HomeMy WebLinkAbout2021.03.15 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, March 15, 2021
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1. REMOTE MEETING INSTRUCTIONS - Governor Inslee's Heathy
Washington - Roadmap to Recovery, Phase 2 made in response to the
COVID-19 emergency, currently allows for partial "in-person" meetings.
Members of the public wishing to attend City Council meetings in -person will
need to follow the Governor's protocol outlined in Proclamation No. 20 -
28.14.
Individuals, who would like to provide public comment remotely, may
continue to do so by filling out the online form via the City’s website
(www.pasco-wa.gov/publiccomment) to obtain access information to
comment. Requests to comment in meetings must be received by 4:00 p.m.
on the day of each meeting.
To listen to the meeting via phone, call (562) 247-8422 and use access
code 465-398-545.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by Council
members or the public, the item may be removed from the Consent Agenda
to the Regular Agenda and considered separately.
Page 1 of 169
5 - 15 (a) Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Meeting held on
March 1, 2021 and Workshop held on March 8, 2021.
16 - 18 (b) Bills and Communications
To approve claims in the total amount of $4,495,223.82
($2,780,051.84 in Check Nos. 240409-240707; $849,333.99 in
Electronic Transfer Nos. 831197, 831199, 831201 -831203, 831208-
831217, 831219; $11,210.06 in Check Nos. 53541 -53549;
$854,627.93 in Electronic Transfer Nos. 30158313-30158822).
To approve bad debt write-off for Utility Billing, Ambulance,
Cemetery, General Accounts, Miscellaneous Accounts, and Municipal
Court (non-criminal, criminal, and parking) accounts receivable in the
total amount of $128,207.23 and, of that amount, authorize $0.00 to
be turned over for collection.
19 - 22 (c) Ordinance - Budget Adjustment for Fire Equipment Purchase
To adopt Ordinance No. 4519, amending the 2021 -2022 Biennial
Operation Budget of the City of Pasco, Washington, by providing
supplement thereto, by appropriating revenue received in excess of
estimated revenues for the current year and by providing transfers
and adjustment authority, and further, authorize publication by
summary only.
23 - 28 (d) Ordinance - Amending PMC Title 23 Related to SEPA
To adopt Ordinance No. 4520, amending Title 23 of the Pasco
Municipal Code, Section 23.35.070 "Appeals", and further, authorize
publication by summary only.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
6. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or
to express an opinion on an issue. Its purpose is not to provide a venue for
debate or for the posing of questions with the expectation of an immediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have access to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
Page 2 of 169
(a) Verbal Reports from Councilmembers
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
29 - 53 (a) *Resolution - Professional Services Agreement with TCA, Inc. for
Architectural and Engineering Services for Fire Department
Facilities
MOTION: I move to approve Resolution No.4042, authorizing the City
Manager to sign and execute a professional services agreement with
TCA Architecture Planning, Inc., PS, for architecture and engineering
services for future fire stations.
54 - 62 (b) *Ordinance - Sawyers Rezone - RS-12 to R-S-1 (Z 2020-008)
MOTION: I move to adopt Ordinance No. 4521, correcting the legal
description of Ordinance No. 4517, and further, authorize publication
by summary only.
63 - 82 (c) *Resolution - Purchase and Sale Agreement - Rd 76 Kelly
Property
MOTION: I move to approve Resolution No. 4043, authorizing the
purchase of 3.6 acres of land located at 2220 Road 76, and further,
authorize the City Manager to execute the Purchase Sale Agreement
with Blue Gem Farms.
83 - 156 (d) *Resolution - Ecology Water Quality Combined Financial
Assistance Agreement - WWTP Design
MOTION: I move to approve Resolution No. 4044, authorizing the
City Manager to sign and execute the Water Quality Combined
Financial Assistance Agreement with the Department of Ecology for
the design of Wastewater Treatment Plant Improvements Project
Phases 1 and 2.
157 - 166 (e) *Resolution - Revised Interlocal Agreement with Columbia Basin
College for Argent Road Improvements Project
MOTION: I move to approve Resolution No. 4046, authorizing the
City Manager to sign and execute the Interlocal Agreement for the
purpose of financially supporting and conveying right -of-way for
Argent Road Project No. 12001 with Columbia Basin College, and
further, authorize the City Manager to make minor revisions to the
agreement prior to executing it with Columbia Basin College.
Page 3 of 169
10. UNFINISHED BUSINESS
11. NEW BUSINESS
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
14. ADJOURNMENT
15. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
167 - 169 (b) Adopted 2020-2021 Council Goals (Reference Only)
(c) REMINDERS
• Monday, March 15, 6:00 PM: LEOFF Disability Board – City
Hall Conference Room 1, Pasco City Hall (MAYOR SAUL
MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS,
Alt.)
• Friday, March 19, 10:00 AM: Benton-Franklin Council of
Governments Board Meeting – Virtual Meeting
(COUNCILMEMBER RUBEN ALVARADO, Rep., MAYOR
PRO TEM BLANCHE BARAJAS, Alt.)
• Monday, March 22, 4:00 PM: Hanford Area Economic
Investment Fund Advisory Committee Meeting – Virtual
Meeting (COUNCILMEMBER PETE SERRANO, Rep.)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por
favor avisa la Secretaria Municipal dos días antes para
garantizar la disponibilidad. (Spanish language interpreter
service may be provided upon request. Please provide two
business day's notice to the City Clerk to ensure availability.)
Page 4 of 169
AGENDA REPORT
FOR: City Council March 10, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/15/21
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
3.1.21 & 3.8.21 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Coun cil Meeting held on March 1,
2021 and Workshop held on March 8, 2021.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 169
MINUTES
City Council Regular Meeting
7:00 PM - Monday, March 1, 2021
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ACCESS MEETTING REMOTELY INSTRUCTIONS
Governor Inslee's Heathy Washington - Roadmap to Recovery, Phase 2, made
in response to the COVID-19 emergency, currently allows for partial "in-
person" meetings. Members of the public wishing to attend City Council
meetings in-person will need to follow the Governor's protocol outlined in
Proclamation No. 20-28.14. Also, there was one (1) individual, who requested
to provide comment via GoToWebinar.
CALL TO ORDER
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig
Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano.
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City
Manager; Colleen Chapin, Human Resources Director; Eric Ferguson,
City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative &
Community Services Director; Ken Roske, Police Chief; Richa Sigdel,
Finance Director; Rick White, Community & Economic Development
Director; Steve Worley, Public Works Director; and Debby Barham, City
Clerk.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA
Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Remote Meeting held
on February 16, 2021, as well as the Special Meeting and Workshop
held on February 22, 2021.
Page 1 of 6Page 6 of 169
Bills and Communications
To approve claims in the total amount of $2,409,990.29 ($1,399,3 63.60
in Check Nos. 240166-240408; $163,142.58 in Electronic Transfer Nos.
830802-830857, 830874-830936, 830938-830998, 831011-831108,
831114, 831120, 831123-831124; $10,921.88 in Check Nos. 53532-
53540; $836,562.23 in Electronic Transfer Nos. 30157806 -30158312).
Resolution - Interlocal Agreement with Pasco School District for
School Resource Officer Services
To approve Resolution No. 4037, authorizing the City Manager to sign
and execute the Interlocal Agreement for School Resource Officer
Services with the Pasco School District for the 2021 -2023 school year
and automatically renew for additional two (2) year terms thereafter.
Code Enforcement Board Appointments
To confirm the Mayor's reappointments of Thomas Granbois and Daniel
Gottschalk to Position Nos. 1 & 2 respectively on the Code Enforcement
Board, for four-year terms, from January 1, 2021 to January 1, 2025.
Parks & Recreation Advisory Board Appointments
To confirm the Mayor's reappointments of Julie Campos and Brayden
Leyde to Position Nos. 3 & 5 respectively on the Parks & Recreation
Advisory Board, for three-year terms, from February 2, 2021 to February
2, 2024.
Joint Housing Authority Board Appointment
To confirm the Mayor's reappointment of Linda Dukelow to the Joint
Housing Authority Board to Position No. 5, for a five-year term, effective
January 28, 2021 through January 28, 2026.
Planning Commission Appointments
To confirm the Mayor's reappointment of Jerry Cochran to Position No. 9
and the appointment of Kim Lehrman to Position No. 4 on the Planning
Commission, with Position No. 9, for a six-year term, from February 2,
2021 to February 2, 2027, and Position No. 4, completing the unexpired
term, from March 1, 2021 to February 2, 2024.
Downtown Pasco Development Authority Appointments
To confirm the Mayor's reappointment of Gabriel Portugal to Position
No. 4 and the appointments of Kylie Grimes, Alexia Estrada, and
Christina Viera to Position Nos. 2, 3, and 5 respectively on the
Page 2 of 6Page 7 of 169
Downtown Pasco Development Authority Board, with the terms for
Position No. 4, effective December 20, 2020 to December 20, 2024,
Position Nos. 2 and 3 effective March 1, 2021 to December 20, 2024,
and Position No. 5 effective March 1, 2021 to December 20, 2022.
MOTION: Mayor Pro Tem Barajas moved to approve the Consent
Agenda as read. Mr. Serrano seconded. Motion carried unanimously by
Roll Call Vote.
PROCLAMATIONS AND ACKNOWLEDGEMENTS
Proclaiming "Boy Scout Troop No. 159 Week" from March 1
Through March 7, 2021 in Celebration of their 70th Anniversary
Mayor Martinez congratulated Boy Scout Troop No. 159 for 70 years of service
and read the Proclamation, which proclaimed March 1st through March 7t h as
"Boy Scout Troop No. 159 Week."
Councilmember Serrano shared memories of their participation in the Boy Scouts
of America.
Mr. Zabell advised Mayor Martinez that two (2) members of the audience were
not following the Washington State's Governor's in -person meeting mandate of
not wearing facial masks.
Mayor Martinez asked the two (2) individuals to adhere to the meeting
requirements. Both gentlemen declined to wear masks.
RECESS
Mayor Martinez called a 15-minute recess at 7:14 PM to address the
non-compliance of in-person meeting requirement of wearing a mask in
the Council Chambers with two (2) audience members.
Mayor Martinez reconvened the meeting at 7:30 PM.
Ms. Roach commented on Boy Scout Troop No. 159 and noted that her
nephew is currently a member in Troop No. 159.
VISITORS - OTHER THAN AGENDA ITEMS
Mayor Martinez read the Public Comment Procedures.
Mr. Maloney asked if any individuals attending the meeting virtu ally
wished to speak.
Mayor Martinez stated that one of the two audience members provided
Page 3 of 6Page 8 of 169
their comments to the Mayor during the recess and the other audience
member declined to provide any public comments; and there was no
one online who wished to provide comments.
REPORTS FROM COMMITTEES AND/OR OFFICERS
General Fund Monthly Report - January 2021
Ms. Sigdel introduced the General Fund report to Council.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Ordinance - Amending PMC Related to Business Licenses and
Regulations
Ms. Sigdel provided a brief overview of the proposed amendment to the Pasco
Municipal Code related to Business Licenses fees.
MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4518,
amending the Pasco Municipal Code (PMC) Section 5.05.160, Fees to
include a $5,000 cap to the per employee business license fee. Ms.
Roach seconded. Motion carried unanimously.
Resolution - Bid Award for Lewis Street Overpass Project
Mr. Worley provided a report on the bid award for the Lewis Street Overpass
project.
Mr. Maloney asked about how Burlington Northern Santa Fe (BNSF) Railroad's
amendments to their agreements related to the overpass project will be handled.
He also asked to meet with Mr. Worley to discuss how staff reviews the bids
related to the variance of the bids' line items.
Mayor Martinez expressed appreciation to everyone who has worked on this
project. A majority of the funding for the Lewis Street Overpass project was
funded through grants and out of the $27 million project, the City is responsible to
pay only $4.5 million for the project.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No.
4038, awarding the Lewis Street Overpass project to Cascade Bridge,
LLC, of Vancouver, WA in the amount of $22,344,999.88, including
Washington State Sales Tax, and further authorize the City Manager to
execute the contract documents and allowing all necessary budget
adjustments. Mr. Alvarado seconded. Motion carried unanimously.
Resolution - Bid Award for Columbia East Force Main Project
Page 4 of 6Page 9 of 169
Mr. Worley provided a report on the bid award for the Columbia East Force Main
Project.
After further discussion it was noted that Council will need a revised motion that
approve an amended Resolution to include the following statement in the
Resolution, "contingent upon receipt of the U.S. Economic Development
Administration funding award letter."
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No.
