T
DEPARTMENT OF
ECOLOGY
State of Washington
REMEDIAL ACTION GRANT AGREEMENT BETWEEN THE
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
AND
THE CITY OF
WENATCHEE
DEPARTMENT OF PARKS & RECREATION
Grant No. G1300046 Saddle Rock IPG City of Wenatchee
REMEDIAL ACTION GRANT AGREEMENT G1300046. BETWEEN THE
STATE OFWASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY WENATCHEE
Thisisabinding agreement entered into by and between thestate of Washington Department of
Ecology, hereinafter referred toastheDEPARTMENT, and the City ofWenatchee,hereinafter
referred to as theRECIPIENT, to carry out the activities described herein. RECIPIENT.ADDRESS
RECIPIENT REPRESENTATIVE
RECIPIENT CONTACT
RECIPIENT FINANCIAL CONTACT DEPARTMENT GRANT MANAGER DEPARTMENT TECHNICAL CONTACT FUNDING SOURCE
MAXIMUM ELIGIBLE COST STATE GRANT SHARE
RECIPIENT GRANT SHARE
MAXIMUM STATE
SHARE
PERCENT,FEDERAL TAX IDENTIFICATION NUMBER
T
EFFECTIVE DATE OF THE AGREEMENT
EXPIRATION DATE OF THE AGREEMENT
1350McKittrick
Wenatchee,WA 98801
Frank Kuntz, Mayor
DavidErickson,509-888-3280
DavidErickson,509-888-3280
, Lydia Lindwall,360-407-6067
John Means, 360-407-7188
Local Toxics Control Account (LTCA) $200,000 $200,000 $200,000 100% 91-6001291 August 1,2012 June 30,2013
Grant No. Gl300046 SaddleRockIPG City ofWenatchee
PART 1: SITE HISTORY
AND
BACKGROUNDSaddle Rock,located in SouthWenatchee,.isalocal landmark in the Wenatchee Valley and has been
a
popular
destination forhikers,bicyclists andhorseback riders for decades. In 1909, the City ofWenatchee proposedacquiring theproperty fora citypark. Severalmore attempts were made over
theyears to preserve the
area
forpublic recreationwithoutsuccess. In2011, theCity ofWenatcheecompletedthepurchaseoftheproperty with the assistance andsupport of the Chelan-Douglas Land
Trust (CDLT) and local citizens. TheCity ofWenatchee dedicatedtheproperty as the Saddle Rock
NaturalOpen Space onJuly 16,2011.
The 325 acre Saddle Rockproperty was previously owned by the
Washington
Department of NaturalResources (DNR) for over 100years. Based onDNR records,it received small mining lease
payments from 1891until 1989. In connection with due diligence, aPhase 1 Environmental
Assessment indicatedpossiblemining waste rock sites created during theDNR ownership and
arsenic concentrationsexceeding ModelToxics Control Act (MTCA) standards. Decades ofpublic use without oversight has also ledto severe erosion problems,pet waste issues and habitat
deterioration.
The DEPARTMENT conductedan initial investigation at the Saddle Rockproperty. During this
time,theDEPARTMENT collectedwaste rock samplesfromsixsites along with soilsamplesfrom surrounding areas to the compare the concentrationof metals inwaste rock tobackground
concentrations. Analysis indicated signi?cant arsenic in the indigenous materials andtwo additional
areas were identi?ed for further testing. The laboratory analysis of the materials con?rmed arsenic
V concentrationsexceeding theMTCA standards. Therewas an estimated4,295 yards ofwaste rock at
the six locations.
PART 2: SCOPE OF WORK
Thetasks(s) set forthbelow summarize the RECIPIENT’S activities tobeperformedunder this
agreement. Costs are limitedto those approvedby the DEPARTMENT in thecurrent budgetplan.
TheRECIPIENT shall complete all activities funded by thisagreement, including deliverables, by theexpirationdateof thisagreement, unless otherwise stated inthis agreement or approvedby the
DEPARTMENT inwriting.
The RECIPIENT shallsubmitallsampling datato the DEPARTMENT
in
bothprintedandelectronicformats in accordance withWAC 173-340-840(5) andtheDEPARTMENT’S Toxics Cleanup Program Policy 840: Data SubmittalRequirements. Monthly/Quarterly Progress Reports
must indicate if the RECIPIENT submitted sampling datatotheDEPARTMENT duringthat billing period. TheDEPARTMENT may withholdpayment if the RECIPIENT doesnot properly submit sampling data.
Some costs are conditionally eligible and/or require approvalby the DEPARTMENT’s grant manager prior topurchase. ItistheRECIPIENT’s responsibilityto understand ifcosts are eligibleand to
obtain
approvals priorto incurring costs whenrequired.Saddle Rock IPG City ofWenatchee
Any work performed or costs incurred prior to the effective date ofthis agreement shall beatthe soleexpense of theRECIPIENT. Legalcosts are not grant eligible.
TASK 1: REMEDIAL INVESTIGATION / FEASIBILITY STUDY
This task funds the RECIPIENT’S costs theDEPARTMENT deems -reasonableandnecessary to plan and perform the Remedial"Investigation/Feasibility Study(RI/FS)forthe Gold Knob Prospects
(Site), FSID 44269. This includes alldraft and ?nal plans andreports, including the development of
a Cleanup Action Plan andany interim actionsrequiredby theDEPARTMENT.
