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HomeMy WebLinkAbout121911_ca08 Department of Public Works o Consent Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request From: Board of Commissioners Phillip Morley, County Administrator Frank Gifford, Public Works Director .<;l~ To: Agenda Date: . December 19,2011 Subject: Agreement with Dept. of Ecology, Coordinated Prevention Grant No. G1200268 Statement of Issue: The Department of Ecology's Coordinated Prevention Grant (CPG) program provides financial assistance to counties to help implement solid waste management plans and programs. The program is authorized through the Model Toxics Control Act (Chapter 70.105D RCW). Analysis/Strategic Goals/Pro's 8: Con's: The Grant provides funding for the County's recycling program for the 2012-2013 biennium. A total of $54,207 in grant funds will be provided from the State with a local match of $18,069 provided through the approved 2012 Solid Waste budget. The project contributes to County Goal #3 by supporting sustainable resource utilization, and County Goal #9 by seeking non-local sources of revenue. The agreement must be signed and returned by January 20, 2012 or the grant offer may be withdrawn. Fiscal Impact/Cost Benefit Analysis: Applying this funding source to the County's recycling program will maximize the value of the grant by minimizing grant administration costs. Grant funds are expected to be exhausted in the second quarter of the grant cycle. Sufficient matching funds are included in the 2012 Solid Waste Budget. Department of Public Works o Consent Agenda Page 2 of 2 Recommendation: Public Works recommends that the BoCC approve and sign the Ecology CPG Agreement, Grant No.G1200268, and return to Public Works for final signature by the Dept. of Ecology. A signed original will be returned for BoCC files. Reviewed By: istrator ;dtrh; Date , PROCUREMENT CERTIFICATION FORM Recipient: JEFFERSON COUNTY PUBLIC WORKS Grant Name: COORDINATED PREVENTION GRANT Grant No.: G1200268 The undersigned, on behalf of the RECIPIENT, certifies that the RECIPIENT: (RECIPIENT check and complete one of the following) K will follow RECIPIENTs own adopted procurement procedures and applicable state law in procuring grant-related public works contracts, professional and personal services contracts, and purchase agreements. The procurement procedures were adopted ~ /, /.,2- (date) by g D e.C!... (adopting authority) and are recorded in o/?I). JI~. ~ - Of'pc::>1 - 9 ~ (document name). . having no applicable, adopted procurement procedures, will follow the Standards for Competitive Solicitation found in the Administrative Reauirements for Ecoloav Grants and Loans, WDOE 91-18 (Revised September 2005) (AKA the ''Yellow Book"), and applicable state laws in procuring grant-related public works contracts, professional and personal services contracts, and purchase agreements. AUTHORIZED SIGNATURE DATE ~ LEGAL COUNSEL SIG Ct-rlgf l::l\1IL 12.fA TITLE . . ~ COORDINATED PREVENTION GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY DEPARTMENT OF PUBUC WORKS Grant No.: G1200268 This is a binding agreement entered into by and between the state of Washington Department of Ecology, hereinafter referred to as ECOLOGY or DEPARTMENT, and Jefferson County Department of Public Works, hereinafter referred to as the RECIPIENT, to carry out the activities described herein. JURISDICTION: MAILING ADDRESS: CITY, STATE, ZIP: RECIPIENT GRANT COORDINATOR: TELEPHONE: FAX: E-MAIL: RECIPIENT BILLINGIlNVOICE COORDINATOR: . TELEPHONE: FAX: E-MAIL: ECOLOGY GRANT OFFICER: TELEPHONE: FAX: E-MAIL: FUNDING SOURCE MAXIMUM EUGffiLE COST STATE GRANT SHARE LOCAL SHARE STATE MAXIMUM GRANT PERCENT FEDERAL TAX IDENTIFICATION NO. EFFECTIVE DATE OF THE AGREEMENT EXPIRATION DATE OF THE AGREEMENT Jefferson Cnunty Department of Public Works 623 Sheridan St. Port Townsend, W A Al Cairns 360-385-9243 360-385-9123 acairns@cojefferson.waus AI Cairns 360-385-9243 360-385-9123 acairns@co.jefferson.wa.us Tami Ramsey 360-407-6612 360-407-6305 tami.ramsey@ecy.Wa.gov Local Toxies Control Account $72,276 $54,207 $18,069 75% 916001322 01-01-2012 06-30-2013 Grant No. G1200268 Jefferson County Department of Public Works Page 2 ofIS PART 1: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT'S activities to be performed under this agreement. Costs are limited to those approved by ECOLOGY as outlined in the scope of work and budget. The RECIPIENT must complete all deliverables by the expiration date of this agreement, including delivery of purchases, unless otherwise steted in the scope of work or approved by ECOLOGY in writing. Note: The term ''task'' as used in this agreement is interchangeable with the term "project" as used on the online Solid Waste Information Clearinghouse and "element" as used on payment request forms. The term "sub-recipient" as used in this agreement references the third party in a contract with RECIPIENT that performs any activity in a task's scope of work on behalf of the RECIPIENT. The "Maximum Eligible Cost" is the maximum amount of eligible costs incurred by a RECIPIENT that ECOLOGY can reimburse at a rate of 75 percent under this agreement. The