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HomeMy WebLinkAboutDepartment of Ecology, State of Washington - Water Quality Stormwater Capacity Agreement (Agreement No. WQSWCAP-1921-Pasco-00041)Ila DEPARTMENT OF ..... ECOLOGY ..... State of Washington Agreement No. WQSWCAP-1921-Pasco-00041 WATER QUALITY STORMWATER CAPACITY AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF PASCO This is a binding Agreement entered into by and between the state of Was hington, Department of Ecology, hereinafter referred to as "ECOLOGY," and City of Pasco, hereinafter referred to as the "RECIPIENT," to carry out with the provided fund s activities described herein. GENERAL INFORMATION Project Title: 2019-2021 Biennial Storm water Capacity Grants Total Cos t: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of thi s Agreement is no later than: Project Type: Project Short Description: $50,000.00 $50.000.00 $50,000.00 $0.00 07/01 /2019 03 /31 /2021 Capacity Grant This project will assist Phas e I and II Permittees in implementation or manag ement of municipal stonnwater prog rams. Project Long Description: N I A Overall Goal: Thi s project will improve water quality in the State of Washington by reducing stormwater pollutants di scharged to state water bodies. 3\0Y S tale of Washington De part ment of Ecology Agree me nt No : WQ SWCA P-192 1-Pasco-0004 I Project Tit le: Recipient Na me : 20 I 9-202 I Bie nn ial Storm wa ter Capacity Gra nts C ity o f Pasco R EC IPIENT I N FORMAT ION Organi zation Name: Federa l Tax ID : DUNS N um ber : Mai ling Address: P hy s ical Address: O rgan izat ion Em a il: O rga n ization Fax: Contacts Te mplate Version I 0/30/2015 C ity of Pasco 9 1-600 1264 009974598 PO Box 293 Pasco, WA 99301 525 N T h ird Ave Pasco, Washington 9930 I fo rdd@ pasco -wa.go v (509) 543 -5728 Page 2 of21 State of Washington Dcpanment of Ecology Agreement No: WQSWCAP-I 921-Pasco-00041 Project Title : 2019-2021 Biennial Storm water Capacity Grants Recipient Name: City of Pasco Project Manager Billing Contact Authorized Signatory Templ ate Version I 0/30/20 15 Maria Serra Senior C iv il Engineer 525 N Third Ave Pasco, Washington 9930 I Emai l: serram@ pasco-wa.gov Phone: (509) 545-3445 Charlene Sandland Staff Accountant PO Box 293 525 N. 3rd Avenue Pasco, Wash in gton 9930 I Email : sandlandc@ pasco-wa.gov Phone: (509) 545-34 28 Daniel Ford City Engineer 525 N Third Ave Pasco, Washington 9930 I Email: fordd @ pasco-wa.gov Phone: (5 09) 545-3444 Page 3 of2 I State of Washington Department of Ecology Agreement No: WQSWCAP-192 l-Pasco-00041 Project Titl e: 2019-202 1 Biennial Stormwater Capacity Grants Recipient Name : City of Pasco ECO LOGY INFORMATION Mailing Address : Ph ysical Address: Contacts Project Manager Financial Manager Template Version I 0/30/2015 Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Water Quality 300 Desmond Drive SE Lacey, WA 98503 Kyle Graunke PO Box 47600 Olympia, Washington 98504-7600 Emai l: kygr46 l @ecy.wa.gov Phone: (360) 407-6452 Kyle Graunke PO Box 47600 Olympia, Wa s hington 98504-7600 Email: kygr46l @ecy.wa.gov Phone: (360) 407-6452 Page 4 of21 State of Washington Depanmem of Ecology Page 5 of2 I Agreement No: WQSWCA P-1 92 I-Pasco-0004 1 Project Title : Recipient Name: 2019-2021 Biennial Storm water Capacity Grants City of Pasco AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all thin gs necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review th e entire Agreement, including all the tenns and conditions of this Agreement, Scope of Work , attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood , and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties , and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , s igned by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and REC! PI ENT may change their respective staff contacts w ithout the concurrence of either party. This Agreement s hall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology By:&@-.~ Heather R. Bartlett Water Quality Program Manager Template Approved to Form by Attorney General's Office Template Version I 0 /30/20 15 Date City of Pasco By: Daniel Ford City Engineer Date State of Wa shi ngton Dep artment of Ecol ogy Page 6 of21 Agreement No : WQSW CA P-I 92 I-Pasco-0004 1 Project Title: 2019-202 I Biennial Storm water Capa city Grants Recipient Name : Ci ty of Pasco Katelyn Stroud Wri ter Date Template Version I 0/30/20 15 State of Washingto n Departme nt of Ecology Page 7 of2 I A g reeme nt No: WQSWC AP-1 92 l -Pasco-0004 1 Proj ec t Title: 20 19-202 I Bi ennia l Storm wa ter Capac ity Grants Recipient Name: C ity o f Pa sco SCOPE OF WORK Task Number: Task Cost: $5 ,000.00 Task Title: Project Administration/Management Task Description: A. The RECIPIENT shall carry out a ll work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include , but are not limi ted to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including photos). B. The