HomeMy WebLinkAboutReg 2007-11-19 Item 7C - Grant Agreement - NPDES Phase II Stormwater Management Plan from WA State Department of Ecology for $75,000
COUNCIL AGENDA SYNOPSIS
Meetin Date
11/19/07
ITEM No.
(.~,.
CAS NUMBER 07-135 I ORIGINAL AGENDA DATE: NOVEMBER 19/2007
AGENDA ITEM DTLE NPDES Phase II Stormwater Management Plan
Acceptance of WA State Department of Ecology Grant
CATEGORY ~ Discussion ~ Motion o Resolution o Ordinance o Bid Award o Public Hearing o Other
Mtg Date 11/19/07 Mtg Date 11/19/07 iHtg Date Mtg Date Mtg Date Altg Date ivItg Date:
SPONSOR o Council o Mqyor o Adm Svcs ODCD o Finance o Fire o Legal 0 P&R o Police ~PW
SPONSOR'S We received a Washington State Department of Ecology (DOE) grant for the NPDES Phase
SUMi\L\RY II Stormwater Management Plan in the amount of $75/000.00. Council approval is
required before accepting any grant. The total amount received will cover the stormwater
management plan contract with Parametrix that was approved by Council on 11/5/07.
REVIE\VED BY o cow Mtg. o CA&P Cmte o F&S Cmte o Transportation Cmte
~ Utilities Cmte o Arts Comm. o Parks Comm. o Planning Comm.
DATE: 11/06/07
RECOMMENDATIONS:
SPONSOR/ADMIN. Authorize Mavor to sign the grant contract.
COMi\ITITEE Majority approvali forward to Regular Council (due to 11/13 cancellation).
COST IMPACT I FUND SOURCE
ExPEJ."'illlTURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $
Fund Source: 412 Surface Water (page 136, Proposed 2008 CIP)
Comments:
MTG.DATE RECORD OF COUNCIL ACTION
11/19/07
MTG.DATE ATTACHMENTS
11/19/07 Information Memo dated November 1/ 2007
DOE Grant
Utilities Committee Meeting Minutes from November 6/ 2007
ITEM INFORMATION
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public Works Director~
November 1, 2007
NPDES Phase II Stormwater Management Plan
Project No. 93-DRIO
Grant Acceptance
ISSUE
Authorize Mayor to sign grant agreement with the Washington State Department of Ecology .
BACKGROUND
The National Pollutant Elimination System (NPDES) requires that the City implement a
comprehensive Stormwater Management Program that complies with the requirements outlined in
the City's NPDES Phase II permit that became effective February 16, 2007. To assist cities with
permit requirements, the Washington State Legislature approved grants of $75,000 to each of the
effected jurisdictions.
ACTION TAKEN
Staff notified the Department of Ecology of our intention to accept the $75,000 grant to develop an
NPDES Stormwater Management Plan and worked with Ecology to prepare the Grant Agreement.
RECOMMENDATION
Authorize Mayor to sign grant agreement with the Department of Ecology for $75,000.
RL:sb
attachments: Ecology Grant Agreement No. G0800198
(p:Projects\A- DR Projects\93DRIO\lnfo Memo &ology Grant)
LOCAL GOVER.J.~IENT STORiWW ATER GRA1~TS PROGRAlVI
GRA1~T AGREEMENT
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
THE CITY OF TUKWILA
THIS is a binding agreement entered into, by, and between the state of Washington Department
of Ecology (DEPARTMENT), and the City of Tukwila (RECIPIENT). The purpose of this
agreement is to provide funds to the RECIPIENT to carry out the requirements described herein.