RECIPIENT shall identify the work plan, deliverables, and activities by "Quarter". A quarter is defmed by calendar year and begins with the first three months of the grant period. The RECIPIENT may negotiate changes to the work plan directly with the ECOLOGY grant officer; no formal amendment is required to change the work plan. Both parties shall document mutually agreed changes in their grant file. As of January 1,2013, expenses covered under the implementation of the Mercury ContaInlng Lights Law (Chapter 70.275 RCW), will not be eligible for CPG reimbursement. Consult your grant officer for more information. CATEGORY: WRR 1. TASK TITLE: RECYCLING SERVICES Maximum Eligible Task Cost: $72.267 Task Description: The RECIPIENT will continue recycling services to county residents through an existing contract with Skookum Educational Services for collection. processing and marketing of recyclables as outlined in the contract. Reimbursement of costs incurred by contractors to implement CPG funded activities are subject to the same eligibility and reimbursement requirements as the RECIPIENT, and require grant officer approval. ECOLOGY has reviewed the contract between RECIPIENT and Skookum Educational Services, and identified the following costs the RECIPIENT may charge to this grant for reimbursement. . Contactor Lump Sum Payments for providing deliverables as outlined in the contract. o Payments are broken out by month over a 5 year contract starting April 2011 through March of 20 16 as follows: . $16,107 (month 1-12) . $16,502 (month 13-24) . $17,245 (month 25-36) . $17650 (month 37-48) . $18,440 (month 49-60) , . . 4 ~ , ~. Grant No. 01200268 Jefferson Connty Department of Public Works Page 3 of IS . Revenue 0, Lease payments from contractor for use of county owned equipment and or Fine payments received from contractor for non-performance shall be itemized as separate line items on the C2. o The expected revenue from recyclable materials was estimated to help determine a'fair monthly payment to the contractor for services. Actual revenue will be used by the contractor to offset direct costs incurred by the contractor and therefore wi11 not be itemized on the C2. The cost of this task far exceeds the budget of this grant agreement. RECIPIENT expects deplete the grant budget by July, 2012. No other activities or costs are Identified and reimburseble under this task. Goal Statement: The goal of this task is to provide opportunities for residents to recycle material that would otherwise be thrown in the trash. Outcome Statement: The RECIPIENT expects to collect 4,976 tons of recyclable material over the 18 month grant period, increasing the county's recycling rate by 5% from 20% to 25%. Work Plan, Dellverables and Aetlvitles Tbnellne: QI,Q2 Q3-6 Process recyclable materials Grant budget depleted, no charges to grant Method of Evaluatiou: The RECIPIENT will track total tons recycled and the Information to calculate a current recycling rate. PART 2: BUDGET .WRR I. RECYCLING SERVICES TOTAL MAXIMtJM ELIGffiLEC . Grant No. GI200268 Jefferson County Department of Public Works Page 4 of IS PART 3: BUDGET CONDITIONS A. ECOLOGY requires the RECIPIENT to provide a match of25 percent of the maximum eligible cost with cash or interlocal costs. Interlocal costs are the only type of in-kind contributions the RECIPIENT may use as match. B. If parties are contributing to the local share of task costs (match) through interlocal-in kind contributions, the RECIPIENT shall negotiate a memoranda of understanding or other written agreement confirming the contribution between the parties. These agreements shall specifY the exact work to be accomplished and be signed by all parties contributing to the local match of this task. Copies of these agreements shall be made part of the RECIPIENT'S grant file and submitted to ECOLOGY. C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spern on tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are eligible (excluding time spent to write a grant application). D. The RECIPIENT must submit a written request to ECOLOGY to amend budgets between grant tasks, to modifY a scope of work, or for a budget increase or decrease. To increase or decrease the agreement's total maximum eligible cost or change the scope of work for any tasks as outlined in this grant agreement, ECOLOGY requires a formal amendment. E. The RECIPIENT must provide ECOLOGY with an updated Spending Plan when requested by ECOLOGY. F. Any work performed or costs incurred prior to the effective date or after the expiration date of this agreement will be at the sole expense of the RECIPIENT. PART 4: SPECIAL TERMS AND CONDITIONS A. BILLING 1. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a payment request to ECOLOGY at least quarterly (by calendar year), but no more often than once per month. 2. The RECIPIENT must submit payment requests on approved State Invoice Voucher forms: A 19- lA, BIIB2, CIIC2. Until there is a change in agency policy, the recipient must submit an A-19 signed in blue ink by an authorized person. The B2 and C2 forms are acceptable in electronic format. The RECIPIENT must also include all backup documentation to support costs itemized on Form CI/C2. The budget is organized by task and therefore, the RECIPIENT shall itemize costs by task on Form CI/C2 and Form BIIB2. Forms BI and CI are used oniy when interlocal costs are used towards the 25% match. 