RECIPIENT shall maintain documentation demonstrating compliance with applicab le procurement, contracting, and interlocal agreement requirements; appl ication for , receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required perfonnance items. C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and schedu ling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out thi s project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY 's grant and loan administrative requirements . Task Expected Outcome: * Timely and complete submittal of requests for reimbursement. quarterly progress reports, Recipient Closeout Report, and two-page Outcome Summary Report. <br> * Properly maintained project documentation. Project Administration/Management Deliverables Number Description 1.1 Progress Reports that include descriptions of work accomplished, project chall enges, and changes in the project schedule. Submitted at least quarterly in EAGL. 1.2 Recipient C loseout Report (EAGL Form). 1.3 Two-page draft and Final Outcome Summary Reports. Template Vers ion I 0/30/20 15 Due Date State of Washington Department of Ecology Page 8 of2 I Agreement No: WQSWCAP-192 I-Pasco-00041 Project Title: 2019-2021 Biennial Stonnwatcr Capacity Grants Rec ipient Name: City of Pasco SCOPE OF WORK Task Number: 2 Task Cost: $45,000.00 Task Title: Permit Implementation Task Description: Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater Nation a l Pollutant Discharge Elimination System (NPDES) permit, the RECIPIENT will ensure funds a re used to attain compliance where applicable. The following is a li st of elements RECIPIENT's project may include. I) Public education and outreach activities, including stewardship activities. 2) Public involvement and participation activities. 3) Illicit discharge detection and elimination (!DOE) program activities. including: a) Mapping of municipal separate storm sewer systems (MS4s). b) Staff training. c) Activities to identify and remove illicit stormwater discharges. d) Field screening procedures. e) Complaint hotline database or tracking system improvements. 4) Activities to support programs to control runoff from new development , redevelopment, and construction sites, includ in g: a) Development of an ordinance and associated technical manual or update of applicable codes. b) Inspections before, during, and upon completion of constructi on, or for post-construction long-term maintenance. c) Training for plan review or inspection staff. d) Participation in applicable watershed planning effort. 5) Pollution prevention, good housekeeping, a nd operation and maintenance program activities, such as: a) In s pecting and/or maintaining the MS4 infrastructure. b) Developing and/or implementing policies, procedures, or stormwater pollution prevention p lans at municipal properties or facilities. 6) Annual reporting activities. 7) Establishing and refining stormwater utilities, including stable rate structures. 8) Water quality monitoring to impl ement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring funded by this program requires submittal of a Quality Assurance Project Plan (QA PP) that the DEPARMENT approves prior to awarding funding for monitoring. Monitoring, inc luding: a) Development of applicable QA PPs. b) Monitoring activities, in accordance with a DEPARTMENT-approved QAPP, to meet Phase 1/11 permit requirements. 9) Structural stormwater controls program activities (Phase I permit requirement) I 0) Source control for existing development (Phase I permit requirement), including: a) In ventory and inspection program. b) Technical assistance a nd enforcement. c) Staff training. 11) Equipment purchases that result directly in improved permit compliance. Equipment purchases must be specific to implementing a permit requirement (such as a vactor truck) rather than general use (such as a pick-up truck). Equipment Template Vers ion 10/30/20 15 State of Washington Department of Ecology Page 9 of2 I Agreement No : WQSWCAP-1921-Pasco-0004 I Project Ti tle : 2019-2021 Biennial Storm water Capacity Grants Recipient Name: City of Pasco purchas es over $5 ,000 must be pre-approved by Ecology. Documentation of a ll tasks completed is required. Documentation may include: field reports, dates and number of inspections conducted, dates of trainings held and participant li sts, number of illicit discharges investigated and r emoved, summaries of planning , stormwater utility or procedural updates, annual reports, copies of approved QAPPs, summaries of s tructural or source control activities, summaries of how equipment purchases have increased or improved permit compliance. Capital construction projects, incentives or g ive-a-ways, grant application preparation, TAPE rev iew for proprietary treatment systems, or tasks that do not s upport Municipal Stormwater Penn it implementation are not eligible expenses. Tas k Goal Statement: T his tas k will improve water quality