4039, as amended, awarding the Columbia East Force Main Project to
DW Excavating, Inc., of Davenport, WA in the amount of $5,985,057.86
including Washington State Sales Tax, contingent upon receipt of the
U.S. Economic Development Administration funding award letter and
further, authorize the City Manager to execute the contract documents
and allowing all necessary budget adjustments. Mr. Milne seconded.
Motion carried unanimously.
Resolutions - Acceptance of Work for 1) Fire Stations Nos. 81, 82
and Rehab and Restroom Facility Renovations and 2) Fire Station
No. 83 Construction at Sandifur Parkway
Fire Chief Gear provided a report on the two (2) Fire Department facilities
projects, which improved four (4) separate City properties.
MOTION No. 1: Mayor Pro Tem Barajas moved to approve Resolution
No. 4040, accepting the work performed by Jackson Contractor Group,
Inc for Renovations of Fire Stations Nos. 81, 82 and Fire Rehab and
Restroom Facility Renovations. Mr. Serrano seconded. Motion carried
unanimously.
MOTION No. 2: Mayor Pro Tem Barajas moved to approve Resolution
No. 4041, accepting the work performed by Chervenell Construction
Company for the construction of Fire Station No. 83 located at Sandifur
Parkway. Mr. Maloney seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION
Fire Chief Gear noted that the COVID-19 Vaccination Site is running
smoothly. He also announced that the incident team will be assisting the
Walla Walla Vaccination Site later in the week and assisting Kittitas
County next week.
Chief Gear stated that the COVID-19 Test Site reported only 13 percent
positive rate the past week, which was the lowest percentage since the
site was started.
Page 5 of 6Page 10 of 169
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:24 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 6 of 6Page 11 of 169
MINUTES
City Council Workshop Meeting
7:00 PM - Monday, March 8, 2021
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CALL TO ORDER
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig
Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano.
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City
Manager; Colleen Chapin, Human Resources Director; Jeff Briggs,
Acting City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative
& Community Services Director; Ken Roske, Police Chief; Richa Sigdel,
Finance Director; Rick White, Community & Economic Development
Director; Steve Worley, Public Works Director; and Debby Barham, City
Clerk.
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Milne commented on the Parks & Recreation Advisory Board
meeting he attended last week.
Mr. Maloney commented on the Pasco Public Facilities District Board
meeting he attended last week.
Mayor Martinez commented on the recent visit with U.S. Representative
Newhouse at the Benton County Fairgrounds COVID-19 vaccination
site.
Page 1 of 4Page 12 of 169
ITEMS FOR DISCUSSION
2020 Hanford Communities Update
Mr. Zabell introduced David Reeploeg, the Executive Director for the
Hanford Communities. Mr. Reeploeg presented the 2020 Hanford
Communities Report and provided their 2021 Issue Agenda, also known
as its annual priorities list, related to the on-going clean up of the
Hanford Nuclear Reservation Site.
Council and Mr. Reeploeg further discussed specifics about Hanford
related projects.
DPDA Funding Agreement Extension
Mr. White provided a brief overview of the proposed 2021 Downtown
Pasco Development Authority (DPDA) Funding Agreement noting a
couple additional tasks added to the DPDA duties.
Council, staff and DPDA Board President Portugal and DPDA Executive
Director Gomez further discussed the responsibties and duties of DPDA
noting that active communication and outreach is a key component and
for DPDA to reach all of the businesses within Pasco's downtown area,
especially with the upcoming improvement projects within the
downtown.
Mr. Milne noted his frustration that he or the other two Councilm embers
are unable to attend DPDA Board meetings and asked if DPDA would
consider changing the meeting date of the DPDA Board so that he could
attend.
2019 City of Pasco Financial Audit Recap
Ms. Sigdel updated Council on the 2019 Financial Audit prepa red by
Washington State Auditors.
Mr. Alvarado expressed appreciation to Ms. Sigdel, the State Auditors
as well as the audit process.
Ordinance - Budget Adjustment for Fire Equipment Purchase
Chief Gear provided an overview of the Fire Department's budget
adjustment request for the purchase of handheld radios and
combination EKG / Defibrillator units.
Mr. Zabell noted that this budget adjustment will come before Council
through an ordinance, which was new to the Council's approval process.
Page 2 of 4Page 13 of 169
Ordinance - Amending PMC Title 23 Related to SEPA
Mr. White reported on proposed amendments to the Pasco Municipal
Code (PMC) related to SEPA to meet the Washington Administrative
Codes (WACs) and Revised Code of Washington (RCWs) regulations.
Mr. Maloney asked how the Planning Commission duties were affected
by the current use of a Hearing Examiner.
Mr. White responded that Planning Commission has been able to focus
on the Comprehensive Plan Amendments by moving the quasi -judicial
actions to the Hearing Examiner who is versed in the law as it relates to
such actions.
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Zabell spoke about the following items:
• Peanuts Park & Pasco Farmers Market project ground breaking
event was scheduled on March 19 at 2:00 PM
• Criminal Justice Scholarship program at Columbia Basin College
• Reviewed the compliance of in-person meeting mandates, which
are covered under Governor Inslee's Proclamation No. 28-20.14
Council discussion ensued regarding the in-person meeting mandates.
Everyone agreed that the City is doing everything possible to ensure
that the public's voice is heard while remaining in compliance with the
meeting mandates. It was noted that if an individual is concerned about
the mandates, then they should contact the State directly to advocate for
change within the mandates and Council will continue to work wit h other
community leaders to reopen the Tri-Cities area. Everyone needs to do
their part to reduce the threat of the COVID-19 transmission.
Chief Gear updated Council on the COVID-19 Testing site, noting the
positive tests were down to 10.3 percent the past week. He also
commented on the COVID-19 Vaccination Site, stating that 30,000
vaccines have been administered at the Benton County Fairgrounds.
Lastly, he described the reserve waiting line for eligible in the phase 2
and not eligible in phase 2 individuals stating that when there is extra
serum at the end of the day those who have waited in the reserve line
may be vaccinated. This is to ensure that all of the serum is used and
not wasted.
Mayor Martinez and Councilmembers Serrano and Roach commented
on the Criminal Justice Scholarship program.
Ms. Roach expressed sincere condolences to the family of former Pasco
Police Department's Reserve Officer Bert Wilson due to his recent
Page 3 of 4Page 14 of 169
death. He was an upstanding community member that will be sorely
missed.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:57 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 4 of 4Page 15 of 169
AGENDA REPORT
FOR: City Council March 11, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/15/21
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 03.15.21
Bad Debt Write-off/Collection for February 2021
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $4,495,223.82 ($2,780,051.84 in
Check Nos. 240409-240707; $849,333.99 in Electronic Transfer Nos. 831197,
831199, 831201-831203, 831208-831217, 831219; $11,210.06 in Check Nos.
53541-53549; $854,627.93 in Electronic Transfer Nos. 30158313 -30158822).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General
Accounts, (nonCourt Municipal Miscellaneous Accounts, and -criminal,
criminal, and parking) accounts receivable in the total amount of $128,207.23
and, of that amount, authorize $0.00 to be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 16 of 169
REPORTING PERIOD:
March 15, 2021
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 240409-240707 53541-53549
Total Check Amount $2,780,051.84 $11,210.06 Total Checks 2,791,261.90$
Electronic Transfer Numbers 831197 30158313-30158822
831199
831201-831203
831208-831217
831219
Total EFT Amount $849,333.99 $854,627.93 $0.00 Total EFTs 1,703,961.92$
Grand Total 4,495,223.82$
Councilmember
1,061,023.00
19,418.52
0.00
0.00
19,745.50
0.00
220.74
60,924.04
7,219.80
371.72
16,976.36
192.61
737.22
0.00
13,661.83
0.00
2,221.28
0.00
0.00
18,765.86
678,334.31
509,369.06
69,989.19
9,886.58
275,781.91
0.00
220,060.87
10,577.75
1,499,745.67
GRAND TOTAL ALL FUNDS:4,495,223.82$
The City Council
February 25 - March 10, 2021
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
STREET OVERLAY
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described
herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Darcy Buckley, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
15th day of March, 2021 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ARTERIAL STREET
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
EQUIPMENT RENTAL - OPERATING BUSINESS
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
FLEX
PAYROLL CLEARING
Page 17 of 169
BAD DEBT WRITE-OFF/COLLECTION
February 1, - February 28, 2021
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ 12.85 0.00 12.85
Ambulance $ 128,194.38 0.00 128,194.38
Court A/R $ .00 .00 .00
Code Enforcement $ .00 .00 .00
Cemetery $ .00 .00 .00
General $ .00 .00 .00
Miscellaneous $ .00 .00 .00
TOTAL: $ 128,207.23 .00 128,207.23
Page 18 of 169
AGENDA REPORT
FOR: City Council March 3, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/15/21
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: Ordinance - Budget Adjustment for Fire Equipment Purchase
I. REFERENCE(S):
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____, amending the 2021 -2022
Biennial Operation Budget of the City of Pasco, Washington, by providing
supplement thereto, by appropriating revenue received in excess of estimated
revenues for the current year and by providing transfers and adjustment
authority, and further, authorize publication by summary only.
III. FISCAL IMPACT:
City Funding: $310,000.00 - from adjustments in the Fire Department
Equipment Replacement Funds
City Funding: $ 95,000.00 - from the funds accrued in the Ambulance
Equipment Replacement Fund for Defibrillators
IV. HISTORY AND FACTS BRIEF:
The Pasco Fire Department (PFD) maintains compliance with NFPA 1561,
1710, 1061, and WAC 296-305-05000 and NIMS. To maintain compliance the
PFD has need to replace its portable radios that have reached the end of their
service life. The current portable radios that a re in use by the PFD are over
fifteen (15) years of age and are not serviced or supported by the manufacture.
Additionally, meet Federal current the not radios PFD current the do
Communications Commission (FCC) for interoperability and digital radio
techno has logy. Purchasing updated radios will ensure that PFD
interoperability radio communications with the local and state fire and police
agencies across our Tri-County region.
Page 19 of 169
The PFD maintains its authorized EMS certified provider (EMT and Paramedic)
scope of practice provisions in accordance with RCW 18.71.205, RCW
18.73.081, WAC 246.976.920 and WAC 246-976-182. One of the medical tools
used by PFD to provide the service is a portable combination EKG monitor and
external heart defibrillator. Some of the portable combination EKG monitor and
external heart defibrillator that PFD is using has reached their end of life cycle
and the vendor is no longer providing the software updates or technical support
to these medical devices. To ensure PFD can meet the service deliver
requirements heart and monitor external combination portable the EKG
defibrillator are in need of replacement.
V. DISCUSSION:
Equipment Services Emergency and Fire of review a Following the
Replacement fund, where anticipated cost and timing of planned purchases
was evaluated, a surplus of $310,000, was determined to be available in
accordance with the projected equipment replacement schedule.
• This funding will allow the purchase of 100 replacement portable radios,
spare batteries for the portable radios, battery chargers and external
microphones/speakers.
Following a review of the Ambulance Equipment Replacement fund, where
anticipated cost and timing of planned purchases was evaluated, a surplus
$95,000, was determined to be available in accordance with the projected
equipment replacement schedule.
• This funding will allow the purchase of four (4) replacement portable
combination EKG monitor and external heart defibrillators.
Staff recommends Council adopt the Ordinance for the budget adjustment and
use of funds from equipment replacement fund to allow fo r the purchase of new
portable radios and portable combination EKG monitor and external heart
defibrillators.
Page 20 of 169
Ordinance – 2021 Operating Budget Supplement - 1
ORDINANCE NO. _______
AN ORDINANCE AMENDING THE 2021-2022 BIENNIAL OPERATING
BUDGET OF THE CITY OF PASCO BY PROVIDING SUPPLEMENT THERETO; BY
APPROPRIATING REVENUE RECEIVED IN EXCESS OF ESTIMATED REVENUES
FOR THE CURRENT YEAR AND BY PROVIDING TRANSFERS AND
ADJUSTMENT AUTHORITY.
WHEREAS, subsequent to due notice and public hearing thereon, the City Council for
the City of Pasco has approved an amendment to operating budget for the 2021-2022 biennium;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
§1. Pursuant to RCW 35A.33.120, the 2021-2022 Operating Budget be and the same is
hereby amended to provide for the following adjustments to revenues, transfers in,
expenditures, and transfers out by providing authority for any necessary transfer of money
within or between funds indicated, and their subsequent impact to end fund balance.
Fund Revenue Expense
Net
Change
EQUIPMENT RENTAL REPLACEMENT FUND - GOVERNMENT
TYPE 0
405,000
(405,000)
Total 0 405,000
(405,000)
§2. That the additions in appropriations and expenditures are hereby declared to exist
in the above funds for the said uses and purposes as shown above and the proper City officials
are hereby authorized and directed to issue warrants and transfer funds in accordance with the
provision of the Ordinance.