TheRECIPIENT willconduct ?eld investigations to screen areas of interest (AOI) forpotentialrisk
to human health or theenvironment,andtocollect thenecessary information toevaluate cleanup
action alternatives. The ?eld investigation will include,at minimum,an evaluation of metals and metal like substances in soil,static leachingtests (TCLP) of contaminated material,and survey of AOIS to determine volume of contaminated material. The ?eld investigations willhave asampleand analysis plan (SAP) developed according to WAC 173-340-820.
TASK 2:
PLANNING
AND COMMUNITY INVOLVEMENTThis task funds the RECIPIENTS activities neededto coordinate remedial investigations and
cleanupwith ?iture landuse planning and community involvement. This includes:
0 Review and consolidation ofpast plans developedby the community and
consider
environmental investigation information
for
current planning efforts for trailimprovements.0
Provide
an opportunity forpublic involvement inthe developmentof anintegrated plan forthe Saddle Rockproperty to build support and
educate
thepublicon the contamination issues and integration with siteplans. TheRECIPIENT willimplement the outreach throughcommunity openhouses,interviews with key stakeholders,and smallgroup meetings. 0 Conduct aregulatory reviewoflocalplans andcodesto outlinerequirementsandpotential
changes neededto promote sitedevelopment.
0 Develop an environmental review and permitting strategy for local, state and federal
regulations. This includes cultural resources review.
0 Conduct a sitesurvey toprovideinformation foruse inplanning, clean-up anddevelopment
Grant No.G1300046 Saddle Rock IPG City ofWenatchee
PART 3: FUND SOURCE AND BUDGET PLAN
I
The DEPARTMENT approves costs consistent with themost recently approvedbudgetplan. To
changehow funds
arelallocated
among thegrant tasks,theRECIPIENT mustsubmit
awrittenrequest to the
DEPARTMENT.
The DEPARTMENT must approve the revised budget plan inwriting. The DEPARTMENT incorporatesrevised and approved budget plans into this
agreement by letter amendment.
A. FUND SOURCE
Total Eligible Project Cost '
$200,000
Fund ‘Fund Share (%) Maximum Fund Amount
Local Toxics Control Account
(LTCA) 100% $200,000
Match Requirement
A
Match Share (%) Match Amount
Cash Match 0% 0 $0 B. BUDGET PLAN Project Tasks l. REMEDIAL INVESTIGATION / FEASIBILITY STUDY Estimated Maximum Fund Amount Estimated EligibleCost
$125,000 $125,000
2.PLANNING AND
COMMUNITY
INVOLVEMENT $75,000 $75,000Saddle Rock IPG City of Wenatchee
PART 4: BUDGET
CONDITIONS
A. Any work performed or costs incurred prior to the effective date
ofhthis
agreement willbe at the sole expense of the RECIPIENT. 'B. Overhead iseligibleat a rate of25 percent ofstaff salaries and bene?ts fortime devoted to tasks outlined in this agreement.
C. The DEPARTMENT requiresa formal amendment to increase or decrease state funding or to
change the scope of work of theagreement. TheRECIPIENT may submitanemail request to
thegrant manager for abudget revision or an expirationdate extension.
D. In-kind services are not eligible for match.
E. Payments to the RECIPIENT from the DEPARTMENT shall be made payable to The City of Wenatchee, Parks andRecreation, 1350McKittrick, Wenatchee,WA 98801.
PART 5: SPECIAL TERMS AND CONDITIONS A. BILLING
1. Unless otherwise approvedinwriting by theDEPARTMENT,theRECIPIENT shall submit
apayment request to theDEPARTMENT at least quarterly, butno more often than once per
month.
TheRECIPIENT shall submitpayment requests on State Voucher forms that include an
A-19, B2, andC2. TheRECIPIENT shall includea Progress Report forthe billing period,
and anupdated copy ofthe spending plan, ifchanges have occurred since the previous
spending planwas submitted.
The ?nal payment request shall includea Final Project Report.
TheRECIPIENT shallprovidethe Progress Report and Final Project Report on
DEPARTMENT providedformsunless otherwise approvedby the DEPARTMENT.
The budget planis organized bytask; therefore, theRECIPIENT shallitemize costs by task
on C2 form and summarize costs by task on the B2 form.
The RECIPIENT shall submitone copy of eachpayment request and
backup
documentationtothe DEPARTMENT’S grant manager, and one copy to theDEPARTMENT’S regional site
manager. Failureto submit
copies
to both thegrant manager and the sitemanager shallV
constitute
an
incompletesubmission. Thepayment request willnot be reviewed orprocessedGrant No. G1300046 Saddle Rock IPG City ofWenatchee
B. DOCUMENTATION
1. TheRECIPIENT shall include the supporting documentation for all expenses, including
RECIPIENT salary and bene?ts.
Supporting
documentation
includes contractor and subcontractor invoices andreceipts,accounting records,or any other form of record that
establishes
theappropriatenessof an expense.The DEPARTMENT may
request
additional documentation(including siteor activity logs for hours used) if needed to detennineifa cost willbeallowed.Supporting documentation shall be clear and legible
and
organized by task in the order itwas placedon the C2 by the RECIPIENT.RECIPIENT accounting proceduresshallinclude maintaining supporting documentation in a grant ?le. This includes cancelled checks, invoices, purchase receipts,payrollrecords,time and attendancerecords, contract award documents,and vouchers sent to the _
DEPARTMENT. The Recipient shall keep all supporting documentation for auditpurposes
forat leastthree years after agreement closeout.
