HomeMy WebLinkAboutUtilities 2008-02-04 Item 3E - Interlocal Agreement - Recycling Program Grant Funds
City of Tukwila
Jim Haggerton, lv!ayor
Department oj Community Development
jack Pace, Director
To:
From:
Subj:
Date:
Utilities Committee ~
Jack Pace, DCD Director \\
Recycling Grants lnterloc greements
January 28, 2008
ISSUE
Signed interlocal agreements are needed so that the Tukwila Recycling Program can
accept and use its approved grant funding for 2008 and 2009.
BACKGROUND
Since the 1990's, Tukwila's Recycling Assistance Program has been operated entirely
through grant funding, without the use of General Fund monies.
Tukwila has received two grants that support the Recycling Program initiatives--one is a
Waste ReductionlRecycling grant (W/RR) from the King County Solid Waste Division,
and the other is a Coordinated Prevention grant (CPG) from the Washington Department
of Ecology. Both grants cover the period from January 1,2008 through December 31,
2009, and each requires a signed interlocal agreement.
DISCUSSION
The grants are described below:
Waste ReductionlRecycling Grant (W/RR)
The Waste Reduction/Recycling grant from the King County Solid Waste division totals
$78, 655 for the 2008-2009 grant period. (Attachment A) The grant will be spent evenly
over two years, with $39,327.50 budgeted in both 2008 and in 2009. WRR grant funds
will be allocated as follows:
· Special Residential Recycling Collection-($15,000)
Hold two yearly events to collect hard-to-recycle goods (i.e. electronics, tires,
furniture, bulky yard debris, etc.) from Tukwila residents
· Residential Recycling-Food Waste Program ($12,000)
Provide Tukwila residents with countertop food waste recycling containers, and
educational materials on home food waste recycling.
· Non-residential Recycling-($51,645)
Assist Tukwila businesses in reduce waste, starting or improving a recycling
program, purchase recycled products, and, where possible, to develop sustainable
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ATTACHMENT A
CONTR.ACT # D36991 D
INTERLOCAL AGREEMENT FOR 2008-2009
Between
KING COUNTY and the CITY OF TUK\VILA
This two-year Interlocal Agreement (hereinafter referred to as the Agreement) is executed between King
County, a political subdivision of the State of Washington, and ~heCity ofTukwila, a municipal
corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively.
This Agreement has been authorized by the legislative body of each party as designated below:
King County Ordinance No. 2003:'0462
City
. PREAMBLE
King County and the City of Tukwila adopted the 2001 King County Comprehensive Solid Waste
Management Plan, which includes waste reduction and recycling goals. In order to help meet these
goals, the King County Solid Waste Division has established a waste reduction and recycling grant
program for the cities that operate under the King County Comprehensive Solid Waste Management
Plan. This program provides funding to further the development and/or enhancement of local waste
.reduction and recycling projects and for broader resource conservation projects that integrate with waste
reduction and recycling programs and direction. This grant program does not fund household hazardous
waste collection activities. Program eligibility and grant administration terms are discussed in the Grant
Guidelines, attached to this agreement as Exhibit B. Grant funding for this program is subject to the
yearly budget approval process of the King County Council.
Grant funding approved by the King County Council is available to all King County cities that operate
under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant
funds to fulfili the terms and conditions set forth in the scope of work which is attached hereto as Exhibit
A and incorporated herein by reference. The County expects that any information and/or experience
gained through the. grant program by the City will be generously shared with the County and other King
County cities.
I. PURPOSE
The purpose of this Agreement is to define.the terms and conditions for funding to be provided to the
City of Tukwila by the County for waste reduction and recycling programs and/or services as outlined in
the scope of work and budget attached as Exhibit A.
I .
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. 4. If the City accepts funding through this grant program for the provision of Waste Reduction and
Recycling programs and projects for other incorporated areas of King County, the City shall'
explain the relationship with the affected adjacent city or cities that allows for acceptance of this
funding and the specifics of the proposed programs and projects within the scope of work
document related thereto.
