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HomeMy WebLinkAboutAgreements/Contracts - Public WorksK2-181 l D T FR r - �c AM AWN& In L NOV gA r 21021 E L U�Jy a Iffieppmw Mate ofa h i n gton GRANT COUNTf � 4 7 a Agreement No. SWMLSWFA-2021-GrCoPW-00007 SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND GRANT COUNTY PUBLIC WORDS This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and GRANT COUNTY PUBLIC WORKS, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: IMP Grant Co PW $4399326.67 $4399326.67 $3295495.00 $109,831.67 07/01/2021 06/30/2023 Planning & Implementation Project Short Description: Grant County Public Works will spend $439,326.67 to properly manage 80 tons of household hazardous waste and 35 tons of tires; recycle 135 tons of cardboard and aluminum cans; divert 32 tons of organics; finish updating the local solid waste management plan; and clean 16 homeless encampments. Proiect Lona Description: See the Scope of Work section for more detailed information related to individual Tasks. Overall Goal: Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental contamination through g planning and project implementation; and comply with state and local solid and hazardous waste managementlans and laws. p State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS RECIPIENT INFORMATION Organization Name: GRANT COUNTY PUBLIC WORKS Federal Tax ID: 91-6001319 DUNS Number: 000000000 Mailing Address: 124 Enterprise Street SE Ephrata, WA 98823 Physical Address: 124 Enterprise Street SE Ephrata, Washington 98823 Organization Email: publicworks@grantcountywa.gov Organization Fax: (509) 754-6087 Contacts Template Version 12/10/2020 Page 2 of 30 State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Page 3 of 30 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS Project° Manager g Joan Sieverkropp Solid Waste Programs g s Coordinator 124 Enterprise St SE Ephrata, Washington 98823 Email: jsieverkropp@grantcountywa.gov Phone: (509) 754-6082 Pilling Contact Joan Sieverkropp Solid Waste Programs Coordinator 124 Enterprise St SE Ephrata, Washington 98823 Email: jsieverkropp@grantcountywa.gov Phone: (509) 754-6082 Samuel Castro Authorized Director Signatory 124 Enterprise Street SE Ephrata, Washington 98823 Email: samcastro@grantcountywa.gov Phone: (509) 754-6082 Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Page 4 of 30 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS ECOLOGY INFORM,A,TION Mailing Address: Department of Ecology Solid Waste Management PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Solid Waste Management 300 Desmond Drive SE Lacey, WA 98503 Contacts Paula Wesch Project Manager 4601 N Monroe Street Spokane, Washington 99205-1295 Email: pwes461 @ecy.wa.gov Phone: (509) 329-3545 Paula Wesch Financial Manager 4601 N Monroe Street Spokane, Washington 99205-1295 Email: pwes461 @ecy.wa.gov Phone: (509) 329-3545 Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-202 I -GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS AUTHORIZING SIGNATURES Page 5 of 30 RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and othenvise do all things necessary for or incidental to the performance of work as set- forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions of this Agreement, Scope of Work, attachments, and 'incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOL* OGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology By: Laurie Davies Solid Waste Management Program Manager Template Approved to Form by Attorney General's Office Template Version 12/10/2020 Date: 2021.12.02 11:03:08 -08'00' Date GRANT COUNTY PUBLIC WORKS By -O � o?� 1,�21 L Samuel Castro Date Director /) P , (1 e�3 2, ( LA�_ State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS Cindy Carter Page 6 of 30 f Chair, Board o County Commissioners, Date Grant County, Washington Template Version 12/10/2020 State of Washington Department of Ecology Page 7 of 30 Agreement No: SVA4LSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS SCOPE OF WORD Task Number: 1 Task Cost: $245,000.67 Task Title: MRW Collection and Management Task Description: Costs covered by existing product stewardship organizations (E -Cycle Washington, Li htRec g g ycle Washington, Ca112Recycle and PaintCare) and costs covered by new product stewardship organizations that are full implemented ' y p mented during this agreement period are not eligible for reimbursement through LSWFA. RECIPIENT accepts limited HHW at drop box locations and uses a Resolution with the Regional g al Board of Mayors (RBOM) to provide oil collection. RECIPIENT accepts hard -to -recycle items such as Freon-containingappliances. pp nces. ACTIVITY: MRW COLLECTION EVENTS RECIPIENT is participating in the PaintCare product stewardship program and will be ting im lemen • ' p special collection events. ECOLOGY encourages RECIPIENT to contact PaintCare to coordinate PaintCare'sresence at ' p events. wr11 take all acceptable products during the event at no charge to the RECIPIENT, resultingin a cost savings to the RECIPIENT. LSWFA will not cover the costs at collection events that are covered by PaintCare. RECIPIENT will offer six HHW collection events through a contractor and u to four tailgate even p g events. Reimbursement for costs incurred by contractors to implement work identified in this Task are subject b�ect to the same eligibility and reimbursement requirements as the RECIPIENT, and require ECOLOGY approval. WORK TO BE PERFORMED RECIPIENT will: - Manage HHW collection events - Manage interlocal agreement to collect used oil and transport used oil from dropbox sites to the E • storage