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06-102.00 WSDOE: Stormwater Grantsi. PHASE II MUNICIPAL STORMWATER GRANTS PROGRAM GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF SPOKANE VALLEY THIS is a binding agreement entered into, by, and between the state of Washington Department of Ecology, hereinafter referred to as the "DEPARTMENT ", and the City of Spokane Valley, hereinafter referred to as the "RECIPIENT." The purpose of this agreement is to provide funds to the RECIPIENT to carry out the requirements described herein. PART I. GENERAL INFORMATION Project Title: Grant Number: RECIPIENT Name: Mailing Address: RECIPIENT Contact: Telephone Number: Fax Number: E -Mail Address: RECIPIENT Billing Contact: Telephone Number: Fax Number: E -Mail Address: RECIPIENT Federal ID Number: DEPARTMENT Project Manager: Mailing Address: Street Address: Telephone Number: Fax Number: E -Mail Address: City of Spokane Valley Phase H Implementation G0600363 City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Gloria Mantz Stormwater Engineer (509) 688 -0226 (509) 921 -1008 gmantz @spokanevalley.org Charlotte Pflieger (509) 921 -1000 (509) 921 -1008 cpieger @spokanevalley.org REDACTED David J. Duncan Washington State Dept. of Ecology 4601 North Monroe Street Spokane, WA 99205 -1295 (509) 329 -3554 (509) 329 -3570 ddun461 @ecy.wa.gov c M C f9 E 0 M C M X N M M 'F' N 00 4 3 C u o c „ O r U M 1n 3 M 3 r a C -a u W C cup E L u O � L f0 H t v � o j v tea,_ C C ro O -0 O � . O- O .0 to + f6 qO i., +' O 0 � O O -0 i C Q 0 o o C: o 3 E ZJ � U N p v O Ln -0 U tD 2 Le) O N > N N 4 3 o Qo_,., T O M 4-1 CL C U •V 7 C } a, n (c v- )C)2_ City of Spokane Valley Phase II Implementation City of Spokane Valley Grant No. G0600363 DEPARTMENT Financial Manager: Mailing Address: Telephone Number: Fax Number: E -Mail Address: DEPARTMENT Funding Source: Total Cost: Total Eligible Cost: DEPARTMENT Share: RECIPIENT Share: DEPARTMENT Maximum Percentage: Lori Eastabrook Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, WA 98504 -7600 (360) 407 -6541 (360) 407 -7151 loea461@ecy.wa.gov Stormwater Phase II Local Toxics Control Account (FY06) $75,000 $75,000 $75,000 $0 100 percent The effective date of this grant agreement shall be the date this agreement is signed by the DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective date of this agreement will be at the sole expense and risk of the RECIPIENT. This agreement shall expire no later than August 31, 2009. PART II. PERFORMANCE MEASURES A. Post Project Assessment: The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the status of eventual environmental results or goals from the project. The DEPARTMENT's Performance Measures Lead will e-mail the RECIPIENT the Post Project Assessment Survey approximately sixty (60) days prior to the Post Project Assessment Date. An example of the Post Project Assessment Survey is included as Attachment 1. This form is to be completed by the RECIPIENT and sent as an e -mail attachment to the DEPARTMENT's Project Manager and the DEPARTMENT's Water Quality Program Performance Measures Lead. Page 2 of 11 City of Spokane Valley Phase II Implementation City of Spokane Valley Grant No. G0600363 The DEPARTMENT may conduct on -site interviews and inspections, and may otherwise evaluate the Project. The DEPARTMENT will enter the information provided into its performance measures database to be provided to the Washington State Legislature, United States Environmental Protection Agency, and other natural resource agencies. The Performance Measures Lead will be available as needed during negotiations, throughout the project, and in the post project assessment period as a resource. Post Project Assessment Date: December 31, 2011 B. Water Quality Goal(s): Regulatory compliance achieved to address the National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit requirements. C. Outcomes: 1. Develop a program to detect and eliminate illicit discharges into the MS4. 2. Develop an educational and outreach program to educate the public on how to prevent illicit discharges and help improve the quality of waters of the state. D. Project Milestones: 1. Make an inventory of outflow locations into waters of the state. Complete field work by October 1, 2007. 2. Using Geographic Information System (GIS), create a database and maps of outfall locations by January 31, 2008. 3. Revise stormwater ordinance by May 1, 2007. Present to the Spokane Valley City Council and Planning Commission by December 31, 2007. Adopt ordinance by April 1, 2008. 