in the State of Washington by reducing the pollutants deli v ered by stormwater to lakes, streams, and the Puget Sound by implementing measures required by Phase I and II N PDES permits. Task Expected Outcome: RECIPIENTS will implement meas ures required by Phase I and II NPD ES permits. Permit Implementation Deliverables Number Description 2 .1 Documenta tion of tas ks completed Template Version I 0/30/20 I 5 Due Date S tate of Wash in gton Departme nt of Ecology Agreement No: WQSWC AP-192 I-Pasco-00041 Project Title : Re cipie n t Name: BUDGET 20 19-2021 B iennial Stonnwater Capac ity G rams City of Pasco Funding Distribution EG200231 NOTE: Th e abo ve funding distribution number is us ed to identi}jl !his specific agreem ent and budget on p aym enl remittances and may be r eferenced on oth er communic ations ji-om EC OLOGY. four agreem ent may have multiple funding distribution numbers to identify eac h b udget. Funding Title: Funding Effective Date: Funding Source: 1921 stormwater capacity 07/01 /2019 Funding Type: Funding Ex piration Date: Title: Model Tox ics Control Operating Account (MTC OA) Type: Funding Source%: Des cription: Approved Indirect C osts Rate: Recipient Match %: lnKind lnterlocal Allow ed: lnKind Other A ll owed: State 100% Cap Grants-MTC Operating Approved State Indirect Rate: 30% 0% No No Is this Funding D istribution used to match a federal grant? No 1921 stormwater capacity Task Total Project Admin is tration/Management $ 5 ,000.00 Pe rmit Impleme ntation $ 45 ,000.00 Total:$ 50,000.00 Templ a te Versio n I 0/30/20 I 5 Grant 03/31 /2021 Page JO o f 2 1 State of Washington Department of Ecology Page 11 of 21 Agreement No· WQSWCAP-1921-Pasco-00041 Proj ect Ti tle: 2019-2021 Biennial Stormwater Capacity Grants Recipient Name: City of Pasco Funding Distribution Summary Recipient/ Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total 1921 s torm water capac ity 0.00 % $ 0.00 $ 50,000.00 $ 50 ,000.00 Total $ 0.00 $ 50,000.00 $ 50,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS NI A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award , the following terms and conditions apply to you. A. CERTIF ICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION : I. The RECIPIENT/CONTRACTO R, by signing this agreement, certifies that it is not s us pended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contra cting with the federal gove rnment, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statemen ts c ontained in the certifi cation, they mus t provide an explanati on as to why they cannot. 2. The RECIPI ENT/CONTRACTOR shall provide immedi ate written no t ice to ECOLOGY ifat any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances . 3 . The terms covered transaction, debaned, s uspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, propos al , and vo luntari ly excluded, as used in t hi s c lause, have the m eaning set out in the Definitions and Coverage sectio ns of rules impl e menting Executive Order 12549. You may contact ECOLOGY for ass is tance in obtaining a copy of those regul ation s . 4 . T he RECIPIENT/C ONTRACTOR agrees it s ha ll not knowingly e nter into any lower tier covered transaction w ith a person who is proposed for debarment under the a ppli cable Code of Federal Re g ul ation s, debarred, suspend ed, declared ineligible, or voluntaril y excluded from participation in t hi s covered transaction. 5. The R EC IPI ENT/CONTRACTO R further agrees by s igning thi s agreement, that it wi ll inc lude t his c la use title d "CERT IF ICATIO N REGARDING SUSPENSIO N , DEBARMENT, INELIGIBILITY O R VOLUNTA RY EXC L US ION" w ithout m od ifica tion in a ll lower ti e r covered transactio ns and in a ll solicita ti o ns fo r lower tier covered tra nsacti ons. 6. Pursuant to 2CFRI 80.330, t he RECIPI ENT/CONTRACTOR is res pon s ible for ensuring that any lo wer tie r covere d transaction complies w ith certification o f suspe ns ion and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledg es that fai lin g to disclose the in format ion required in the Code of Federal Template Version I 0/30/2015 State of Wash ington Department of Ecology Agreement No: WQSWCAP-I 921 -Pasco-00041 Project Title: Recipient Name: 2019-2021 Biennial Stormwatcr Capacity Grants C ity of Pasco Page 12 of21 Regulations may result in the de lay or negation of this funding agreement, or purs uance of legal remedies, including s uspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to ke e p proof in its agreement file , that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT {FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its fi ve top executives using the FFATA Data Collection Form. Receives more than $25,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal fund s. • Rec e ives more than $25,000,000 in annual federal fund s. Ecology will not pay any invoices until it has received a completed and s igned FFATA Data Colle c tion