11-179.00 WSDOE: Comprehensive Shoreline Master Program UpdateSMA Grant Agreement No. G1200043
between the
State of Washington Department of Ecology
and the
City of Spokane Valley
Project: Comprehensive Shoreline Master Program Update
THIS is a binding agreement entered into by and between the State of Washington, Department of
Ecology, (PO Box 47600, Olympia, Washington, 98504 -7600) hereinafter referred to as the
"DEPARTMENT" or as "ECOLOGY" and the City of Spokane Valley, hereinafter referred to as the
"RECIPIENT" to carry out activities described herein, and as authorized by the Washington State
Legislature under Chapter 173 -26 of the Washington Administrative Code (WAC) for shoreline
implementation.
Name of RECIPIENT: City of Spokane Valley
Community Development
Address: 11707 E. Sprague Ave., Suite 106
Spokane Valley, WA 99206
Project Manager for RECIPIENT: Lori Barlow
Telephone Number:
E -mail address:
509 - 720 -5335
Ibarlow(a ley. org
Fiscal Contact for RECIPIENT:
Telephone Number:
E -mail Address:
Payee on Warrant:
Project Officer for ECOLOGY:
Telephone Number:
E -mail address:
Mark Calhoun, Finance Director
509 - 720 -5040
mcalhoun(&sgokanevallev.ora
11707 E Sprague Ave., Suite 106
Spokane Valley, WA 99206"
Jamie Short
SEA Program, Eastern Regional Office
Washington State Department of Ecology
509 - 329 -3411
Jaimie.shortCaD_ecv.wa.gov
The source of funds provided by ECOLOGY are from the 2011 -13 Washington State Legislature
under Engrossed Substitute House Bill 1087, §302 for Shoreline Implementation and /or the Local
Toxics Control Account.*
Maximum Grant Amount, Fiscal Year 1 (7/1/11- 6/30/12): $ 18,568.
Maximum Grant Amount, Fiscal Year 2 (7/1/12- 6/30/13): $ 100,142.
Maximum Grant Amount, Fiscal Year 3 (7/1/2013 - 6/30/2014) $ 6,290.
Total Grant Amount: $ 125,000.
State Maximum Cost Share Rate overall three years: 100% UP TO a maximum of $125,000.
The effective date of this agreement is from July 1, 2011 to June 30, 2014.*
*Year 3 funding is subject to legislative appropriation in Fiscal Year 2013 -14 and will be released to
the Recipient via formal amendment.
Page 1 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
�1 General Note
This Standard Scope of Work is presented in three one -year increments that correspond to the steps
needed to prepare a locally adopted comprehensive Shoreline Master Program update. Further
guidance on some of these steps is provided in the SMP Handbook located at:
http: / /www.ecy.wa.gov /programs/ sea / shorelines /smp /handbook/index.htmi The planning tasks in this
Scope of Work correspond to the phases in Figure 1: Shoreline Master Program Planning Process.
"Tasks" A, B, and C are common to all phases of the scope of work and are conducted throughout the
update process, whereas "phases" are sequential specific work programs.
Phases 1 & 2 are typically conducted in Year 1.
Phase 3 is typically conducted in Year 2.
Phases 4 and 5 are typically conducted in Year 3.
Some of the tasks included in this Scope of Work will overlap in time and may be completed
simultaneously with other tasks. Some tasks are iterative (e.g., analyzing cumulative impacts,
developing regulations) and may involve various steps conducted at different times in the process
before they are completed.
Project Deliverables 1�
The Recipient shall perform the following tasks with deliverables sent to Ecology's Project Officer,
indicated on Page 1 of this agreement. Select deliverables will require a draft submittal as well as a
final submittal. All deliverables should include the title of the applicable task, specify if the product
is DRAFT or FINAL, and assign a version number if appropriate. The Recipient shall include a
written response to Ecology's comments on draft deliverables as part of the FINAL product
deliverable.
All deliverables (except maps) per the scope of work below will be in Microsoft Word format, and
shall include accompanying maps if applicable. The accompanying maps shall be submitted in
one (1) digital copy and one (1) hard copy version with the following exceptions:
Final Draft SMP: 1 digital and 2 hard copies.
Quarterly Progress Reports and Payment Requests: one (1) hard copy each to be
submitted with original signatures in blue ink, due October 20, January 20, April 20, and July
20 for each year the grant or SMP process is active. Requests for payment must be
commensurate with progress to date.
Scope of Work
Project Description:
The Recipient shall complete an update of the Shoreline Master Program (SMP) meeting the
procedural and substantive requirements of the Shoreline Management Act (SMA) and its
implementing rules, including the Shoreline Master Program Guidelines (Guidelines). The
Recipient began the update process in 2009 and has completed a Public Participation Plan, an
Inventory and Characterization Report, Development of Goals and Policies for Shoreline Uses, and
Page 2 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
Established Shoreline Environment Designations. The Scope of Work for the update of the
Recipient's SMP will not include the aforementioned items, but will include the remaining steps of
the update process. The remaining steps of SMP update process include:
• Development of use regulations.
• Analysis of existing Critical Areas Regulations.
• Preparation of a Public Access Plan.
• Preparation of a No Net Loss Report.
• Analysis of cumulative impacts and uses.
• Preparation of a shoreline restoration plan.
• A formal local adoption process, including environmental review.
The Recipient will incorporate public participation in all phases of the SMP update as identified
within the adopted Public Participation Plan. The Recipient may use consultant support as
appropriate.
Work Program: The Recipient shall perform the following tasks and phases:
Task A: Coordination
Note: The Recipient has established a Technical Advisory Group consistent with the Guidelines
and SMA Rules to assist with the technical review of each completed deliverable. Additionally, the
Recipient has established a Shoreline Advisory Group to assist with the development of the Goals
and Policies for the SMP. The Recipient intends to utilize the groups as denoted in the Public
Participation Plan to satisfy the State requirements for Coordination.
Coordinate with Ecology: Attend Ecology- sponsored coordination meetings, which occur on a
regular basis, for the duration of the project. Provide Ecology opportunities for review of draft
deliverables at appropriate intervals. When requested, the Recipient shall include a written
response to Ecology's comments on draft deliverables.
