15-159.00 WA ST Department of Ecology: Waste 2 Resources Grant Agreement No: W2RCPG-1517-SpoVal-00051 Page 1 of 22
Project Title: ' 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
DEPARTMENT OF RECEIVED
ECOLOGY OCT 15 2015
1141Wil State of Washington Department of Ecology
Agreement W2RCPG-1517-S 17 -000 �stern Washington Office
g P
WASTE 2 RESOURCES COORDINATED PREVENTION GRANT PROGRAM AGREEMENT
BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND "7 r•, .T..,,
CITY OF SPOKANE VALLEY NOV 2 3 2015
This is a binding Agreement entered into by and between the State of Washington,Ddgartn nt,p jMy
hereinafter referred to as"ECOLOGY"and CITY OF SPOKANE VALLEY,herei lI e'fI�f,� tb as•the --
"RECIPIENT"to carry out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title: 2015-2017 CPG CITY OF SPOKANE VALLEY
IMP
Total Cost: $142,669.33
Total Eligible Cost: $142,669.33
Ecology Share: $107,002.00
Recipient Share: $35,667.33
The Effective Date of this Agreement is: 07/10/2015
The Expiration Date of this Agreement is no later than 06/30/2017
Project Type: Implementation
Project Short Description:
City of Spokane Valley will utilize a$142,669.33 grant to develop Waste Reduction and Recycling (WRR),
Moderate Risk Waste(MRW)and Organics(ORG)programs.
The WRR project will use$108,261.73 to develop and implement education and outreach to residents and
businesses,and a recycling program at City Hall.The city estimates that one(1)ton of recyclable commodities from
the waste stream will be diverted from approximately 27,000 residents and businesses.
The MRW project will use$30,811.00 to develop and implement education,outreach,collection and disposal of
Household Hazardous Waste(HHW).The city estimates diverting one(1)ton of waste from the waste stream from
11,110 residential participants and providing technical assistance to businesses.
The ORG project will use$3,596.60 to develop and implement education and outreach for home composting
demonstrations. The city estimates approximately 30 residential participants and the diversion of one(1)ton of
organic material from the waste stream.
W2RCPG-1517-SpoVal-00051
Agreement No: W2RCPG-1517-SpoVal-00051 Page 2 of 22
Project Title: 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
Project Long Description:
N/A
Overall Goal:
Provide regional solutions and intergovernmental cooperation;prevent or minimize environmental contamination
through planning and project implementation;and comply with state and local solid and hazardous waste
management plans and laws.
W2RCPG-1517-SpoVal-00051
Agreement No: • W2RCPG-1517-SpoVal-00051 Page 3 of 22
Project Title: . 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
RECIPIENT INFORMATION
Organization Name: CITY OF SPOKANE VALLEY
This document contains confidential tax information and
Federal Tax ID: REDACTED has been redacted pursuant to RCW 82.32.330.
DUNS Number: 168240617 You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley
Mailing Address: 11707 E. Sprague Ave, Suite 106 Municipal Code (SVMC) 2.75.080; and obtain judicial review
Spokane Valley,WA,99206 pursuant to RCW 42.56.550.