Ephrata Landfill for interim - Provide storage, maintenance, supplies, and equipment to collect limited HHW throughout Grant g County - Decommission Freon -containing appliances and properly manage Freon CONTRACTOR will: - Manage HHW collection events - Collect used oil (by Resolution with RBOM) - Transport used oil TASK EXPECTED COSTS Eligible costs Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWIVILSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS -RECIPIENT employee time for: -Managing drop box sites, events, contractors, and interlocal agreements -Education and outreach, minimal supplies, and travel -Grant administration -Contractor services: -HHW collection at events -Used oil collection and management -Media expenses -Training, conferences, and memberships. The cost of membership in civic, business technical, professional organizations must be pre -approved by Ecology in writing and may be reimbursable as a direct cost -Costs not listed here but pre -approved in writing by Ecology Ineligible costs -Overtime compensation (all hours are calculated at the regular rate of pay -Costs not specifically identified in the task's scope of work or pre -approved in writingb Ecology. Y Task Goal Statement: The goal of this project is to provide HHW collection services and to educate residents within Grant County. Task Expected Outcome: With the Task Cost RECIPIENT expects to divert from the municipal solid waste stream approximately pp ately 80 tons of HHW. RECIPIENT expects to spend 1,700 employee hours on MR.W management over the two(2) year ( ) y period. Recipient Task Coordinator: Joan Sieverkropp MRW Collection and Management Deliverables Number I Description � • � Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 Due Date Page 8 of 30 State of Washington Department of Ecology Page 9 of 30 Agreement No: SWMLSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS SCOPE OF WORK Task Number: 2 Task Cost: $127,865.00 Task Title: CROP Recycling Operations Task Description: RECIPIENT will manage a hotline to answer questions about recycling opportunities in Grant County pp u ty and may host a booth at the Grant County Fair. This task includes development and distribution ofi romotional materials p n a variety of formats to encourage participation in all recycling opportunities. In accordance with provisions 3 and 19 of the General Terms and Conditions of this Agreement, RECIPIENT is encouraged to work with their ECOLOGYrant manager ger when developing promotional materials, and must provide a draft copy for review and approval ten (10) business days prior to production and distribution of materials. ACTIVITY: DROP BOX RECYCLING RECIPIENT will offer cardboard and aluminum recycling at the Ephrata Landfill and the Mattawa drop box sites. If feasible, RECIPIENT will begin recycling newspaper. The scope of this task includes recycling activity managed or performed b RECIPIENT at a recycling ycling center such as a transfer station or drop box location, or at another location. Disposal of any materials collected or advertised as collected for recycling or reuse or marketed for recycling or reuse under this task is prohibited. RECIPIENT must immediate) notify fy ECOLOGY when they become aware that disposal of materials collected for recycling or reuse occurred. ECOLOGY may deny new costs or require RECIPIENT to repay costs already reimbursed or both. ACTIVITY: CONTAMINATION REDUCTION RECIPIENT will develop partners, inventory current recycling collection services andro rams prioritize p g , p ize programs to focus on, define the data to collect, and gather baseline recycling contamination data in the first year of the ' y grant and as outlined in Appendix E of the 2021-23 LSWFA Guidelines starting on Page 79 under Contamination reduction. During the second year, outreach and education efforts will begin. ACTIVITY: SPECIAL EVENT RECYCLING RECIPIENT will work with ECOLOGY and Grant County Health District (GCHD) to coordinate free tire collection/recycling events during the agreement period. RECIPIENT will plan, promote, and provide employees at the eve nt. RECIPIENT will provide support equipment such as portable toilets. These costs are eligible under this Task. ECOLOGY Tire Cleanup Program will provide the contractors to transport the tires for final disposition. These costs will not be charged to the Task. EXPECTED TASK COST Eligible costs RECIPIENT employee time for: - Assisting at drop box locations - Answering hot line calls - Collection events Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS - Contamination reduction work - Education and outreach - Grant administration - Training, conferences, and memberships. The cost of membership in civic business, technical, and/or professional organizations must be pre -approved by Ecology in writing and may urs be reimbursable as a direct cost - Collection event equipment rental - Media expenses Ineligible costs - Overtime compensation (all hours are calculated at the regular rate ofa p y). - Costs not specifically identified in the tasks scope of work or pre -approved in writing b p g y Ecology. Page 10 of 30 Task Goal Statement: RECIPIENT will continue to provide convenient recycling opportunities for • pp Grant County residents, educate the public about all recycling opportunities in Grant County, and implement the Contaminate ' Contamination Reduction and Outreach Plan (CROP) that will result in the reduction of contamination in the recycling stream. Task Expected Outcome: With the Task Cost RECIPIENT expects to collect approximately125 tons of cardboard and aluminum for recycling. RECIPIENT expects to