Ecology will provide ongoing technical assistance on data sources and approaches, and will
evaluate consistency of deliverables with the Shoreline Management Act and applicable guidelines
throughout the update process. Ecology shall provide written comments when requested as
provided for in this agreement unless additional review time is required. Ecology will communicate
the need for additional review time along with a revised delivery date to the Recipient via a written
notice.
Deliverables:
Documentation of contacts in quarterly progress reports
Dates Due: October 20, January 20, April 20, and July 20 each year for three years.
Written responses to Ecology's comments on draft deliverables, when requested.
(May be provided in email format).
Date Due: Within 30 days following receipt of Ecology's comments unless additional time
is required. The Recipient will communicate the need for additional time along with a
revised delivery date to Ecology via a written notice.
Task B: Secure qualified consultant services and Interlocal Agreements
(if applicable)
Page 3 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
BA: Secure qualified consultant services: The Recipient prepared a detailed Scope of
Work for consultant services to complete the SMP update, published a Request for
Proposals, formed a review committee to evaluate respondents, and entered into a
contract with URS Corporation. It is anticipated that the URS Consultant Contract will
be utilized to complete the remaining work items, and that additional work items, not
included in the current URS contract will be added to the contract. However, the city
reserves the right to utilize other consultants as necessary.
Deliverable: Final executed consulting contract.
Date Due: S e pte m beF 2 February 2012, (Amended contract).
Task C: Implement Public Participation Plan
Throughout Phases 1 through 5 of the SMP update process, the Recipient shall
inform and involve the public in updating the SMP consistent with the objectives of
the Shoreline Management Act (see RCW 90.58.130 and WAC 173 -26). Public
participation should actively engage all shoreline users and should include
establishing local citizen and technical advisory committees, sharing information at
open houses and workshops, conducting user surveys, and maintaining an
interactive web site. Public participation shall continue through the formal public
hearing and local SMP adoption process.
Deliverable: Documentation of public participation in quarterly progress reports.
Dates Due: October 20, January 20, April 20 and July 20 each year for three years.
The Recipient shall prepare a complete, locally approved Draft SMP by completing Phases 1
through 5 described below and in the Shoreline Master Program Planning Process:
http: / /www.ecv.wa.gov /programs /sea/grants /smp /pdf /SMP Planning Process.pdf
PHASE 1: Preliminary Assessment of Shoreline Jurisdiction and Public
Participation Plan
Task 1.1: Identify preliminary shoreline jurisdiction
Completed August 2009 by URS Corporation. The preliminary shoreline jurisdiction was
identified and discussed in the Shoreline Inventory and Characterization Report. The report
was reviewed by the Technical Advisory Group, general public, Planning Commission and the
City Council, and it was accepted by Resolution # 10 -14, on Sept. 14, 2010. The report was
sent to Ecology as part of the Technical Advisory Group on February 25, 2010.
Task 1.2: Prepare plan for public participation
A Public Participation Plan was developed and adopted by Council Resolution #09 -016 on October
27, 2009. The plan was provided to Ecology on December 1, 2009.
PHASE 2: Shoreline Inventory, Analysis & Characterization
Page 4 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
Note: URS Corporation completed the Shoreline Inventory and Characterization Report. The
report was sent to DOE on Feb. 25, 2010 for review and comment. The report was reviewed by
the Planning Commission, General Public, and City Council, and accepted by resolution #10 -14 on
September 14, 2010. The report discussed items noted in task 2.1, 2.2, and 2.3.
Task 2.1: Conduct shoreline inventory
A shoreline field inventory was conducted in September 2009 by URS Corporation. An inventory
of all available data was conducted subsequent to the field inventory. Recipient staff met with
Ecology's staff on September 24, 2009 to discuss the inventory strategy.
Task 2.2: Conduct shoreline analysis
2.2.1 Characterize ecosystem -wide processes
The Shoreline Inventory and Characterization Report prepared by URS Corporation discussed the
ecosystem -wide processes. The Report was provided to Ecology on February 25, 2010.
2.2.2 Characterize shoreline functions
The Shoreline Inventory and Characterization Report prepared by URS Corporation discussed the
shoreline functions. The Report was provided to Ecology on February 25, 2010.
2.2.3 Conduct shoreline use analysis
The Shoreline Inventory and Characterization Report prepared by URS Corporation included a
shoreline use analysis discussion. The Report was provided to Ecology on February 25, 2010.
2.2.4 Analyze opportunities for public access
1. Identify current public access sites: Informal and Formal Access sites were identified in
the inventory.
2. Identify needs and - opportunities for future public access sites. — It was indicated by
public comment and the Shoreline Advisory Group that additional accesses are
desired, and that existing accesses may be deficient. As a result of the input, the
Recipient will develop a public access plan. The Public Access Plan will identify
appropriate shoreline access and eliminate the requirement that every proposed
development provide public access. The Public Access Plan will consider both
physical and visual access. The Public Access Plan will provide a description of
shoreline uses, physical access, and identify potential facility improvements. The
Inventory and Characterization Report, prepared by URS Corporation contains much of
the base information needed to develop the Public Access Plan. The plan will
accomplish the following:
• Define public access goals.
• Relate access and recreational uses to land uses.
• Identify and describe special opportunities for access.
• Review and incorporate existing park and recreation plans into the access
plan.
• Develop implementation strategies and means for continued maintenance.
• Develop strategies for determining and dealing with conflicts between public
access, private property privacy, and conservation goals.
• Develop standards for setbacks, property dedications, facilities and
landscaping.
Page 5 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
Page 6 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
Deliverables: Draft Public Access Plan for Public and Ecology Review.
Final Public Access Plan for inclusion in the SMP.
Date Due: Draft: September 30, 2012.
Final: January 31, 2013.
Task 2.3 Prepare shoreline inventory and characterization report
A Shoreline Inventory and Characterization Report with accompanying maps that provides an
analysis of the inventory data, ecosystem characterization and shoreline functions, shoreline use,
and public access findings as it relates to development of an effective SMP has been prepared.
The report was reviewed by the Technical Advisory Group, general public, Planning Commission
and City Council, and it was accepted by Resolution # 10 -14, on Sept. 14, 2010. The report was
provided to Ecology on February 25, 2010.
PHASE. 3: Complete Draft.SMP and Cumulative Impacts Analysis
Task 3.1 Conduct community visioning process
The Recipient conducted an informal community visioning exercise on two separate occasions.