4. Update web site and create fact sheets and brochures by December 31, 2007. PART III. PROJECT DESCRIPTION Begin the implementation of the National Pollutant Discharge Elimination System and State Waste Discharge General Permit for Discharges from Small Municipal Separate Storm Sewers in Eastern Washington in the city of Spokane Valley. The project objectives will be accomplished by making an inventory of outfalls to waters of the state, compiling field work data into a GIS layer, and development of stormwater maps. In addition, the RECIPIENT's existing stormwater ordinance will be revised to prohibit illicit discharges into the MS4 consistent with the final permit. Furthermore, the RECIPIENT will start Page 3 of 11 City of Spokane Valley Phase II Implementation City of Spokane Valley Grant No. G0600363 developing an education and outreach program that will focus on educating the public on how to prevent illicit discharges and how they can help improve the quality of waters of the state. PART IV. PROJECT BUDGET City of Spokane Valley Phase II Implementation ELEMENTS TOTAL ELIGIBLE COST (TEC)* Task 1 — Project Administration/Management $ 9,120 Task 2 - Outfall Inventory $22,080 Task 3 - Outfall GIS Database & Mapping $10,600 Task 4 - Ordinance Amendment $10,040 Task - Outreach and Education Program $23,160 Total $75,000 * The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost. MATCHING REQUIREMENTS (There are no matching requirements in this program) DEPARTMENT Share FY 06 (100% of TEC) (Washington State Legislative 2005 -07 Capital Budget, Section 325(3)) $75,000 Payment Request Submittals. Payment requests shall not be submitted more often than monthly, unless allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Payment Schedule. Payments will be made on a cost - reimbursable basis. PART V. SCOPE OF WORK The RECIPIENT shall ensure that this project is completed according to the details of this agreement. The RECIPIENT may elect to use its own forces or it may contract for professional services necessary to perform and complete project related work. The RECIPIENT certifies by Page 4 of 11 City of Spokane Valley Phase II Implementation City of Spokane Valley Grant No. G0600363 signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. Eligible and ineligible project costs are separate and identifiable for billing purposes. The RECIPIENT shall submit a copy of the final negotiated agreement(s) to the DEPARTMENT's Financial Manager. Task 1 - Proiect Administration/Management A. The RECIPIENT shall administer the project. Responsibilities shall include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; attainment of all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT shall manage the project. Efforts shall include conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees, the DEPARTMENT, all affected local, state, or federal jurisdictions, and/or any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. C. The RECIPIENT shall submit all invoice voucher submittals and supportive documentation, to the DEPARTMENT's Financial Manager. Invoice voucher submittals shall include a State of Washington Invoice Voucher Form A19 -1A, Form B2 (ECY 060- 7), Form C2 (ECY 060 -9), Form D (ECY 060 -11), Form G (ECY 060 -14), Form E (ECY 060 -12), Form F (ECY 060 -13), Form H (F -21), and Form I (ECY 060 -15) must be completed where eligible costs have been incurred. Copies of all applicable forms shall be included with an original A19-1A, and shall be submitted the DEPARTMENT. Blank forms are found in Administrative Requirements for Ecology Grants and Loans. D. The RECIPIENT shall submit to the DEPARTMENT's Project Manager the following documents and in the quantities identified: • Draft project completion reports — three (3) copies • Final project completion reports — seven (7) copies • Electronic copy of final project completion report • Final project completion reports of statewide significance - 50 copies The RECIPIENT shall submit two copies of any document(s) which require DEPARTMENT approval. Once approval is given, one (1) copy will be returned to the RECIPIENT. If the RECIPIENT needs more than one (1) approved copy, the number of submittals should be adjusted accordingly. Page 5 of 11 City of Spokane Valley Phase II Implementation City of Spokane Valley Grant No. G0600363 E. Required Performance: 1. Effectively administer and manage this grant project. 2. Maintain all project records. 3. Submit all required performance items, progress reports, financial vouchers, and maintain all project records. Task 2 - Outfall Inventory A. The RECIPIENT shall generate maps to support field investigations. The maps will show all surface waters of the state, streets, property boundaries, land uses, and known outfall locations. The maps will contain a preliminary delineation of survey reaches. B. The RECIPIENT shall conduct a reconnaissance by walking water bodies to record outfall locations with, a Global Positioning System (GPS) unit, photo document, and physically mark them with spray paint or other permanent marker. This portion of the task is likely to be subcontracted due to our current work load. C. The RECIPIENT shall photo document any obvious illicit discharges (i.e., sewage or other pollutant) and estimate flow volumes. D. The RECIPIENT shall complete an outfall inventory database. E. Required Performance: 1. Develop preliminary field maps. 2. Conduct GPS and photo documentation of outfalls. 