Page 21 of 169
Ordinance – 2021 Operating Budget Supplement - 2
§3.This ordinance shall take full force and effect five (5) days after approval, passage
and publication as required by law.
Adopted by the City Council of the City of Pasco, this ___ day of __________, 2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: ___________________________
Page 22 of 169
AGENDA REPORT
FOR: City Council March 10, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/15/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Ordinance - Amending PMC Title 23 Related to SEPA
I. REFERENCE(S):
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ______, amending Title 23 of the
Pasco Municipal Code, Section 23.35.070 "Appeals", and further, authorize
publication by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Each year, Pasco's Hearing Examiner submits an annual report summarizing
the year's activities and notes any areas of potential concern.
This year the Examiner has recommended review of existing Pasco Municipal
Code (PMC) regulations incorporating applicable provisions of the Washington
Administrative Code (WAC) regarding the State Environmental Policy Act
(SEPA) protocols.
City Council discussed the proposed Ordinance at the March 8, 2021
Workshop Meeting.
Page 23 of 169
V. DISCUSSION:
The City Attorney's Office has prepared the ordinance revising the dated SEPA
Appeal provisions in the PMC after considerable discussions with staff and the
Pasco Hearing Examiner.
The revisions are compliant with State law and the WAC and affect clarity,
notice requirements, appeal deadlines, and the scope and consolidation of
appealable actions.
Staff recommends approval of the PMC revisions contained in the proposed
Ordinance.
Page 24 of 169
Ordinance Amending PMC 23.35.070 - 1
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PASCO, WASHINGTON, AMENDING PMC SECTION 23.35.070
“APPEALS”
WHEREAS, the State Environmental Policy Act RCW 43.21C. (SEPA) authorizes cities
to draft local SEPA policies; and
WHEREAS, SEPA requires that all local SEPA policies comply with the Department of
Ecology’s model SEPA rules; and
WHEREAS, the Department of Ecology’s model SEPA rules permit the City to provide
for a SEPA appeals process; and
WHEREAS, the City has previously adopted a SEPA appeal process; and
WHEREAS, the City has now determined it is appropriate to modify its SEPA appeal
process in order to clarify the procedural rights of parties commencing SEPA appeals.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 23.35.070 entitled “Appeals” of the Pasco Municipal Code shall
be and hereby is amended and shall read as follows:
23.35.070 Appeals.
(1) Except for permits and variances issued pursuant to Chapter 90.58 RCW (Shoreline
Management Act), When any nonexempt action, not requiring a decision of the City Council, is
conditioned or denied or after a threshold determination is made on the basis of SEPA by a
nonelected official, the decision may be appealed to the Hearing Examiner.
(2) Such appeal may be perfected by the proponent or an aggrieved party by giving notice to
the responsible official. Appeals on threshold determinations shall be filed within 10 days or
prior to the lapse of any comment period on a threshold determination under WAC 197-11-
340(20). All other appeals shall be filed within 10 days. The appeals shall be filed by the
required deadlines of this chapter.
(a) The appeal shall be filed in writing and shall contain the name and address of the
person filing the appeal and the name of the organization or agency represented, if any.
(b) The appeal shall set forth the specific reason, rationale, and/or basis for the
appeal.
Page 25 of 169
Ordinance Amending PMC 23.35.070 - 2
(c) Payment of the appeal fee in the amount of $200.00 shall occur at the time the
appeal is filed.
(3) In addition to the exhibits submitted, the City may submit a responsive memorandum to
the Hearing Examiner and provide copies to the other parties at least one (1) day prior to the
hearing.
(34) If the appeal has been timely filed and complies with the requirements of
subsection (2) of this section, the Hearing Examiner shall conduct an open record appeal hearing
into the merits of the appeal, at which time the Hearing Examiner shall hear and receive
testimony, documentary evidence, and arguments from the appellant(s) parties solely on the
issues raised or identified by the appeal.
(a) The person(s) filing the appeal shall have the burden of going forward with the
evidence and the ultimate burden of persuasion.
(b) Notice of any open record appeal hearing held pursuant to this section shall be
provided as specified in PMC 25.210.040to the parties at least fourteen (14) days prior to
the hearing.
(c) The Hearing Examiner may continue the open record appeal hearing from time to
time without further mail or delivered notice.
(d) The Hearing Examiner shall maintain an electronic record of the testimony and
arguments presented and a record of any physical evidence/documents presented.
(e) The Hearing Examiner’s decision shall be rendered within ten (10) working days
of the conclusion of an open record appeal hearing unless a longer period is agreed to by
the appellant parties. This will be the effective date of the decision.
(f) The Hearing Examiner’s decision shall include findings of fact and conclusions in
support of the decision.
(g) The Hearing Examiner’s decision under this section may be to grant or deny the
appeal in whole or in part, or to remand the threshold determination to the responsible
official for reconsideration.
(h) Appeal hearings held by the Hearing Examiner pursuant to this section shall be de
novo.
(i) The Hearing Examiner’s decision shall become final unless timely appealed by an
aggrieved party within 10 working days from the effective date of the decision.
(45) Appeal of the final decision of the Hearing Examiner under this section shall be to the
superior court of Franklin County.
Page 26 of 169
Ordinance Amending PMC 23.35.070 - 3
(56) Substantial Weight Accorded Responsible Official. The procedural determinations made
by the City’s responsible official shall carry substantial weight in any appeal proceeding under
this chapter.
(67) Record. For any appeal to superior court under this chapter, the City shall provide for a
record that shall consist of the following:
(a) Findings and conclusions;
(b) Testimony under oath; and
(c) A taped or written transcript, the cost of which shall be borne by the appellant;
and
(d) Admitted exhibits.
(78) Exhaustion of Remedies. SEPA appeal procedures, as provided herein, must be utilized
prior to judicial review of the SEPA decision.
(9) Appeal of intermediate steps prohibited. Appeal of the intermediate steps under SEPA
(e.g., lead agency determination, scoping, draft EIS adequacy) shall not be allowed.
(10) One administrative appeal permitted. Only one administrative appeal of a threshold
determination or of the adequacy of an EIS shall be permitted under these rules; successive
administrative appeals on these issues are not allowed. This limitation does not apply to
administrative appeals before another agency.
(11) Scope of appeals limited. Appeals on SEPA procedures shall be limited to review of a
final threshold determination and final EIS. These appeals may occur prior to an agency's final
decision on a proposed action.
(12) Appeal to be consolidated with underlying permitted action. In any appeal, except that of
a threshold determination, the appeal shall consolidate any allowed appeals of procedural and
substantive determinations under SEPA with a hearing or appeal on the underlying governmental
action in a single simultaneous hearing before the Hearing Examiner. This hearing shall be one at
which the Hearing Examiner will consider either the agency's decision or a recommendation on
the proposed underlying governmental action.
(13) Consolidated appeals required. Any appeal of a procedural or substantive determination
under SEPA issued at the same time as the decision on a project action shall be filed within
fourteen (14) days after a notice of decision under RCW 36.70B.130 or after other notice that the
decision has been made and is appealable. In order to allow public comment on a DNS prior to
requiring an administrative appeal to be filed, this appeal period shall be extended for an
additional seven days if the appeal is of a DNS for which public comment is required under this
chapter. For threshold determinations issued prior to a decision on a project action, any
Page 27 of 169
Ordinance Amending PMC 23.35.070 - 4
administrative appeal shall be filed within fourteen (14) days after notice that the determination
has been made and is appealable.
(14) Conflict with other City rules. In the event any of the SEPA appeal rules conflict with
other sections of Pasco Municipal Code, the SEPA appeal rules shall govern, except for
consolidated appeals. For consolidated appeals, the timelines here shall govern unless PMC
4.02.100 provides for a longer time period, in which case the longer period shall govern.
(15) Conflict with SEPA statute and regulations. In the event any of the City’s SEPA rules
conflict with any portion of WAC 197-11, RCW 43.21C, or RCW 36.70B, the rules contained in
the State statutes and regulations shall govern. [Ord. 3765 § 2, 2006; Ord. 3297 § 8, 1998; Ord.
2886 § 1, 1992; Ord. 2512 § 1, 1984; Code 1970 § 23.07.070.]
Section 2. This ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, this ______ day of __________ 2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: _____________________
Page 28 of 169
AGENDA REPORT
FOR: City Council March 10, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/15/21
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: *Resolution - Professional Services Agreement with TCA, Inc. for
Architectural and Engineering Services for Fire Department Facilities
I. REFERENCE(S):
Proposed Resolution
Exhibit A - PSA with TCA Architecture Planning, Inc.
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I approve to move Resolut the authorizing ____, No. City ion
Manager to sign and execute a professional services agreement with TCA
Architecture Planning, Inc., PS, for architecture and engineering services for
future fire stations.
III. FISCAL IMPACT:
Any fiscal impact of this agreement will be determined by negotiation of a
statement of work (SOW) with TCA Architecture Planning, Inc.
2021-2022 biennial budget allocation:
LTGO Bond - $449,000
Internal Funds - $ 39,115
Total - $488,115
IV. HISTORY AND FACTS BRIEF:
City staff solicited Request for Qualifications (RFQ) from firms to provide
architectural and engineering services to the Pasco Fire Department for a
period representinpanel, staff 2022. through 2021 of A the Executive g
Department, Fire Department, Building Department and City Engineers’ Office,
reviewed from (4) four received firms. the scored and responses TCA
Architecture Planning, Inc. was the high scoring firm. Also of note, TCA
Architecture Planning, Inc. was the Architecture Design firm selected for Fire
Page 29 of 169
Station Nos. 83 & 84.
V. DISCUSSION:
As Council is aware, there is potential for one or more fire station projects
within the City in the next few years. Possible locations for stations include the
King City area, and on Road. 100 depending on the pace of development in
either area.
To expedite the selection process and be positioned to move quickly, if and
when funds become available for these projects, it was decided to contract for
architect and engineering services over a time frame rather than project -
specific. Staff desires to replicate, to the extent possible, the current design of
the new Fire Station No. 83. By procuring the same firm, the cost of services
will be reduced and the lessons learned from the previous project will be
carried forward to future fire station projects.
While the intent is to utilize the same floor plan in future stations, the location of
the future stations may require modifications to blend with the surrounding
neighborhoods or to account for site considerations.
Staff recommends that Council approve the proposed Professional Services
Agreement (PSA) with TCA Architecture Planning, Inc. and further, authorize
the City Manager to sign and execute the PSA and future statements of work
within approved budgets for the projects.
Page 30 of 169
Resolution – PSA with TCA Architecture Planning, Inc., PSA
Fire Station Design - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH TCA ARCHITECTURE
PLANNING, INC., PS, FOR ARCHITECTURE AND ENGINEERING
SERVICES FOR FUTURE FIRE STATIONS
WHEREAS, the City of Pasco, Washington requires professional services from an
architecture, planning and design firm for the purpose of design services for future fire stations;
and
WHEREAS, the City of Pasco has published an advance announcement of its Request for
Qualifications (RFQ) related to its general need for professional services for future fire stations as
required by RCW 39.80.030; and
WHEREAS, after a staff panel for the City of Pasco reviewed and scored responses
received from four (4) firms, it determined the most highly qualified firm to be TCA Architecture
Planning, Inc., PS; and
WHEREAS, the City of Pasco has negotiated a fair and reasonable contract with TCA
Architecture Planning, Inc., PS, based on the estimated value of the services including their scope,
complexity, and professional nature; and
WHEREAS, TCA Architecture Planning, Inc., PS, will provide services for amounts
budgeted within the 2021-2022 adopted biennial budget; and
WHEREAS, the City of Pasco Fire Department is in need of design services for future fire
stations; and
WHEREAS, the City of Pasco hereby finds that TCA Architecture Planning, Inc., PS, is
the most highly qualified firm to perform the necessary architectural and engineering services
related to future fire stations, and the negotiated contract is both fair and reasonable
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That this Agreement is approved to allow TCA Architecture Planning, Inc., PS,
to provide professional services as described within Exhibit A.
Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized,
empowered, and directed to sign and execute the PSA with TCA Architecture Planning Inc., PS,
for anticipated design needs related to future fire station projects on behalf of the City of Pasco.
Page 31 of 169
Resolution – PSA with TCA Architecture Planning, Inc., PSA
Fire Station Design - 2
PASSED by the City Council of the City of Pasco, Washington this ___ day of March,
2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 32 of 169
PROFESSIONAL SERVICES AGREEMENT
Fire Department Design Services for 2021 thru 2022
THIS AGREEMENT is made and entered into this ______ day of March, 2021, between
the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as “City”, and TCA
Architecture Planning, hereinafter referred to as “Consultant.”