-TheRECIPIENT shalluse the DEPARTMENT providedForm E,or an equivalent time sheet
approvedby the DEPARTMENT, to record staff hours being billed to the grant. Upon
request, the RECIPIENT
shall
providethese records tothe DEPARTMENT.C. OTHER SPECIAL TERMS
1. STATE-WIDE VENDOR
REGISTRATION
Payment to RECIPIENT willbe issued through Washington State’s Department of Enterprise
Services (DES). DES maintainsa centralvendor filefor Washington state agency use to
process vendor payments. Thisallows vendors to receive payments from allparticipating state
agencies. RECIPIENTS must register as astate-widevendor(SWV)by submitting astate-wide vendor registration form and an IRS W-9 form
http://www.ofm.wa.gov/isd/vendors/payeeregistration.doc to DES. Ifyou have questions
about thevendorregistration process you can contact DESat thePayee HelpDeskat (360) 664-7779 or email to payeehelpdesk@ofm.wa.gov.
-2.
3.
TRAINING
TheRECIPIENT agrees to participate inany DEPARTMENT recommendedor required
trainings to manage agreements andprepare, process, and receive payments or submit sampling datato theEnvironmental Information Management (EIM)system.
MINORITY AND
WOMEN’S
BUSINESS PARTICIPATIONThe RECIPIENT agrees to solicit andrecruit,to theextent possible,certi?ed minority-owned
(MBE) andwomen-owned (WBE)businesses inpurchasesandcontracts initiated after the effective date of this agreement. '
Saddle Rock IPG
'
City of Wenatchee
Contract awardsor rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however,and theRECIPIENT and allprospectivebidders or persons
submitting quali?cations should take the following steps, whenpossible, inany procurement
initiated after theeffective date of thisagreement: I
a) Include quali?ed minority and women's businesses on solicitation lists.
b) Assure thatquali?ed minority and women's businesses are solicited whenever they are potential
sources
ofservices or supplies.c) Dividethe totalrequirements, wheneconomically feasible,into smaller tasksor quantities,to permitmaximumparticipationbyquali?ed minority and women's businesses.
d) Establish delivery schedules,where workrequirements permit,which
will
encourage participationofquali?ed minority and women's businesses.e)
/Use
theservices
and assistance of the State Of?ce of Minority andWomen's
Business Enterprises (OMWBE) and the Of?ce of Minority Business EnterprisesoftheU.S.Department of Commerce, as appropriate.
f) TheRECIPIENT should report payments madeto quali?ed ?rmsto the DEPARTMENT at
the time ofsubmitting each invoice. Please
include
thefollowing information on theDEPARTMENT provided fonn (FormD):
i. Name andstate OMWBE
certi?cation
number (if available) ofany quali?ed ?rmreceiving funds under theinvoice,including any sub-and/or sub—subcontractors.
ii. The total dollaramount paidto quali?ed ?rms under this invoice.
4. PROCUREMENT AND CONTRACTS
a) The RECIPIENT certi?es that itwillfollow itsstandardprocurement
procedures
and/orapplicablestate law in awarding contracts; RECIPIENTS withno formal procurement
procedures must certify that theyhave compliedwith the "Standards for Competitive
Solicitation,"foundinthe Administrative Requirements
for
Ecology Grants and Loans, Ecology Publication#91-18 (Revised September 2005).b) Upon issuance,theRECIPIENT shall submitacopy of allrequests forquali?cations (RFQs), requests forproposals(RFPS), and bid documents relatingto this grantagreement to the
DEPARTMENT’S technical contact.
c) Prior to contract execution,the RECIPIENT shall submitall draft documents andacopy of the draftproposedcontract to the DEPARTMENT’S sitemanager forreview and approval. Following the contract execution,theRECIPIENT shall submit a copy of the ?nal contract to
Grant No.
Gl300046
Saddle Rock IPG City of Wenatchee5.
b).
USE OF EXISTING CONTRACTS
TheRECIPIENT may use existing contracts thatconform to adoptedprocurement
proceduresandapplicablestate laws. TheRECIPIENT shallnotify theDEPARTMENT if it
usedcontracts entered intopriorto the execution ofthegrant agreement for performance of grant-fundedactivities. TheRECIPIENT shall submita copy ofthecontract to the
DEPARTMENT’S sitemanager andgrant manager. The grant eligibility ofproductsor
services secured by the RECIPIENT under
existing
contracts usedtoperform the scopeofwork inthis agreement must be deemedallowable andreasonablebythe DEPARTMENT
priorto cost reimbursement.
FAILURE TO
COMMENCE
AND
SUSTAIN WORKIntheevent the RECIPIENT failsto commence work on theproject funded herein within six
(6)months after the effective date of thisgrant, or failsto sustain work in accordance with the work schedule establishedin the orderor decree,the DEPARTMENT reserves the right
to terminate this grant.
GRANT & PROJECT REPORTING
Progress Reports: Progress reports are due at least quarterly. The RECIPIENT shall submit
progress reports to the DEPARTMENT witheachpayment request, andno less frequently than quarterly, even ifapayment request isnot submitted. These reports shall be in
accordance with theDEPARTMENT-approved reporting
format
as indicated in the Remedial Action Grant Guidelines, Publication #10-07-012 (Revised2010),AppendixC. TheDEPARTMENT shallnot approve payments without the requiredprogress reports.