PART I. GENERAL INFOR.J.V1ATION
Project Title:
Tukwila Local Government Stormwater Grant
Grant Number:
G0800198
RECIPIENT Name and Address:
City of Tukwila
6300 Southcenter Blvd, Suite 100
Tukwila, W A 98188
RECIPIENT Contact:
Telephone Number:
Fax Number:
E-Mail Address:
Ryan Larson
(206) 431-2456
(206) 431-3665
rlarson@ci.tukwila.wa.us
RECIPIENT Billing Contact:
Telephone Number:
Fax Number:
E-Mail Address:
Ryan Larson
(206) 431-2456
(206) 431-3665
rlarson@ci.tukwila.wa.us
RECIPIENT Federal ill Number:
91-6001519
DEPARTMENT Project/Financial Manager: Melanie Tyler
Mailing Address: Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, W A 98504-7600
(360) 407- 7 489
(360) 407-7151
mety461@ecy.wa.gov
Telephone Number:
Fax Number:
E-Mail Address:
Tukwila Local Government Stormwater Grant
City of Tukwila
Grant No. G0800198
DEP ART1tIENTFunding Source:
2007-09 Biennial Operating Budget/Local Toxics
Control Account
Total Cost:
Total Eligible Cost:
$75,000
$75,000
DEPARTMENT Share:
$75,000
DEPARTMENT Maximum Percentage:
100 percent
The effective date of this grant agreement is July 1, 2007. Any work performed prior to the
effective date of this agreement will be at the sole expense and risk of the RECIPIENT.
This agreement shall expire on June 30, 2009.
PART II. PERFORMANCE MEASURES
A. Water Quality Goal.
Improved stormwater management and water quality protection associated with
development and implementation of a stormwater management program.
B. Proiect Outcomes.
Local Government Stormwater Grants for local governments to receive grants for
municipal stormwater programs, including but not limited to:
1. Implementation of Phase II municipal stormwater National Pollutant Discharge
Elimination System (NPDES) permits.
2. Stormwater source control for toxics in association with clean-up of contaminated
sediment sites.
3. Stormwater source control programs for shellfish protection districts where
stormwater is a significant contributor.
C. Post Proiect Assessment.
The RECIPIENT agrees to submit a brief survey three years after project completion
regarding the key project outcomes and the status of environmental results or goals from
the project. The DEPARTMENT's Performance Measures Lead will e-mail the
RECIPIENT the Post Project Assessment Survey.
The DEPARTMENT may conduct on-site interViews and inspections, and may otherwise
evaluate the Project. The DEPARTMENT will enter the information provided into its
performance measures database to be provided to the \Vashington State Legislature,
United States Environmental Protection Agency, and other natural resource agencies.
Page 2 of8
Tukwila Local Government Stormwater Grant
City of Tukwila
Grant No. G0800198
Approximate Post Project Assessment Date: June 30, 2012
PART m. PROJECT DESCRIPTION
The RECIPIENT's stormwater project will address planning, implementation, or management of
municipal stormwater programs.
PART IV. PROJECT BUDGET
Tukwila Local Government Stormwater Grant
TOTAL ELIGillLE
ELEMENTS COST (TEC)*
Task 1 - Project Administration/Management $ 7,500
--
Task 2 - Implementation of Stormwater Planning and Management $67,500
Needs
Total $75,000
*The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost.
-
MATCHING REQUIREMENTS (There are no matching requirements)
DEPARTMENT Share FY 08 (100% ofTEC) $75,000
Payment Request Submittals. Payment requests will not be submitted more often than monthly,
unless allowed by the DEPARTMENT's ProjectlFinancial Manager. The DEPARTMENT's
ProjectlFinancial Manager may require the RECIPIENT to submit regular payment requests to
ensure efficient and timely use of funds.
Payment Schedule. Payments "vill be made on a cost-reimbursable basis.
PART V. SCOPE OF WORK
The RECIPIENT shall ensure that this project is completed according to the details of this _
agreement. The RECIPIENT may elect to use its own forces or it may contract for professional
services necessary to perform and complete project related work. The RECIPIENT certifies by
signing this agreement that all applicable requirements have been satisfied in the procurement of
any professional services. Eligible and ineligible project costs are separate and identifiable for
Page 3 of8
Tukwila Local Government Stormwater Grant
City of Tuk\.vila
Grant No. G0800198
billing purposes. If professional services are contracted, the RECIPIENT shall submit a copy of
the fInal contract to the DEPARTMENT's ProjectlFinancial Manager.
Task 1 - Proiect Administration/Mana2ement
A. The RECIPIENT shall administer the project. Responsibilities will include, but not be
limited to: maintenance of project records; submittal of payment vouchers, fIscal forms,
and progress reports; compliance with applicable procurement, contracting, and interlocal
agreement requirements; application for, receipt of, and compliance with all required
permits, licenses, easements, or property rights necessary for the project; and submittal of
required performance items.