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including: technical and professional expertise,
when required, to perform the services and/or tasks as set forth in this Agreement upon which the
City is relying; and
WHEREAS, the City has, consistent with RCW 39.80, published an announcement related
to its need for continued Architectural and Engineering services, evaluated Consultants current
performance data, and has determined that Consultant is the most highly qualified firm to perform
continued Architectural and Engineering services related to design of fire stations; and
WHEREAS, the City Council has found that the contract with Consultant is both fair and
reasonable in light of the duties to be performed and the Consultant’s performance data.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
1. Scope of Services. The Consultant shall perform such services and accomplish such tasks,
including the furnishing of all labor, materials, facilities and equipment necessary for full
performance thereof, as identified and designated as Consultant’s Responsibilities
throughout this Agreement, and as more particularly described as providing Architectural
Design and Engineering services for Fire Department building design as addressed in the
attached RFQ for Fire Station Design Services (Attachment 1)
2. Term. This Project shall begin on March _______, 2021, and be completed at a time
mutually agreed between the City and the Consultant.
3. Compensation and Payment.
3.1 Payment for services provided hereunder shall be made following the performance
of such services. Such payment shall be full compensation for work performed or
Page 33 of 169
Page 2 of 20
services rendered, and for all labor, materials, supplies, equipment, and incidentals
necessary to complete the Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by a
written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performed under this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
issued. Payment shall occur within thirty (30) days of receipt and approval of an
invoice.
3.4 The City shall pay the Consultant for all work performed and expenses incurred under
this Agreement, as follows.
☐ Hourly (Single Rate): $__________ per hour plus actual expenses incurred as
provided under this Agreement, but not to exceed a total of $____________
without prior written authorization by the City; or
☐ Hourly (Multiple Rate): Such rates as identified on Exhibit ____, plus actual
expenses incurred as provided under this Agreement, but not to exceed a total
of $_____________ without the prior written authorization by the City; or
☐ Fixed Sum: or
☒ Other: An agreed Rough Order of Magnitude (ROM) amount for each and
any project that a ROM is requested.
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall furnish
to the City such statements, records, studies, surveys, reports, data, and information
as the City may request pertaining to matters covered by this Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit reports
made by the agency or firm as to the Consultant’s activities. The City may, at its
discretion, conduct an audit at its expense, using its own or outside auditors, of the
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Page 3 of 20
Consultant’s activities which relate, directly or indirectly, to this Agreement.
Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all registration
documents necessary for the performance of its work and for the execution of services
at its own expense, and shall maintain its validity. Upon request, the Consultant shall
deliver to the City copies of these licenses, registration documents, and/or proof of
their issuance or renewal.
4.4 Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Agreement, and shall maintain such accounting procedures and practices as may be
necessary to assure proper accounting of all funds paid pursuant to this Agreement.
These records shall be subject, at all reasonable times, to inspection, review, or audit
as provided above.
4.5 The Consultant shall retain all books, records, documents or other material relevant
to this Agreement for three (3) years after its expiration. Consultant agrees that the
City, or its designee, shall have full access and right to examine any of said materials
at all reasonable times during this period.
5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and documents
made, collected, or prepared by the Consultant for performing the services subject to
this Agreement, as well as any final product, collectively referred to as “work
product,” shall be deemed as the exclusive property of the City, including copyright
as secured thereon. Consultant may not use them except in connection with the
performance of the services under this Agreement or with the prior written consent
of the City. Any prior copyrighted materials owned by the Consultant and utilized in
the performance of the services under this Agreement, or embedded in with the
materials, products and services provided thereunder, shall remain the property of the
Consultant subject to a license granted to the City for their continued use of the
products and services provided under this Agreement. Any work product used by the
Consultant in the performance of these services which it deems as “confidential,”
“proprietary,” or a “trade secret” shall be conspicuously designated as such.
5.2 In the event of Consultant’s default, or in the event that this Agreement is terminated
prior to its completion, the work product of the Consultant, along with a summary of
the services performed to date of default or termination, shall become the property of
the City, and tender of the work product and summary shall be a prerequisite to final
payment under this Agreement. The summary of services provided shall be prepared
at no additional cost, if the Agreement is terminated through default by the
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Page 4 of 20
Consultant. If the Agreement is terminated through convenience by the City, the City
agrees to pay Consultant for the preparation of the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW
“Public Records Act.” All preliminary drafts or notes prepared or gathered by the
Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or public citation by the City in connection with City action.
6.2 If the Consultant becomes a custodian of public records of the City and request for
such records is received by the City, the Consultant shall respond to the request by
the City for such records within five (5) business days by either providing the records,
or by identifying in writing the additional time necessary to provide the records with
a description of the reasons why additional time is needed. Such additional time shall
not exceed twenty (20) business days unless extraordinary good cause is shown.
6.3 In the event the City receives a public records request for protected work product of
the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena, provide
Consultant at least ten (10) business days prior written notice of the pending release
and to reasonably cooperate with any legal action which may be initiated by the
Consultant to enjoin or otherwise prevent such release.
7. Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject to
the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant. No
agent, employee, officer or representative of the Consultant shall be deemed to be an
employee, agent, officer, or representative of the City for any purpose, and the
employees of the Consultant are not entitled to any of the benefits or privileges the
City provides for its employees. The Consultant will be solely and entirely
responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City’s general rights of
inspection and review to secure the satisfactory completion thereof.
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Page 5 of 20
7.3 The Consultant shall perform its services consistent with the professional skill and
care ordinarily provided by architects practicing in the same or similar locality under
the same or similar circumstances. The Consultant shall perform its services as
expeditiously as is consistent with such professional skill and care and the orderly
progress of the Project.
The Consultant shall comply with all State and Federal laws including, but not limited
to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any employee,
agent or servant from employment on this Project who, in the City’s sole discretion,
may be detrimental to the City’s interest.
8. Indemnification.
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, agents, employees, and volunteers from any and all claims and causes of
action, including, but not limited to, actions of law or administrative proceedings for
all injuries to persons or damages to property, and all losses, damages, demands, suits,
judgments, including attorney fees, arising out of, or as a result of, or in connection
with the work performed under this Agreement, and caused or occasioned in whole
or in part by reason of errors, negligent acts or omissions of the Consultant or its
subcontractors in the performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City, its officers, employees, agents, and
volunteers.
8.2 Should a Court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injuries or damages to property caused by or resulting from the concurrent negligence
of the Consultant, and the City, its officers, employees, agents and volunteers, the
Consultant’s liability and obligation to defend hereunder shall only be the
proportionate extent of the Consultant’s negligence.
8.3 It is further agreed that the indemnification provided herein constitutes the
Consultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification.
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Page 6 of 20
8.4 No liability shall attach to the City by reason of entering into this Agreement except
as expressly provided herein.
8.5 This indemnification shall include damages, penalties and attorney fees sustained as
a result of Consultant’s delayed or failed performance of Section 6 above.
8.6 This waiver has been mutually negotiated by the parties, and the provisions of this
section shall survive the expiration or termination of this Agreement.
9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, or subcontractors.
9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types
described below:
9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage.
If necessary, the policy shall be endorsed to provide contractual liability
coverage.
9.1.2 Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors and personal injury and advertising injury. The City
shall be named as an insured under the Consultant’s Commercial General
Liability insurance policy with respect to the work performed for the City.
9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant’s profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance
limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no less
than:
☐ $1,000,000 each occurrence;
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☐ $2,000,000 general aggregate; or
☒ $1,000,000 each occurrence; and $2,000,000 general aggregate
9.2.3 Professional Liability insurance shall be written with limits no less than:
☐ $1,000,000 per claim;
☐ $1,000,000 policy aggregate limit; or
☒ $1,000,000per claim; and $2,000,000 per policy aggregate limit
9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability, Professional Liability,
and Commercial General Liability insurance:
9.3.1 The Consultant’s insurance coverage shall be primary insurance as respects
the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Consultant’s insurance and shall
not contribute with it.
9.3.2 The Consultant’s insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written notice
by certified mail, return receipt requested, has been given to the City.
9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
9.5 Verification of Coverage. Consultant shall furnish the City with original certificates
and a copy of the amendatory endorsements, including but not necessarily limited to
the additional insured endorsement, evidencing the insurance requirements of the
Consultant before commencement of the work.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory, mental
or physical handicap; provided that the prohibition against discrimination in employment
because of handicap shall not apply if the particular disability prevents the proper
performance of the particular worker involved. The Consultant shall ensure that applicants
are employed, and that employees are treated during employment in the performance of this
Agreement without discrimination because of their race, creed, color, national origin, sex,
marital status, age or the presence of any sensory, mental or physical handicap. Consultant
shall take such action with respect to this Agreement as may be required to ensure full
compliance with local, State and Federal laws prohibiting discrimination in employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor
retained any company, firm, or person, other than a bona fide employee working exclusively
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for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to
pay any company, person or firm, other than a bona fide employee working exclusively for
the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, the City shall have the right to terminate this Agreement.
12. Assignment and Subcontracting.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. Neither the Consultant or City shall assign
(or subcontract other than as specifically identified in Exhibit A) its performance
under this Agreement or any portions of this Agreement without the prior written
consent of the other party, which consent must be sought at least thirty (30) days prior
to the date of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local, State
and Federal statutes, ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement, must
have prior written approval by the City.
13. Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) business days written notice
in advance of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in
this Agreement, or if the Consultant fails to comply with any other provisions of this
Agreement and fails to correct such noncompliance within five (5) business days of
written notice thereof, the City may terminate this Agreement for cause. Termination
shall be effected by serving a notice of termination on the Consultant setting forth the
manner in which the Consultant is in default. The Consultant will only be paid for
services and expenses complying with the terms of this Agreement, incurred prior to
termination.
14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
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14.2.1 Personal service upon the Project Administrators.
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City: Adam Lincoln or his designee
P. O. Box 293
525 North 3rd Ave.
Pasco WA 99301
lincolna@pasco-wa.gov (e-mail address)
14.3.2 For the Consultant: Brian Harris, or his designee
6211 Roosevelt Way NE
Seattle, WA 98115
brian@tca-inc.com (e-mail address)
15. Dispute Resolution.
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington, and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of Washington.
15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation
of this Agreement, the Project Administrators, or their designees, shall first meet in a
good faith effort to resolve such dispute. In the event the dispute cannot be resolved
by agreement of the parties, with or without the assistance of mediation, said dispute
shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both
parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco,
Franklin County, Washington. The substantially prevailing party shall be entitled to
its reasonable attorney fees and costs as additional award and judgment against the
other.
16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other similar event or
other provision of this Agreement.
17. Integration. This Agreement between the parties consists in its entirety of this document
and any exhibits, schedules or attachments verified by initials as a part of Exhibits A and B.
Any modification of this Agreement or change order affecting this Agreement shall be in
writing and signed by both parties.
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18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first written above.
CITY OF PASCO, WASHINGTON CONSULTANT:
TCA ARCHITECTURE
PLANNING INC., PS
________________________________ ________________________________
Dave Zabell, City Manager Brian Harris
ATTEST:
______________________________________
Debra Barham, City Clerk
APPROVED AS TO FORM:
_______________________________________
Kerr Ferguson Law PLC, City Attorney
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Attachment 1
Fire Department
525 N Third Avenue
Pasco, WA 99301
Phone 509.544.3080
REQUEST FOR QUALIFICATIONS
FIRE STATION DESIGN SERVICES
FOR 2021 through 2022
Project #CP5-FR-23-
RESPONSE DUE: January 20, 2021 at 2:00pm
January 2021
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TABLE OF CONTENTS
1 Information and Instructions .......................................................................................................................... 133
1.1 Invitation to Propose .............................................................................................................................. 133
1.2 Intent of the City ..................................................................................................................................... 144
1.3 Submittal ................................................................................................................................................ 144
1.4 Late Submittals and Modifications ......................................................................................................... 144
1.5 Withdrawal of Submittals ....................................................................................................................... 144
1.6 Conditions Affecting the Work ............................................................................................................... 144
1.7 Explanations for Submitting Consultants ............................................................................................... 144
1.8 City Representatives .............................................................................................................................. 155
1.9 Form of Submittals ................................................................................................................................. 166
1.10 Basis for Selection ................................................................................................................................. 166
1.11 Professional Services Agreement ......................................................................................................... 177
2 Scope of Work ............................................................................................................................................... 177
2.1 Background ............................................................................................................................................ 177
2.2 Purpose.................................................................................................................................................. 177
2.3 Scope Description .................................................................................................................................. 177
2.4 City Responsibilities ............................................................................................................................... 177
3 Requirements and Qualifications ................................................................................................................... 188
3.1 Submittal Requirements ........................................................................................................................ 188
3.2 Consultant Qualifications ....................................................................................................................... 188
4 Consultant Selection Procedures .................................................................................................................. 199
4.1 Evaluation Criteria ................................................................................................................................. 199
4.2 Interview Criteria .................................................................................................................................. 2010
APPENDIX A: PROFESSIONAL SERVICES AGREEMENT ...............................A-Error! Bookmark not defined.1
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Information and Instructions
Invitation to Propose
The City of Pasco, Washington (City) Fire Department is soliciting Statements of Qualifications (SOQ) to provide
design services for design and bid documents for the construction of future Pasco Fire Department Stations.