5. The City shall be responsible for following all applicable Federal, State and local laws,
ordinances, rules and regulations in the performance of work described herein. The City assures
that its procedures are consistent with laws relating to public contract bidding procedures, and the
County neither incurs nor assumes any responsibility for the City's bid, award or contracting
process.
6. During the performance of this Agreement, neither the City nor any party subcontracting under
the authority of this Agreement shall discriminate on the basis efrace, color, sex, religion,
nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or
physical handicap in the employment or application for employment or in the administration or
delivery of or access to services or any other benefits under this Agreement as defined by King
County Code, Chapter 12.16.
7. During the performance of this Agreement, neither the City nor any party subcontracting under
the authority of this Agreement shall engage in unfair employment practices as defined by King
County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and
local laws, ordinances, executive orders'and regulations that prohibit such discrimination. These
laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights
Act of 1964.
8. The City shall use recycled paper for the production of all printed and photocopied documents
related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for
copying and printing and shall use recycled/recyclable products wherever practical.
9. The City shall maintain accounts and records; including personnel, financial, and programmatic
records, and other such records as may be deemed necessary by theCounty, to ensure proper
accounting for all project funds and compliance with this Agreement. All such records shan
sufficiently and properly reflect all direct ~d indirect costs of any nature expended and service
provided in the performance of this Agreement.
These records shall be maintained for a period of six (6) years after termination hereof unless
permission to destroy them is granted by the Office of the State Archivist in accordance with
RCW Chapter 40.14. These accounts shall be subject to inspection, review or audit by the County
and/or by federal or state officials as so authorized by law.
. .
10. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is
purchased with grant funds from King County for a total period of three (3) years. The records
shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King
County by March 31 of each year through the year 2012.
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An
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The City of Tukwila's estimated grant funds for 2009 are $39,323. 2009 funds are not available
until January 1, 2009, and 2009 funding is contingent upon King County Council approval of the
2009 King County budget. Following approval oftfie 2009 King County budget, the County's
grant program administrator will notify the city of the final 2009 grant funding.
2. Within forty-five (45) days of receiving a request for reimbursement from the City, the County
shall either notify the City of any exceptions to the request which have been identified or shall
process the request for payment. If any exceptions to the request are made, this shall be done by
written notification to the City providing the reason for such exception. The County will not
authorize payment for activities andlor expenditures which are not included in the scope of work
and budget attached as Exhibit A, unless the scope has been amended according to Section V of
this Agreement. King County retains the right to withhold all or partial payment if the City's
report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation
of expenditures and/or adequate description of each activity described in the scope of work for
which reimbursement is being requested), andlor are not consistent with the scope of work and
budget attached as Exhibit A.
3. The County agrees to credit the City on all printed materials provided by the City to the County,
which the County duplicates, for distribution. . Either the City's name and logo will appear on
such materials'(including fact sheets, case studies,Uetc~), or, at a minimum, the County will credit
the City for artwork or text provided by the City as follows: "artwork provided courtesy of the
City of Tukwila" andlor "text provided courtesy of the City of Tukwila".
4. The County retains the right to share the written material(s) produced by the City which have
been funded through this program with other King County cities for them to duplicate and
distribute. In so doing, the County will encourage other cities to credit the City on any pieces that
were produced by the City.
5. The waste reduction and recycling grant program shall be administered by Morgan John, a Project
Manager, or designee, to be specified by the King County Solid Waste Division.
III. DURATION OF AGREEMENT
This Agreement shall become effective on either January 1, 2008 or the date of execution of the
Agreement by both the County and the City, if executed after January 1, 2008 and shall terminate on
December 31,2009. However, if execution by either party does not occur until after January 1,2008,
this Agreement allows for disbursement of grant funds to the City for County-approved programs
initiated between January 1, 2008 and the later execution of the Agreement provided that the City
complies with the reporting requirements of Section II. A of the Agreement.