Form. Ecology is require d to report the FFATA information for federally funded agreements, including the required DUNS number. at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement s ignature. The FFATA information will be ava il ab le to t he public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA re quirements, see www.fsrs.gov <http://\.vww.fsrs.gov/>. Template Vers ion I 0/30/201 5 State of Washington Department of Ecology Pag e 13 of21 Agreement No: WQSWCAP-192 1-Pasco-0004 1 Projec t Title: 20 19-2021 Bie nnial Stonnwater Capacity Grants Recipient Name : City of Pasco GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION I. ADMINISTRATIVE REQUIREMENTS a) REC IPIENT shal l follow the "Administrative Requirements for Recipients of Ecology Grants and Loans -EAGL Edition." (https://fortress. wa.gov/ecy/publications/SummaryPages/170 I 004.html) b) REC! PIENT s hall complete all activities funded by this Agreement and be full y responsible for the prop e r management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under thi s Agreement, including ensuring all s ubgrantees and contractors comply with the terms and conditions of thi s Agreement. ECOLOGY re s erves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under thi s Agreement s hall be subject to the review and approval by ECOLOGY for the extent and character of all work a nd serv ices. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered , amended, or waived only by a written amendment executed by both parties. No sub sequent modification(s) or amendment(s) of thi s Agreement will be of a ny force or effect unle ss in writing and s igned by authorized representatives of both parties. ECOLOGY and the REC IPI ENT may change their respective staff contacts and administrati ve information without the concurrence of e ither party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the C hief Information Officer, OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/access ibility) as it relates to "covered techno logy." This requirement appl ies to all products s upplied under the agreement, providing equal access to informati on techno logy by indi v idua ls with disabilities, including and not limited to web s ites/pages, web-based applications, soft ware systems, v ideo and audio co ntent, and electronic documents intended for publishing on Ecology 's public web s ite . 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES R EC IPI ENT s hall take reasonabl e action to avoid , minimi ze, or mitigate adverse effect s to a rc heological and hi storic res ources. The RECIPIENT must agree to hold harmless the State of Wa s hington in re la t io n to any c laim related to hi storical or cultural artifacts discovered, dis turbed, or damaged due to the REC IPI ENT's project fun d ed under this Agreement. RECIPIEN T sha ll : a) Contact the ECOLOGY Program issuing th e grant o r loa n to di scuss any C ultural Resources req uire ments for their proj ect: For capital constructi on projects or land acquisiti ons for capita l construction projects, if required , comply with Governor Ex ecutive Order 05-05, Archaeology a nd C ultural Resources. For projects with a ny federal involvem e nt, if required, comply w ith the National Hi storic Preservation Act. Any cultural resources federal or state requirements mu st be completed prior to th e s tart of any work on th e project s ite. b) If required by the ECOLOGY Program , s ubmit an In a dverte nt Discovery Plan (IDP) to ECOLOGY prior to impl e m enting any p roj ect that in volves ground disturbing activities. ECOLOGY w ill prov id e th e IDP form . RECIPIENT sha ll: Keep the IDP at the project s ite. Temp late Ver sion I 0/30/20 I 5 State of Wa shington Department of Ecology Agreement No: WQSWCAP-1921-Pasco-000 41 Project Title: Recipient Name: 2019-202 I Biennial Stormwater Capacity Grants City of Pasco Make the IDP readily available to anyone work ing at the project s ite. Discuss the I DP with staff and contractors work ing at t h e project s ite. Implement the IDP when cultural resources or human remains are found at the proj ect site. c) If a ny archeological o r historic resources are found w hile conducting work under thi s Agreement: Page 14 of2 I Im mediat e ly stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe , and the local government. d) If any human remains are found whil e conducting work under this Agreement: Immediate ly stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. e) Comply with R CW 27.53, RCW 27.44.055, and RC W 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and huma n remains. 5. ASS IGNMENT No ri g ht or claim of the RECIPIENT ari si ng under this Agreement s hall be t ransferred or assigned by the RECIPI ENT. 6. COMMUNICATION R ECIP I ENT s h a ll make every effort to maintain effective communications w ith the REC IPI ENT'S designees, ECOLOGY, all affected local, state, or federa l jurisdictions, and any interested indi v idua ls o r groups. 