Spending Plans: TheRECIPIENT shall complete andsubmittothe DEPARTMENT a
spendingplanprojecting quarterly expendituresforthe project time period ifrequestedby theDEPARTMENT. The RECIPIENT shallupdatethe spendingplanasneeded throughout theterm of theagreement whenrequested.
Ten-Year Project Forecast: TheRECIPIENT shall submita 10-yearbudget forecast to the DEPARTMENT for theprojectandprovide updatesas appropriateor requestedbythe DEPARTMENT.
FinalProject Report: additiontotheprogress report that identifiesthe work performed during the last billingperiod,the ?nal payment request shallinclude acopy of the ?nal project report. Thisreport summarizes the -project goals, purpose ofthe actions conducted,
andoutcomes of the project.
Progress report, ?nal project report, and spending planforms can be found on the
DEPARTMENT’S websiteathttp://www.ecy.wa.gov/programs/swfa/grants/rag.html,and in the Remedial Action Grant Guidelines, Ecology
Publication
#10-07-012 (Revised 2010). Sampling data: TheRECIPIENT
shall submit all samplingdata
to the DEPARTMENT in both printedand electronic formats in accordance withWAC 173-340-840(5) andthe ,DEPARTMENT’S Toxics Cleanup Program Policy 840: Data Submittal Requirements. Monthly/QuarterlyProgress Reportsmust indicate if theRECIPIENT submitted sampling datato the DEPARTMENT during that billingperiod.The DEPARTMENT may withhold
Grant No. G1300046 Saddle RockIPG
City of Wenatchee
8.
10.
11.
ALL WRITINGS CONTAINED HEREIN
Thisagreement, includingthe appended “General Terms andConditions,”the latest
approvedbudgetplan, and the DEPARTMENT’S Administrative Requirements
for
EcologyGrants andLoans, Ecology
Publication
#91-18 (Revised September 2005), contains the entire understanding between theparties, and thereare no other understandings orrepresentations except as those set forth orincorporatedby reference herein. No subsequent
modi?cation(s) or amendment(s) of thisgrant agreement shall be ofany force or effectunless
inwriting, signed byauthorized representatives ofthe RECIPIENT and DEPARTMENT and made part of this agreement; EXCEPT a letterof amendment willsuf?ce to extend the
periodofperformance as set forthin the grant agreement. The DEPARTMENT’S grant manager may approve, by letteramendment,arevised budget plan.
ARCHEOLOGICAL AND CULTURAL RESOURCES
TheRECIPIENT shall take reasonable action to avoid, minimize,ormitigate adverse effects to the archeologicalor culturalresources. RECIPIENT shall immediately cease work and notify the DEPARTMENT ifany archeological or culturalresources are found while conducting work under thisagreement. Inthe event thathistoricalor cultural artifacts are
discovered at the project site,theRECIPIENT shall also notify the state historic preservation
of?cer at the Department of Archaeology andHistoricPreservation at (360) 586-3065.
Applicability of the National Historic Preservation Act (NHPA) may require theRECIPIENT to obtainapermitpursuant to Chapter
27.53
RCW priorto conducting on-site activity with thepotentialto impacthistoric properties(such as invasive sampling, dredging, or cleanupactions).
PRECEDENCE
In the event of inconsistency in thisagreement, the inconsistency shall beresolvedby giving
precedence inthe following order: (a)applicable federaland state statutes and regulations;
(b)ScopeofWork andmost current approvedbudgetplan; (c)SpecialTerms and Conditions; ((1)RemedialActionGrant Program Guidelines (e) any terms incorporated
herein byreference including the Administrative Requirements
for
Ecology Grants and Loans, Ecology Publication#91-18 (Revised September 2005); and (i) the General Terms and Conditions (SS-010 Rev. 05/02).Eg
QUIPMENT
ACQUISITION,USE MANAGEMENT, AND DISPOSITIONEquipment Acquisition: TheRECIPIENT may purchase
equipment
neededto accomplishI
the
scope
of work inthegrant agreement, the cleanupordersor consent decrees. The RECIPIENT must obtain written approvalfrom the grant manager to purchaseequipment priorto billingcosts to thegrant agreement. TheRECIPIENT is responsible for any costs the grant manager doesnot approve. Generally, thegrant manager willneed the following information to evaluaterequests topurchase equipment:
1. Descriptionoftheequipment,including identi?cation of operationand maintenance items that are tobegrant funded (such as insurance, repairs, fuel,etc.)
Grant No. G1300046 SaddleRock IPG City ofWenatchee
3. Total Cost, including estimate ofoperationand
maintenance
costs.4. Useful life—expectancyof theequipment.
Equipment Use: During the effective dates of the agreement andany amendments thereto, equipmentpurchased withgrant fundsmust beused to accomplishactivities funded by the
agreement. Itmay beusedfor activities not funded by theagreement as long as thatuse does
not interfere with work on the
originally
authorized projects.The RECIPIENT may not use theequipmentto provideservices fora feeto compete unfairly '
withprivate companies providingequivalent "services,unless speci?cally permittedby
statute. A
'
TheRECIPIENT agrees to make equipmentpurchasedwith grant funds available foruse by the DEPARTMENT as long as that use doesnot interfere with work on the originally
authorized projects.