IV. TERMINATION
A. This Agreement may be terminated by King County, in whole or in part, for convenience without
cause prior to the termination date specified in Section III, upon thirty (30) days advance written
notice
B. This Agreement may be tenninated by either party, in whole or in part, for cause prior to the
termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for
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VII. INSlJRt\.NCE
A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for
the duration of the Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with performance of work pursuant to this
Agreemer:t by the City, its agents, representatives, employees, and/or subcontractors. The minimum
limits of this insurance shall be $1,000,000 general liability insurance c9mbined single limit per
occurrence for bodily injury, personal injury, and property damage. Any deductible or self-insured
retentions shall be the sole responsibilIty oftne City. Such insurance shall cover the County, its
officers, officials, employees, and agents as additional insureds against liability arising out of
activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of
Insurance is attached to this Agreement as Exhibit C, unless Section VILB. applies.
B. lfthe Agency is a Municipal Corporation or anagency of the State of Washington and is self-insured
for any of the above insurance requirements, a written acknowledgement of self-insurance is attached
to this Agreement as Exhibit C.
VIII. ENTIRE CONTRACTfWAlVEROF DEFAULT
This Agreement is the complete expression of the agreement of the County and City hereto, and any oral
or written representations or understandings not incorporated herein are excluded. Waiver of any default
shall not be deemed to be a waiver of -any subsequent default. Waiver of breach of any provision of this
. Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be .
construed to be a modification of the terms of this Agreement unless stated to be such through written
approval by the County, which shall be attached to the original-Agreement.
IX. TIME IS OF THE ESSENCE
The County and City recognize that time is of the essence in the performance of this Agreement.
X. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Agreement is,for any' reason, found to be
unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions.
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vVRR GRANT
2008-2009 Scope of Work
City of Tukwila
A. Basic Information
1. City ofTukwila
2. City Optional Program,. Waste Reduction and Recycling Program
3. Rebecca Fox, Senior Planner
City ofTukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
206-431-3683 (phone)
206-431-3665 (fax)
rtox{2V,ci. tukwila. wa. us
4. The City of Tukwila will work with consultants for residential and non-residential
assistance. We plan to use Olympic Environmental Resources to run our Special
Recycling Events.
5. Budget:
2008: $39,323
2009: $39,322
Total Amount Requested: $78,645 for 2008 through 2009 including:
· Special Recycling Collection -$15,000 (approximately $7,500 to be spent in
both 2008 and 2008)
· Non-residential Recycling--$51, 645 (approximately $25, 322 to be spent in
both 2008 and 2009, including $7,425 local match totaling for CPG grant))
· Food Waste Recycling Containers and Infonnation--$12, 000 (approximately
$6; 000 to be spent in ooth 2008 and 2009)
Scope of Work
1. Task One: Special Recycling Collection Events
a. Schedule - One event each in Spring, 2008 and Spring, 2009
b. ProgramJProject Specifics
1) Proj ect Activities
· Number of events - Two
· Materials to be collected:
· Applian.ces
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Management/Staffing / Admin
Event Staff Costs
CollectionlHauling Costs
· Wood Waste
· Scrap Metal, Appliances, etc.
. Tires
Printing/Mail ing
Event Supplies
Other Expenses-rentals. etc.
TOTALS
$4, 150
$1,600
$1,400 .
$2,800
$1, 100
$2,050
$300 .
$1. 600
$15,000
*Hourly rates for consultant staff are as follows: Project Manager - $70.00, Event Staff _
$55.00, and Administrative Staff - $40.00.
E) Task Performance Objectives:
The City plans to send out approximately 7,500 promotional flyers to Tukwila
households per event and publicize the event through King County
promotional activities, including County websites and telephone assistance.
The City anticipates collecting 45-60 tons of material from the local waste
stream per year.
After collection, materials will be diverted from the waste stream and
processed for recycling. The event will also provide an opportunity to recycle
modenite risk waste, although this will not be pa~d for with WRR funds. The
King County Health Department, the City of Tukwila, and Washington State
Department of Ecology will pay for event expenses as well.