collect 35 tons of tires to be recycled through ECY Tire e Cleanup Program. RECIPIENT is expected to track separately, the number of passenger car and light duty truck tires collected at the event. Using the conversion numbers of 20 and 35 pounds, respectively, RECIPIENT will convert the number ofp a ssenger car and light duty truck tires collected to pounds. After the total cost of the event is known, including the costs borne b Ecology's ' Y gy s Tire Cleanup Program, the RECIPIENT will calculate the pounds of tires collected that was supported with the LSWFA task budget 1. Divide RECIPIENT cost (total costs charged to the Task) b total cost of the ' total cost. Y event to determine the LS WFA percent of 2. Multiply LS WFA percent of total cost by total pounds collected toet the Outcomes tcomes supported with L S WFA task budget. Enter only the outcomes supported by LSWFA in the Outcomes Data Collection form. If this activity does not transpire, RECIPIENT will enter "0" in the Outcomes Data Collection form for eachuarte q rand explain why in the Recipient Close Out Report. RECIPIENT expects to spend 770 employee hours to implement the Task work. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS Recipient Task Coordinator: Joan Sieverkropp CROP Recycling Operations Deliverables Number I Description 2.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 ]Due Date Page 11 of 30 State of Washington Department of Ecology Agreement No: SW84LSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS SCOPE OF WORK Task Number: Task Title: Homeless Encampment Response Task Description: ACTIVITY: CLEANUP Task Cost: $14,750.00 Page 12 of 30 Recipient employees will coordinate with other departments and local agencies to cleanupactive and/or abandoned encampments, and continue to keep them clean. Recipient employees may investigate active and/or abandoned encampments to assess and prioritize cleanup. Cleanup and disposal are eligible on publicly -owned sites/locations only. y Recipient may contract for assistance with this task. Reimbursement for costs incurred by contractors to perform work identified in this Task are subject to the same eligibility and reimbursement requirements as the ' q Recipient. Recipient is encouraged to review the Master Contract provided by Department of Enterprise Services s (DES) for information about vendors with experience to cleanup and dispose of materials that meet the Recipient's specific p p c circumstances and need. Expected Task Costs Costs eligible for reimbursement with supporting documentation include: - Contracts, purchased services identified in the scope of work. - Supplies for cleanup: bags, protective gear. - Cleanup costs: time, transportation, and disposal of materials from encampments. - Time: planning/coordination of cleanup. - Costs not listed here but pre -approved in writing by Ecology. Costs not eligible for reimbursement - Overtime compensation (all hours are calculated at the regular rate of pay). - Costs not specifically identified or pre -approved in writing by Ecology. Task Goal Statement: The goal of the task is to protect the environment through cleanup and prevent continued environmenta 1 harm at encampments. Task Expected Outcome: With the Task Cost Recipient estimates that 3200 pounds of garbage will be cleaned from 16 encampments and properly disposed. Recipient will track and report the pounds of garbage cleaned and properly disposed. 20 cleanups are performed at 16 encampments (includes multiple cleanups at the same encampments). Anticipating multiple cleanups at the same encampment, Recipient will track and report quarterly the number of encampments Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS cleaned and the number of cleanups performed at each encampment. RECIPIENT will estimate and track the weight of metal recycled such as barbe ues bicycles, qand propane tanks. RECIPIENT expects to spend 50 hours of employee time to implement Task work. Recipient Task Coordinator: Joan Sieverkropp Homeless Encampment Response ]Deliverables Number I Description 3.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 Due ]Date Page 13 of 30 State of Washington Department of Ecology Agreement No: S WMLS WFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS SCOPE OF WORD Task Number: 4 Task Cost:27 2 $ 50.00 Task Title: Organics On -Site Management Task Description: ACTIVITY: HOME COMPOSTING WORKSHOPS Page 14 of 30 RECIPIENT will conduct at least (4) compost workshops to teach residents about composting and grass cycling. RECIPIENT will survey workshop participants by sending a survey within aear of the class Y to confirm participants are using their composter. RECIPIENT will promote yard waste reduction through a variety media types. es . ACTIVITY: YARD WASTE COLLECTION RECIPIENT, through an interlocal agreement with the Town of Wilson Creek will reimburse costs for a local residential yard waste collection program. Wilson Creek charges a monthly fee to residents for the service and must report total fees collected in the same period costs are requested for reimbursement. RECIPIENT must itemize the fees as a credit to the task. RECIPIENT, through an interlocal agreement with the City of Moses Lake will reimburse costs for community wood waste collection, and chipping events. The City of Moses Lake will offer up to two 2) collection llectlon events each year. Woody material collected at curbside and during events may be chipped and used in city parks. Eligible costs -Wilson Creek employee time to: - Load residential yard waste into collection containers - Operate and maintain collection equipment - Remove