Equipment Management: TheRECIPIENT agrees to maintain andmanage the
equipment
properly to optimizeitslife span. TheRECIPIENT must havein placesome
form ofinventory controlsystem that includes aphysicalinventory todocument where theequipment
is being used,and amaintenance recordthat insures the equipment is being keptin good working condition.
At least once every two years, the RECIPIENT must takephysical inventory ofthe
equipmentand reconcile the results withtheirproperty records.Thismust continue until ?nal
dispositionhas been made.
The
inventory records must be maintained foraudit purposes consistent with other grant records. (Yellow Book,Ecology Publication #91-18, RevisedSeptember2005)
Equipment records include: 1.
Description
oftheequipment.2. A serialor otheridentifying number; (VIN,manufacturer’s, RECIPIENT inventory
tracking, or other identifying number). The source ofthe equipment(vendorname).
Thename of the titleholder.
Purchasedate andprice.
Thepercentage ofthepurchase price
paid
by Ecology. Thelocation anduse ofthe equipment.Condition and maintenance records.
.\°?°.\‘S3‘.U‘:'>P°
Final disposition data,including date ofdispositionand sale price
obtained
ifapplicable.Equipment Disposition: Whentheagreement expiresor theequipmentisno longer needed
forthe originally authorizedpurpose (whichever comes ?rst), theRECIPIENT may dispose
ofany purchased equipmentas follows.
Saddle Rock IPG City of Wenatchee
1. TheRECIPIENT may retain theequipmentwithno ?irther compensationtothe
DEPARTMENT if:
a) The equipmentis needed for continued operation, maintenance,ormonitoring ofthe
project or other projects administered through the DEPARTMENT.
b) Theequipmentis needed fora project that iscompatible withthe originally intended
use.
2. If theRECIPIENT hasno further use for theequipmentforthe originalor comparable projects, they may retain-or sell theequipmentandpay theDEPARTMENT anamount equaltotheDEPARTMENT’S share of thecurrent fair market value,saleproceeds, or
other price agreed upon by the grant manager. If theRECIPIENT elects to sell the
equipment,theRECIPIENT isto use sales procedures ensuring the highestpossible
return. '
Thegrant manager may instruct theRECIPIENT to transfer title tothe DEPARTMENT
or to athirdparty named by the DEPARTMENT who
is
eligible under existing statutes. Inthiscase, theRECIPIENT will be compensatedintheamount equalto its share of thecurrent fairmarket value of the equipment, or otherpriceagreed upon by the
RECIPIENT.
GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of
The Department of Ecology
RECIPIENT PERFORMANCE
All activities for
which
grant/loan funds are to be used shall beaccomplished
by theRECIPIENT andRECIPIENT's employees. TheRECIPIENT shall onlyuse
contractor/consultant assistance if that has been included in the agreement’s ?nal scope of
work and budget.
SUBGRANTEEI CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees andcontractors complywith theterms and
conditions ofthis agreement.
THIRD PARTY BENEFICIARY
TheRECIPIENT shallensure that in
all
subcontracts entered into by theRECIPIENT pursuant to thisagreement, the state of Washington is namedas an expressthird
partybene?ciary of such subcontracts with full rights as such.
CONTRACTING FOR SERVICES (BIDDING)
Contracts forconstruction, purchaseof equipmentandprofessional architectural and
engineering services shall be awarded through a competitiveprocess, ifrequiredbyState
Grant No. G1300046 Saddle Rock IPG City ofWenatchee
law. RECIPIENT shall retain copies of all bids received andcontracts awarded,for inspectionanduse by the DEPARTMENT.
E. ASSIGNMENTS.
No right orclaimofthe RECIPIENT arising under this agreement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL
LAWS
1. TheRECIPIENT shall comply fully with allapplicable Federal,State and local laws, orders,regulations andpermits.
Prior to commencement of any construction,the RECIPIENT shallsecure thenecessary approvalsandpermits requiredby authoritieshavingjurisdiction over the project, provide
assurance to theDEPARTMENT thatall approvalsandpermitshave been secured,and make
copiesavailable to the DEPARTMENT
upon
request."
2. Discrimination. The DEPARTMENT and the RECIPIENT agreeto be bound by all Federal andStatelaws,regulations, andpoliciesagainst discrimination. The RECIPIENT
further agrees to af?rrnatively support theprogram ofthe Of?ce ofMinority andWomen's
Business Enterprisestothe maximumextent possible.If the agreement isfederally-funded, theRECIPIENT shallreport to the DEPARTMENT thepercent ofgrant/loan funds available
to women orminority ownedbusinesses.
3. Wages And Job Safety. TheRECIPIENT agrees to comply with allapplicable laws,
regulations, andpoliciesofthe United States andthe State of Washington which affect wages
and job safety.
4. Industrial Insurance. The RECIPIENT certi?es fullcompliancewith allapplicablestate \
industrial insurance requirements. If the RECIPIENT fails to complywith such laws, the
DEPARTMENT
shall have the rightto immediately terminatethis
agreement for cause as providedin Section K.1, herein.G.
KICKBACKSThe RECIPIENT isprohibitedfrom inducing byany means any person employed or
otherwise involved in thisprojectto giveup any part of thecompensationto which he/sheis otherwise entitledor, receive any fee, commission or gift inreturn foraward ofa subcontract hereunder.