3: Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the experises of that activity, as required by ECOLOGY'S Administrative Requirements for Recipients of Ecology Grants and Lo(frlS. Ecology Publication #91-18. Grant No. Gl200268 Jefferson County Department of Public Works Page 5 of 15 4. Payment to RECIPIENT will be issued through Washington State's Office ofEnterprise Services (DES). DES maintains a central vendor file for Washington state agency use to process vendor payments. This allows vendors to receive payments from all participating state agencies. RECIPIENTS must register as a state-wide vendor (SWV) by submitting a state-wide vendor registration form and an IRS W-9 form (www.ofm.wa,gov/isd/vendorsloavee registration.doc) to DES. If you have questions about the vendor registration process you can contact DES at the Payee Help Desk at (360) 664-7779 or email to o3veehelodeskralofm.wa.gov. B. REPORTING I. The RECIPIENT shall submit a progress report with each payment request but no less often than quarterly unless otherwise approved by ECOLOGY. These reports shalI include activities that support incurred costs shown on the C I or C2 of the payment request, and must be submitted on- line through the Solid Waste Information Clearinghouse. 2. RECIPIENT's must submit a final report of task outcomes through the Solid Waste Information Clearinghouse. The final report must be submitted before ECOLOGY can process a final payment request. a. Final Performance Analysis (FPA) reports are used for all Planning and Implementation tasks and special tasks in a solid waste enforcement grant (special tasks do not include regular solid waste enforcement work such as enforcing solid waste codes). b. For Solid Waste Enforcement tasks, recipients must submit their final quarterly solid waste enforcement progress report. C. DOCUMENTATION I. The RECIPIENT shall submit supporting documents with each payment request. This includes cancelled checks, invoices, purchase receipts, payroll records, time and attendance records, contract award documents, and any document deemed relevant by ECOLOGY to establish the approval of an expense itemized on Form CIIC2. Documentation shall be clear and legible and organized by task in the order in which it is itemized on Form CIIC2. 2. The RECIPIENT shalI maintain in a common file, grant related material and supporting documents including invoice vouchers sent to ECOLOGY. The Recipient shall keep all supporting documents for audit purposes for at least three years from the date the agreement is closed by ECOLOGY. 3. The RECIPIENT shall use the ECOLOGY provided Form E, or an equivalent time accounting document approved by ECOLOGY, to record staffhours being charged to the grant. D. TRAINING The RECIPIENT agrees to participate in any ECOLOGY recommended trainings related to managing a CPO agreement. Grant No. 01200268 Jefferson County Department of Public Works Page 6 ofl5 E. MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, 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. f) The RECIPIENT should report payments made to qualified firms to ECOLOGY at the time of submitting each invoice. Please include the following information on ECOLOGY provided form (Form D). g) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. h) The total dollar amount paid to qualified frrms under this invoice. F. PROCUREMENT AND CONTRACTS a) The RECIPIENT shall provide written certification that it will follow its standard procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS with no formal procurement procedures must certilY that they have complied with the "Standards for Competitive Solicitation, n found in Part V of the Administrative Requirements for Recipienrs of Ecology Grants and Loans - Yellow Book, Ecology Publication #91-18 (Revised September 2005). b) Upon issuance, the RECIPIENT shall submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to this grant agreement to ECOLOGY'S grant officer. c) Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy of the draft proposed contract to ECOLOGY'S grant officer for review. Following the contract execution, the RECIPIENT shall submit a copy of the fiual contract to ECOLOGY's assigned grant officer. Grant No. 01200268 Jefferson County Deparbnent of Public Works Page 7 of 15 d) Unless a specific purchase of equipment or real property is already written into the grant agreement, the RECIPIENT must submit a written request to ECOLOGY to purchase any equipment or real property (Property) with a single unit purchase price of$5,000 or more. The request shall include the justification for the purchase of the property, the total cost, the intended use, and the anticipated useful life of the property. The request must be approved in writing by ECOLOGY prior to the purchase. G. USE OF EXISTING CONTRACTS The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if it plans to use contracts entered into prior to the