Physical Address: 11707 E. Sprague Ave, Suite 106
Spokane Valley,Washington,99206
Organization Email: cityhall@spokanevalley.org
I..l
Organization Fax: (509)921-1008
Contacts
Project Manager Eric Guth
Public works Director
11707 E. Sprague Avenue, Suite 106
Spokane Valley, Washington, 99206
Email: eguth@spokanevalley.org
Phone: (509)720-5000
Billing Contact Saydee Wilson
Accountant/Budget Analyst
11707 E. Sprague Ave.
Ste. #106
Spokane Valley, Washington, 99206
Email: swilson@spokanevalley.org
Phone: (509)720-5046
Authorized Eric Paul Guth
Signatory Public works Director
11707 E. Sprague Avenue, Suite 106
Spokane Valley,Washington,99206
Email: eguth@spokanevalley.org
Phone: (509)720-5000
W 2RCPG-1517-Spo Val-00051
Agreement No: W2RCPG-1517-SpoVal-00051 Page 4 of 22
Project Title: 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Waste 2 Resources -
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Waste 2 Resources
300 Desmond Drive •
Lacey, WA 98503
Contacts
Project Laurie Dahmen
Manager
N.4601 Monroe
Spokane, Washington, 99205-1295
Email: lada461@ecy.wa.gov
Phone: (509)329-3432
Financial Laurie Dahmen
Manager
N.4601 Monroe
Spokane,Washington,99205-1295
Email: lada461@ecy.wa.gov
Phone: (509)329-3432
Technical Wayne Krafft
Advisor
N.4601 Monroe
Spokane, Washington,99205-1295
Email: akra461@ecy.wa.gov
Phone: (5091329-3438
W 2RCPG-1517-SpoVal-00051
Agreement No: W2RCPG-1517-SpoVal-00051 Page 5 of 22
Project Title: ' 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things
necessary for or incidental to the performance of work as set forth in the Scope of Work.
RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement.
Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement, Scope
of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, rules,
regulations, and guidelines mentioned in 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.
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.
IN WITNESS WHEREOF,the parties hereby sign this Agreement
Washington State CITY OF SPOKANE VALLEY
Department of Ecology
M/WIA.e/I! ..&?A;ted II/51/5
/0 1 11 Is
Program Manager Date Eric Paul uth Date
Public works Director
Waste 2 Resources
W2RCPG-1517-SpoVal-00051
Agreement No: W2RCPG-1517-SpoVal-00051 Page 6 of 22
Project Title: 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
SCOPE OF WORK
Task Number: 1 Task Cost: $108,261.73
Task Title: WRR EDUCATION, OUTREACH AND COLLECTION
Task Description:
RECIPIENT will develop and implement an education and outreach program to increase awareness and the practice of
waste reduction,reuse and recycling.
RECIPIENT will create and distribute an educational flyer regarding solid waste handling,organics and recycling
options in citywide mailers each year.Each brochure will be designed to be consistent with regional solid waste
materials handling in a coordinated effort with City of Spokane, Spokane County, Sunshine Disposal&Recycling, and
Waste Management.RECIPIENT will oversee and coordinate with contractors for spring and fall recycling advertising
campaigns.
RECIPIENT will plan,develop and implement a recycling program for City Hall. This includes informational material,
purchasing recycling containers,constructing a recycling area and promoting the program in an educational event for
staff at City Hall.
RECIPIENT will evaluate recycling rates by developing benchmarks before and after recycling promotion events and
publication data.RECIPIENT will report the outcomes for all activities in this task.
The following activities and associated costs are identified for reimbursement under this agreement:
1)City staff and wages:
Develop and implement recycling education and outreach brochures
Develop and implement recycling activities
Training,conferences and memberships to solid waste organizations related to this task
2)Contractor services:
Advertising design,development and purchase through existing contract
3)Purchases:
Media expenses including brochures,newsletters and mailings
Recycling containers and construction of recycling area at City Hall
Note:funding for construction of the recycling area is allowable to the extent of recycling area
and not for solid waste disposal.
Education materials
Task Goal Statement:
The goal of this project is to provide educational information to businesses and residents regarding recycling and
waste prevention,and to increase recycling opportunities within the city.
Task Expected Outcome:
RECIPIENT will develop and implement recycling education,outreach and collection activities. RECIPIENT will
gather baseline data and track recycling rates over the two(2)year grant period. RECIPIENT initially estimates one(1)
ton will be recycled.
W2RCPG-1517-SpoVal-00051
Agreement No: W2RCPG-1517-SpoVal-00051 Page 7 of 22
Project Title: ' 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
Additionally,RECIPIENT estimates the following number of participants and contacts reached:
36,000 Residential Contacts
277 Residential Participants
8,000 Business Contacts
78 Business Participants
Method of Evaluation:
RECIPIENT will track the quantity of recyclables collected for City Hall and the number of residential and business
participants.
Recipient Task Coordinator: Eric Guth
WRR EDUCATION,OUTREACH AND COLLECTION
Deliverables
Number Description Due Date
1.1 Advertise and promote recycling programs by providing informational
brochures/newsletters,signage,and contact with residents and
businesses.
1.2 Construct and develop recycling area at City Hall and maintain as
needed.