H. AUDITS AND INSPECTIONS’
1. TheRECIPIENT
shall
maintain completeprogram and ?nancial records relating tothisagreement. Such records shall clearly indicate total receipts and
expenditures
by fund sourceand task or object.
All grant/loan records shall be kept ina manner whichprovides
an
audittrail forall
expenditures. All records shall be kept inacommon ?le to facilitate audits andinspections.
Engineering documentation and ?eld inspectionreports ofall construction work
Saddle Rock IPG City of Wenatchee
2. All grant/loan records shall be open forauditor inspectionby theDEPARTMENT or by
any duly authorized audit representative oftheState ofWashington for aperiod of atleast three years afterthe ?nal grant payment/ loanrepayment or any disputeresolution hereunder.
Ifany such audits identify discrepanciesin the ?nancial records, theRECIPIENTshall
provideclari?cation and/or make adjustments
accordingly.
3. Allwork performed under this agreement andany equipment purchased, shall be made available to the DEPARTMENT andto any authorized state, federal or local representative forinspectionat any time during the course ofthis agreement and foratleast three years
following grant/loan termination or disputeresolution hereunder.
4. RECIPIENT shallmeet theprovisionsin OMB Circular A 133 (Audits of States, Local Governments & Non Pro?t Organizations), includingthecomplianceSupplementto OMB
. Circular A-133, if theRECIPIENT expends$500,000 or more in ayear in Federal funds. The $500,000 threshold for eachyear isa
cumulative
total of all federal fundingfromallsources. The RECIPIENT must forward acopy ofthe audit along with the"RECIPIENT’S response and the ?nal corrective actionplanto the DEPARTMENT within ninety (90) days ofthe dateof the auditreport.
I. PERFORMANCE REPORTING
The RECIPIENT shall submitprogress
reports
to theDEPARTMENT with eachpayment request orsuchother
scheduleas set forthinthe Special Conditions. The RECIPIENT shall0
alsoreport in writingto the DEPARTMENT anyproblems, delaysor adverse conditions which willmaterially affect their abilitytomeet project objectives or time schedules. This "
disclosure shall be accompanied by a statement ofthe action taken orproposed andany
assistance needed from the DEPARTMENT to resolve the situation. Payments may be
withheldifrequiredprogress reports are not submitted.
Quarterly
reportsshall
cover theperiodsJanuary 1 throughMarch
31,April 1throughJune30, July 1 through September 30, and October 1through December 31. Reports shall be due within thirty (30) days following the endofthe quarter being reported.
J. COMPENSATION
1. Method ofcompensation. Payment shall normally be made on
a
reimbursable basis as speci?ed inthegrant agreement andno more often than once per month. Each request for payment willbe submitted by theRECIPIENT on Statevoucher request forms providedby theDEPARTMENT along with documentation ofthe expenses. Payments shall be made foreachtask/phaseof the project, or portion thereof,as set out inthe ScopeofWork when
completedby theRECIPIENT and approved as satisfactory by the Project Of?cer.
Thepayment request form andsupportivedocuments must
itemize
all allowable costs by major elements as described in the Scope of Work. Instructions for submitting thepayment requests arefound
in "Administrative Requirements forEcology Grants and Loans“,part IV,publishedby theDEPARTMENT. A copy ofthis document shall be furnished tothe
RECIPIENT. When payment requests are approvedby theDEPARTMENT, payments will
be
made
to the mutually agreed upon designee. 'Payment requests shall be submittedto theDEPARTMENT and directedto the Project
Of?cer
assignedto administer this agreement.Grant No.G1300046 SaddleRockIPG City ofWenatchee
2. Period of Compensation. Paymentsshall only be made for actionsofthe RECIPIENT
V
pursuant to the grant/loan agreement and performed after the effectivedate and prior to the
expirationdateofthis agreement-, unless those dates are speci?cally modi?ed in writing as providedherein.
3. Final Request(s) for Payment. The RECIPIENT should submit ?nal requests for compensationwithin forty-?ve(45) days after the expirationdate ofthis agreement and
within?fteen (15) daysafter the end ofa?scal biennium. Failureto complymay result in delayed reimbursement.
4. Performance Guarantee. The
DEPARTMENT
may withhold an amount not to exceedtenpercent (10%) of each reimbursement payment as security for theRECIPIENT's
performance. Monies withheldby the DEPARTMENT may bepaidto the RECIPIENT when theproject(s) described herein,or aportion thereof,have been completed if,inthe
DEPARTMENT's sole
discretion,
suchpayment is reasonable andapproved accordingto thisagreement and,as appropriate,upon completionofan auditas speci?ed under sectionJ.6.
herein.
5. Unauthorized Expenditures. Allpayments to theRECIPIENT may be subjectto ?nal audit by the DEPARTMENT andany unauthorized expenditure(s)chargedto this grant/loan shall be refunded to the
DEPARTMENT
by theRECIPIENT.6. Mileage andPer Diem. If mileage and per diemare paid to the employees of the RECIPIENT or otherpublic entities,it shallnot exceedtheamount allowed understate law forstate employees.
7. OverheadCosts. No reimbursement for overheadcosts shall be allowedunlessprovided
forinthe Scope ofWork hereunder.
K.
TERMINATION
1. For Cause. Theobligation ofthe DEPARTMENT to theRECIPIENT is contingent upon satisfactory performancebytheRECIPIENT of all of its obligations
under
this agreement. Intheevent the RECIPIENT unjusti?ably fails, in theopinionof the DEPARTMENT, toperform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate thisagreement by giving written notice of termination.