The Recipient established a Shoreline Advisory Group to assist with the development of Goals and
Policies for the Shoreline Master Program. As part of the exercise, the group was asked to identify
issues or outcomes relative to shorelines that they hoped to achieve, as well as issues or concerns
that they hoped to avoid with the update process. Each participant documented their issues, which
have been used as a check and balance system. Throughout the development of the Goals and
Policies this checks and balance system ensured that issues were discussed, addressed, or
balanced with the diverse interests of the group. The initial exercise was conducted on January 20,
2011. Additionally, the Recipient conducted an open house to provide information to the public
regarding the update process. At this meeting, comments were received from the public identifying
concerns regarding the shorelines. This was documented by placing sticky notes on aerial maps
portraying rthe entire shoreline within theRcity-limits. Thissopen house was°conducted November
5, 2009 and attended by approximately 60 people.
Task 3.2: Develop general SMP goals, and policies
The City established a Shoreline Advisory Group to assist staff with the development of the Goals
and Policies that would become the framework for the development regulations. The Group met
eight times between January 20, 2011 and June 23, 2011. Draft Goals and Policies. were
completed in July 2011. The Council is expected to accept them by resolution by May 2012.
Task 3.3: Develop environment designations
URS Corporation developed environment designations appropriate to current shoreline conditions
per the findings of the Shoreline Inventory and Characterization Report. At this time the
environment designations are under review by staff and anticipated to be finalized by late 2012.
This task is not included in the contract.
Task 3.4: Conduct a review of existing critical areas regulations for integration
into the SMP
Conduct a review of the Recipient's existing critical areas ordinance with the update checklist and
perform a Best Available Science review. Existing regulations will be revised as necessary to meet
Page 7 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
the no -net loss standard required by SMA. The following specific tasks shall be conducted to this
end:
• Review existing critical areas regulations.
• Develop a method to integrate Critical areas into SMP.
• Revise existing regulations or prepare new critical area regulations for inclusion into the
SMP as part of the development regulations.
Deliverables: Draft Critical Areas Integration Analysis.
Final Critical Areas Integration Analysis.
Date Due: Draft: August 31, 2012.
Final Draft: November 30, 2012.
Task 3.5: Develop environment - specific shoreline use & modification regulations
and standards
Prepare draft regulations for environment designations, all uses discussed in the SMP Guidelines,
and shoreline modifications. The draft policies and regulations for shoreline environment
designations shall, at a minimum, identify:
• Shoreline use and modification activity regulations.
• Shoreline uses and modifications that are prohibited and allowed by Substantial
Development Permit or Conditional Use Permit.
• Bulk dimensional standards (buffers, setback, density, etc).
• Shoreline modification activity standards.
• Any local regulations adopted by reference, if relied upon to satisfy SMA or guidelines
requirements.
Optional SMP components may include:
• Shoreline use and dimensional standards listed in matrices, by environment designation
(strongly encouraged).
Task 3.6 Develop SMP administrative provisions
Prepare draft provisions for SMP administration, including necessary elements and timelines for
permit administration, compliance, and enforcement. Statements about the role of Ecology in
permit decisions should be included.
A definitions section should be prepared. Definitions should be particular to SMP administration,
consistent with the SMP's implementing rules. Definitions should be clearly and concisely written.
Optional SMP components may include additional administrative provisions, if not inconsistent with
SMA procedural rules and the guidelines. An SMP "user's guide" may be prepared.
Deliverables:
1. Complete Draft SMP including:
• Draft general goals and policies and optional general regulations, (Task 3.2).
• Draft environment designations and draft environment maps, (Task 3.3).
• Draft environment - specific shoreline use and modification policies regulations, and
standards, (Task 3.4).
Page 8 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
• Draft administrative provisions, (Task 3.5).
• Maps showing environment designations within shoreline jurisdiction
Date Due: Preliminary Draft: December 31, 2012.
Final Draft: April 30, 2013.
(Note: Please provide Ecology with sufficient time, approximately 45 to 60 days, to review and
comment on the draft documents).
Task 3.7 Prepare preliminary cumulative impacts analysis
Evaluate and analyze draft SMP policies, regulations and environment designations to show how
they achieve no net loss of shoreline ecological functions during the planning period. The analysis
will include incremental and cumulative impacts of future uses and development allowed by the
proposed SMP as an ongoing part of the update process. The analysis will identify how proposed
SMP regulations and standards and restoration and mitigation activities will avoid and offset
expected impacts of future permitted and exempt shoreline development. Scenario -based impacts
analysis is encouraged. The draft SMP may need to be revised if the initial analysis document
shows that cumulative impacts would result under the draft SMP.
(Note: The preliminary cumulative impacts analysis should be submitted at the same time as the
Draft SMP).
Deliverable: A cumulative impacts analysis of the SMP demonstrating how no net
loss of ecological functions will be achieved over time in the
jurisdiction.
Date Due: Preliminary Draft Analysis: September 30, 2012.
Draft Analysis: February 28, 2013.
Task 3.8: Demonstrate how Phase 3 complies with the Guidelines
Fill in SMP Submittal Checklist for the tasks that you have completed under Phase 3.
Deliverables: An SMP Submittal Checklist completed as relevant to task (adding
incrementally to earlier completed tasks).
Date Due: February 28, 2013.
PHASE 4: Restoration Planning, Revisiting Phase 3 Products
As Necessary
Task 4.1 Prepare restoration plan
Based on the Inventory and Characterization report, develop a plan for restoration of impaired
ecological functions in specific shoreline reaches. Restoration plans should include:
• Identification of degraded areas, impaired ecological functions, and sites with potential for
ecological restoration.
• Goals and priorities for restoration of degraded areas and impaired ecological functions.
• Existing and ongoing restoration projects and programs.
Page 9 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
• Overlaps in how and where restoration work is being conducted and recommendations for
coordination between groups doing restoration work.
• Additional projects needed to achieve restoration goals and implementation strategies,
including identification of prospective funding.
• Times and benchmarks for achieving restoration goals.
• Mechanisms to ensure that restoration projects and programs will be implemented.
Deliverable: A complete restoration plan and implementing strategy.
Dates Due: Draft:
Final:
June 30, 2012.
December 31, 2012.