Specifically, the design services related to this RFQ are to implement the current design from Station 83 Schematic
Design attached which is incorporated herein by this reference and retrievable at https://www.pasco-
wa.gov/bids.aspx?bidID=157. The objective of this Request for Qualifications (RFQ) is to provide sufficient
information to enable qualified Consultants to submit a written SOQ that demonstrates recent experience in design
involving fire stations.
Future funding for the actual construction of additional stations is unsecured at this time.
The City of Pasco, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to
2000d-4 and Title 49, Code of Federal Regulations, hereby notifies all bidders that it will affirmatively ensure that in
any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR
Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated
against on the ground of race, color, national origin, or sex in consideration for an award.
Submitting Consultants deemed most qualified to undertake the services required under this RFQ may be invited
to provide a presentation to the City of Pasco interview team.
City of Pasco, Washington
____________________________________________
Prepared by Samantha McCanse – Procurement Specialist
____________________________________________
Reviewed by ___________
____________________________________________
Approved by Bob Gear – Fire Chief
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Intent of the City
The objective of this RFQ is to provide sufficient information to enable qualified Consultants to submit a written
Statement of Qualifications that demonstrates recent experience in designing fire stations.
The anticipated timeframe to begin construction of this project is currently undetermined at this time but is
anticipated to be in the 1st ¼ of 2022 for at least one station. The current total CI P project estimate (includes CIP
design and construction, other CIP costs, and the City’s contributions) is $6 million; the estimate provided herein is
to show the rough order of magnitude for this project.
This RFQ is not a contractual offer, nor is it a commitment to purchase services. Contents of this RFQ and the
Consultant’s submittal will be used as the basis to determine final contractual obligations. It is understood that this
RFQ and the successful Consultant’s submittal may be attached or included by reference, in part or in whole, to
any agreement regarding the services included in this RFQ between the City and said Consultant.
Submittal
For the safety and wellbeing of the City, during the pandemic, we are only accepting submissions via email .
Email submissions to the City Clerk:
cityclerk@pasco-wa.gov
Subject line: REQUEST FOR QUALIFICATIONS: FIRE STATION 85 DESIGN SERVICES
Late Submittals and Modifications
Submittals and modifications thereof received after the stated time of closing may be returned unopened. The City
is not responsible for late deliveries. Time of closing will be determined per the Pacific Time Clock at
http://www.time.gov/ .
Withdrawal of Submittals
Submittals may be withdrawn by written request up to one (1) hour after the stated time of closing, as mentioned
above. Determination of the one-hour grace period shall be calculated based on the same refer ence as identified
in Section 01.4.
Conditions Affecting the Work
Before submitting a Statement of Qualifications, each submitting Consultant is advised to:
A. Examine this RFQ document thoroughly.
B. Review and be familiar with this project.
C. Familiarize himself/herself with federal, state, and local laws, ordinances, rules, and regulations that may –
in any manner – affect the cost, progress, or performance of the work.
D. Study and carefully correlate said Consultant’s observations with the RFQ response.
Failure to do so will not relieve any Consultant from any contractual obligations of the work described herein.
Explanations for Submitting Consultants
There are twelve (12) pages in this RFQ, including the cover sheet and table of contents; each is sequentially
numbered in the bottom right corner of the page (Pages 1 through 11, and A-1 through A-7). It is the responsibility
of the submitting Consultant to ensure that all pages are included. If any pages are missing, the Consultant should
immediately request a copy of the missing page(s) by emailing the request to the City Representatives listed in
Section 1.8. Please write “FIRE STATION 85 – DESIGN SERVICES” in the subject line. It is the responsibility of
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the Consultant to procure missing pages; submittals based on incomplete information will not be granted exception
for any faults deriving thereof.
Any explanation desired by a submitting Consultant regarding the meaning or interpretation of the RFQ, or any part
thereof, must be requested in writing (via email) and directed to all City Representatives listed in Section 01.8, no
less than 72 hours prior to the time that submittals are due. Any interpretation made will be in the form of an
addendum to the RFQ, issued by the City and will be posted to the City Website – http://www.pasco-
wa.gov/Bids.aspx . It is the sole responsibility of the Consultant to obtain any RFQ updates or addenda.
City Representatives
Bob Gear – Fire Chief
City of Pasco
525 N 3rd Avenue
Pasco, WA 99301
gearb@pasco-wa.gov
Samantha McCanse, Procurement Specialist
City of Pasco
525 N 3rd Avenue
Pasco, WA 99301
mccanses@pasco-wa.gov
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Form of Submittals
To assist in the evaluation process, submittals shall co nform to the following:
1) The submittal shall be limited to a maximum of 10 numbered pages (5 double-sided pages).
2) All pages will be counted towards the page total, except for the front cover, back cover, tab pages, resumes,
references, and the cover letter. The cover letter shall be limited to a maximum of 1 double-sided page.
3) All pages shall be printed on 8½” x 11” size paper and shall be printed double-sided.
4) Font shall be “Arial” no smaller than “10 point”. Use of an alternate font or a size smaller that 10-point will
result in a 50% score reduction. The body of this RFQ is written in “Arial 10-point” as example.
5) Margins on all edges should be a minimum of 0.75-inches.
Basis for Selection
A. General
The selection will be based on demonstrated experience an d qualifications from similar projects. For the purpose
of this RFQ, “similar projects” shall mean design and design implementation of similar buildings. The Consultant
shall demonstrate the ability to implement design of buildings similar to the Station 83 Schematic Design. The
Consultant must also demonstrate the ability to work closely with City staff to ensure a successful completion of the
project.
B. Selection Committee
The Selection Committee will be made up of three (3) or more City selected individuals and may include the City
Representatives listed in Section 01.8 of this RFQ.
C. Ranking:
1) Submittals will be ranked based on the following categories:
a. Project Understanding and Approach
b. Project Team Experience and Qualifications
Qualifications of Proposed Project Manager and Expertise of Firm
c. Project Management History and Plan
Past performance/references
d. Cost Estimating and Cost Control History
Ability to effectively manage contractors
e. Understanding of federal, state and local process requirements
f. Presentation, Organization and Clarity of Response to Request for Qualification Submittal
2) Should the City elect to conduct an interview for shortlisted candidates, interviews will be judged based on:
a. Project Team Presentation and Organization
b. Project Management, Teamwork, and Communication
c. Demonstration of project understanding and project approach
d. Questions and Answers
3) Final Selection:
a. The Consultant judged to be the most qualified based on all of the information presented and evaluated
will be selected
b. The selected Consultant shall be notified in writing. No other method shall be considered to be official
notification of selection by the City
c. The selection of the committee shall be final
The City reserves the right to make a selection based solely on the information contained in the written submittal.
The City further reserves the right to either interview selected Consultants or request additional information to help
in determining the most qualified Consultant. The City may make a selection based on any combination of written
or interview evaluations.
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The City reserves the right to reject any or all of the submittals. If the City elects to select one of the submitting
Consultants, the City will have the right to negotiate with said submitting Consultant over the final terms and
conditions of the contract in the best interest of the City. The primary objective of the negotiations is to maximize
the City’s ability to obtain the best value, based on the requirements and evaluations relating to this RFQ. If an
agreement cannot be reached, the negotiations will be terminated and simil ar negotiations will occur with the
second-ranked submitting Consultant.
Professional Services Agreement
The successful Consultant will be required to sign the City's Professional Services Agreement, a copy of which is
enclosed to this RFQ in Appendix A. Please write “FIRE STATION 85 – DESIGN SERVICES" in the subject line for
all emails and correspondence related to this project. All submitting Consultants are directed to carefully review the
Professional Services Agreement before preparing their submittal, as the successful Consultant will not be able to
significantly modify the wording of the City's Professional Services Agreement. The successful Consultant's refusal
to sign the City's Professional Services Agreement will render their submission nonrespo nsive, all dialogues will be
immediately terminated, and negotiations will begin with the second ranked submitting Consultant.
Scope of Work
Background
Due to its rapid and continued growth, The City of Pasco has the need to build an additional fire station.
Purpose
This RFQ will be issued for the purpose of soliciting qualified Consultants to provide design services for an
existing design, the Station 83 and Station 84 Schematic Design, and bid documents for the construction of Pasco
Fire Department Station 85. The selected Consultant shall be responsible for performing all tasks necessary to
complete the work, and all other efforts described herein.
Scope Description
The selected firm will provide a detailed design implementation plan and prepare contract bid documents for the
requested improvements. This initial contract, at the City’s discretion, may be amended or expanded to continue
beyond the cost modeling, design concept phase and construction documents, to include construction
administration or other required services to complete the project. In this event, the selected firm will be required to
possess the proper and applicable professional registrations for design in the State of Washington.
City Responsibilities
City staff will assist the selected Consultant where possible, but said Consultant should anticipate and be
prepared to be completely self-reliant in accomplishing the tasks associated with this RFQ. The City will provide,
when available, project information and any other associated project documents, as well as base information
(such as original survey, base map with existing utility data, City Standards, etc.).
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Requirements and Qualifications
Submittal Requirements
Formatting of the submittal shall be as set forth in Section 01.9 of this RFQ. In addition to these formatting
requirements, per Section 04.1 the following items, at a minimum, shall be included in the submittal:
A. Project Understanding & Approach:
1) Provide a statement of project understanding which shall cover but not be limited to:
a. Understanding of need of the project.
b. Project challenges, pitfalls, and issues.
c. Level of commitment the Consultant believes is necessary for this project.
2) Provide a description of the Consultant’s ability to develop creative solutions utilizing previous
projects that had similar challenges, pitfalls, and issues as an example.
B. Project Team Experience & Qualifications
1) Qualifications of the proposed project team members on projects of similar size and complexity.
Submitted resumes shall not exceed one page in length per team member. Resumes are not
counted in the overall page total. DO NOT submit resumes for employees who will not actively work
on this project.
2) Demonstration of working knowledge in the design services for fire stations.
3) Project History Matrix:
a. List of completed projects of similar size and complexity within the last 5 years. Dat es for each
project shall be clearly indicated.
b. Include the proposed project team member’s roles in these projects.
c. Client name and phone number.
4) Include a listing of proposed sub-consultants with their portion of the work identified and a
demonstration of the appropriate sub-consultant qualifications. Provide sub-consultant references
with phone numbers.
5) References: Provide names and phone numbers of a minimum of three references. References
should have direct experience with the Project Manager and other proposed key team members
on projects of similar complexity and size. The references are not included in the sheet count for
the submittal.
6) Project Management: Provide documentation of effective project management techniques, project
cost control and scheduling tools, and project communications on completed projects of similar
nature and scope.
Consultant Qualifications
The required minimum qualifications for submitting Consultants are as follows:
A. Staff shown in the organization chart should currently possess all applicable certifications and licensing
from the State of Washington required to complete the project.
B. Knowledge of all applicable Federal, State, and local regulations and standards.
C. Minimum of 5 years’ experience in providing design services on similar projects.
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Consultant Selection Procedures
Evaluation Criteria
A. Submittals received by the City of Pasco will be reviewed by the Selection Committee, and will be
evaluated based upon criteria including, but not limited to, the following:
CATEGORY Points
PROJECT UNDERSTANDING & APPROACH
a. Consultant’s Statement of Qualifications (SOQ) indicates a clear understanding of the
project, and provides the following information:
Perspective of the project’s biggest challenges.
Approach and methods of practice they intend to utilize. If alternative
solutions/methods to the approved City plans are proposed, please provide
information on how this alternative approach would benefit the City.
Insight, historic knowledge, or previous efforts performed on this specific
project.
Capacity to recognize “project specific” issues and develop creative solutions
to address them. Provide examples of challenges and resulting solutions
from previous projects.
25
PROJECT TEAM EXPERIENCE & QUALIFICATIONS
a. Consultant’s SOQ provides specific management experience and their value of
effective safety, quality, leadership, communication, team building, and other human
resource skills that are necessary for any successful project team. Consultant should
identify the key personnel and highlight roles and responsibilities of team members
involved in producing deliverables and day-to-day activities.