B. The RECIPIENT shall manage the project. Efforts will include: conducting,
coordinating, and scheduling project activities and assuring quality control. Every effort
will be made to maintain effective communication with the RECIPIENT's designees; the
DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested
individuals or groups. The RECIPIENT shall carry out this project in accordance with
any completion dates outlined in this agreement.
C. The RECIPIENT shall submit all invoice voucher submittals and supportive
documentation, to the DEPARTMENT's ProjectlFinancial Manager. Copies of all
applicable forms shall be included with all original A19-1A, and shall be submitted the
DEPARTMENT. Blank forms are found in Administrative Requirements for Recipients
ofEcologv Grants and Loans.
Reauired Forms:
Form A19-1A (original signature)
Form B2 (BeY 060-7)
Form C2 (ECY 060-9)
Form D (BCY 060-11)
Where Eli2ible Costs Have Incurred:
Form E (BCY 060-12)
Form F (ECY 060-13)
Form G (BCY 060-14)
FormH(F-21)
Form I (BCY 060-15)
D. If work conducted results in a report, the RECIPIENT shall submit the following to the
DEPARTMENT's ProjectlFinancial Manager and in the quantities identifIed:
. Draft project completion reports - one electronic copy
. Final project completion reports - fIve copies
. Electronic copy offmal project completion report
The RECIPIENT shall submit two copies of any document(s) which requires
DEPARTMENT approval. Once approval is given, one copy will be returned to the
RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of
submittals should be adjusted accordingly.
Page 4 of8
Tukwila Local Government Stormwater Grant
City ofTukwila
Grant No. G0800198
Task2 - Implementation of Stormwater Planning and Management Needs
A. The RECIPIENT shall address stormwater management needs that protect or restore
water quality. The RECIPIENT may conduct work related to any ofthe following
eligible stormwater management outcomes:
. Implementation of activities required by the municipal stormwater National Pollutant
Discharge Elimination System (NPDES) permits.
. Stormwater source control for taxies in association with clean-up of contaminated
sediment sites.
. Stormwater source co"ntrol programs for shellfish protection districts where
stormwater is a significant contributor.
B. Examples of eligible projects or project components:
1. Conducting inventories of stormwater sources.
2. Establishing and refining stormwater utilities, including stable rate structures,
developing stormwater ordinances and regulations, initial staffIng, and other
capacity building activities to facilitate ongoing stormwater management needs.
3. Review existing and model stormwater regulations.
4. Mapping or geographic information systems of stormwater system infrastructure.
5. Source control activities, such as drain stenciling, business inspections, and public
information and communication.
6. Identification and removal of illicit stormwater discharges into municipal separate
storm sewer systems.
7. Completing detailed plans, for example, stormwater management plans,
engineering reports or facilities plans (including fmancing options and choices),
education and outreach plans, and source control progress reports;
8. Purchase of equipment for conducting stormwater monitoring.
9. Evaluation of stormwater quality.
10. Other activities consistent v.,rith Legislative provisos for this program or local and
regional stormwater management programs or permit compliance, which can be
completed by the June 30, 2009, deadline.
PART VI. SPECIAL TERMS AND CONDITIONS
A. Commencement of Work. In the event that the RECIPIENT fails to commence work on
the project-funded herein within four months after the effective date of this agreement, or
by any date mutually agreed upon in writing for commencement of work, the
DEPARTMENT reserves the right to terminate this agreement.
B. DEPARTMENT Funding Recognition. The RECIPIENT shall acknowledge and inform
the public about DEPARTMENT funding participation in this project as appropriate.
Page 5 of8
Tukwila Local Government Stormwater Grant
City of Tukwila
Grant No. G0800198
Examples include project signs and/or acknowledgement in published materials and
reports, the news media, or other public announcements. Projects addressing site-specific
locations must utilize appropriately sized and weather-resistant 'Signs.
C. Equipment Purchase. The purchase of equipment may be eligible under this project. If
the RECIPIENT determines that equipment is needed to achieve the project outcomes, a
request must be made to the DEPARTMENT. All equipment purchases must have prior
approval by the DEP ART11ENT.