'
A written noticeoftermination shall be given at least?ve working dayspriorto the effective.
date oftermination. Inthat event, all?nished or un?nished documents,datastudies,surveys,
drawings,maps, models,photographs, andreports or
other
materialspreparedby the RECIPIENT underthis agreement, at theoptionofthe DEPARTMENT, shall become Department property andthe
RECIPIENT shallbe entitledtoreceive just and equitable compensationfor any satisfactory work completedon such documents and other materials.Despitethe above,the RECIPIENT shallnot berelieved ofany liability tothe DEPARTMENT for damages sustainedbythe DEPARTMENT and/orthe State of
Washington because ofany breach of agreement by theRECIPIENT. The DEPARTMENT
may withholdpayments for the purpose of setoff until such timeas theexact amount of
damages due the DEPARTMENT fromtheRECIPIENT isdetermined.
SaddleRockIPG
City of Wenatchee
2. Insuf?cient Funds. The obligation ofthe DEPARTMENT to makepayments is
contingent on the availability ofstate andfederal funds through legislative appropriation
and
state allotment. When this agreement crosses over state ?scal years the obligation of the DEPARTMENT is contingentupon theappropriationof funds during thenext ?scal year.
The failure to appropriateorallot suchfundsshall be goodcause to terminate thisagreement as provided inparagraph K.1 above.
When this agreement crosses theRECIPIENT's ?scal year, the obligation of theRECIPIENT to continueor completetheproject described herein shall be contingentupon appropriation of funds by the RECIPIENT's governing body; Provided, however,thatnothingcontained
*"herein shallprecludetheDEPARTMENT from demanding repayment of ALL funds paid to
theRECIPIENT inaccordance with Section 0 herein.
3. Failure to Commence Work. Inthe event theRECIPIENT failsto commence work on
the project funded herein within four months after the effective date ofthis agreement, orby
any date mutually agreedupon inwriting for commencement ofwork,the DEPARTMENT
reserves the right to terminate this agreement.
L. WAIVER
Waiver ofany RECIPIENT default isnot awaiver ofany subsequentdefault. Waiver of a
breach ofanyprovision ofthisagreement isnot awaiver of any subsequentbreach andwill not be construed as a modi?cation of theterms ofthis agreement unless stated as such in writing by the authorized representativeoftheDEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights andPatents. When the RECIPIENT creates any copyrightable materials or
invents any patentableproperty, theRECIPIENT may copyright or patent thesame but the DEPARTMENT retains aroyalty free, nonexclusive and irrevocable license to reproduce, publish,recover or otherwise
use
the material(s) or property and toauthorize othersto use thesame for federal, state
or
localgovernment purposes.Where federal funding isinvolved,the federal government may have aproprietary interest in patent rightsto any
inventions
that are developedby theRECIPIENT asprovidedin 35 U.S.C. 200-212.2. Publications. When the RECIPIENT or persons employedby theRECIPIENT use or publish information ofthe DEPARTMENT; present papers, lectures,or seminars involving
information suppliedby the DEPARTMENT; use logos,reports, maps orotherdata,in
printedreports, signs,brochures, pamphlets, etc., appropriatecredit shallbe given to the
DEPARTMENT.
3. Tangible Property Rights. TheDEPARTMENT‘s current edition of "Administrative Requirementsfor Ecology Grants and Loans", Part V, shall control theuse and dispositionof
all real and personalproperty purchasedwholly orinpart with ?inds furnished by the DEPARTMENT inthe absence ofstate, federal statute(s), regulation(s), orpolicy(s) to the
contrary or upon speci?c instructions withrespect thereto in the Scope of Work. 4. Personal Property Furnished by theDEPARTMENT. When the DEPARTMENT
provides personalproperty directly to the RECIPIENT foruse in performance ofthe project,
Grant No. Gl300046 Saddle Rock IPG City ofWenatchee
it shall be returned
to
the DEPARTMENT priorto ?nal payment by theDEPARTMENT. If saidproperty islost,stolenor damagedwhile intheRECIPIENT'S possession,theDEPARTMENT
shall
bereimbursed in cashorby setoff by the RECIPIENT for thefairmarket value of suchproperty. ‘
5. AcquisitionProjects. The followingprovisions shallapply if the project coveredby this
agreement includes?mds for the acquisitionof land or facilities:
a. Priorto disbursement of fundsprovidedforin this agreement, theRECIPIENT shall establish that thecost ofland/or facilities isfairandreasonable.
b. The RECIPIENT shallprovidesatisfactory evidence oftitle or ability to acquire
title foreachparcelprior to disbursement offunds providedby this agreement. Such evidence may include title insurance policies,Torrens certi?cates, or abstracts, and
attomey’sopinions establishingthatthe land is free from any impediment, lien,or claim whichwould impairtheuses contemplatedby
this
agreement.6. Conversions. Regardless of the contract terminationdate shown on thecover sheet,the
RECIPIENT shallnot at any timeconvert any equipment,property or facilityacquiredor
developed pursuant to this agreement to uses other than thoseforwhich assistancewas
originally approvedwithout priorwritten approval of the DEPARTMENT. Suchapproval may be conditionedupon payment to the DEPARTMENT ofthatportionofthe proceeds of
the sale,lease or other conversionor encumbrancewhich monies grantedpursuant to this
agreement bearto the totalacquisition, purchaseor construction costs of suchproperty.