7. COMPENSATION a) Any work pe rformed prior to effective date of thi s Agreement will be at the sole expense and risk of the R ECI Pl ENT. ECO LOGY must s ign the Agreement before a ny payment requests can be submitted. b) Payments will be m ade on a reimbursable basis for a pproved and completed wor k as spec ified in thi s Agreement. c) R EC IPI ENT is res pons ib le to d etermine if costs are el igib le . Any questions regarding e li g ibili ty should be clarified with ECO LOGY prio r to incurring costs. Costs t hat are conditi onall y e li g i b le require approval by ECOLOG Y prior to expend it ure. d) REC IPI ENT s hall not invoice more than once per month unless agreed on b y ECOLOG Y. e) ECOLOGY w ill n ot process payment re q uests with out the proper reimbursement forms, Progress Report and s upporting documentation. ECO LOGY wi ll prov ide instructi ons for subm itting paymen t re ques ts. f) ECOLOG Y w i ll pay the R ECIPI ENT thirty (30) days after receipt of a properly completed request for pay ment. g) R EC IPI ENT will rece ive payment through Was hing ton State's Office of Financial Ma n agement's Statewide Paye e Desk. To receive payment you must regis ter as a s ta tewide vendor by s ubmitting a statewide vendor registration form and an IR S W-9 form at webs ite, https ://ofm.wa.gov/it-system s/statewide-vend orpayee-services. If you have questio n s about the vendor registration process, you can contact Statewide Payee H elp Desk at (360 ) 407-8180 or email PayeeRegist ration@ ofm.wa.gov. h) ECOLOGY may. at its sole discre ti on, w ithho ld payments c la imed by the R EC IPI ENT if the RECI PI ENT fa il s t o sati sfactorily comply w it h any term o r conditio n of this Agreement. i) Mon ies withheld by ECOLOGY may be paid to the REC IPI ENT when the work described herein, or a portion thereof, has been comp leted if, at ECOLOGY's sole discreti on, s uch payme nt is reasonable and approved according to this Agreement , as appropriate. o r up on completion of an audit as s pecified h e rein. j) RECIPIENT mus t s ubmit w ithin thirty (30) days after the expiration date of th is Agreement, a ll financial , performance, a nd other re ports required by t his agreement. Failure to comply may resu lt in delayed reimbursement. 8. COM PLIANCE WITH ALL LAWS RECIPIENT agrees to comply full y w ith all appli cable federa l, s tate and local laws, orders, regul ation s, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comp ly with a ll appli cable laws, reg ul ations , a nd policies of t he U nited States and the State of Template Version 10/30/20 15 State of Washington Department of Ecology Agreement No: WQSWCA P-1 921-Pasco-0004 I Project Ti t le: Recipient Name: 2019-2021 Bi ennial Storm water Capacity Grants City of Pasco Washington which affect wages and job safety . Page 15 of2 I b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against di scrimination. c) RECIPIENT certifies full compliance w ith all applicable state indus trial in s urance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to compl y with above requirements. If any provision of this Agreement v io lates any statute or rule oflaw of the state of Was hington , it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that an y officer, member, agent, or employee, who exercises any funct ion or res pons ibili ty in the review, approval, or carrying out of this Agreement, shall not ha ve any personal or financial interes t, direct or indirect, nor affect the interest of any corporation, partnership, or a ss ociation in which he/she is a part, in thi s Agreement or the proceeds thereof. I 0. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under thi s Agreement. RECIPIENT s hall award all contracts for construction, purchase of goods, equipm ent, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification th at they have followed their standard procurement proce dures a nd applicable state law in a warding contracts under this Ag reement . ECOLOGY reserves the right to in spect a nd request cop ies of all procurement documentation , and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with stat e procurement law o r the REC IPI ENT'S normal procedures m ay be disall owed at ECOLOGY's sole discretion . 