENT lllay copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive, nnd irrt:vocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to
authorize others to use the same for teclernl. state, or local goverrunent purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information; present papers, h:ctures, or seminars involving intormatioll supplied by ECOLOGY; or lise logos, reports,
maps, or other data in printed reports, signs. brochures, pamphlets, etc., apPl'opriatt:! credit shall be given to ECOLOGY.
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c) Pr~s~ntation and Promotional Materials. ECOLOGY shall have the right to us~ or reproduce any printed or graphic
mat~rials produced in fultillmcnt of this Agreement. in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIP[ENT as the sole copyright owner in every use or r~prodllction ofthc materials.
d) Tangibl~ 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 purch<lsed wholly or in part
with funds furnished by ECOLOGY in the absence ofstate and federal statutes, regulations. or policies to the contrary,
or upon specific instructions with respect thereto in this t\gre~ment.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIP[ENT for use in performance of the project, it shall be returned to ECOLOGY prior to lina[ payment by
ECOLOGY. If said property is lost, stol~n, or damaged while in the RECIPIENT's possession, then ECOLOGY shall
be reimbursed in cash or by setoft'by the RECIPIENT for the fair market value of such property.
t) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of lund or facilities:
I. RECIP[ENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
2. 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 lIses intended by this Agr~ement.
g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any
equipment, property, or lacility acquired or developed under this Agreement to uses other than those lor 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 INSPECTlONS
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 exp~nditures.
b) Be kept in a COlllillon tile to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspectiml 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 tinal grant payment or loan repayment, or any dispute
resollition hereunder.
RECIPIENT shall provide claritication and make necessary adjustments ifany audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work pertormed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative lor inspection at any time during the course of
this Agreement and for at blst three (3) y~ars following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times.
in order to monitor and evaluate perlormance, compliance. and any other conditions l1nd~r this Agreem.:nt.
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n. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies rt!ceived as reimburselllt!nl payments is contingent upon salis factory
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 relitnded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amollnt of any erroneous payment or overpayment under thi:;
Agreement.
RECIPIENT shall refund by check payable to ECOLOG Y the amollnt of any sllch reduction ofpaYll1ents 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 fund s.
Any property acquired under this Agreement. at the option of ECOLOGY, lllay become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amoLlnt retlecting the fair valuc ufsuch property.
23. SEVERABILrTY
Ifany 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 etlect without the invalid
provision, and to this end the provisions of this Agreement are declared to be severable.
24. STATE ENVIRONMENTAL POLrCY ACT (SEPA)
RECIPIENT IllllSt demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State
Enviromnental Policy Act (Chapter 43.21 C RCW and Chapter 197-11 WAC) have bcen 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 thereoftor a temporary period by written notice from ECOLOGY to the RECIPIENT, RECIPIENT shall
resume performance on the next business day tollowing the suspension period unless another day is specified by
ECOLOGY.
26. SUSTAINABLE PRACTICES
In order to sllstain Washington's natural resources and ecosystems, the RECIPI ENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices Illay include stich activities as : use of clean energy. use of double-sided printing. hosting low
impact meetings, and setting up recycling and corn posting programs.
b) Purchnsing may include such items as: sustainably produced products and :;t:rvice s, EPEA T registered computers
and imaging equipment, independently certitied green cleaning products, remanufactured toner cartridges, products
with reduced packaging, oftice products that are retillable, rechargeable, and recyclable, and 100% post-consumer
recycled paper.
For more suggestions visit ECOLOGY's web page: Green Purchasing, http:/rwww.ccy .wa,gov/programs/swt~lIepp.
27 . TERMrNATION
a) For Calise
ECOLOGY may terminate tOt· calise this Agreement with a seven (7) calendal' days prior written notitication to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to pertorm an Agreement requirement or tor a material
breach of any tel111 or condition, I f this Agreement is so tellllinated. the parties shall be liable only tor pertormance
rendered or costs incurred in accordance with the terms of this Agreemt:nt prior to the effective date of termination.
failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
cOlllmence work on the projt:ct funded within fOllr (4) months ana the eft'i:!ctive date of Ihis Agreement, or by any date
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Non-Performance. The obligation of ECOLOGY to the REC[PI ENT is contingent upon satisfactory performance by the
REC[PIENT orall of its obligations under this Agreement. [n the event the REC[PIENT lInjustitiably 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 who[1! or in part this Agreement, and exercise any other rights under this Agreement.
Despite the "bove, the RECIP[ENT shall not be relieved of any liability to ECOLOGY for damages slistained by
ECOLOGY and the State of Washington because or'any breach of this Agreement by the REC[PIENT. ECOLOGY
may withhold payments for the purpose of setotT until slich time as the exact amount of damages due ECOLOGY from
the REC[PIENT is determined.
b) FOI' COllvenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best
intel'est of ECOLOGY, with a thirty (30) calendar days prior written notitication to the RECIPIENT, except as noted
below. If this Agreement is so tenninated, the parties shall be liable only tor performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the em:ctive date of termination.
Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event
funding ti'olll state. federal or other sources is withdrawn, reduced, or limited in any way after the eftective date and
prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate
the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any orthese options with no notitication or restrictions, although
ECOLOGY will make a reasonable attempt to provide notice.
Ifpayments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to
repay monies which had bet::n paid to the RECIPIENT prior to slIch termination.
RECIPIENT's obligation to continue 01' complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c) By Mutunl 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 Tenninatioll
All tinished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other
materials prepared by the RECIP[ENT under this Agreement, at Ihe option of ECOLOGY. will become property of
ECOLOG Y and the RECIP[ ENT shall be entitled to receive just and equitable compensation tor any satisfactory work
completed on sLich documents and other materials.
Nothing contained herein shall preclude ECOLOGY ti'om demanding repayment of all funds paid to the RECIP[ENT in
accordance with Recovery of Funds, identitled herein.
28. THIRD PARTY BENEFICIAR Y
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 subcuntracts with full rights as such .
29. WAIVER
Waiver of a default or breach of any provision of this Agreement is 1I0t a waiver of any subsequent default or breach,
and will not be construed a:> a lI1oditicatioll orlhe terms of this Agreement unless stated as such in writing by the
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