Task 4.2: Revisit draft SMP and cumulative impacts analysis; finalize SMP
jurisdiction maps
Based on the findings in the - cumulative impacts analysis, re- evaluate and revise the draft SMP
environment designations, policies, and regulations in response to Ecology comments on the
preliminary draft materials: developed in Phase 3 as,necessary to assure that they are adequate to
achieve no net loss of ecological functions. Revise the cumulative impacts analysis as needed to
reflect changes in the draft SMP. This revised draft SMP will be the Planning Commission
recommended draft.
Prepare final jurisdiction maps (digital) of Shorelines of the State identified in Task 1.1 that will be
subject to the local SMP.
Deliverables:
1. Revised designations, policies, and regulations that address the findings of the
cumulative impacts analysis.
2. Revised cumulative impacts analysis.
3. Final SMP jurisdiction maps and boundary.descriptions
Date Due: Draft: May 31, 2013.
Final: August 31, 2013
Task 4.3: Prepare a report that demonstrates how no net loss will be achieved
Prepare a report that demonstrates how the recommended shoreline management measures in
Task 2.3, together with the:findings of the cumulative impacts analysis and the restoration plan, are
reflected in the proposed SMP and achieve no net loss.
Deliverables: A report that demonstrates how no net loss will be achieved through SMP
implementation.
Date Due: Draft: May 31, 2013.
Final: August 31, 2013.
Page 10 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
Task 4.4: Demonstrate how Phase 4 complies with the Guidelines
Fill in SMP Submittal Checklist for the tasks that you have completed under Phase 4.
Deliverables: An SMP Submittal Checklist completed as relevant to task (adding
incrementally to earlier completed tasks).
Date Due: August 31, 2013.
PHASE 5: Local SMP Adoption Process
Conduct a local review and adoption process for the proposed SMP as provided in the SMA, WAC
173 -26, and the State Environmental Policy Act. The SMP shall contain shoreline policies,
regulations, environment designations, definitions, required administrative provisions, and a clear
description of final SMP jurisdiction boundaries together with copies of any provisions adopted by
reference.
Task 5.1: Assemble complete draft SMP
Assemble a complete draft SMP for Council /Commission review and approval and formal submittal
to Ecology. This draft would include response to Ecology comments on the preliminary draft
submitted under Tasks 4.3 and 4.4 deliverables.
Task 5.2: Complete SEPA review and documentation
Conduct and document SEPA review pursuant to chapter RCW 43.21 C, the State Environmental
Policy Act.
Task 5.3: Provide GMA 60 -day notice of intent to adopt
Upon conclusion of Tasks 5. 1, and 5.2, local governments planning under the Growth
Management Act must notify Ecology and the Department of Commerce of its intent to adopt the
SMP as least sixty days in advance of final local approval, pursuant to RCW 36.70A.106 and WAC
173 -26 -100 (5).
Task 5.4: Hold public hearing
Hold at least one public hearing prior to local adoption of the draft SMP, consistent with the
requirements of WAC 173 -26 -100. The names and mailing addresses of all interested parties
providing comment shall be compiled.
Task 5.5: Prepare a responsiveness summary
Prior to adoption of the draft SMP by the local elected body, prepare a summary responding to all
comments received during the public hearing and the public comment period, discussing how the
draft SMP addresses the issues identified in each comment.
Task 5.6: Adopt SMP and submit to Ecology
Complete the adoption process for the SMP update and submit the locally- adopted Draft SMP to
Ecology.
Task 5.7: Demonstrate how Phase 5 complies with the Guidelines
Fill in the SMP Submittal Checklist for the tasks that you have completed under Phase 5.
Deliverables:
1. A complete, locally adopted SMP including maps, with relevant supporting
documentation (Tasks 5.1 and 5.7);
Page 11 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
2. SEPA products (checklist, MDNS or EIS; SEPA notice) (Task 5.2);
3. Evidence of compliance with GMA notice requirements (Task 5.3);
4. Public hearing record (Task 5.4);
5. Response to comments received (Task 5.5) ;
6. A complete SMP Submittal Checklist.
Date Due: December 31, 2013.
Summary of Deliverables and Due Dates
Task
Deliverable
DRAFT
due to
Ecology
Ecology
comments Due
to City
FINAL
due to Ecology
A & C
Quarterly progress reports
1/20, 4/20, 7/20 &
10/20 (yearly)
2.2.4
Public Access Plan
9/30/2012
11/30/2012
1/31/2013
3.4
Critical Areas Integration Analysis
8/31/2012
10/15/2012
11/30/2012
3.6
Draft SMP
12/31/2012
1/30/2013
4/30/2013
3.7
Preliminary Cumulative Impacts Analysis
9/30/2012
11/30/2012
2/28/2013
3.8
SMP Submittal checklist
2/28/2013
4.1
Restoration Plan
6/30/2012
8/31/2012
12/31/2012
4.2.1
Revised designations /goals /policies /use
regulations
5/31/2013
7/15/2013
8/31/2013
4.2.2
Revised Cumulative Impacts Analysis
5/31/2013
7/15/2013
8/31/2013
4.2.3
Final SMP jurisdiction maps & boundary
descriptions
5/31/2013
7/15/2013
8/31/2013
4.3
No Net Loss report
5/31/2013
7/15/2013
8/31/2013
4.4
SMP Submittal checklist
8/31/2013
5
Complete SMP submittal package
12/31/2013
Page 12 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
Budget Summary and Conditions
Budget Conditions
Due to State law, all State funds that are disbursed to local governments under these grants are
appropriated in the state budget on a biennial basis. Funds appropriated for each biennia of the
grant must be spent on eligible activities within that two -year period. Local governments are not
allowed to carry unexpended funds past that date.
We are aware that state and local fiscal years are not on the same schedule; however, state law
requires strict adherence to the state biennial funding cycles for state agreements. Grantees are
strongly encouraged to actively manage their projects to ensure that spending occurs at budgeted
levels within the time constraints specified on page one.
Project Administration: For the administration of this agreement the Recipient must
follow the current edition of the Administrative Requirements for Ecology Grants and
Loans (Yellow Book). http: / /www.ecy.wa.gov /biblio /9118.htmi
2. Invoicing:
• Grants are awarded on a reimbursable basis. The Recipient initially pays project
costs as they incur. Invoicing to Ecology is usually by quarter but not more often
than once per month. Upon presentation of an invoice to Ecology, Ecology's share
of the project is reimbursed to the Recipient.