3. Inventory of outflow locations. Task 3 - Outfall GIS Database & Mapping A. The RECIPIENT shall modify the existing stormwater inventory database to include the necessary fields for outfall inventory. The RECIPIENT shall export the database into the handheld GPS unit. B. The RECIPIENT shall research existing inventories and maps and create new maps to locate all water bodies within the City. C. The RECIPIENT shall download the data captured in the field daily and import the new data into the Stormwater Inventory geodatabase. The data collected will be readily available to share with state, federal, or local agencies. Page 6 of 11 City of Spokane Valley Phase II Implementation City of Spokane Valley Grant No. G0600363 D. The RECIPIENT shall create one large map showing the locations of all the identified outfall structures within the City, and detailed 8 '/z x 11" maps of the outfall structures shown on the map within sections, townships, and ranges. E. Required Performance: 1. Complete GIS database of outfalls. 2. Prepare outfall maps. Task 4 - Stormwater Ordinance Amendment A. The RECIPIENT shall revise the existing stormwater ordinance to prohibit illicit discharges and authorizes enforcement actions. B. The RECIPIENT shall present the ordinance to the Spokane Valley Planning Commission and City Council and will hold at least one public hearing. C. The RECIPIENT shall adopt the revised stormwater ordinance. e D. The RECIPIENT shall provide the DEPARTMENT with two (2) copies of any tangible educational products developed under this grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements or gadgets, such as a refrigerator magnet with a message: The RECIPIENT shall also supply the DEPARTMENT with the names and contact information of local project leads, and a computer file copy of an education product either on floppy disks or CD -ROM. If this is impractical, as in the case of a sign, display, website, workshop, or educational program, the RECIPIENT shall provide a complete description including photographs or printouts. This includes technical assistance tools if they are disseminated to a group. E. Required Performance: Adopt revised ordinance by April 15, 2008. Task 5 - Public Education and Outreach A. The RECIPIENT shall identify target audiences. B. The RECIPIENT shall provide information to the general public through the web site about the importance of improving water quality and protecting beneficial uses of waters of the state, preventing illicit discharges, and actions the public can take to improve water quality. Page 7of11 City of Spokane Valley Phase II Implementation City of Spokane Valley Grant No. G0600363 C. The RECIPIENT shall prepare a brochure and fact sheets for commercial and industrial businesses. These materials will provide information about stormwater issues and the hazards associated with illicit discharges and improper disposal of waste. In addition, it will provide steps businesses can take to reduce stormwater pollution and prevent illicit discharges. This portion of the task is likely to be subcontracted and a copy of the subcontracted agreement will be provided to the DEPARTMENT's Project Manager. D. The RECIPIENT will create a link on existing City web site that provides the information included in the brochures and fact sheets. E. The RECIPIENT shall provide the DEPARTMENT with two (2) copies of any tangible educational products developed under this grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements or gadgets, such as a refrigerator magnet with a message. The RECIPIENT shall also supply the DEPARTMENT with the names and contact information of local project leads, and a computer file copy of an education product either on floppy disks or CD -ROM. If this is impractical, as in the case of a sign, display, website, workshop, or educational program, the RECIPIENT shall provide a complete description including photographs or printouts. This includes technical assistance tools if they are disseminated to a group. F. Required Performance: 1. Preparation of a brochure and fact sheets 2. Distribution of information to target audiences 3. Creation of a stormwater web site PART VI. SPECIAL TERMS AND CONDITIONS A. Commencement of Work. In the event that the RECIPIENT fails to commence work on the project funded herein within four (4) months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. B. Equipment