D. Indirect Rate. To acknowledge overhead costs, the RECIPIENT may charge an indirect
rate up to 25 percent based on RECIPIENT employee's direct salary and benefit costs
incurred while conducting project related work, provided that prior to signature of this
agreement, the DEPARTMENT's Project/Financial Manager may require a list of items
included in the indirect rate during negotiations or thereafter. Items that are generally
included in an indirect rate are identified in Administrative Requirements for Recipients
of Ecology Grants and Loans.
E. Meetings/Light Refreshments. The RECIPIENT may spend up to $50 per meeting for
light refreshments associated with this project. The total amount spent for light
refreshments under this agreement cannot exceed $300.
F. Minority and Women's Business Participation. The RECIPIENl;' agrees to solicit and
recruit, to the maximum extent possible, certified minority-owned (MBE) and women-
owned (WBE) businesses in purchases and contracts initiated after the effective date of
this agreement.
In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the
RECIPIENT agrees to utilize the DEPARTMENT's goals for minority- and women-
owned business participation in all bid packages, request for proposals, and purchase
orders. These goals are expressed as a percentage of the total dollars available for the
purchase or contract and are as follows:
Construction/Public Works
ArchitecturelEngineering
Purchased Goods
Purchased Services
Professional Services
10% MBE
10% MBE
8% MBE
10% MBE
10%MBE
6% WBE
6% WBE
4% WBE
4% WBE
4% WBE
Meeting these goals is voluntary and no contract award or rejection will be made based
on achievement or non-achievement of the goals. Achievement of the goals is
encouraged, however, and the RECIPIENT and ALL prospective bidders or persons
submitting qualifications shall take the following affirmative steps in any procurement
initiated after the effective date of this Agreement:
Page 6 of 8
Tukwila Local Government Stormwater Grant
City ofTukwila
Grant No. G0800198
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's businesses are solicited whenever
they are potential sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
4. . Establish delivery schedules, where work requirements permit, which will
encourage participation of qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's
Business Enterprises (OMWBE) and the Office of Minority Business Enterprises
of the U.S. Department of Commerce, as appropriate.
By signing this Agreement, the RECIPIENT certifies that the above steps were, or will
be, followed. Any contractor engaged by the RECIPIENT under this agreement will be
required to follow the above five affirmative steps in the award of any subcontract(s).
The RECIPIENT shall report to the DEP AR.TMENT at the time of submitting each
invoice, on forms provided by the DEPARTMENT, payments made to qualified firms.
The report will address:
1. Name and state OMWBE certification number of any qualified firm receiving
funds under the voucher, including any sub-and/or sub-subcontractors.
2. The total dollar amount paid to qualified firms under this invoice.
G. Progress Reports. The RECIPIENT shall submit quarterly Progress Reports to the
DEPARTMENT's ProjectlFinancial Manager. Payment requests will not be processed
without a Progress Report.
Reportin2 Periods.
. January 1 through March 31
. April 1 through June 30
. July 1 through September 30
. October 1 through December 31
Reportin2 Due Date. Quarterly Progress Reports are due 15 days following the end of the
quarter.
Report Content. At a minimuni, all Progress Reports must contain a comparison of
actual accomplishments to the objectives established for the period, the reasons for delay
if established objectives were not met, analysis and explanation of any cost overruns, and
any additional pertinent information specified in this agreement.
Page 7 of8
Tukwila Local Government Stormwater Grant
City of Tukwila
Grant No. G0800198
PART VII. ALL WRITINGS CONTAINED HEREIN
This agreement, the appended GENERAL TERMS AND CONDITIONS, the DEPARTMENT's
current edition of Administrative Requirements for Recipients of Ecology Grants and Loans
("Yellow Book"), and the Local Government Stormwater Grants Program FY 2008 contain 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 modification(s) or
amendment(s) ofthis agreement shall be of any force or effect unless signed by authorized
representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement,
EXCEPT that in response to a request from the RECiPIENT, the DEPARTMENT may
redistribute the grant budget. The DEPARTMENT or RECIPIENT may change their respective
staff contacts without the concurrence of either party.