Allied may also participate in the Spechtl Residential Collection Event by
holding the collection events that have been specified in its contract with the
City of Tukwila as part of the Special Residential Collection Event. If this is
the case, the project budget will be adjusted accordingly.
F) Task Impact Objectives:
By hosting Recycling Collection Events, Tukwila can reduce the amount of
recyclable material that goes to the local landfill. With a population of
approximately 18,000, the City of Tukwila expects, that 400-600 households
will actively participate each year by bringing recyclable materials to the
event for proper disposal and recycling. This will result in 45-60 tons of
material diverted from the local waste stream for recycling per year.
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Recycling and Waste Prevention Specialist (consultant to the City of Tukwila) will
respond to all requests for information and assistance.
We will target property managers to initiate and maintain assistance in recycling, waste
prevention, and procurement of recyc1edcontent products, as well as other resource
conservation/sustainability messages. We plan to coordinate efforts with Allied Waste to
encourage outreach resulting in increased business recycling. We expect Westfield
Shoppingtown Center-Southcenter to be a special focus in 2008-2009 as it completes its
renovation and expansion, and begins to occupy the space.
As time and resources permit, we will undertake the following at City of Tukwila facilities:
· In-house Recycling: We will focus attention on improving recycling at the City of
Tuk\\ila facilities and assisting employees with in-house recycling programs. As
appropriate, we may perform waste audits on City facilities, and make adjustments
to in-house practices to provide more recycling options.
· Parks Recycling Pilot Program: We would like to purchase several recycling bins to
establish a pilot recycling program at a Tukwila park. We will work with Parks and
Recreation staff to develop procedures that minimize the amount of contamination in
the recyclables and will enable Parks staff to collect recyclables efficiently.
In addition to telephone, e-mail, mail or on-site assistance, and maintaining and updating
our website presence, we will continue our recognition program to highlight outstanding
business recycling programs ("Tukwila Green Works" and "Tukwila Business Recycler of
the Year"). We will also provide informational materials promoting non-residential
recycling, including an e-newsletter, case studies, informational stickers, handout for use
with janitorial companies
We will provide information to targeted industries, about selected materials, or about the
overall benefits of recycling/waste prevention. If other opportunities arise, we will take
advantage of them by adjusting theworkplan. We will provide timely, scheduled telephone
follow-up for all businesses reached for technical assistance.
We will assist businesses with recycling, waste prevention and purchasing of recycled
content goods, and, by contacting companies directly with individualized information and
by following up with them, we hope to prepare and motivate businesses to improve their
solid waste behaviors.
We will coordinate our technical assistance activities v-.ith the King County's Business
Recycling Program by working v-.ith any Tukwila business that has been referred by the
County. As appropriate, we will mal<e most efficient use of resources by participating in the
County's industry- or topic-specific campaigns or other initiatives.
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Program I
Consultant $19,500 * $19,500* I $39,000
Staffiadmin. $822.50 I $822.50 i $1 645
i '~, .
Supplies/mat'ls $500 $500 I $1,000
Printing/ $3,000 $3,000 $6,000
Mailing
Capital Costs $2,000 $2,000 $4,000
(Containers)
* Includes $7, 425 for local matching funds as required by CPG grant program
Task Three: Residential Program
Subtask 1.: Food Waste Program Promotion
a. Project Manager: Rebecca Fox
b. Consultant: We will select acorisultant to develop promotional materials
and to distribute in-home food waste containers to residents.
C. Schedule:
Subtask 1: Food waste containers to be distributed in 2008 and/or 2009.
d. Goal:
Subtask 1:
· Increase awareness of and participation in food waste and yardwaste
recycling programs among (single-family) Tukwila residents
e. ProgramlProject Specifics .
1) Background/History
Vegetative food waste recycling is now offered to Tukwila residents who subscribe to
yardwaste recycling. It is included in Allied Waste's contract with the City ofTukwila.
Yardwaste collection is not part of the standard fee for solid waste (garbage and
recycling) service, -so Tukwila solid waste customers still must pay a separate fee to
receive yard waste sef':'ice.