1.3 Track and report tonnage of collected recyclable materials.
W 2RCPG-1517-S po Val-00051
Agreement No: W2RCPG-1517-SpoVal-00051 Page 8 of 22
Project Title: 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
SCOPE OF WORK
Task Number: 2 Task Cost: $30,811.00
Task Title: MRW EDUCATION,OUTREACH,COLLECTION AND DISPOSAL
Task Description:
RECIPIENT will plan, develop and implement education and outreach materials for HHW health and environmental
hazards,proper handling,disposal, and recycling.
In partnership with the existing contractor at the Spokane Valley University Road Transfer Station's recycling services,
yearly one-week HHW collection promotions will be held encouraging residents to bring their HHW to the transfer
station for proper disposal.
In conjunction with the HHW promotions,the RECIPIENT will offer Categorically Exempt Small Quantity Generator
(CESQG)disposal opportunities at the transfer station. The CESQG's will be required to pay for the service through
payments to the contractor. A contractor will provide technical assistance and education to the CESQGs.
The following activities and associated costs are identified for reimbursement under this agreement:
1)City staff and wages
Education and outreach
Training
2)Contractor services:
HHW collection and disposal
Advertising design,development and purchase through existing contract
Assisting public at transfer station during HHW collection promotions
3)Purchases:
Educational material costs
Advertising and media outreach
Note:The Coordinated Prevention Grant Program does not pay for the disposal costs for Small Quantity Generators.
Additionally,this grant does not cover those costs already covered under the E-Cycle Washington and Mercury Light
Recycling programs.
Task Goal Statement:
The goal of this project is to increase knowledge of HHW,proper disposal,and to encourage residents to use the
HHW facility at the transfer station.
Task Expected Outcome:
Data will be collected at the transfer station to establish baselines and collection rates will be tracked. RECIPIENT
expects to collect and properly disposed of approximately one(1)ton of HHW over the two(2)year period.
Additionally,RECIPIENT estimates the following number of participants and contacts reached:
36,000 Residential Contacts
11,110 Residential Participants
W 2RCPG-1517-S po Val-00051
Agreement No: W2RCPG-1517-SpoVal-00051 Page 9 of 22
Project Title: ' 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
Method of Evaluation:
RECIPIENT will track participation numbers,waste volumes,and number of residents and businesses requesting
technical assistance.
Recipient Task Coordinator: Eric Guth
MRW EDUCATION,OUTREACH,COLLECTION AND DISP(
Deliverables
Number Description Due Date
2.1 Provide education and outreach to residents and technical assistance to
CESQG's.
2.2 Track and report tonnage of waste collected.
2.3 Provide HHW collection promotions at the Spokane Valley University
Road Transfer Station.
W2RCPG-1517-SpoVal-00051
Agreement No: W2RCPG-1517-SpoVal-00051 Page•10of22
Project Title: 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
SCOPE OF WORK
Task Number: 3 Task Cost: $3,596.60
Task Title: ORG EDUCATION AND OUTREACH
Task Description:
RECIPIENT will partner with the nonprofit Master Gardener Foundation of Spokane County and Valleyfest to present
composting demonstrations and displays at Valleyfest in 2015 and in 2016.RECIPIENT expects to enter into a new
agreement with the nonprofit organization and reimburse the organization for performing work under this task.
Attendees at Valleyfest and participants in the composting demonstration will be invited to a screening of the
documentary film"Symphony of the Soil"as part of the 2015 International Year of the Soil. The film provides further
education about the properties and importance of soil and composting as an important component in backyard and
agricultural waste. At the completion of the demonstration,participants will sign up for a follow-up survey and enter a
drawing for a composting bin;two(2)will be given away at each event.The survey will poll participants on usefulness
of the education tools,whether they plan to begin composting or are currently composting and ask for an estimate of
how much organic materials they are diverting from their solid waste disposal.
The following activities and associated costs are identified for reimbursement under this agreement:
1)City staff and wages:
Survey participants
Advertising design and placement
2)Contractor services:
Conduct composting display and demonstration
Education and outreach
Advertising design and placement
Tracking and reporting
3)Purchases:
Educational materials
Banners and signage for events
Rental and transportation of tent,tables,chairs and audio system for demonstration area
Advertising and promotion of events
Display samples of three(3)types of composting bins
Four(4)composting bins for participant drawing
Survey mailing
Screening license for"Symphony of the Soil"
Task Goal Statement:
The goal of this project is aimed at increasing public knowledge about backyard composting and increasing residential
composting.