At a minimum, a Project History Matrix, level of commitment (including
availability w/ current and upcoming projects), and team member resumes
(including sub-consultants) should be identified when highlighting the
involvement of the team individually and as a whole.
b. Consultant’s SOQ provides proven experience in competency area with project
examples over the last 5 years. This includes a track record of projects managed and
current projects (if any). Include their magnitude, size, and complexity. Provide
independent references (i.e. contact names, email, telephone number, etc.). NOTE:
Do not use City selected members as references.
For project examples, discuss the planned and actual timeline; if a project
timeline is extensive, provide reasoning for its duration. NOTE: Years of
experience do not necessarily always imply a good competency rating.
Provide lessons learned, positive and adverse experiences, and conflict
resolution.
c. Consultant’s SOQ identifies team members who will maintain responsibility of
applying accepted/standard project management tools used for project scope,
schedule, and cost management. Provide insight to Consultant’s current work
processes used and their success. Consultant should also provide examples of
schedule and cost performance and how their techniques will benefit the City.
25
20
20
PRESENTATION, ORGANIZATION AND CLARITY OF RFQ SUBMITTAL
a. The organization of the SOQ submittal and the manner in which information is
presented in the submittal will be evaluated as an indication of the Consultant’s ability
to assemble clear and concise documents and to present the project to the City.
NOTE: SOQs should be written for a General Public and Engineering audience; please
do not attempt to address/influence a specific audience-member(s).
10
TOTAL 100
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Interview Criteria
Should the City elect to conduct interviews with short-listed candidates, Consultants should plan for the
following:
1) Interview format (if used):
a. 20-minute presentation
b. 30 minutes for questions and answers
c. The proposed Project Manager shall lead the presentation (Consultant).
d. Presentation team shall have a maximum of three (3) people.
e. The City may elect to conduct a phone interview without the requirement of a presentation
2) Presentation: The objective of the interview will be to clearly demonstrate the Consultant’s
qualifications to complete the project to the satisfaction of the City. The prese ntation shall be brief
and concise and shall include but shall not be limited to:
a. A demonstration of project understanding, objectives, and challenges.
b. A presentation of how the team proposes to manage this project and successfully keep the
project on schedule and within budget.
c. A description of how the Project Manager and the team propose to work and communicate with
the City and the public throughout the project.
d. Following a review of the submittals, the City may establish specific requirements and conten t
for the interview to further aid in the determination of the Consultant’s qualifications.
e. Questions: The selection team may prepare a list of standard questions for the interview.
Additional questions may be developed based on the Consultant’s Statement of Qualifications
to clarify information submitted.
The City will then negotiate a specific scope of services, fees, and schedule with the selected Consultant.
If an agreement cannot be reached with the first selected Consultant, the City will terminate n egotiations
with said Consultant and open negotiations with the second ranked Consultant. The compensation
discussed with one Consultant is confidential and will not be discussed or disclosed with others.
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City of Pasco February 25, 2021
A/E Fees - Fire Station 85
Exhibit A
FEE BASIS and BREAKDOWN
Design Process
Schematic Design (13% x Base Fee)32,520$
Design Development (20% x Base Fee)76,500$
Construction Documents (36% x Base Fee)159,900$
Bidding (2% x Base Fee)8,885$
Construction Admin/Closeout (29% x Base Fee)128,850$
Design Process Total 406,655$
Interior design, Furninshings, Signage Desgin & Coordination 5,000$
Specialty Subconsultants
Civil Engineering 39,700$
Landscape Design 21,000$
Geotech by City
Survey by City
Data/Communications/Engineering 3,000$
Paging/Alerting Systems 3,000$
Independent Estimating by City
Traffic Engineering by City
Specialty Consultant 10% handling fee 6,670$
Printing/Postage/Delivery/Travel/Mark-up - TCA 12,000$
Total Consultant Fee 497,025$
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AGENDA REPORT
FOR: City Council March 10, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/15/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Ordinance - Sawyers Rezone - RS-12 to R-S-1 (Z 2020-008)
I. REFERENCE(S):
Current Ordinance
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: legal the correcting No. _____, adopt to move I Ordinance
description of Ordinance No. 4517, and further, authorize publication by
summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On February 1, 2021, Council approved Ordinance No. 4517, changing the
zoning of a parcel of land located at 925 Road 40 (APN # 119 -132-073) within
the City of Pasco from RS-12 (Suburban) to R-S-1 (Suburban).
On February 4, 2021, an error was discovered in the legal description of
Ordinance No. 4517, as follows:
The South 1½ Acres of the North 3 acres of the West ½ of the Southwest
¼ of the Northeast ¼ of the Southeast ¼ of Section 23 Township 09
North, Range 30 East W.M., within the City of Pasco, Franklin County,
Washington. (Parcel #119-132-073).
Note the that Rangeand Township, Section, designation was entered
incorrectly by staff as ". . . Section 23 Township 09 North, Range 30 East
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W.M." and should instead read ". . . Section 23 Township 09 Nor th, Range 29
East W.M."
V. DISCUSSION:
Staff recommends that the attached proposed ordinance be approved
correcting the legal description of Ordinance No. 4517 to read as follows:
The South 1½ Acres of the North 3 acres of the West ½ of the Southwest
¼ of the Northeast ¼ of the Southeast ¼ of Section 23 Township 09
North, Range 3029 East W.M., within the City of Pasco, Franklin County,
Washington. (Parcel #119-132-073).
Staff will be working with the City Attorney's office to research and develop
standard wording for future ordinances that a llow minor scrivener's errors to be
corrected administratively.
Page 55 of 169
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
ORDINANCE NO. 4517
AFN # 1931293 ORDIN
02/03/2021 11: 14 AM
4 Page(s) $106.50
Matt Beaton, Auditor
Franklin Co., WA
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
REZONING THE SOUTH 1 ½ ACRES OF THE NORTH 3 ACRES OF THE
WEST ½ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF THE
SOUTHEAST ¼ OF SECTION 23 TOWNSHIP 09 NORTH, RANGE 30 EAST
W.M., LOCATED AT 925 ROAD 40 (APN # 119-132-073), FROM RS-12
(SUBURBAN) TO R-S-1 (SUBURBAN)
WHEREAS, the petitioner seeks to rezone a parcel located at 925 Road 40; and
WHEREAS, a complete and adequate petition for change of zoning classification having
been received by the City and an open record hearing having been conducted by the Pasco Hearing
Examiner upon such petition on the 13th day of January, 2021; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that:
(A)the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (B)
the effect of the proposal on the immediate vicinity is not materially detrimental and (C) there is
merit and value in the proposal for the community as a whole; the Hearing Examiner developed
findings which are hereby adopted by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map,
accompanying and being part of said Ordinance shall be and hereby is changed from RS-12
(Suburban) to R-S-1 (Suburban) for the real property as shown in Exhibit 1 attached hereto and
described as follows:
Ordinance -Sawyers Rezone RS-12 to R-S-1 - 1
Page 56 of 169
The South 1 ½ Acres of the North 3 acres of the West ½ of the Southwest ¼ of the
Northeast¼ of the Southeast¼ of Section 23 Township 09 North, Range 30 East
W.M., within the City of Pasco, Franklin County, Washington. (Parcel #119-132-
073).
Section 2. This Ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this !51 day of February,
2021.
�d-d-saul Martinez
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
Published __ .a-t-/�t-t�-!�ZD--?J�---
Ordinance -Sawyers Rezone RS-12 to R-S-1 - 2
APPROVED AS TO FORM:
Page 57 of 169
Exhibit Item: Rezone -RS-12 to R-S-1 N
Applicant: Gerald Craig Sawyers W+E #1 File #: Z 2020-008 s
I �
0 co 'SI" M � 0 0 <( <( 0 0 a:: a::
W ELLA ST
M
0
<( 0 a::
��
\ � R-S-1 � �
em¥-l!IM1;r,.s
-�
� W LEOLA ST
�
-W PEARL ST -W-P·f:'-AFtt-', T�1 I I I ' 0
�
'SI" 0 kl 70 140 280 420 56( <(
I - -I .._ 0 a:: Feet \,( Page 58 of 169
FRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
City of Pasco
525 N. Third Avenue
Pasco, WA 99301
FORM COMPLETED BY: Krystle Shanks, Deputy City Clerk
PLEASE PRINT OR TYPE INFORMATION:
DOCUMENT TITLE(S) (or transaction contained therein)
1.Ordinance No. 4517
2. Z 2020-008
3.RS-12 to R-S-1
GRANTOR(S) (Last name, first name, middle name/initials):
1.Citv of Pasco
2.
3.
4.D Additional names on page of document
GRANTEE(S) (Last name, first name, middle name/initials):
1.Gerald Craig Sawyers
2.
3.
4.D Additional names on page of document
PHONE# (509) 544-3096
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
S 1 1/2 ACRES OF N 3 ACRES OF W2SW4NE4SE4 23-9-29 D Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
119-132-073D Additional parcel numbers on page of document
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the
document to verify the accuracy or completeness of the indexing information
EMERGENCY NONSTANDARD REQUEST
I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in
RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
Signature Date
Page 59 of 169
Ordinance – Correction to Sawyers Rezone Ord - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
CORRECTING THE LEGAL DESCRIPTION OF ORDINANCE NO. 4517.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 1 of Ordinance No. 4517 shall be and hereby is amended to read
as follows:
Section 1. The Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map,
accompanying and being part of said Ordinance shall be and hereby is changed from RS-12
(Suburban) to R-S-1 (Suburban) for the real property as shown in Exhibit A attached hereto
and described as follows:
The South 1 ½ Acres of the North 3 acres of the West ½ of the Southwest ¼ of the
Northeast ¼ of the Southeast ¼ of Section 23 Township 09 North, Range 3029 East
W.M., within the City of Pasco, Franklin County, Washington. (Parcel #119-132-
073).
Section 2. This Ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
Page 60 of 169
Ordinance – Correction to Sawyers Rezone Ord - 2
PASSED by the City Council of the City of Pasco, this ______ day of _______________
2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published _____________________
Page 61 of 169
CITY LIMITS0 140 280 420 56070Feet"Exhibit A"Item: Rezone - RS-12 to R-S-1Applicant: Gerald Craig SawyersFile #: Z 2020-008Page 62 of 169
AGENDA REPORT
FOR: City Council March 10, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/15/21
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: *Resolution - Purchase and Sale Agreement - Rd 76 Kelly Property
I. REFERENCE(S):
Resolution
Purchase and Sale Agreement
Site Plan
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ______, authorizing the purchase
of 3.6 acres of land located at 2220 Road 76, and further, authorize the City
Manager to execute the Purchase Sale Agreement with Blue Gem Farms.
III. FISCAL IMPACT:
Approximately $385,000, not including costs to close the property.
IV. HISTORY AND FACTS BRIEF:
In order to adequately prepare to both provide and improve the conveyance of
public works infrastructure to residents, both within and outside of the Pasco
City Limits, the City of Pasco Public Works Department seeks opportunities for
land purchases for placement of various infrastructure in order to meet the
needs of residents.
This property was discussed with City Council during an executive session
taking place on February 8, 2021, resulting in staff receiving concurrence to
move forward with purchase of the property.
V. DISCUSSION:
In order to allocated future provision of sanitary sewer infrastructure to serve
Page 63 of 169
residents in this area of the City, Public Works staff determined the subject
property to be ideally located for future placement of a lif t station. It is
anticipated that the City will only utilize a small portion of the property, with
subsequent use up to and including development to be determined at a later
date.
Page 64 of 169
Resolution - Purchase Sale Agreement – Rd 76 Kelly Property
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE PURCHASE OF 3.6 ACRES LOCATED AT 2220
ROAD 76, PASCO, WASHINGTON
WHEREAS, landowners of property located at 2220 Rd. 76, Pasco, WA., have authorized
sale of their property for the amount of three-hundred and eighty-five thousand dollars ($385,000),
and
WHEREAS, through discussion of mutual goals of the Pasco Public Works Department
for future locations of vital sanitary sewer infrastructure to serve this area of the community, and
WHEREAS, the City has reviewed the Purchase and Sale Agreement and all associated
exhibits attached thereto, and
WHEREAS¸ the City has appropriated funding for purchase in the amount of the listing
price.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the attached Purchase and Sale agreement is satisfactory to the goals and budget for
the City of Pasco and the purchase of the subject property is advantageous to the City, and
Be It Further Resolved that the City Manager is hereby authorized to execute the Purchase
and Sale agreement attached hereto as Exhibit “A.”