We plan to offer the countertop food waste containers to residents who subscribe to
yardwaste service. By providing the containers either for free or for a very minimal
cost, we hope to educate people about the benefits of food waste recycling, and to
encourage them to sign up lor yardwaste collection service.
Task Performance Objectives:
Subtask 1: Over the grant period, the City will make approximately 300 to 500
plastic countertop food waste containers available to residents either at a specific sales
event, at Special Recycling Collections, or through a "virtual" sale (i.e. by mail). The
City will buy containers, subsidize the cost using \VRR funding, and either give the
containers to the residents for free or for a very reduced cost. We will work \vith Allied
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ATTACHMENT B
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
ANTI
CITY OF TUKWILA
Grant No: G0800340, Coordinated Prevention Grant Regular Cycle Agreement.
This is a binding agreement entered into by and between the State of Washington Department of Ecology,
hereinafter referred to as ECOLOGY, and City ofTukwila, hereinafter referred to as the RECIPIENT, to carry out
the activities described herein.
JURISDICTION;
MAILING ADDRESS:
CITY, STATE, ZIP:
RECIPIENT GRANT COORDINATOR:
TELEPH01\TE:
FAX:
E-MAIL:
RECIPIENT BILLING/INVOICE COORDINATOR:
TELEPHONE:
FAX: .
E-MAIL:
ECOLOGY GRANT OFFICER:
TELEPHONE:
FAX:
E-MAIL:
FUNDING SOURCE
MAXIMUM ELIGIBLE COST $
STATEGRANTSHARE $
LOCALSHARE $
STATE MAXIMUM GRANT PERCENT
FEDERAL TAX IDENTIFICATION NO.
City ofTukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
Rebecca Fox
(206) 431-3683
(206) 431-3665
rfox@ci.tukwila.wa.us
Rebecca Fox
(206) 431-3683
(2Q6} 431-3665
rfox@ci.tukwila.wa.us
Peter D. Christiansen
(425) 649-7076
(425) 649-7098
pchr461@ecy.wa.gov
Local Toxics Control Account
29,701
22,276
7,425
75%
91-6001519
For the purpose of this agreement, the RECIPIENT will be allowed to match the state grant share with cash and
interlocal in-kind costs in accordance with application instructions.
This agreement is effective on January 1, 2008. Any work performed prior to the effective date of this
agreement without prior written authorization and specified in the Scope of Work will be at the sole expense and
risk of the RECIPIENT. This agreement shall expire no later than December 31, 2009.
/::'J
Grant No. G0800340
Coordinated Prevention Grant Regular Cycle Agreement
with City ofTukwila
Method of Evaluation: The RECIPIENT will carry out a phone or e-mail survey of approximately 50
selected businesses, asking them about their recycling! waste reduction/resource conservation practices
prior to, and after receiving assistance to see if they ChaJlge any behavior or adopted a new practice.
* Estimated Project Cost: $ 29, 891
COMMUNICATION
ECOLOGY's regional grant officer will contact the RECIPIENT grant coordinator as needed to monitor progress
toward goals and check consistency with Work Plans and Timelines. It is the responsibility of the RECIPIENT to
contact his or her grant officer with any other questions or concerns regarding the grant. Grant officers are
available to provide technical assistance at any time during the grant cycle.
BILLING AND REPORTING
A payment request consists ofFonns A-19, B2, C2 and a progress report. Unless stated otherWise in this
agreement, the RECIPIENT must submit a payment request (with a progress report) at least quarterly, but no
more often than once per month. The RECIPIENT has elected to budget by category and therefore shall itemize
by category element on the B2 and C2 forms and as laid out in the following CPG Budget Table. Itemized costs
in payment requests must be by category.
The RECIPIENT has elected to submit all supporting documentation as back-up with each payment request. The
RECIPIENT must also keep record of supporting documents in accordance with the requirements outlined in the
most recent revision of Administrative Requirements for Recipients of Ecology Grants and Loans and make these
documents available to ECOLOGY staffupon request.