contamination from collected material and transport clean material the compost' facility - Tipping fees at an organics facility - Grant Administration - Moses Lake employee time to: - Load collected wood waste into collection containers - Operate and maintain collection equipment - Remove contamination from collected material and transport clean material to Ci facilities ty for reuse - Maintenance and operation of chipper - Rental of Equipment if needed for events - Grant Administration If feasible, RECIPIENT may implement similar programs in other communities. Ineligible Costs Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SW vMSWFA-2021-GrCoPW-00007 Page 15 of 30 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS - Overtime compensation (all hours are calculated at the p rate regular of pay) Y) - Costs not specifically identified in the task's scope of work orrove - rea d ' ' p pp in writing by Ecology This task includes development and distribution of promotional materials ' ' In a variety of formats to encourage program participation. In accordance with provision 19 of the General Terms and Conditions ' pions of this Agreement, RECIPIENT is encouraged to work with their ECOLOGY grant manager when developing promotional ' p g p oval materials, and must provide a draft copy for review and approval ten (10) business days prior toroduction and distribution p of materials. Task Goal Statement: To increase public knowledge about backyard composting,rassc clip g y g, and increase participation In backyard composting. Task Expected Outcome: With the Task Cost RECIPIENT expects to divert 32 tons of organic material ' g al from disposal over the two (2) year grant period. .RECIPIENT expects to spend 320 employee hours implementingthetask work. RECIPIENT must survey a sampling of workshop participants at intervals throughout the grant period and estimate total pounds diverted from all workshop participants using the following assumptions: p - Atypical family (4) produces 7-10 pounds/week of food waste - For each participant that used the bin: - 93 pounds/quarter is diverted by the average compost bin - 31 pounds/month is diverted by the average compost bin Recipient Task Coordinator: Joan Sieverkropp Organics On -Site Management .Deliverables Number I Description 4.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 Due Date State of Washington Department of Ecology Agreement No: SVVMLSWFA-2021-GrCoPW-00007 Page 16 of 30 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS SCOPE OF WORK Task Number: 5 Task Cost: $24,461.00 Task Title: Solid and Hazardous Waste Mgmt Plan Maintenance Task Description: RECIPIENT expects to submit a preliminary draft of the Solid and Hazardous Waste Management Plan (S/HVVMP) for ECOLOGY review by Summer of 2022 and anticipates submittingfinal a draft for ECOLOGY approval in Spring 2023. Work Plan and Reimbursement Schedule: Q2-3 (Oct 2021- Mar 2022): RECIPIENT acquire planning interlocal agreements from I ncorporated cities; initiate stakeholder review of draft (quarterly progress updates and documents available eligible g le costs reimbursed) Q4-5 (Apr -Sept 2022): UTC Cost Assessment Questionnaire completed, S ' p EPA and public review started (quarterly progress updates and documents available, eligible costs reimbursed Q5-6 (Jul -Dec 2022): Public review complete; SEPA complete; Preliminary ry Draft Plan is submitted for ECOLOGY review (quarterly progress updates and documents available, eligible costs reimbursed) bursed) Q7 (Jan -Mar 2022): RECIPIENT reviews/responds to Ecology's comment Q8 (Apr -Jun 2023): RECIPIENT submits final draft plan for ECOLOGY approval (quarterly progress updates and final draft plan available, eligible costs reimbursed) The following activities and associatedcosts are identified for reimburse ' meat under this agreement. For costs not directly identified in the scope of work for this task, seek ECOLOGY rior approval: p Eligible costs - RECIPIENT employee time for: - Contract coordination - Coordinating, reviewing, and updating documents - Grant administration - Contractor services: - S WMP update - Printing costs - Travel Reimbursement for costs incurred by contractors to implement activities identified In this task are subject to the same eligibility and reimbursement requirements as the RECIPIENT. RECIPIENT will travel as needed to meet and coordinate the completion of the ' P e Solid Waste Management Plan. If travel is involved, RECIPIENT must follow the state of Washington travel requirements q encs as prescribed in chapter 43.03 RCW and Chapter 10 of the State Administrative &Accounting Manual from the Office ' ce of Financial Management. Travel costs, includin per diem, are reimbursed up to the state rate. g RECIPIENT is accountable for all General Terms and ConditionsGTCs • ( ) and should consult with the Ecology Project Manager identified in this agreement if further clarification is needed. Fort � he purposes of this agreement, ECOLOGY may deny related charges for non-compliance specifically with the followingGT Cs: Cs: 3. Accessibility Requirements for Covered Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Page 17 of 30 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS Technology; 19. Presentation and Promotional Materials. Task Goal Statement: Complete the update of the Grant County Solid Waste and Hazardous Waste Management g t Plan. Task Expected Outcome: With the Task Cost, RECIPIENT expects to submit final draft Solid and Hazardous Waste Management plan for ECOLOGY approval before the end of the grant period. RECIPIENT expects to spend 100 employee hours to implement