IN WITNESS WHEREOF, the parties hereb~ execute this Grant:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
CITY OF TUKWILA
DAVID C. PEELER DATE
WATER QUALITY PROGRAM MANAGER
STEVE M. MULLET
MAYOR
DATE
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
ATTEST/AUTHENTICATED:
JANE E. CANTU
CITY CLERK
DATE
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY
(Revised 7/9/07)
Page 8 of8
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT
and RECIPIENTs employees. The RECIPIENT shall only use contractor/consultant assistance if that has
been included in the agreement's final scope of work and budget.
B. SUBGRANTEElCONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees a'nd contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to
this agreement, the state of Washington is named as an express third-party beneficiary of such
subcontracts with full rights as such. .
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. RECIPIENT shall
retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned
by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws,
orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary
approvals and permits required by authorities having jurisdiction over the project, provide assurance to
the DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees
to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the
maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the
DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect wages and job
safety..
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT
shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in this project to give up any part of the compensation to which he/she is otherwise entitled or,
receive any fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this
agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or
object.
All grant/loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
1
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All granUloan records shall be open for audit or inspection by the DEPARTMENT or by
any duly authorized audit representative of the State of Washington for a period of at least three years
after the final grant paymenUloan repayment or any dispute resolution hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make
adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made
available to the DEPARTMENT and to any authorized state, federal or local representative for inspection
at any time during the course of this agreement and for at least three years following granUloan
termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMS Circular A-133 (Audits of States, Local
Governments & Non Profit Organizations), including the compliance Supplement to OMS Circular A-133,
if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for
each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a
copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the
DEPARTMENT within ninety (90) days of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request
or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing
to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability
to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the
action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation.
Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30,
July :1 through September 30, and October 1 through December 31. Reports shall be due within thirty
(30) days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as
specified in the grant agreement and no more often than once per month. Each request for payment will
be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along
with documentation of the expenses. Payments shall be made for each task/phase of the project, or
portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as
satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable costs by
major elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the
DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests
are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project
Officer assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT
pursuant to the granUloan agreement and performed after the effective date and prior to the expiration
date of this agreement, unless those dates are specifically modified in writing as provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for
compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15)
days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten
percent (10%) of each reimbursement payment as security for the RECIPIENTs performance. Monies
withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a
portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is
2
reasonable and approved according to this agreement and, as appropriate, upon completion of an audit
as specified under section J.6. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final
audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be
refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state
employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided
for in the Scope of Work hereunder. .
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event
the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required
of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or
terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under
this agreement, at the option of the DEPARTMENT, shall become Department property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of
any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the
purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the
RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent
on the availability of state and federal funds through legislative appropriation and state allotment. When
this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the
appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be
good cause to terminate this agreement as provided in paragraph K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation
of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in
accordance with Section 0 herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the
project funded herein within four months after the effective date of this agreement, or by any date
mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to
terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach
of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as
a modification of the terms of this agreement unless stated as such in writing by the authorized
representative of the DEPARTMENT.
3
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or
invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover
or otherwise use the material(s) or property and to authorize others to use the same for federal, state or
local government purposes.
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C.
200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs,
brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENTs current edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and
personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence
of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with
respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to
the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or
damaged while in the RECIPIENTs possession, the DEPARTMENT shall be reimbursed in cash or by
setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this
agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT
shall establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire
title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may
include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that
the land is freeJrom any impediment, lien, or claim which would impair the uses contemplated by this
agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed
pursuant to this agreement to uses other than those for which assistance was originally approved without
prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the
DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance
which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction
costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include use
of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more
information, see www.ecy.wa.gov/sustainability..
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent
upon satisfactory performance of this agreement including the satisfactory completion of the project
described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations
required of it by this agreement, the RECIPIENT may, at the DEPARTMENTs sole discretion, be required
to repay to the DEPARTMENT all granUloan funds disbursed to the RECIPIENT for those parts of the
project that are rendere~ worthless in the opinion of the DEPARTMENT by such failure to perform.