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the fundin g program of a n appeal request. b) Appeal request mus t be in writing and state the disputed iss ue(s). c) RECIPIENT has the opportunity to be heard a nd offer ev idence in support of its appeal. d) ECOLOGY reviews the RECIP IENT's appeal. e ) ECOLOGY sends a written answer within ten ( I 0) bu s iness days, unle ss more time is needed, after concluding the review. The dec is ion of ECOLOGY from an appeal will be final and conclusive, un less within thirty (30) days from the d a te of s uch decision, the REC IPI ENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Di rector or dul y authorized repres entative will be final and conclusive. The parties agree that this di s pute process will precede any action in a judicial or quas i-j udi cial tribunal. Appeals of the Director's decision will be brought in the Superior Court ofThurston County. Revi ew of th e Director 's decision will not be taken to Environment a l a nd Land Use Hearings Office. Pe nding final d ec is ion of a d is pute, the RECIPIENT agrees to proceed dilig ently with the performance of this Agreement a nd in Template Ve rsion I 0/30/20 15 Stale of Washington Department of Eco logy Page 16of21 Agreement No: WQSW CA P-192 1-Pasco-00041 Project Title : 2019-2021 Biennial Stom1water Capacity Grams Reci pient Name : City of Pasco accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method , in addition to the di s pute resolution procedure outlined above. 12 . ENVIRONMENTAL DATA STANDARDS a) RECIPI ENT shall prepare a Quality A ssurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for the ir project s hall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required , the RECIP IENT s hall: Use ECO LOG Y's QAPP Template/Checklist provided b y the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator in s tructs otherwise. Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004 (Ecology Publication No. 04-03-030). Submit the QAPP to ECOLOGY for revi ew and approval before the star1 of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY us ing the E n vi ronmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was s uccessfull y loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT s hall follow ECOLOGY's data standards when Geographic Information System (G IS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology. wa.gov /Research-Data/Data-resources/Geographic-I nformation-S ystem s-G IS /Standards. REC ! PI ENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all fina l GIS data laye r s , imagery, related tables, raw data coll ectio n fil es, map products, and all me tadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be in the Superior Co urt of Thurston County. 14. INDE MNIFICATION ECOLOG Y will in no way be held respons ible for payment of salari es, consultant's fees, and other costs related to the p roject des cribed herein, except as provided in the Scope of Work. To the extent that the Cons titution and laws of the State of Washington permit, each party w ill indemnify a nd hold t he o ther harmless from and agai ns t any liability for any or all injuries to persons or property a ri sing from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15 . INDEP EN D ENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party a nd will not for any purpose b e e mployees, volunteers, or agents of the other party. 16. KICKBACKS RECIPI ENT is prohibited from inducing by any means a ny person employed or otherwise involved in this Agreement to g iv e up any part of the compensation to which he/s he is otherwise entitled to or receive any fee , commission, o r g ift in return for award of a s ubcontr act hereunder. 17. MINORITY AND WOM EN'S BUSINESS ENTERPRISES (MWBE) Template Version I 0/30/20 15 State of Wash ington Department of Ecology Page 17 of2 I Agreement No: WQSWCAP-! 92 I-Pasco-00041 Project Title: 2019-2021 Biennial Stonnwater Capac ity Grants Recipient Name: City of Pa sco RECIP IENT is encouraged to solicit and recruit, to the extent poss ible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the follow ing actions, when possible, in any procurement under this Agreement: a) In clude qualified minority and women's businesses on so li citation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economical ly feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage parti c ipation of qualified minority and women's businesses. d) Use the serv ices and assistance of the Wa s hington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Bu siness E nterpri ses of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unle ss otherwise provided herein, the incons istency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work ; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (t) Ecology Fund ing Program Gu id elines; and (g) General Terms and Conditions. 