• Expenditures will be monitored by the Ecology Fiscal Office for compliance with
the budget (see below). Budget deviations are allowed between tasks (e.g., a
grantee may spend less money on one task and more on another), but in no
circumstances may the Recipient exceed the total project cost. If the total of all
budget deviations exceeds 10% of the entire project cost, the Ecology Project
Officer may require a written budget redistribution. When submitting invoices to
Ecology, the Recipient shall itemize all costs by task and provide subtotals by
task on Ecology's Form C2, Voucher Support Form. All payment requests must
have forms A, B, C (and D if applicable), be accompanied by a commensurate
progress report, and receive Ecology Project Officer approval before payment can
be released.
NOTE For payment requests, the Recipient must use the Ecology forms provided.
Otherwise, Ecology will return requests to the Recipient for submittal on the correct
forms.
• The Recipient must maintain complete backup documents including but not
limited to all invoiced costs and time sheets - signed and dated by employee and
supervisor. The Recipient must keep these expenses in grant files according to
budget task for a period of three years after project completion and make them
available at any time for inspection by Ecology.
• Requests for reimbursement must be submitted at least quarterly but not more
than once per month by the Recipient on state invoice voucher forms.
• The indirect rate must not exceed 25 percent of direct (staff) labor and benefit
costs. This rate covers space utilities, miscellaneous copying, telephone, motor
pool, janitorial services, records storage, rental, county fiscal and legal services,
Page 13 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
etc. Items not included in this list must be reported with the first payment request
and must remain consistent for the life of the grant.
Right to Audit: The Recipient agrees that payment(s) made under this grant shall
be subject to reduction for amount charged thereto which are found after audit ex-
amination not to constitute allowable costs under this grant. The Recipient shall
refund by check payable to Ecology the amount of such reduction of payments
under completed or terminated grants.
• Estimates: The State Office of Financial Management (OFM) requires state
agencies to estimate the status of grant funds for the fiscal year ending each June
30. Ecology must have these estimates to ensure sufficient funds are reserved to
reimburse Recipients for expenditures incurred within that specific fiscal year,
similar to a cash flow projection. To that end, Ecology will be contacting local
governments near the end of each fiscal year for the dollar amount anticipated to
be incurred for project costs through June 30 that have not as yet been submitted
to Ecology for reimbursement.
4. Final payment of grant projects is contingent on receipt of viable work products as
listed in the grant document.
5. Funding Budget:.
The source of funds provided by ECOLOGY are from the 2011 -13 Washington State Legislature
under Engrossed Substitute. House Bill 1087, §302 for Shoreline Implementation and /or the Local
Toxics Control Account.*
Maximum Grant Amount, Fiscal Year 1 (7/1/11- 6/30/12): $ 18,568.
Maximum Grant Amount, Fiscal Year 2 (7/1/12- 6/30/13): $ 100.142.
Maximum Grant Amount, Fiscal Year 3 (7/1/2013 - 6/30/2014) $ 6,290.
Total Grant Amount: $ 125,000.
State Maximum Cost Share Rate over all three years: 100% UP TO a maximum of $125,000.
The effective date of this agreement is from July 1, 2011 to June 30, 2014.*
Page 14 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
Expenditure Budget
Note: If consultant services are involved in this project, the following budget must be
adhered to by all parties to ensure consistent reporting. Expenditure reporting will
follow the structure as indicated below.
Phase / Task
Year 1
Year 2
Year 3
Total
11 -12
12 -13
13 -14
Project
Tasks Common to All Phases:
A . Project Coordination
10,730
16,094
26,824
See phased
See phased
B. Contracted. Services
work #3 and 4
work #3, 4;
and'5=
C. Implement Public Participation Plan
Note: included in project coordination fees -
Phased Work:
1. Preliminary Assessment / Public
n/a
Participation Plan
2. Shoreline Inventory, Analysis, and
n/a
Characterization
3. Complete Draft SMP and Cumulative
72,507
1,290
73,797
Impacts Analysis
Work Includes:
Development Regulations- Draft
Development t - Regulations Final -
Workshops
Cumulative Impacts Draft Report
Cumulative Impacts Final Report
Public Meetings
Public Access Plan Draft
Public Access Plan Final
Public Meetings
Critical Areas Analysis Report
Revise Regulations
4. Restoration Planning / Revisit Phase 3
7,838
11,541
19,379
products as necessary.
Work includes:
Draft Restoration Plan
Final Restoration Plan
No Net Loss Report
5. Local Adoption Process
5,000
5,000
Public Meetings &
SEPA Documentation
Total
18,568
100,142.
1 6,290
1 125,000
Page 15 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
11 Special Terms and Conditions 11
1. Administrative Guidelines: The Recipient shall comply with the Department's current
edition of "Administrative Requirements for Ecology Grants and Loans ", ( "Yellow Book ")
publication number 91 -18. The Recipient shall be responsible for maintaining
appropriate financial records throughout the life of the project and in accordance with
these guidelines.
2. Responsibilities of the Project Coordinator: The Recipient's Project Coordinator shall
be responsible for the procedural obligations under this agreement in addition to his /her
duty to coordinate the planning effort hereunder. He /She shall cooperate with all parties
concerned in every way possible to promote successful completion of the services
described in the Scope of Work.
3. Progress Reports: The RECIPIENT shall prepare and submit quarterly progress
reports to the DEPARTMENT throughout the life of the grant. Reports shall be
submitted no later than 20 calendar days after the end of the reporting period as
follows:
Progress Report;
I I Reporting Period
Date Due
First Quarter
July 1 — September 30
October 20
Second Quarter
October 1 — December 31
January 20
Third.Quarter
January 1 — March 31
April 20
Fourth Quarter
April 1 — June 30
July 20
For Report Contents and Ecology's form: Please visit our website at:
hftp://www.ecy.wa.gov/programs/sea/grants/smp/forms.htmi
County or City Name
Grant No. G1200XXX
Project Title
Task Title
Task Number
Date
4. Identification of Project Materials - All
reports, maps, and other documents published as
part of this grant agreement shall carry the name of
the RECIPIENT; Ecology's grant number (in the
upper right hand corner), title, the specific task
number of the product and date centered on the
front cover or title page (or in the case of maps, the
block which contains the name of the Government
unit or Department) and acknowledgment of the
source of funding as follows:
5. Format for Publications and Brochures: Any (hard copy) publications or
brochures are required as a product of this agreement shall conform to minimum
standards of size, 8 -1/2" x 11" white, recycled paper equivalent in weight to 20 lb. bond,
single spaced, printed both sides, no less than 1" margins. Photos, illustrations, and
graphs must be of reproducible quality. Any publications or brochures intended for
public distribution shall comply with graphic requirements as specified in Ecology's
"Publications Handbook ", publication number 91 -41 and any additional specifications as
may be outlined in the Scope of Work.