The RECIPIENT must also complete a Final Performance Analysis (FP A) form online through the Information
Clearinghouse. The FP A must be submitted before ECOLOGY can process your final payment request. The
final-payment request and the FPA are due no later than February 15, 2010 for Regular Cycle grants.
REGULAR CYCLE CPG BUDGET
CATEGORY TOTAL CATEGORY COST:
CPG BASE (174/117)
A. WASTE REDUCTION AND RECYCLING $ 29,701
TOTAL MAXIMUM ELIGIBLE COST $ 29,701
Page 3 of7 _
<:1::
Grant No. G0800340
Coordinated Prevention Grant Regular Cycle Agreement
with City of Tukwila
B. PROCUREMENT ANTI CONTRi\CTS
1. The RECIPIENT shall follow their sta..l1dard procurement procedures and/or applicable state law in
awarding contracts; RECIPIENTS with no formal procurement procedures must comply with the
"Standards for Competitive Solicitation", found in the most recent revision of Administrative
Requirements for EcologY Grants and Loans.
2. Following execution, at the request of ECOLOGY, the RECIPIENT shall submit a copy of all
requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating-t{) this
grant agreement to ECOLOGY.
3. The RECIPIENT may use existing contracts that conform to adopted procurement procedures and
applicable state laws. The RECIPIENT shall notify ECOLOGY if it used contracts entered into prior
to the execution of the grant agreement for performance of grant funded activities.
C. SEP A COMPLIANCE
To ensure that environmental values are considered by the state and local government officials when
making decisions, the RECIPIENT shall comply with the provisions of the State Environmental Policy
Act (SEPA),Chapter 41.23C RCW, and the SEPA Rules, Chapter 197-11 WAC. Copies of the SEPA
documents shall be sent to:
ECOLOGY's Environmental Review and Transportation Section
P.O. Box 47703
Olympia, W A 98504-7703
D. WETLANDS PROTECTION
To comply with the directive of Executive Order 90-04, Protection of Wetlands, all local governments are
requested and encouraged to make all of their actions consistent with the intent of this executive order;
specifically, (1) to avoid, to the extent possible, adverse impacts associated with the destruction or
modification of wetlands, and (2) to avoid direct or indirect support of new construction in wetlands
wherever there is a practical alternative.
E. FAILURE TO COMMENCE WORK
ECOLOGY reserves that right to terminate this agreement in the event the RECIPIENT fails to
commence work on any of the projects funded herein within six (6) months after the effective date.
F. PROJECT INCOME
Any income directly generated as a result of the activities funded by this grant shall be reported as a credit
against the expenses of that activity, as required by ECOLOGY's Administrative Requirements for
Ecology Grants and Loans.
G. GRANT REPORTING
1. The RECIPIENT, in conjunction with submission of payment requests, or at the request of the
grant officer, shall prepare Progress Reports and submit them to ECOLOGY. The RECIPIENT
must also complete and submit a Final Performance Analysis (FP A).
Page 5 of7
Grant No. G0800340
Coordinated Prevention Grant Regular Cycle Agreement
with City of TukwiIa
5. Use the services and assistance of the State Offi.ce of Minority and \-Vomen's Business Enterprises
(OMWBE) and the Office ofMinorirj Business Enterprises of the U.S. Department of Commerce, as
appropriate.
The RECIPIENT may report to ECOLOGY payments made to qualified firms at the time of submitting
each invoice and on forms provided by ECOLOGY; the information should include:
· Name and State OMWBE certification number of any qualified firm receiving funds under the
. voucher, including any sub-andlor sub-subcontractors.
· The total dollar amount paid to qualified firms under this invoice.
K. ALL WRlTINGS CONTAINED HEREIN
This agreement, the "General Terms and Conditions", and ECOLOGY's Administrative Requirements for
Ecology Grants and Loans, contain the entire understanding between the parties, and there are no other
understandings or representations except as those set forth or incorporated by reference herein.
IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Laurie Davies
Program Manager
Solid Waste and Financial Assistance
Date
Date
APPROVED AS TO FORM ONLY
Assistant Attorney General
/'II A V 0 f(
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