execution of the grant agreement for performance of grant-funded activities. The RECIPIENT shall submit a copy of the signed contract to its assigned ECOLOGY grant officer. The grant eligibility of products or services secured by the RECIPIENT under existing contracts used to perform the scope of work in this agreement must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement. H. PROPERTY AND EOUlPMENT MANAGEMENT AND DISPOSITION For equipment or property purchased with a cost of at least $5,000 per unit or functional system, the RECIPIENT must utilize an inventory control system, including physical inventory to document the ongoing use, a description of the item (including serial or vehicle identification number [VIN] when possible), and location. This information shall be submitted to ECOLOGY upon request until fmal disposition is made. The RECIPIENT shall investigate, document, and report to ECOLOGY any loss, theft or damage upon discovery of such conditions. The RECIPIENT will follow manufacturer recommended maintenance procedures to keep the property in good operating condition. The RECIPIENT shall submit a written request to the ECOLOGY for any intent to change the use of the equipment as outlined in this grant agreement, including uses past the expiration date of this agreement. Disposition of the equipment shall be determined by ECOLOGY and documented in writing. A copy of the determination will be provided to the RECIPIENT upon ECOLOGY's closure of the grant agreement unless already identified in the task's scope of work. o If the equipment is necessary for the continued opemtion of the project or other projects administered through ECOLOGY, the grant officer may instruct the recipient to retain the equipment with no further compensation to ECOLOGY. o If the project has no further significant use for the equipment, the grant officer may instruct the recipient to retain or sell the equipment and pay ECOLOGY an amount equal to ECOLOGY's share of the current fair market value, sale proceeds or other price agreed upon by the grant officer. o The grant officer may instruct the recipient to transfer title to ECOLOGY or to a third party named by ECOLOGY who is eligible under existing statutes. L ALL WRITINGS CONTAINED HEREIN This agreement, including the "General Terms and Conditions," Program Guidelines- Coordinated Prevention Grants 2012-2013, and ECOLOGY'S Administrative Requirementsfor Recipients of Ecology Grants and Loans, Ecology Publication #91-18, contain the entire understanding between the parties, and there are no other understandings or representations Grant No. G1200268 Jefferson County Department of Public Works Page 8 of IS except as those set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s) of this grant agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made part of this agreement~ J. ARCHEOLOGICAL AND CULTURAL RESOURCES The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to the archeological or cultural resources. RECIPIENT shall immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this agreement. In the event that historical or cultural artifacts are discovered at the project site, the RECIPIENT shall also notify the state historic preservation officer at the Department of Archaeology and Historic Preservation at (360) 586-3065. Applicability of the National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact historic properties (such as invasive sampling, dredging, or cleanup actions). K. ENVIRONMENTALLY PREFERRABLE PURCHASING In ajoint effort to save costs, produce energy savings and prevent waste, the RECIPIENT agrees to use both sides of paper sheets for copying and printing. The RECIPIENT also agrees to purchase paper products with a high level of post consumer recycled content whenever it is comparable in quality, availability and price. PART 5: GENERAL TERMS AND CONDITIONS A. RECIPIENT PERFORMANCE All activities for which grantlloan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's finaI scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees 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. " Grant No. Gl200268 Jefferson County Department of Public Works Page 9 of IS 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, Stale 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. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grantlloan 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 Stales and the State of Washington which affect wages andjob 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.l, 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 otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS I. 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 grantlloan 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 grantlloan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the Stale of Washington for a period of at least three years after the final grant paymentlloan repayment or any dispute resolution hereunder. If any such audits identifY discrepancies in the fmancial records, the RECIPIENT shall provide clarification andlor make adjustments accordingly. , Grant No. Gl200268 , Jefferson County Department of Public Works PagelOofl5 3. AIl 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 foIlowing grantlIoan 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 $500,000 or more in a year in Federal funds. The $500,000 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. I. 