N. SUSTAINABLE PRODUCTS
Inorder to sustainWashington’s naturalresources andecosystems, the
RECIPIENT
is encouraged to implement sustainable practiceswhere and whenpossible. These practicesincludeuse of cleanenergy, andpurchase anduse of sustainably producedproducts (e.g. recycled paper). For more information,see
www.ecy.wa.gov/sustainability..
0. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the
RECIPIENT
to retain monies paidto itas reimbursement payments is contingent upon satisfactory performance ofthis agreement including thesatisfactorycompletion oftheproject described in the Scope ofWork. Intheevent theRECIPIENT fails,
for any reason, toperform obligations requiredof it by this agreement, the RECIPIENT may, at the DEPARTMENT'S solediscretion,be requiredto repay to the DEPARTMENT all
grant/loan funds disbursedto the
RECIPIENT
forthoseparts ofthe projectthat are rendered worthless in theopinionofthe DEPARTMENT by suchfailure to perform.Interest shallaccrue attherate oftwelvepercent (12%) per year from the time the
DEPARTMENT demandsrepayment of funds. Ifpayments have been discontinued by the
DEPARTMENT dueto insufficient funds as inSection K.2 above,theRECIPIENT shallnot
A
be obligated to repay monies which had beenpaidto theRECIPIENT priorto such termination. Any property acquiredunder this agreement, at the option of the
DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repaymonies shall be reduced by an amount re?ecting the
fair
value of suchproperty.
Saddle Rock IPG City of Wenatchee
P. PROJECT APPROVAL
Theextent and characterofall work and servicesto be performed under this agreement by theRECIPIENT shall be subjecttothe review and approvalofthe DEPARTMENT through the Project Of?cer or other designated of?cial to whom theRECIPIENT shallreport andbe responsible. Intheevent there isa disputewith
regard
to the extent and character ofthe worktobedone,thedeterminationofthe Project Of?cer or otherdesignated of?cial as to theextent and
character
ofthe work tobe done shallgovern. TheRECIPIENT shall have thei M
rightto appeal decisionsas providedforbelow.
I DISPUTES
Except as otherwiseprovidedin thisagreement, any disputeconcerning a questionof fact arising under thisagreement which isnot disposedofinwriting shall bedecidedby the Project Of?cer orother designated of?cial whoshallprovideawritten statement of decision
to
theRECIPIENT. Thedecisionofthe Project Of?cer or other designated of?cial shall be ?nal and conclusive unless,within thirty days from the date ofreceiptofsuch statement, theRECIPIENT mails or otherwise furnishes tothe Director of theDEPARTMENT awritten
appeal.
Inconnection with appealof any proceeding under thisclause,theRECIPIENT shall have the opportunity tobe heard andto offer evidence insupport ofthis appeal. The decision of the Director orduly authorized representative forthe determination of suchappealsshall be ?nal and conclusive. Appealsfrom the Director's determination shall be brought inthe SuperiorCourt of ThurstonCounty. Review of thedecisionof theDirectorwillnot be soughtbefore either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending ?nal decision of dispute hereunder,theRECIPIENT shall proceed diligently with '
the performance ofthis agreement and in accordance with the decision rendered.
I
CONFLICTINTEREST
No of?cer, member,agent,
or
employee ofeitherparty to thisagreement whoexercises any function or responsibility in thereview, approval, or carryingout of thisagreement, shallparticipate inany decisionwhichaffects his/her personalinterestor the interest of any corporation, partnershipor association inwhich he/she is,directly or indirectlyinterested; nor shall he/she have any personal or pecuniary interest,direct or indirect, inthisagreement or theproceedsthereof.
INDEMNIFICATION
1. The DEPARTMENT shallinno way be held responsibleforpayment ofsalaries,
consultant's fees, and othercosts related tothe project describedherein,except as provided in
the
Scope ofWork.
2. To the extent that the Constitution and laws of the State ofWashington permit, eachparty
shallindemnify and hold the other harmless from and againstany liability for any orall '
injuriesto persons or property arising from the negligent act or omission of thatparty or that
party's agents or employees arising out ofthis agreement.
GrantNo. G1300046 Saddle Rock IPG City of
Wenatchee
T. GOVERNING LAW
This agreement shallbegovernedby the lawsofthe State ofWashington.
SEVERABILITY
Ifany provision of this agreement or any provisionof any documentincorporatedby
reference shallbeheld invalid,such invalidity shallnot affect the other provisions ofthis
agreement whichcan be given effect Withoutthe invalid provision, andto this end the
provisions ofthis agreement are declaredto be severable.
PRECEDENCE
Inthe event ofinconsistency in this agreement, unless otherwiseprovided herein,the inconsistency shall be resolvedby givingprecedence inthefollowing order: (a)applicable Federaland State statutes and regulations; (b) Scope ofWork; (c) SpecialTerms and Conditions; (d) Any terms incorporatedherein by reference including the "Administrative Requirements forEcologyGrants and Loans“; and (e)the General Terms and Conditions.
SS-010 Rev. 04/04
IN WITNESS WHEREOF, thepartieshereby sign this Grant:
STATE WASHINGTON CITY OF
WENATCHEE
DEPARTMENT OFECOLOGY
Laurie G.Davies Date Program Manager
Waste 2 Resources
Mayor fWenatchee