Purchase. The following equipment shall be eligible for purchase through this project: GPS units and related software and digital camera. The total cost of all equipment purchased under this project shall not exceed $5,500. Changes in equipment type must have prior approval from the DEPARTMENT. At project completion all purchased equipment or acquired property shall be retained by the RECIPIENT for continuing the water quality objectives for which the equipment was purchased. Page 8 of 11 City of Spokane Valley Phase II Implementation City of Spokane Valley Grant No. G0600363 C Indirect Rate. To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent based on RECIPIENT employee's direct salary and benefit costs incurred while conducting project related work provided that prior to signature of this agreement, the DEPARTMENT's Financial Manager may require a list of items included in the indirect rate during negotiations or thereafter. Items that are generally included in an indirect rate are identified in Administrative Requirements for Ecology Grants and Loans_ D. Meetings/Light Refreshments. The RECIPIENT may spend up to $100 per meeting for light refreshments associated with this project. The total amount spent for light refreshments under this agreement cannot exceed $500. E. Minority and Women's Business Participation. The Office of Minority and Women Owned Business Enterprises (OMWBE) has established voluntary goals for the participation of minority- and women -owned business in procurements made with DEPARTMENT funds. In accordance with the provisions of I -200, no contract award or rejection shall be made based on the achievement or non - achievement of the goals. Achievement of the goal is encouraged; however, the RECIPIENT and all prospective bidders or persons submitting qualifications must take the affirmative steps set forth in the grant agreement in procurement. It is a state and national goal to expand opportunities for minority- and women -owned business enterprise. RECIPIENTS are therefore encouraged to use minority- and women -owned banks (as defined by OMWBE). 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 Atchitecture/Engineering Purchased Goods Purchased Services Professional Services 10% MBE 6% WBE 10% MBE 6% WBE 8% MBE 4% WBE 10% MBE 4% WBE 10% MBE 4% WBE The RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this agreement: Page 9 of 11 City of Spokane Valley Phase II Implementation City of Spokane Valley Grant No. G0600363 1. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises ( OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce as appropriate. By signing this agreement, the RECIPIENT certifies that the above steps were, or will be followed. Any contractor engaged by the RECIPIENT under this agreement shall be required to follow the above five (5) 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: 1. Name and state OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub -and/or sub - subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. F. Progress ss Reports. The RECIPIENT shall prepare and submit progress reports to the DEPARTMENT's Financial Manager. Progress reports shall be submitted regardless of whether work is performed or not. Progress 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. The DEPARTMENT will not process payment requests until the corresponding progress reports have been received. At a minimum, progress reports must contain a comparison of actual accomplishments to the objectives established for the period, the reasons for the delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified in this agreement. PART VII. ALL WRITINGS CONTAINED HEREIN This agreement, the appended GENERAL TERMS AND CONDITIONS, the DEPARTMENT's current edition of Administrative Requirements for Recipients of Ecology Grants and Loans ( "Yellow Book'), and the Phase HMunicipal Stormwater Management Grants - Program Page 10 of 11 City of Spokane Valley Phase II Implementation City of Spokane Valley Grant No. G0600363 Guidelines FY 2006 contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth or incorporated by reference, herein. No subsequent modification(s) or amendment(s) of this agreement shall be of any force or effect unless signed by authorized representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the grant budget. The DEPARTMENT or RECIPIENT may change their respective staff contacts without the concurrence of either parry. IN WITNESS WHEREOF, the parties hereby execute this Grant: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY DAVID C. PEEL-KR DATE WATER QUALITY PROGRAM MANAGER APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL (Revised 8/17/05) CITY OF SPOKANE VALLEY � ���o� DAVE MERCIER DATE CITY MANAGER C RY RISKE DATE CITY ATTORNEY Page 11 of 11