6. Quality Assurance Project Plan (QAPP). IF this project involves the collection of
environmental measurement data, the RECIPIENT must prepare a QAPP to ensure the
consistent application of quality assurance principles to the planning and execution of all
activities involved in generating this data. The plan shall be conducted in accordance
Page 16 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
with the DEPARTMENT's Guidelines for the Preparation of Quality Assurance Project
Plans for Environmental Studies current edition, (Ecology Publication No. 04 -03 -030).
The plan must describe the monitoring and data quality objectives, procedures, and
methodologies which will be used to ensure that all environmental data generated will
meet these requirements. The size and complexity of the plan should be cost effective
and in proportion to the magnitude of the sampling effort. The RECIPIENT may also
reference Technical Guidance for Assessing the Quality of Aquatic Environments
February 1994 (Ecology Publication No. 91 -78), in developing the plan. The QAPP shall
be composed of a concise description of the environmental measurement aspects of this
project. Ecology's Project Officer shall review and approve this plan prior to initiation of
work.
The QAPP should describe the following elements:
- Assumptions that direct the collection and analysis of data;
- Resources used (such as flights for aerial photos);
- Resource documents that will be consulted;
- Field methods employed;
- Office methods employed;
- Training level of staff involved in data collection and analysis;
- Equipment / materials to be used
Procedures to assure accurate calibration of field instruments.
Other supporting documentation, including example QAPPs, QAPP templates, and
field SOPs may be found at Ecology's Quality Assurance website:
www.ecy.wa.gov /programs /eap /quality.html.
7. Coordination with Ecology's Geographical Information System (GIS). If this project
involves developing GIS data, the RECIPIENT shall coordinate with Ecology's GIS
office in an effort to promote compatibility and to encourage sharing of geospatial data.
To facilitate data sharing, the DEPARTMENT utilizes the following standards:
8. Ecology's GIS Standards
Feet
ESRI's ARC /INFO
Current
version ESRI's ArcView
Current
Version Horizontal Datum
NAD 83
HARN Vertical Datum
NGVD 88
Projection System
Lambert Conic
Conformal Coordinate System
WA State Plane
Coordinates Coordinate Zone
South
Coordinate Units
Feet
Accuracy Standard
+/ -40 Feet (1:24,000) minimum accuracy to
within a foot of the true North American datum
system
Vector Import Format
ArcExport, DLG and /or DXF, shapefiles
Raster Import Format
TIFF, BIL/BIP, RLC,GRID,ERDAS, SID
Whenever possible, the Recipient is encouraged to utilize the standards listed above
when compiling data. To discuss the usage of other standards, please contact Jerry
Franklin at 360 407 -7470; Fax: 360 407 -6902; E -Mail: jfra461 @ecy.wa.gov or Dan Saul
Page 17 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
at 360- 407 -6419; E- Mail: dsau461(d-)ecy.wa.gov for further data sharing and
compatibility information.
The RECIPIENT shall submit copies to Ecology's Project Officer with complete
documentation as it relates to all digital data, GIS coverages, shape files, related tables
and map products.
9. Washington State Minority and Women's Business Participation. The RECIPIENT
agrees to solicit and recruit, to the maximum extent possible, certified minority -owned
(MBE) and women -owned (WBE) businesses in purchases and contracts initiated after
the effective date of this Agreement.
In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the
RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women -owned
business participation in all bid packages, request for proposals, and purchase orders.
These goals are expressed as a percentage of the total dollars available for the
purchase or contract and are as follows:
Construction /Public Works 10% MBE 6 %WBE
Architecture /Engineering 10% MBE 6 %WBE
Purchased Goods 8% MBE 4 %WBE
Purchased Services 10% MBE 4 %WBE
Professional Services 10% MBE 4 %WBE
No contract award or rejection shall be made based on achievement or non -
achievement of the goals. Achievement of the goals is encouraged, however, and the
RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take
the following affirmative steps in any procurement initiated after the effective date of this
Agreement:
a. Include qualified minority and women's businesses on solicitation lists.
b. Assure that qualified minority and women's businesses are solicited
whenever they are potential sources of services or supplies:
C. Divide the total requirements, when economically feasible, into smaller
tasks or quantities, to permit maximum participation by qualified minority
and women's businesses.
d. Establish delivery schedules, where work requirements permit, which
will encourage participation of qualified minority and women's
businesses.
e. Use the services and assistance of the State Office of Minority and
Women's Business Enterprises ( OMWBE) and the Office of Minority
Business Enterprises of the U.S. DEPARTMENT of Commerce, as
appropriate.
By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be
followed. Any contractor engaged by the RECIPIENT under this agreement shall be
required to follow the above five affirmative steps in the award of any subcontract(s).
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice,
on forms provided by the DEPARTMENT, payments made to qualified firms. The report
will address:
a. Name and state OMWBE certification number of any qualified firm receiving funds
under the voucher, including any sub - and /or sub - subcontractors.
b. The total dollar amount paid to qualified firms under this invoice.
Page 18 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
The following federal terms and conditions are applicable with any local grant being used as match
to a federal agreement at the State level. Ecology provides the required (FFATA) form at the
time of grant signature.
10. Federal Circular Compliance: As a subrecipient of federal funds, the RECEIPIENT
must comply with the following federal regulations:
OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organization.
OMB Circular A -133, Compliance Supplement.
OMB Circular A -87, Cost Principles for State, Local and Indian Tribal Governments.
OMB Circular A -102, Uniform Administrative Requirements.
These federal regulations can be found at: http: / /www.whitehouse.gov /omb /circulars/
11. Federal Funding Accountability and Transparency Act (FFATA) Reporting
Requirements: FFATA requires giving the public access to information on federal
awards (federal financial assistance and expenditures) in a single, searchable website
( www.USASpendina.gov) . Federal awards include grants, subgrants, loans, awards,
cooperative agreements and other forms of financial assistance, as well as contracts,
subcontracts, purchase orders, task orders, and delivery orders.