Task Expected Outcome:
RECIPIENT estimates diverting up to one(1)ton of green waste and other organic materials from the waste stream in
the two(2)year grant period.
W2RCPG-1517-SpoVal-00051
Agreement No: W2RCPG-1517-SpoVal-00051 Page 11 of 22
Project Title: ' 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
Additionally,RECIPIENT estimates the following number of participants and contacts reached:
30,000 Residential Contacts
30 Residential Participants
Method of Evaluation:
RECIPIENT will assess participation rates at events,gather information on composting awareness and activity through
follow-up surveys from participants,and will track the tons of diverted yard waste collected.
Recipient Task Coordinator: Eric Guth
ORG EDUCATION AND OUTREACH
Deliverables
Number Description Due Date
3.1 Promote organic collection program through backyard composting
demonstrations,media and personal contacts.
3.2 Collect information from participants through a survey and track tonnage
• of organic materials reported.
W2RCPG-1517-SpoVal-00051
Agreement No: W2RCPG-1517-SpoVal-00051 Page 12 of 22
Project Title: 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
BUDGET
Funding Distribution EG160127
Funding Title: State Building Construction Account
Funding Type: Grant Funding Expiration Date: 06/30/2017
Funding Effective Date: 07/10/2015
Funding Source:
Title: State Building Construction Account(SBCA)
Type: State
CFDA:
Assistance Agreement:
Description:
Recipient Match%: 25
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
State Building Construction Account Task Total
WRR EDUCATION,OUTREACH AND COLLECTION $ 108,261.73
MRW EDUCATION,OUTREACH,COLLECTION AND DIS $ 30,811.00
ORG EDUCATION AND OUTREACH $ 3,596.60
Total: $ 142,669.33
W 2RCPG-1517-Spo Val-00051
Agreement No: W2RCPG-1517-SpoVal-00051 Page 13 of 22
Project Title: ' 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
Funding Distribution Summary
Recipient/Ecology Share
Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total
State Building Construction 25.00 % $ 35,667.33 $ 107,002.00 $ 142,669.33
Account
Total $ 35,667.33 $ 107,002.00 $ 142.669.33
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
Indirect costs can be charged at a rate of up to 25%of salaries and benefits.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award,the following terms and conditions apply to you.
CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION:
1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended, debarred,
proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal
government,or from receiving contracts paid for with federal funds.If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification,they must provide an explanation as to why they
cannot.
2. The 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 the department for assistance in obtaining a copy of those regulations..
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,
suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR 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 any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal
remedies, including suspension and debarment.
W 2RCPG-1517-SpoVal-00051
Agreement No: W2RCPG-1517-SpoVal-00051 Page 14 of 22
Project Title: 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower 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 document proof of compliance.
Federal Funding Accountability And Transparency Act (FFATA)Reporting Requirements:
RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the signed
agreement to ECOLOGY.
Any RECIPIENT that meets each of the criteria below must also report compensation for its five top executives,
using FFATA Data Collection Form.
• Receives more than$25,000 in federal funds under this award; and
• Receives more than 80 percent of its annual gross revenues from federal funds;and
• Receives more than$25,000,000 in annual federal funds
ECOLOGY will not pay any invoice until it has received a completed and signed FFATA Data Collection Form.
ECOLOGY is required to report the FFATA information for federally funded agreements, including the required
DUNS number,at www.fsrs.gov<http://www.fsrs.gov>within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspending.gov<http://www.usaspending.gov>.
For more details on FFATA requirements, see www.fsrs.gov<http://www.fsrs.gov>.
GENERAL TERMS AND CONDITIONS
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/1401002.html
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended,or waived only by a written amendment executed by both parties. No
subsequent modification(s)or 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
contacts and administrative information without the concurrence of either party.
3. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid,minimize,or mitigate adverse effects to archeological or cultural
resources. Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to
W2RCPG-1517-SpoVal-00051
Agreement No: W2RCPG-1517-SpoVal-00051 Page 15 of 22
Project Title: ' 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
approval by ECOLOGY.