19. PRES ENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve REC IPIENT'S communication documents and materials related to the fulfillment of thi s Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten ( I 0) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any on line communications, such as web pages, biogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public d istribution that uses ECOLOGY's logo s hall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECO LOG Y's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORT ING a) REC IPI ENT must satisfactorily demonstrate the timely use of funds by subm itting payment reque s ts and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the REC IPI ENT does not document time ly u se of funds. b) RECIPIENT must su bmit a progress report with each payment request. Payment requests w ill not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT s hall use ECOLOGY'S provided progress report format . d) Quarterly progress reports will cover the periods from January I through March 3 1, April I through June 30, Jul y I through Template Vers ion I 0/30/20 I 5 State of Wash ington Department of Ecology Pagel8of2 1 Agreement No: WQSW CAP-1921 -Pasco-0004 I Project Title : 2019-2021 Bi ennia l Sto nmvater Capaci ty Grant s Rec ipient Name : C ity of Pasco September 30, and October I through December 31. Reports s hall be subm itted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extens ion has been approved by ECOLOGY, all financial, pe rformance, and other reports req uired by the agreement and funding progra m guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under thi s Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive, and irrevocable license to reproduce, publish, reco ver, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY informatio n ; present papers, lectures, or seminars involving information supp lied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materi als produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Prope rty Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final p ayment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoffby the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shal l apply if the project covered by this Agreement includes funds for the acquisition of land o r facilities: I. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT s hall provide satisfactory evidence of title or abi lity 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 opini ons establi s hing that the land is free from any impediment, lien , or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expi ration date, the RECIPIENT s hall not at any time convert any equipment, property, or faci lity acquired or developed under this Agreement to uses other than those for which assistance was o ri g inally approved without prior written approval of ECOLOGY. Such approval may be cond itioned upon payment to ECOLOGY o f 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 acquis ition , purchase, or construction costs of such property. 22. RECORDS, AUDITS, AND INSPECTIONS REC IPI ENT s hall maintain complete program and financial records relating to this Agreement, including any engineerin g documentation and field inspection reports of all construction work accomplished. A II records s ha II: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expend itures related to this Agreement. Template Version I 0/30/201 5 State of Washington Depanment of Ecology Pag e 19 of21 Agreement No: WQSWCAP-192 i-Pasco-00041 Project Title: 2019-202 I Bien nial Storm wa ter Capacity Grants Recipient Name: City of Pasco d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Wash ington. for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify di screpancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly in voiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY , or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are s ubject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT . RECIPIENT shall refund to ECOLOGY the full amount of any erroneous pay ment or overpayment under this Agreement. RECIPIENT s hall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days ofa written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT'S li abi li ty to repay monies wi ll be reduced by an amount reflecting the fair valu e of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT mus t demonstrate to ECOLOGY's sati sfaction that compliance with the requirements of the State En vironmental Policy Act (Chapter 43.21 C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provis ion. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the REC IPI ENT. RECIPI ENT s hall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 27. SUSTAINABLE PRACTICES In order to sustain Was hington 's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement s ustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, ho st in g low impact m eeti ngs, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products a nd services, EPEAT reg istered computers and Template Version I 0/30/2015 State of Wa shing t on Department o f Ecology Page 20 of21 Agreement No : WQSWCAP-l921-Pasco-0004 1 Project Title: 2019-2021 Biennial Storm water Capacity Grants Recipient Name: City of Pasco imaging eq uipm ent, independently certified green c leaning products , remanufactured toner cartridges, products with reduced pack ag ing , office products that are refi lla ble, rechargeable , and recyclable, I 00% post-consumer recycled paper, and toxic free products. For more suggestions vis it ECOLOGY's web page. Green Purchas in g , http s ://ecology. wa.gov /Regulations-Permits/Guidance-technical-ass i stance/S ustai nab! e-purchas i ng. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agre ement with a seven (7) calendar days prior wr itten notificat ion to the RE C IPIENT, at the sole di sc retion of ECOLOGY. fo r fa ilin g to perform an Agreement requirement or for a material breach of any term or cond ition . If thi s Agreement is so terminated , the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of thi s Agreement prior to the effect ive date oftennination. Failure to Commence Work . ECOLOGY re serve s the right to terminate thi s Agreement if RE C IPIENT fail s to commence work on the project funded within four (4) months after the effective date of this Agreement , or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work . Non -Performance. The obligation of ECOLOGY to the RE C IPIENT is contingen t upon sati s factory performance by the REC IPIENT of all of its obligations under this Agreement. In the event the REC IPIE NT unju stifiably fails, in the op ini on of ECOLOGY , to perform any obli gation required of it by thi s Agreement, ECOLOGY ma y re fuse to pay any further fund s, terminate in whole or in part thi s Agreement, and exe rci se any other ri g ht s under thi s Agreement. Des pite the above, the RECIPIENT shall not be relie ve d of any liability to ECOLOGY for damages s ustained by ECOLOGY and the State of Wa shington because of any breac h of thi s Agreement by the RECI Pf ENT. ECOLOGY may withhold pa yments for the purpose of setoff until such time as th e exact amount of damages due ECO LO G Y from the RECIPI ENT is determined. b) Fo r Convenience ECO LOGY may terminate for convenience thi s Agreement , in who le or in part , for any reason when it is th e best interest of ECOLOGY , with a thirty (30) ca lend ar days prior written notification to the RE CI PIENT , except as noted below. If thi s Agreement is so terminated , the parties shall be li a ble only for performance rendered or costs in curred in accordance with the terms of thi s Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY's abi li ty to make payments is contingent on availability of funding . In the event funding from state, federal or other so urces is withdrawn, reduced , or limited in any way after the effective date and prior to the completion or ex piration date of this Agreement , ECOLOG Y, at its so le di scretion , may elect to terminate the Agreement, in who le or pari, or renegotiate the Agreement, s ubject to new fundin g limitations or conditions. ECOLOGY may a lso elect to sus pend performance of th e Agreement until ECOLOGY determines th e funding in sufficien cy is re so lved . ECOLOGY may exercise any of th ese options with no notific ation or restr ictions, although ECOLOGY will make a re asonable attempt to provide notice. In the event of termination or suspension, EC OLOGY will re im burse eligible costs incurred by th e REC IPI ENT throug h the effect iv e date of termination or suspens ion. Reimbursed costs mu st be ag reed to by ECOLOG Y and the RECIPI ENT. In no event shall ECO LOG Y 's reimbursement exceed ECO LOG Y's total re spons ibility under the agree ment and any amendments. If pay ments have been disco ntinued by ECOLOGY due to unavail able fund s , the REC IPI EN T shall not be obligated to repay monies wh ich had been paid to the REC IPI ENT prior to such termination. R EC JPI ENT's obligation to continue or complete the work described in thi s Agreement shall be contingent upon ava ilability of fund s by the RECIPI ENT's gove rning body. c) By Mutual Ag reement Tem plate Versio n 10/30/20 15 State of Washington Department of Ecology Agreement No: WQSWCAP-I 921 -Pasco-0004 1 Project T itle: Recipient Name: 2019-202 I Biennial Stomnvater Capacity Grants City of Pasco Page 21 of2 1 ECOLOGY and the RECIPIENT may terminate th is Agreement, in whole or in pa rt, at any time, by mutual written agreement. d ) In Event of Te rmination All finished or unfinis hed documents, data s tudi es, surveys, drawings, maps, mode ls, photographs, repo rts or o ther materials prepared by the RECIPIEN T under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory w ork completed on s uch documents and other materials. Nothing contained he rein s hall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIEN T in accordance w ith Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ens ure that in a ll subcontra cts entered into by the REC! Pl ENT purs uant to this Agreement, the state of Wa s hington is named a s an express third party beneficiary of such subcontracts with full r ig hts as s uch. 30. WAIVER Wai ver of a default or breach of a ny prov is io n o f this Agreement is not a waiver of any s ubsequent d efaul t o r breach , and w ill not be construed as a modification of the terms of thi s Agreement unless stated as s uch in w riting by the authorized representati ve of ECOLOGY. Template Version I 0/3012015