PASSED by the City Council of the City of Pasco this ___ day of __________, 2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Ferguson Law PLLC
City Clerk City Attorney
Page 65 of 169
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J&J Kelly Construction , Inc. And/or assigns
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2220 Rd 76, Pasco, WA 99301
385,000.00
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Rachael Hannah
March 11, 2021 X
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Century 21-Tri-Cities
KEELY STERBA
(509)572-2426 (509)572-8492
NEWContracts@c21-tc.com
keely.s@c21-tc.com
113219 18512
Blue Gem Farms
8707 Cord
Pasco, WA 99301
5094920208
Century 21-Tri-Cities
Keely Sterba
(509)572-8492 (509)572-8492
NEWContracts@c21-tc.com
keely.s@c21-tc.com
113219 18512
Century 21-Tri-Cities, 1020 N Center Parkway Ste A Kennewick WA 99336 (509)572-8492 Alejandra Ramos
Keely Sterba
Page 66 of 169
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J&J Kelly Construction , Inc. And/or assigns
Blue Gem Farms
2220 Rd 76, Pasco, WA 99301
X Land Loan
X 20.000
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Century 21-Tri-Cities, 1020 N Center Parkway Ste A Kennewick WA 99336 (509)572-8492 Alejandra Ramos
Keely Sterba
Page 75 of 169
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Century 21-Tri-Cities, 1020 N Center Parkway Ste A Kennewick WA 99336 (509)572-8492 Alejandra Ramos
Keely Sterba
Page 78 of 169
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January 25, 2021
J&J Kelly Construction , Inc. And/or assigns
Blue Gem Farms
2220 Rd 76, Pasco, WA 99301
TBD
TBD
Franklin County Irrigation Dist.
Basin Disposal
Franklin PUD
TBD
Century 21-Tri-Cities, 1020 N Center Parkway Ste A Kennewick WA 99336 (509)572-8492 Alejandra Ramos
Keely Sterba
Page 79 of 169
First Amendment To
Purchase & Sale Agreement
Commercial Brokers Association
ALL RIGHTS RESERVED
CBA Form PSA | Addendum to PSA
Rev. 7/2020
Page |1 1
The ollowing is part o the Purchase and Sale Agreement with Re erence Date January 26, 2021
between J & J Kelly Construction &/or Assigns (“Buyer”) and Blue Gem Farms (“Seller”) regarding
the sale o the property located at 2220 Road 76 in the City o Pasco, Franklin County,
Washington (the “Property”).
IT IS AGREED BETWEEN THE BUYER AND SELLER AS FOLLOWS:
Buyer assigns their interest in the above re erenced contract to City o Pasco.
Buyer’s Broker or this transaction will be Rob Ellsworth | SVN Retter & Company.
Purchase to be cash and no inancing will be involved.
All other terms and conditions o the contract shall remain the same.
City o Pasco will pay J&J Kelly Construction $5,000 to reimburse or deposited earnest money.
That payment will occur prior to March 15, 2021.
City o Pasco’s in o as shown below:
Buyer
Contact: Zach Ratkai
Address: 523 N. 3rd Ave
Pasco, WA 99301
Phone: 509.537.2078
Email: ratkaiz@pasco-wa.gov
Selling Firm
Name: SVN | Retter & Company
Listing Broker: Rob Ellsworth
Address: 329 N. Kellogg
Kennewick, WA 99336
Phone: 509.430.2378
Email: Rob@RobEllsworth.com
Buyer/Assignor Date
Assignee/New Buyer Date
Seller Date
Page 80 of 169
Page 81 of 169
Page 82 of 169
AGENDA REPORT
FOR: City Council February 24, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/15/21
FROM: Maria Serra, Director
Department Manager
SUBJECT: *Resolution - Ecology Water Quality Combined Financial Assistance
Agreement - WWTP Design
I. REFERENCE(S):
Resolution
Loan Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ________, authori zing the City
Manager Quality Water the to and sign Combined execute Financial
Assistance Agreement with the Department of Ecology for the design of
Wastewater Treatment Plant Improvements Project Phases 1 and 2.
III. FISCAL IMPACT:
of distribution the in will result proposed the of Execution agreement
$4,932,429.00 in Department of Ecology’s State Revolving Fund low interest
loan for the design of Wastewater Treatment Plant Improvements project
Phases 1 and 2.
IV. HISTORY AND FACTS BRIEF:
The funding award is provided by Department of Ecology for the design of
Phases 1 and 2 of the Wastewater Treatment Plant (WWTP) Improvements
project (also known as Clean Water Preservation project – phases 1 and 2).
Funds available after execution of the contract will cover costs incurred for pre-
construction activities on this project from January 2020 onwards. The loan has
a 20-year repayment period and an interest rate of 1.2%.
This project will improve water quality in the Columbia River t hrough the design
of wastewater treatment facilities at the Pasco Wastewater Treatment Plant
Page 83 of 169
(WWTP) in the City of Pasco. This project will include the design of upgrades
to and expansion of the City’s municipal WWTP. Improvements will focus on
the secondary treatment process, solids handling and treatment systems, UV
disinfection facility, and river outfall piping and diffuser.
The overall goal is to protect water quality in the Columbia River, by treating
sewage at the Municipal WWTP to permit levels prior to discharge to the River.
V. DISCUSSION:
Staff recommends approval of the Resolution, authorizing execution of the
Department of Ecology Financial Assistance Agreement for the design of
Phases 1 and 2 of the WWTP Improvements project.
Page 84 of 169
Resolution – Department of Ecology – Assistance Agreement - 1
RESOLUTION NO. _______
A RESOLUTION AUTHORIZING EXECUTION OF THE WATER
QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT WITH
THE DEPARTMENT OF ECOLOGY FOR THE WASTEWATER TREATMENT
PLANT IMPROVEMENTS (CLEAN WATER PRESERVATION) PROJECT
PHASE 1 & 2.
WHEREAS, this project improves water quality in the Columbia River through the design
of wastewater treatment facilities at the Pasco Wastewater Treatment Plant (WWTP) in the City
of Pasco; and
WHEREAS, this project includes the design of upgrades to and expansion of the City’s
municipal WWTP. Improvements will focus on the secondary treatment process, solids handling
and treatment systems, UV disinfection facility, and river outfall piping and diffuser; and
WHEREAS, the City’s overall goal is to protect water quality in the Columbia River, by
treating sewage at the Municipal WWTP to permit levels prior to discharge to the River; and
WHEREAS, Ecology awarded a low interest loan to the City in the amount of $4,932,429
which will allow the City to design phases 1 and 2 of the WWTP improvements and fulfill the
requirements of the NPDES permit for current and projected flows and loads, upon execution of
the Funding Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. The City Council of the City of Pasco hereby authorizes the City Manager for
the City of Pasco to execute the Water Quality Combined Financial Assistance Agreement with
The Department of Ecology, a copy of which is attached hereto as Exhibit A, to make minor
substantive adjustments, and to take all necessary steps required to complete this Agreement; and
Be It Further Resolved, that this Resolution shall be in full force and effect upon adoption.
PASSED BY the City Council of the City of Pasco, Washington this 15th day of March
2021.
________________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 85 of 169
Clean Water Preservation Project, Phases 1 and 2
Agreement No. WQC-2021-Pasco-00020
WATER QUALITY COMBINED FINANCIAL ASSISTANCE 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 Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and City of Pasco, hereinafter referred to as the “RECIPIENT,” to carry out with the provided
funds activities described herein.
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project improves water quality in the Columbia River through the design of wastewater treatment facilities at the
Pasco Wastewater Treatment Plant (WWTP) in the City of Pasco. This project includes the design of upgrades to and
expansion of the City’s municipal WWTP. Improvements will focus on the secondary treatment process, solids
handling and treatment systems, UV disinfection facility, and river outfall piping and diffuser.
Project Long Description:
This project improves water quality in the Columbia River through the design of wastewater treatment facilities at the
Pasco Wastewater Treatment Plant (WWTP) in the City of Pasco. This project includes the design of upgrades to and
expansion of the City’s municipal WWTP. Improvements will focus on the secondary treatment process, solids
handling and treatment systems, UV disinfection facility, and river outfall piping and diffuser.
$4,932,429.00
$4,932,429.00
$4,932,429.00
$0.00
01/01/2020
12/31/2023
Wastewater Facility
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Agreement No:
Project Title:
Recipient Name:
The City of Pasco’s Municipal WWTP is the lone facility responsible for the treatment and beneficial reuse of the City’s
residential and commercial wastewater and operates under NPDES Permit WA -004496-2. This project will allow the
City to fulfill the requirements of their NPDES permit.
Overall Goal:
To protect water quality in the Columbia River, by treating sewage at the Municipal WWTP to permit levels prior to
discharge to the River.
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Agreement No:
Project Title:
Recipient Name:
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
Organization Fax:
City of Pasco
91-6001264
009974598
PO Box 293
Pasco, WA 99301
525 N Third Ave
worleys@pasco-wa.gov
(509) 543-5728
Billing Contact
Authorized
Signatory
Project Manager
Daniel Ford
City Engineer
525 N Third Ave
Pasco, Washington 99301
Email: fordd@pasco-wa.gov
Phone: (509) 545-3444
Charlene Sandland
Staff Accountant
PO Box 293
525 N. 3rd Avenue
Pasco, Washington 99301
Email: sandlandc@pasco-wa.gov
Phone: (509) 545-3428
Maria Serra
CIP Manager
525 N Third Ave
Pasco, Washington 99301
Email: serram@pasco-wa.gov
Phone: (509) 545-3444
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Agreement No:
Project Title:
Recipient Name:
Contacts
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Project
Manager
Financial
Manager
Technical
Advisor
Cynthia Wall
4601 N Monroe Street
Spokane, Washington 99205-1295
Email: cywa461@ecy.wa.gov
Phone: (509) 329-3537
Tammie McClure
PO Box 47600
Olympia, Washington 98504-7600
Email: tmcc461@ecy.wa.gov
Phone: (360) 407-6410
Diana Washington
4601 N Monroe Street
Spokane, Washington 99205-1295
Email: DWAS461@ecy.wa.gov
Phone: (509) 329-3519
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Agreement No:
Project Title:
Recipient Name:
SCOPE OF WORK
Task Number:1 Task Cost: $5,000.00
Task Title:Grant and Loan Administration
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements .
Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; the EAGL (Ecology Administration of Grants and Loans ) recipient
closeout report; and a two-page outcome summary report (including photos, if applicable). In the event that the RECIPIENT
elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and
management of this funding agreement.
B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement ,
contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and
compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required
performance items. This documentation shall be available upon request.
C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information
in the EAGL system. The RECIPIENT shall carry out this 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 or 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.
* Properly maintained project documentation.
Recipient Task Coordinator: Maria Serra, PE / Sr. Engineer
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Agreement No:
Project Title:
Recipient Name:
Deliverables
Grant and Loan Administration
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges or changes in the project schedule. Submitted at least quarterly.
12/31/2023
1.2 Recipient Closeout Report (EAGL Form)12/31/2023
1.3 Two-page Outcome Summary Report 12/31/2023
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Agreement No:
Project Title:
Recipient Name:
SCOPE OF WORK
Task Number:2 Task Cost: $4,927,429.00
Task Title:Design Phase 1 and 2
Task Description:
A. The RECIPIENT will procure engineering services in accordance with state law . The RECIPIENT will include
ECOLOGY’s specification insert in the contract documents . The RECIPIENT must upload all contracts for engineering
services to EAGL before ECOLOGY will provide reimbursement for work performed under this task .
B. The RECIPIENT will design the Phase 1 and 2 secondary treatment process and outfall improvements. Plans and
specifications developed by the RECIPIENT must be consistent with the requirements of Chapter 173-240 WAC. Elements
of the design will include:
Phase 1 Improvements:
1. Primary effluent reroute modification
2. Expanded aeration basin influent channel
3. Two new aeration basins with internal baffles, fine bubble diffusers, anoxic selector zones with mechanical mixers and mixed
liquor recycle system
4. Retrofit of two existing aeration basins to match configuration of new basins
5. Return Activated Sludge system modification
6. Expanded aeration basin effluent splitter structure
7. Air piping modifications and expansion
8. New high speed turbo blowers
9. Blower building expansion
10. Outfall improvements including effluent flowmeter facility and replacement of approximately 1,200 lineal feet of outfall piping
(in-land work only)
11. Electrical, instrumentation and controls upgrades
12. Demolition of existing rock trickling filter, trickling filter pump station and intermediate clarifier sludge pumps
Phase 2 Improvements:
1. Mechanical waste activated sludge thickening improvements
2. Mechanical dewatering addition
3. Replace existing UV system with higher capacity UV system
4. New Columbia River diffuser and replacement of approximately 1,000 lineal feet of outfall piping
5. Electrical, instrumentation and controls upgrades
6. Demolition of existing intermediate clarifier
C. The plans and specifications, construction contract documents, and addenda will be approved by the RECIPIENT prior to
submittal for ECOLOGY review. All construction plans submitted to ECOLOGY for review and approval will be reduced to
no larger than 11" x 17" in size. All reduced drawings will be completely legible. The project manager may request plans be
submitted in either PDF or AutoCAD electronic format, and specifications in a searchable PDF or Microsoft Word electronic
file. A current construction cost estimate will be submitted along with each plan /specification submittal. The project manager
may request a spreadsheet in electronic file format.