4
Interest shall accrue at the rate of twelve percent (12%) per year from the time the
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated
to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired
under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENTS property
and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of
such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer
or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is
a dispute with regard to the extent and character of the work to be done, the determination of the Project
Officer or other designated official as to the extent and character of the work to be done shall govern.
The RECIPIENT shall have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising
under this agreement which is not disposed of in writing shall be decided by the Project Officer or other
designated official who shall provide a written statement of decision to the RECIPIENT. The decision of
the Project Officer or other designated official shall be final and conclusive unless, within thirty days from
the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the
opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or
duly authorized representative for the determination of such appeals shall be final and conclusive.
Appeals from the Director's determination shall be brought in the Superior Court of Thurston County.
Review of the decision of the Director will not be sought before either the Pollution Control Hearings
Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT
shall proceed diligently with the performance of this agreement and in accordance with the decision
rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any
decision which affects his/her personal interest or the interest of any corporation, partnership or
association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or
pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided in the Scope
of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party
shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons
or property arising from the negligent act or omission of that party or that party's agents or employees
arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be
given effect without the invalid provision, and to this end the provisions of this agreement are declared to
be severable.
5
v. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and
State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms
incorporated herein by reference including the "Administrative Requirements for Ecology Grants and
Loans"; and (e) the General Terms and Conditions.
SS-010 Rev. 04/04
6
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City of Tuhwila
Utilities Committee
UTILITIES COlVINIITTEE - Meeting Minutes
November 6, 2007- 5:00 p.m.
PRESENT
Councilmembers:
Absent:
Staff:
Joe Duffie, Acting Chair; Dennis Robertson (filling in for quorum)
Joan Hernandez and Jim Haggerton
Jim Morrow, Frank marte, Pat Brodin, Bob Giberson, Ryan Larsen, Gail Labanara,
Kevin Fuhrer and Kimberly Matej
CALL TO ORDER: Acting Chair Duffie called the meeting to order at 5: 17 p.m.
I. PRESENTATIONS - No presentations.
II. BUSINESS AGKNDA
A. South 1291h Street Drainage Modifications - Bid Award
Staff is seeking full Council approval to award a construction contract to Brike Excavating, LLC in the
amount of $37,697.91 for drainage modifications on South 129th Street (Codiga property). These
modifications are a result of the incorrect placement of a drainage swale in 1999. The error in original
placement of this drain was caused by misinterpretations by the City and as well as the project engineers,
KPG. KPG is working with staff on relocation design at no cost to the City. This project is being funded
through the surface water budget. UNAl\1JlVIOUS APPROVAL. FORWARD TO NOVEMBER 19
REGULAR MEETING.
B. 1\TPDES Phase II Stormwater Management Plan
Staff is seeking full Council approval for the Mayor to sign a grant agreement with the Department of
)j:ECOIOgy in ~he amount of $7~,000. Thes~ ~nd~ w. ill be utilized to create a st~rmwater man~gement plan
for the Nahonal Pollutant DIscharge EhmmatlOn System (NPDES) as reqmred by the CIty'S 1\TPDES
Phase II permit. Council approved a consultant agreement with Parametrix, Inc. at the November 5
Regular Council meeting relating to this project. Essentially, the project will be paid for the Department
of Ecology. No matching funds are required for this grant. UNAt'\ThIOUS APPROVAL. FORWARD
TO NOVEMBER 19 REGULAR MEETING.
C. 2007 Third Quarter Report to Council
The Committee reviewed the status of program goals as outlined III the Second Quarter Report.
ThTFORlvIATION ONLY.
D. 2008 Proposed Budget and CIP Review
The Committee reviewed the CIP pages as outlined below. FORWARD TO NOVEMBER 19
REGULAR .MEETING FOR BUDGET DISCUSSION.
Attachment A
Attachment B
Attachment C
CIP
PAGES
VII-IX
X
XI-XIV
m.lVIISCELLAt'\TEOUS - Meeting adjourned at 5:25 p.m.
Next meeting: Tuesday, November 20,2007 - 5:00 p.m. - Conference Room No. 1.
Committee Chair Approval
Minutes by KAM. (Approved by Councilmember Duffie; to be initialed upon return from NLC Conference)
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