In order to comply with the FFATA, the Recipient must complete the FFATA Data
Collection Form and return it to the Ecology. Ecology will report basic agreement
information, including the required DUNS number, for all federally- funded agreements at
www.fsrs.gov. This information will be made available to the public at
www.usaspending.gov. Recipients who do not have a DUNS number can find guidance
at www.grants.gov. Please note that Ecology will not pay any invoices until it has
received the completed FFATA Data Collection Form.
Any recipient that receives 80 percent or more of its annual gross revenues from
federal funds, and receives more than $25,000,000 in annual federal funds, must also
report compensation for its five top executives. See www.fsrs.gov for details of this
requirement. If your organization falls into this category, you must report the required
information to Ecology.
12. Government Debarment and Suspension: This agreement is subject to Federal
Executive Orders 12549, 12689 and 15 CFR Part 26, Debarment and Suspension and
Requirements for a Drug -free Workplace:
CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY
OR VOLUNTARY EXCLUSION:
a. Unless authorized by the Department in writing, a person (as defined at 15 CFR Part
26.105(n)) who is debarred or suspended shall be excluded from Federal financial
and non - financial assistance and benefits under Federal programs and activities
except to the extent prohibited by law or authorized by the U.S. Department of
Commerce.
b. Unless the U.S. Department of Commerce authorizes in writing an exception in
accordance with 15 CFR Parts 26.215, 26.220, and /or 26.625, the Recipient shall
not knowingly do business under this agreement with a person who is debarred or
suspended, or with a person who is ineligible for or voluntarily excluded from that
agreement. The Recipient shall not renew or extend a subaward (other than no-
Page 19 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
cost time extensions) with any person who is debarred, suspended, ineligible, or
voluntarily excluded, except as provided in 15 CFR Part 26.215.
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
the Department 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 I 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
SUSP_ENSION INELI.GIB1LlTY- OR-- VOL.UNT.ARY
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.
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 the Department upon
request. RECIPIENT /CONTRACTOR must run a search in www.epls.gov
and print a copy of completed searches to document proof of compliance.
13. Restrictions on Lobbying: Each bidder /applicant/recipient / subrecipient of this
agreement is generally prohibited from using Federal funds for lobbying the Executive
or Legislative Branches of the Federal Government in connection with this award. This
Page 20 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
agreement is subject to Section 319 of Public Law 101 -121, which added Section 1352,
regarding lobbying restrictions, to Chapter 13 of Title 31 of the United States Code. The
new section is explained in the common rule, 15 CFR Part 28 (55 FR 6736 -6748,
2/26/90).
14. Consistency: It is the responsibility of the RECIPIENT to ensure that all sub -
RECIPIENTS and contractors comply with the terms and conditions of the agreement and
that the State of Washington is named as an express third -party beneficiary of such
subcontracts with full rights as such.
16. Grant Closeout: All products for this project shall reflect an end date on or before June
30, 2014 and shall be submitted to the DEPARTMENT on or before July 20. 2014 or as
otherwise specified in the Scope of Work. Completed end -of- biennium estimate forms and
final payment requests must be submitted in accordance with notification provided by
Ecology's Fiscal Office.
16. All Writings. Contained Herein. This agreement, the appended "General Terms and
Conditions ", and the DEPARTMENT'S current edition of "Administrative Requirements
for Ecology Grants and Loans ", contains the entire understanding between the parties,
and there -are no:other understandings or representations except those set forth or
incorporated by reference herein. No subsequent modification(s) or amendment(s) of
this agreement shall be of any force or effect unless in writing, signed by authorized
representatives of the RECIPIENT and DEPARTMENT, and made a part of this
agreement.
General Terms and Conditions are appended to this agreement. See Appendix 1.
In Witness Whereof, the parties hereby sign this grant agreement:
Washington State
Department of Ecology
a � �I� 1-44,-/4
Gordon White Date
Program Manager
Shorelands and Environmental
Approved as to form by
The Assistant Attorney General
City of
Spokane Valle
2, J l
S gnature,/Authorized Official D to
Print Name of Authorized Official
Title & Authorized dfficial
(Note: Insert additional signature block(s)
or pages if more than one signature block is
required).
Page 21 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
Appendix 1: GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the
RECIPIENT and RECIPIENT's employees. The RECIPIENT shall not assign or subcontract
performance to others unless specifically authorized in writing by the DEPARTMENT.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all sub - grantees and contractors comply with the terms
and conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT
pursuant to this agreement, the state of Washington is named-as an express-third -party beneficiary
of such subcontracts with full rights:as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase.of equipment and professional architectural and
engineering services shall be awarded through a competitive process, if required by State law.
RECIPIENT shall retain copies of all bids received and contracts. awarded, for inspection and use
by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws,
orders, regulations and permits.
Prior to commencement'of'any construction; the - RECIPIENT shall secure the
necessary approvals and permits required by authorities having jurisdiction over the project,
provide assurance to the DEPARTMENT that all approvals and permits have been secured, and
make copies available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further
agrees to affirmatively support the program of the Office of Minority and Women's Business
Enterprises to the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT
the percent of grant/loan funds available to women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect wages and
job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable
state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the
DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided
in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or
otherwise involved in this project to give up any part of the compensation to which he /she is
Page 22 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract
hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to
this agreement. Such records shall clearly indicate total receipts and expenditures, by fund source
and task or object.
All grant/loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or
by any duly authorized audit representative of the State of Washington for a period of at least three
years after the final grant payment/loan repayment or any dispute resolution hereunder. If any
such audits identify discrepancies in the financial records, the RECIPIENT shall provide
clarification and /or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be
made available to the DEPARTMENT and to any authorized state, federal or local representative
for inspection at any time during the course of this agreement and for at least three years following
grant/loan termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A -133 (Audits of States,
Local Governments & Non Profit Organizations), including the compliance Supplement to OMB
Circular A -133, if the RECIPIENT expends $300,000 or more in a year in Federal funds. The
$300,000 threshold for each year is a cumulative total of all federal funding from all sources. The
RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final
corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report.
PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment
request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also
report in writing to the DEPARTMENT any problems, delays or adverse conditions which will
materially affect their ability to meet project objectives or time schedules. This disclosure shall be
accompanied by a statement of the action taken or proposed and any assistance needed from the
DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports
are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June
30, July 1 through September 30, and October 1 through December 31. Reports shall be due
within twenty (20) days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis
as specified in the grant agreement and no more often than once per month. Each request for
payment will be submitted by the RECIPIENT on State voucher request forms provided by the
DEPARTMENT along with documentation of the expenses. Payments shall be made for each
task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by
the RECIPIENT and certified as satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable
costs by major elements as described in the Scope of Work. Instructions for submitting the
payment requests are found in "Administrative Requirements for Ecology Grants and Loans ", part
IV, published by the DEPARTMENT. A copy of this document shall be furnished to the
RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be
made to the mutually agreed upon designee.
Page 23 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
Payment requests shall be submitted to the DEPARTMENT and directed to the
Project Officer assigned to administer this agreement.
2. Budget deviation. Deviations in budget amounts are not allowed without written
amendment(s) to this agreement. Payment requests will be disallowed when the RECIPIENT's
request for reimbursement exceeds the State maximum share amount for that element, as
described in the Scope of Work.
3. Period of Compensation. Payments shall only be made for action of the
RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior
to the expiration date of this agreement, unless those dates are specifically modified in writing as
provided herein.
4. Final Request(s) for Payment. The RECIPIENT must submit final requests for
compensation within forty- five(45) days after the expiration date of this agreement and within
fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed
reimbursement.
5. Performance Guarantee. The DEPARTMENT may withhold an amount not to
exceed ten percent (10 %) of each reimbursement payment as security for the RECIPIENT's
performance-and a financial bond. Monies withheld by the DEPARTMENT may be paid to the
RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in
the;DEPARTMENT's sole discretion, such payment is reasonable and approved according to this
agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein.
6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to
final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan
shall be refunded to the DEPARTMENT by the RECIPIENT.
7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for
state employees.
8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless
provided for in the Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent
upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In
the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any
obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds
thereunder and /or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, and reports or other materials prepared by the
RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department
property and the RECIPIENT shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and /or the State of Washington
because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold
payments for the purpose of setoff until such time as the exact amount of damages due the
DEPARTMENT from the RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is
contingent on the availability of state and federal funds through legislative appropriation and state
allotment. When this agreement crosses over state fiscal years the obligation of the
DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The
Page 24 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
failure to appropriate or allot such funds shall be good cause to terminate this agreement as
provided in paragraph K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon
appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing
contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid
to the RECIPIENT in accordance with Section O herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work
on the project funded herein within four months after the effective date of this agreement, or by any
date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the
right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a
breach of any provision of this agreement is not a waiver of any subsequent breach and will not be
construed as a modification of the terms of this agreement unless stated as such in writing by the
authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials
or invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish,
recover or otherwise use the material(s) or property and to authorize others to use the same for
federal, state or local government purposes.
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35
U.S.C. 200 -212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use
or publish information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed
reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans ", Part V, shall control the use and disposition of all
real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT
in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific
instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT
provides personal property directly to the RECIPIENT for use in performance of the project, it shall
be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is
lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be
reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by
this agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the
RECIPIENT shall establish that the cost of land /or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to
acquire title for each parcel prior to disbursement of funds provided by this agreement. Such
evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's
opinions establishing that the land is free from any impediment, lien, or claim which would impair
the uses contemplated by this agreement.
Page 25 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
6. Conversions. Regardless of the contract termination date shown on the cover
sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this agreement to uses other than those for which assistance was originally
approved without prior written approval of the DEPARTMENT. Such approval may be conditioned
upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other
conversion or encumbrance which monies granted pursuant to this agreement bear to the total
acquisition, purchase or construction costs of such property.
N. RECYCLED /RECYCLABLE PAPER
All documents and materials published under this agreement shall be produced on recycled
paper containing the highest level of post consumer and recycled content that is available. At a
minimum, paper with 10 percent post consumer content and 50 percent recycled content shall be
used. Whenever possible, all materials shall be published on paper that is unbleached or has not
been treated with chlorine gas and /or hypochlorite.
As appropriate, all materials shall be published on both sides of the paper and shall
minimize the use of glossy or colored paper and other items which reduce the,recyclability of the
document.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is
contingent upon satisfactory performance of this agreement including the satisfactory completion
of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to
perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's
sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the
RECIPIENT for those parts of the project that are rendered worthless in the opinion of the
DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12 %) per annum from the time the
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be
obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any
property acquired under this agreement, at the option of the DEPARTMENT, may become the
DEPARTMENT'S property and the RECIPIENT'S "liability to repay monies shall-be reduced by an
amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by
the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the
Project Officer or other designated official to whom the RECIPIENT shall report and be
responsible. In the event there is a dispute with regard to the extent and character of the work to
be done, the determination of the Project Officer or other designated official as to the extent and
character of the work to be done shall govern. The RECIPIENT shall have the right to appeal
decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact
arising under this agreement which is not disposed of in writing shall be decided by the Project
Officer or other designated official who shall provide a written statement of decision to the
RECIPIENT. The decision of the Project Officer or other designated official shall be final and
conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT
mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have
the opportunity to be heard and to offer evidence in support of this appeal. The decision of the
Director or duly authorized representative for the determination of such appeals shall be final and
Page 26 of 27
SMA Grant Agreement No. G1200043
between the Washington State Department of Ecology and the
City of Spokane Valley, WA
conclusive. Appeals from the Director's determination shall be brought in the Superior Court of
Thurston County. Review of the decision of the Director will not be sought before either the
Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of
dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement
and in accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises
any function or responsibility in the review, approval, or carrying out of this agreement, shall
participate in any decision which affects his /her personal interest or the interest of any corporation,
partnership or association in which he /she is, directly or indirectly interested; nor shall he /she have
any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided in the
Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each
party shall indemnify and hold the other harmless from and against any liability for any or all
injuries to persons or property arising from the negligent act or omission of that party or that party's
agents or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement
which can be given effect without the invalid provision, and to this end the provisions of this
agreement are declared to be severable.
V. PRECEDENCE
In the.event of inconsistency in this agreement,. unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal
and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any
terms incorporated herein by reference including the "Administrative Requirements for Ecology
Grants and Loans "; and (e) the General Terms and Conditions.
SS -010 Rev. 05/02
Page 27 of 27