RECIPIENT shall: •
a) Immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while
conducting work under this Agreement.
b) Immediately notify the Department of Archaeology and Historic Preservation at(360)586-3064,in the event
historical or cultural artifacts are discovered at a work site.
c) Comply with Governor Executive Order 05-05,Archaeology and Cultural Resources,for any capital construction
projects prior to the start of any work.
d) Comply with RCW 27.53,Archaeological Sites and Resources, for any work performed under this Agreement,as
applicable. National Historic Preservation Act(NHPA)may require the RECIPIENT to obtain a permit pursuant to
Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact cultural or historic properties.
4. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
5. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,
ECOLOGY,all affected local,state,or federal jurisdictions,and any interested individuals or groups.
6. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense 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 specified in this Agreement.
-c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible may require approval by ECOLOGY
prior to purchase.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State Department of Enterprise Services'Statewide Payee
Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at
the website,http://www.des.wa.gov/services/ContractingPurchasingBusiness/VendorPay/Pages/default.aspx. For any
questions about the vendor registration process contact the Statewide Payee Help Desk at(360)407-8180 or email
payeehelpdesk@des.wa.gov.
h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion
thereof, has been completed if,at ECOLOGY's sole discretion,such payment is reasonable and approved according to
this Agreement,as appropriate,or upon completion of an audit as specified herein.
j) RECIPIENT should submit final requests for compensation within thirty (30)days after the expiration date of this
Agreement.Failure to comply may result in delayed reimbursement.
•
7. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable Federal, State and local laws,orders,regulations,and permits
related to this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State
of Washington which affect wages and job safety.
W 2RCPG-1517-Spo Val-00051
Agreement No: W2RCPG-1517-SpoVal-00051 Page 16 of 22
Project Title: 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
b) RECIPIENT agrees to be bound by all federal and state laws,regulations,and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project
timeline for the permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered
modified to conform to that statute or rule of law.
8. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer,member,agent, or employee, who exercises any function or
responsibility in the review,approval,or carrying out of this Agreement,shall not have any personal or financial
interest,direct or indirect, nor affect the interest of any corporation,partnership,or association in which he/she is a part,
in this Agreement or the proceeds thereof.
9. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction,purchase of goods,equipment, services,and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
10. DISPUTES
When there is a dispute with regard to the extent and character of the work,or any other matter related to this
Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed,after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of
such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal.The decision of the Director or
duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
W2RCPG-1517-SpoVal-00051
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Project Title:' 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this contract will be construed to limit the parties'choice of another mutually acceptable method,in addition
to the dispute resolution procedure outlined above.
11. ENVIRONMENTAL STANDARDS
a) RECIPIENTS who collect environmental-monitoring data must provide these data to ECOLOGY using the
Environmental Information Management System(EIM). To satisfy this requirement these data must be successfully
loaded into EIM,see instructions on the EIM website at:http://www.ecy.wa.gov/eim.
b) RECIPIENTS are required to follow ECOLOGY's data standards when Geographic Information System (GIS)data
are collected and processed. More information and requirements are available at:
http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENTS 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.
c) RECIPIENTS must prepare a Quality Assurance Project Plan(QAPP)when a project involves the collection of
environmental measurement data. QAPP is to ensure the consistent application of quality assurance principles to the
planning and execution of all activities involved in generating data. RECIPIENTS must follow ECOLOGY's
Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004(Ecology Publication
No. 04-03-030). ECOLOGY shall review and approve the QAPP prior to start of work. The size,cost,and complexity
of the QAPP should be in proportion to the magnitude of the sampling effort.
12. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
13. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission of that party or that party's agents or employees arising out of this Agreement.
14. INDEPENDENT STATUS
The employees,volunteers, or agents of each party who are engaged in the performance of this Agreement will continue
to be employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers, or agents of
the other party.
15. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to
give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission,or gift in
return for award of a subcontract hereunder.
16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE)
RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and
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Project Title: 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
women-owned(WBE)businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged
to take the following actions,when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b) Divide the total requirements,when economically 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 of qualified
minority and women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE)(866-208-1064)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as
appropriate.
17. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein,the inconsistency shall be resolved by
giving precedence in the following order: (a)applicable Federal and State statutes and regulations;(b) Scope of Work;
(c)Special Terms and Conditions;(d)Any provisions or terms incorporated herein by reference including the
"Administrative Requirements for Recipients of Ecology Grants and Loans";and(e)the General Terms and Conditions.
18. PRESENTATION AND PROMOTIONAL MATERIALS
RECIPIENT shall obtain ECOLOGY's approval for all communication materials or documents related to the
fulfillment of this Agreement. Steps for approval:
a) Provide a draft copy to ECOLOGY for review and approval ten (10)business days prior to production and
distribution of any documents or materials compiled or produced.
b) ECOLOGY reviews draft copy and reserves the right to require changes until satisfied.
c) Provide ECOLOGY two(2)final copies and an electronic copy of any tangible products developed.
Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets,
videos,audio tapes,CDs,curriculum,posters,media announcements,or gadgets,such as a refrigerator magnet with a
message as well as media announcements, and any other online communication products such as Web pages,blogs,and
Twitter campaigns.If it is not practical to provide a copy,then the RECIPIENT must provide a complete description
including photographs,drawings,or printouts of the product that best represents the item.
RECIPIENT shall include time in their project timeline for ECOLOGY's review and approval process.
RECIPIENT shall acknowledge in the materials or documents that funding was provided by ECOLOGY.
19. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not
document timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1
through September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after
the end of the quarter being reported.
e) RECIPIENT shall submit the Closeout Report within thirty(30)days of the expiration date of the project,unless an
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Project Title:• 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
Recipient Name: CITY OF SPOKANE VALLEY
extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format.
20. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive,and
irrevocable license to reproduce,publish,recover, or otherwise use the material(s)or property, and to authorize others
to use the same for federal,state,or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information;present papers, lectures, or seminars involving information supplied by ECOLOGY;or use logos,reports,
maps,or other data in printed reports,signs,brochures,pamphlets,etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate.ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology
Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project,it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENT's possession, then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
a. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement df funds provided for in
this Agreement.
b. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens
certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien,or claim
which would impair the uses intended by this Agreement.
g) Conversions. Regardless of the agreement expiration date, the RECIPIENT shall not at any time convert any
equipment,property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale,lease,or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or construction costs of such
property.
21. RECORDS,AUDITS,AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative of the State of
Washington,for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
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Project Title: 2015-2017 CPG CITY OF SPOKANE VALLEY IMP .,
Recipient Name: CITY OF SPOKANE VALLEY
ECOLOGY reserves the right to audit,or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state,federal or local representative for inspection at any time during the course of
this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times,
in order to monitor and evaluate performance,compliance, and any other conditions under this Agreement.
22. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)
or unallowable cost charged to this agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the •
time ECOLOGY demands repayment of funds.
Any property acquired 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.
23. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision, and to this end the provisions of this Agreement are declared to be severable.
24. STATE ENVIRONMENTAL POLICY ACT(SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance 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 subject to this provision.
25. SUSPENSION
When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause, suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low
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Project Title:' 2015-2017 CPG CITY OF SPOKANE VALLEY IMP
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impact meetings,and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers
and imaging equipment, independently certified green cleaning products,remanufactured toner cartridges, products
with reduced packaging, office products that are refillable,rechargeable,and recyclable, and 100%post consumer
recycled paper.
For more suggestions visit ECOLOGY's web pages: Green Purchasing, http://www.ecy.wa.gov/programs/swfa/epp
and Sustainability,www.ecy.wa.gov/sustainability.
27. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7)calendar days prior written notification to the
RECIPIENT,at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four(4) months after the effective date of this Agreement,or by any date
mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the
,opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any
further funds,terminate in whole or in part this Agreement,and exercise any other rights under this Agreement.
Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
.ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from
the RECIPIENT is determined.
b) For Convenience
ECOLOGY may terminate for convenience this 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. If this Agreement
is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms
of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event
funding from state,federal or other sources is withdrawn,reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this agreement,ECOLOGY,at its sole discretion,may elect to terminate
the agreement, in whole or part,or renegotiate the agreement, subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions.
If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
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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,maps,models,photographs,reports or other
materials prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY, will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
28. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
29. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
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