Task work. Recipient Task Coordinator: Joan Sieverkropp Solid and Hazardous Waste Mgmt Plan Maintenance Deliverables Number I Description 5.1 Task Expected Outcomes are the deliverables and' achieved incrementally throughout the biennium. Template Version 12/10/2020 Due Date State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS Funding Distribution EG220195 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Effective Date: Funding Source: Title: Fund: Type: Funding Source %: Description: Grant Co PW 07/01/2021 Funding Type: Grant Funding Expiration Date: 06/30/2023 Model Toxics Control Operating Account (MTCOA) State 100% Local Solid Waste Financial Assistance Approved Indirect Costs Rate: Approved State pp Indirect Rate: 30% Recipient Match %: 25% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Grant Co PW MRW Collection and Management CROP Recycling Operations Homeless Encampment Response Organics On -Site Management Solid and Hazardous Waste Mgmt Plan Maintenance Template Version 12/10/2020 Total: $ 4399326.67 Page 18 of 30 Task Total $ 245,000.67 $ 1279865.00 $ 14,750.00 $ 27,250.00 $ 245461.00 Total: $ 4399326.67 Page 18 of 30 State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Page 19 of 30 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS Funding Distribution Summary Recipient / Ecology Share Funding Distribution Name Recipient Match % Re • cipient Share Ecology Share Total Grant Co PW 25.00 ° �° $ 109,831.67 $ 329,495.00 $ 4399326.67 26.67 Total $ 1099831.67 $ 329,495.00 $ 4399326.67 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS If the scope of this Agreement includes recycling activity managed g or performed by the RECIPIENT at a recycling as a transfer station or drop box location) or other locations Ecologyy g center (such will not reimburse disposal costs for materials collected or advertised as collected for recycling/reuse or marketed for recycling/reuse' under this Agreement, unless approved in writin by Ecology. RECIPIENT must immediately notify ECOLOGY when g the RECIPIENT becomes aware that disposal of materials occurred or may occur due to the market conditions for recycled/reused' materials. ECOLOGY may deny new casts or require repayment of costs already reimbursed or remove the task from the Agreement or terminate the Agreement. Ecology will conduct a risk assessment of all Local Solid Waste Financial Assistance recipients. The level of risk determines the level of oversight required by Ecology throughout the biennium. If the RECIPIENT's performance or project circumstances change, Ecology may reassess risk and notify the RECIPIENT of any changes to administrative requirements. RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly. The Spending Plan and Outcomes Data Collection form must be completed concurrent with the submittal ubmlttal of each payment Request/Progress Re ort. RECIPIENT shall report outcomes in a manner consistent with instructionsp In the Local Solid Waste Financial Assistance guidelines. RECIPIENT must submit within thirty (3 0) days after the expiration datethis Agreement, all financial (including payment requests), performance, and other reports required by this Agreement. Ecology ogy shall have the right to deny reimbursement of payment requests received after this date. GENERAL, FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal fundi ng sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION DEBARMENT INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies rtifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting ' ting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR i ' s unable to certify to the statements Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SW MSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS Page 20 of 30 contained in the certification, they must provide an explanation as to why Y the cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into an lower tier y covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, d, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that p g at any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required q in the Code of Federal Regulations may result in the delay or negation of this funding agreement, orursuance of le ' p gal remedies, suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file that it and all lower ' > r tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to documentroof of compliance. plrance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT FFATA REPORTING REQUIREMENTS CONTRACTOIt/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation p for Its five top executives using the FFATA Data Collection Form. Receives more than $25,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal 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 ollectlon Form. Ecology is required to report the FFATA information for federally funded agreements includingthe required q red DUNS number, at www.fsrs.gov <http://www.fsrs.,cFov/> within 30 days of agreement signature. The FFATA information formation wr11 be available to the public at www.usaspendfi-ig.gov <htt-o://www.usasvending.,!