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 shaIl also report in writing to the DEPARTMENT any problems, delays or adverse conditions which wiIl 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 I through March 3 I, Aprill through June 30, July I through September 30, and October I through December 3 I. Reports shall be due within thirty (30) days foIlowing the end of the quarter being reported. J. COMPENSATION I. 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 wiIl be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shaIl 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 approved 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 Recipients of 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. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grantlIoan 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. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (IS) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. ,~ Grant No. G1200268 Jefferson County Department of Public Works Page 11 of 15 4. 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. 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 ofan audit as specified under section J.6 herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to fmal audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. 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. 7. 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 datermined. 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 offunds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.I 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 0 herein. Grant No. 01200268 Jefferson County Department of Public Works Page 12 of 15 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 satne 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 V.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, patnphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENTs current edition of" Administrative Requirements for Recipients of 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), orpolicy(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 datnaged 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 ofland or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of landlor facilities is fair and reasonable. . . t , . . Grant No. Gl200268 Jefferson County Department of Public Works Page 13 of 15 b. The RECIPIENT shall provide satisfactOl)' 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. 6. Conversions. Regardless of the contract tennination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acqulred 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 paymeut 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. SUSTAINABLE PRODUCTS In order to sustain Washington's natura1 resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more infonnation, see www.ecy.wa.gov/sustainability. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory perfonnance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the eveut the RECIPIENT fails, for any reason, to perfonn obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to'repay to the DEPARTMENT all grantlloan 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 perfonn. Interest shall accrue at the rare of twelve percent (12%) per year 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 tennination. Any property acquired under this agreement, at the aption 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 perfonned 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. Ii1 the event there is a dispute with regard to the extent and character of the work to be done, the detennination 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. Grant No. 01200268 Jefferson County Department of Public Works Page 14 of IS 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 uther 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 conclusive. Appeals from the Director's determiruttion shall be brought in the Superior Court of Thurston CountY. Review of the decision of the Director will not be sought before either the Polluti6n 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 hislher personal interest or the interest of any corporarion, 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 I. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and uther 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 Ifany 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. , : . t ;. . , Grant No. 01200268 Jefferson County Department of Public Works Page 15 of 15 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 Recipients of Ecology Grants .and Loans"; and (e) the General Terms and Conditions. IN WITNESS WHEREOF, the parties sign this Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS Laurie G. Davies Program Manager Waste 2 Resources Program Date John Austin, Chair Date Approved as 19 form only: J) . lZ.J~~/( Jefferson Co. Proseclltor'