�ov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Page 21 of 30 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subreci lents are e prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial bstantial or essential component of any system, or as critical technology as part of any system. As described in Public Law I15-232 <https://www.,ovinfo. ov/content/ k /PLAW-115 ubL32/ df/FLAW-115 ub1232 > 1.pdf , section 889, covered telecommunications equipment is telecommunications equipmentroduced b Hu ' p y awes Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds tourchase p certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided b entities ° ' p y identified in section 889, are recorded in the S stern for Award Mana ement SAM <htt s://sam. ov/SAM/> exclusion list. Template Version 12/10/2020 State of Washington Department of Ecology Page 22 of 30 Agreement No: SWMLSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan agreements With the state of Washington, Department of g p Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 06/24/2021 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans _ EAGL Edition. (https://fortress.wa.gov/ecy/publications/SummaryPages/ 1701004.html b) RECIPIENT shall complete all activities funded by this Agreement and be full responsible y p e for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, g t, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY ' g 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 b pp y ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff cont • p acts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OLIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This re ' gy requirement applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web -based applications, softwares stems video an ' y d audio content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological• and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to an claim related to Cultural y u al Resources discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements ' qu rements for their project: • Cultural Resource Consultation and Review should be initiated early in theJ ro'ect planning p p g p ro cess and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. * For state funded construction, demolition, or land acquisitions, comply with Governor Executive- Order 21-02, Archaeological and Cultural Resources. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS Page 23 of 30 • For projects with any federal involvement, comply with the National Historic Preservation• Act of 1966 (Section 106) . b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff, volunteers, and contractors working at theJro'ect site. p • Implement the IDP when Cultural Resources or human remains are found at theect J ro'' p site. c) If any Cultural Resources are found while conducting work under this Agreement, f • g follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notifyDe the Department ent of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, follow ow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable pp local, state, and federal Laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPI ' ENT s designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals orrou s. g P 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense p se and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as P specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility ty should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval b q pp y ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on b ECOLOGY. GY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submittingprequests. ment 0 ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of aro erl p p y completed p ed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's gement s Statewide Payee Desk. To receive payment you must register as a statewide vendor by submittinga statewide vend ' or registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. Ifou have y questions about the vendor registration process, you can contact Statewide Payee Help Desk at 360 407-8180 or email PayeeRegistration@ofm.wa.gov. ) ail PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed b the RECIPIENT if Y the RECIPIENT falls to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work describe ' d herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approvedaccording to this Agreement, as appropriate, or upon completion of an audit as specified herein. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS Page 24 of 30 j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, g nt, all financial, performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. nt. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws orders regulations, gulatlons, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, andolicies of the United nited States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws regulations, and policies es 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 t' ' rune In their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT falls to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, itis considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises an y function or responsibility in the review, approval, or carrying out of this Agreement, shall not have an personal or financial • Y p a1 interest, direct or xndirect, nor affect the interest of any corporation, partnership, or association in which he/she is apart, in this Agreement greement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. g RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, androfessional architectural p to al and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in ' p compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or an other matter relate ' Y d to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided forbelow: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed after' concluding the review. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS Page 25 of 30 The decision of ECOLOGY from an appeal will be final and conclusive, within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede an action in a 'u ' ' Y � dicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of p 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 toioceed dill ' p gently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit thearties' choice of p another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a} RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP) f ' (Q ) or a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their q project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans lans far Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before 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 (EIM), unless the ECOLOGY Program ins ' g instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successful) loaded into to EIM, find Instructions at: http://Www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Informati on System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geo ra hic-Informati - g p on Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and d the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries consultant's taut s fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington e g permit, each party well indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising ng from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for an purpose b y p rp e employees, volunteers, or agents of the other party. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS 16. KICKBACKS Page 26 of 30 RECIPIENT is prohibited from inducing by any means any person employed or otherwise ' se Involved 1n this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES MWBE RECIPIENT is encouraged to solicit and recruit, to the extent possible certified minority-owned ' ty owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the he RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever the ' y are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or' ' quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation g pa��ticlpation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minorityand Wo ° Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department p nt of ComYnerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwiserovided herein the inconsistency p onslstency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; g , (b) The Agreement; (c) Scope of Work; '(d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans" • (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. meline . c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic onic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, res, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a g , 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 ply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding wasrovided b ECOLOGY. p y 20. PROGRESS REPORTING Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS Page 27 of 30 a} RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress re oris to ECOLOGY. ECOLOGY reserves the right to amend or terminate thisp Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with eacha ment re p y quest. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency ofro ress reports. p g p its c} RECIPIENT shall use ECOLOG Y s provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be g P submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration p n date of the project, unless an extension has been oris approved by ECOLOGY, all financial, performance, and other re required pp p q d by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable co r' ghtable materials or invents any patentable property rtyunder this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusi and irrevocable license to reproduce, publish, recover, or otherwise use ve, the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT -or persons employed b the y RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied b ECOLOGY; p Y Y, or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the' right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in an manner SCOL • Y ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative' Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real andersonal p properly purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes I regulations, or policies to the contrary, or upon secific instructions with respect thereto in this Agreement. P e) Personal Property Furnished by ECOLOGY. When ECOLOGYro • p vides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGYpri' or to final payment by ECOLOGY. If said grope is lost, stolen, or damaged while in the RECIPIENT's possessionthen E � p OOLOGY shall be reimbursed in cash or by setoff b the RECIPIENT for the fair market value of such property. y 0 Acquisition Projects. The following provisions shall apply 1 if the project p � ect covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonableri ' p or to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or abilityac ' to quire 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 an impediment, lie r the uses intended b Y P n, or claim which would impair this Agreement. y g) Conversions. Regardless of the Agreement expiration date the p RECIPIENT shall not at any time convert any equipment property, or facility acquired or developed under this Agreement to uses other ' than those for which assistance was originall approved without prior written approval of ECOLOGY. Such a Y approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or enc ° encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS Page 28 of 30 22• RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. mpllshed. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. p s. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. g ment. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final granta ment or to p Y an repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessaryadjustments i .l f any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third'ty audlta� p , applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed b law to y recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may e considered onsidered cause for termination. All work performed under this Agreement and any property and equipment p �Y purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at ' p any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution tion hereunder. RECIPIENT shall provide right of access to ECOLOGY, or an other authorized . y representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and an other conditions on ' ' Y dations under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. ork. All payments to the RECIPIENT are subject to approval and audit b ECOLOGY, OGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of an a Y erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of an ' y such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve� • percent (12 /o) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY may become ECOLOGY's property and the RECIPIENT'S liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. 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 g nt which can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL, POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance ' p with the requirements of the State Environmental Policy Act (Chapter 43.21 C RCW and Chapter 197-11 WAC have been or will be met. Any reimbursements are sub to this provision. j 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at an time and portion thereof � y � without cause, suspend this Agreement or any p for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspensioneriod unless s another day is specified by ECOLOGY. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS Page 29 of 30 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentallye referablrod p products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainabl produced Y p products and services, EPEAT registered computers and imaging equipment, independently certified green cleaningrod products remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and rec o g 9 yclable, 100 /o post -consumer recycled paper, and toxic free e For more suggestions visit ECOLOGY's web page, Green Purchasing, sing, https://ecology.wa.gov/R.egulations-Permits/Guidance-technical- ' assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform form an Agreement requirement or for a material breach any term or condition. If this Agreement is so terminated, the arties shall b of p e liable only for performance rendered or costs incurred in accordance with the terms of this Agreementrior to ' p he effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate ' g nate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed u on in writing for commencement of work, or the time period deigned within ' the Scope of Workg p . Non -Performance. The obligation of ECOLOGY to the RECIPIENT ' ' is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the o inion of ECOLOGY, to perform any obligation required of it b this A p Y Agreement, ECOLOGY may refuse to pay any further funds terminate in whole or in part this Agreement, and exercise an ' Y other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of an liability ity to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement g by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable onlyfor Performance p rmance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY's ability to makea ments is p Y contingent on availability of funding. In the event fundin from state, federal or other sources is withdrawn, reduced or limited ' g in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY at its sole discretion, may elect to terminate the Agreementin whole or part, or renegotiate the Agreement, subject to new fundingg ' limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines t Y he funding insufficiency is resolved . ECOLOGY may no notification or restrictions althoughY exercise any of these options with ECOLOGY will make a reasonable attempt to provide notice. p In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT throu h the effective date of termination or suspension. Reimbursed costs must b g e agreed to by ECOLOGY and the RECIPIENT. In no Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: S W1V.IL,S WFA-2021-GrCoPW-00007 Project Title: IMP Grant Co PW Recipient Name: GRANT COUNTY PUBLIC WORKS Page 30 of 30 event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility p ity under the Agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds the RECIPIENT shall not be obligated to repa monies which had been paid to the RECIPIENT prior to such termination. Y RECIPIENT's obligation to continue or complete the work described int this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, Y g , maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY' will become properly of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for P any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment p yment of all funds pard to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into b theRECIPIENT ENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts' with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stat ' ed as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020