D. The RECIPIENT will conduct appropriate environmental reviews of the project . The RECIPIENT will provide a complete
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Agreement No:
Project Title:
Recipient Name:
SERP information package with a SERP Cover Sheet at the time plans and specification are submitted to ECOLOGY for
approval. The RECIPIENT will include the SEPA checklist and threshold determination, documentation of public participation,
required cultural resources form, and required Environmental Justice information.
E. As a condition of receiving this funding, the RECIPIENT will review their energy use looking for cost effective energy
savings. The recipient may also submit documentation of an energy efficiency review conducted within the last 5 years.
F. The RECIPIENT will conduct appropriate cultural resources reviews of the project . The RECIPIENT will provide a
05-05/106 Cultural Resources Review form. The RECIPIENT will provide any additional information for ECOLOGY to lead
the required cultural resources consultation.
Task Goal Statement:
See Overall Goal.
Task Expected Outcome:
See Overall Goal.
Deliverables
Design Phase 1 and 2
Number Description Due Date
2.1 Executed contract(s) for engineering services and documentation of the
RECIPIENT’s process for procuring engineering services .
2.2 Two copies of the draft and final design for Ecology approval.
2.3 Complete SERP Information Package.
2.4 Documentation of an energy efficiency review.
2.5 05-05/106 Cultural Resources Review form.
2.6 Inadvertent Discover Plan.
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Agreement No:
Project Title:
Recipient Name:
Title:
State
CWSRF-SFY21 (State)
Type:
Funding Source %:
Description:
100%
The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State Revolving
Fund (SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part K).
Washington State administers the program under Chapter 173-98 WAC. The portion of
this project funded with this funding distribution comes from non-federal source and are
not subject to Federal Funding Accountability and Transparency Act (FFATA) and Single
Audit Act (SAA). However, this project is subject to the federal requirements outlined in
Section 4 and 5 of agreement terms and conditions.
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant?
Approved State Indirect Rate: 30%
0%
No
No
No
Effective Interest Rate: 1.2% Interest Rate: 0.9% Admin Charge: 0.3%
Terms:20 years
Project Start Date: 01/01/2020 Project Completion Date: 12/31/2023
Estimated Initiation of Operation date:
Loan Security:
Final Accrued Interest:
Final Loan Amount:
Repayment Schedule Number:
12/31/2023
Revenue Secure Lien Obligation of the Recipient
$
$
287
BUDGET
Funding Distribution EL210165
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
SRF Loan
01/01/2020 12/31/2023
Loan
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Agreement No:
Project Title:
Recipient Name:
SRF Loan Task Total
Grant and Loan Administration 5,000.00$
Design Phase 1 and 2 4,927,429.00$
4,932,429.00$Total:
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Agreement No:
Project Title:
Recipient Name:
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%4,932,429.00 4,932,429.000.000.00SRF Loan
Total $$0.00 4,932,429.00 $4,932,429.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
“Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to
be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an
Administrative Charge Account .
“Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of
Ecology Grants and Loans at the signing of this agreement.
“Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all
principal due on such bonds or loans in such year.
“Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years of
the loan to the last scheduled maturity of the loan divided by the number of those years.
“Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests
include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral
rights.
“Centennial Clean Water Program” means the state program funded from various state sources .
“Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the
project.
“Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water
quality problem as described in Chapter 173-98-730 WAC.
“Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and
money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
“Effective Date” means the earliest date on which eligible costs may be incurred .
“Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge .
“Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT .
“Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount.
“Equivalency” means projects designated by ECOLOGY to meet additional federal requirements .
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“Expiration Date” means the latest date on which eligible costs may be incurred.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through
such time as the loan is officially closed out and a final loan repayment schedule is issued .
“Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project Completion
Date.
“Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan
Amount.
“Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower .
“General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
“General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid
general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax
limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries
of the RECIPIENT.
“Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of
the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement
Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other
obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or
refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with
other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States
Government under the Internal Revenue Code.
“Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is
funded.
“Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the loan
begins to operate for its intended purpose.
“Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
“Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable.
“Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan .
“Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan .
“Loan Term” means the repayment period of the loan .
“Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be
operated and maintained in good repair, working order, and condition including payments to other parties, but will not include
any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes .
“Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense.
“Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents .
“Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund
to be first used to repay the principal of and interest on the loan.
“Project” means the project described in this agreement.
“Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed .
This term is only used in loan agreements.
“Project Schedule” means that schedule for the project specified in the agreement.
“Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a
general obligation of the RECIPIENT.
“Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and
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Recipient Name:
condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of
and interest on the loan.
“Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to a
RECIPIENT or project.
“Scope of Work” means the tasks and activities constituting the project .
“Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution .
“Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of
execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the
date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim
or lien of the loan, subject only to Maintenance and Operation Expense.
“State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established
by Chapter 90.50A.020 RCW.
“Termination Date” means the effective date of ECOLOGY’s termination of the agreement .
“Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding
balance of the loan and all accrued interest.
“Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to be
eligible for ECOLOGY grant or loan funding, including any required recipient match.
“Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for
ECOLOGY grant or loan funding.
“ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions
to and extensions and betterments of the Utility.
“ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into
the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID
Assessments will include principal installments and any interest or penalties which may be due.
“Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net
Revenue of which is pledged to pay and secure the loan.
SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED
FINANCIAL ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on
ECOLOGY’s Water Quality Program website.
A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter
39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring qualified
architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final
architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project:
a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the
type of ownership interest that has been acquired.
b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding
assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington ) shall
be incorporated into the agreement before final payment.
c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser
interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY ,
on behalf of the State of Washington . The documents required will depend on the project type, the real property rights being
acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use
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Recipient Name:
language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide
a copy of the recorded document to ECOLOGY.
Documentation Options:
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or use
the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on
the draft language prior to executing the deed of right.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and
habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by
reference in the easement document.
3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights
directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will
depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing
the easement or lease.
d. Real Property Acquisition and Relocation Assistance .
1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded
projects.
2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and
conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter 8.26
RCW, and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1)
above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to
provide any housing and relocation assistance required.
e. Hazardous Substances.
1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site
for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify:
i. No hazardous substances were found on the site, or
ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,
and the site is deemed “clean.”
2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set
forth in RCW 70.105D.
3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and /or
agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any
and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of,
hazardous substances on the property the RECIPIENT is acquiring .
f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses
The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed,
maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were
approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or
a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the
length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case,
the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner
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Recipient Name:
agreement.
C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be
delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance
Funding Guidelines available on ECOLOGY’s Water Quality Program funding website .
D. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide
Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form
and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about
the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180 or
email PayeeRegistration@ofm.wa.gov.
E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved
construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase . All equipment
purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported
on the Equipment Purchase Report in EAGL.
F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section
319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs,
acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects
addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from
ECOLOGY’s Financial Manager upon request .
G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the
requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of
compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this
change within 30 days.
H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the
project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.”
The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request .
I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this
agreement.
J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or
water quality project outcomes and the status of long-term environmental results or goals from the project approximately three
years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the RECIPIENT to
request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate the project, as
part of this assessment.
K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this
agreement. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends ,
completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make
satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or
increase oversight measures.
L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be
consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for
Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed
practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY.
SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER
FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS.
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The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY :
1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website.
2. “Section 319 Initial Data Reporting” form in EAGL.
A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this
agreement can be signed by Ecology. This form is used to gather general information about the project for EPA .
B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT shall
provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and follow
usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo
or seal graphic file, the RECIPIENT may sent a request to their Ecology Financial Manager .
To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS are
encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are
allowable, provided the costs are reasonable.
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement:
“This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance
agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views
and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute
endorsement or recommendation for use.”
C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in
EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has
completed the form. This form is used to gather information on best management practices (BMPs) installed and associated
pollutant load reductions that were funded as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension
cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and
approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration
date.
SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF)
LOAN FUNDED PROJECTS ONLY.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records)
in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards
Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in
Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .”
B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646,
as amended by the Surface Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable
regulations and procedures of the federal agency implementing that Act .
C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an
independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT
must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after
receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be submitted using
the Federal Audit Clearinghouse’s Internet Data Entry System available at :
https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single audit
submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/.
D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional
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requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800).
E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall
have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their
organization’s information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project
closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration ,
and more frequently if information changes.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply
with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s
Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance
with the following six good faith efforts shall be retained:
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable
through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs , this shall include
placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation
by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for
bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date.
3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged
Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged
Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these
firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request .
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin or sex in the
performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and
administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these
requirements is a material breach of this agreement which may result in the termination of this contract or other legally available
remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections .
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the
Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101
et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or
policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared
ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure
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this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers,
vendors, and any other entity for work or services pertaining to this agreement.
“The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The
Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded
under Environmental Protection Agency financial agreements . Failure by the Contractor to carry out these requirements is a
material breach of this Contract which may result in termination of this Contract or other legally available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders
list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts,
including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this
agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable
accommodations and an equal and effective opportunity to benefit from or participate in a program , including those offered
through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems
or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished
function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities,
including those who use assistive technology.
H. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences , meetings, conventions or training
seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel
Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at
http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act.
Pursuant to 15 USC 2225a.
I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of
trafficking in persons during the period of time this agreement is effective . This includes, but is not limited to, the procurement of
a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from
any source alleging a violation under this provision.
SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED
PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY :
1. Financial Capability Assessment Documentation
2. Opinion of RECIPIENT’s Legal Council
3. Authorizing Ordinance or Resolution
4. Federal Funding Accountability and Transparency Act (FFATA) Form
5. CWSRF Federal Reporting Information form available in EAGL
6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or stormwater
facility construction)
7. Cost and Effectiveness Analysis Certification Form
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the
design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which
would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or which
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would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration,
maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.)
The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States . Iron and
Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers
and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast
concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the
Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY . This provision
does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17,
2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with this provision .
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including the
RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT shall
submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be
signed by ECOLOGY.
D. Equivalency Projects: (For designated equivalency projects only)
1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter
11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap11.pdf).
E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification
before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY
Financial Manager or on the Water Quality Program website .
F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the
RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance
agreements nationwide. The signage guidance can be found at:
http://www.ecy.wa.gov/programs/wq/funding/FundPrgms/CWSRF/SignageGuidanceJune2015.pdf.
G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property
damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the
buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or
privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried
by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an
insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss.
H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or
enjoin:
(i) the execution of this agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID
Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured
loans and general obligation payable from special-assessment-secured loans); or
(iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are
authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their
respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed,
revoked, or rescinded.
I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan , unless
terminated earlier according to the provisions herein.
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan
agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment
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schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest
to the computation date.
The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest
based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a
365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that
each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over the
term of this loan “Loan Term” as outlined in this agreement .
J. Loan Repayment:
Sources of Loan Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below
and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and
unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the repayment
of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants , agreements, and attachments
contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT
payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a
vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT .
4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall
constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any
Senior Lien Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a
lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever .
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it .
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not
affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan , it shall be required to use the proceeds thereof immediately upon their
receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY
finds that repayment from those additional sources would not be in the public interest.
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall
incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give
ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan .
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and
interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation
date, whichever comes first.
Thereafter, equal payments shall be due every six months.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies ,
the payment shall be due on the next business day for Washington State agencies .
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
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P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager .
No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment
to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment
is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement .
2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement
remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent
per month on the past due amount starting on the date the debt becomes past due and until it is paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on
defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal
balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount . Any
prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the
Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT
shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office .
K. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and
Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations
pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount
of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation
Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer
system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax
limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT
in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of
and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy
and collection of those taxes and the prompt payment of that principal and interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special
assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the
RECIPIENT in excess of any constitutional or statutory limitations .
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the
loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID Assessments
in the ULID, to pay when due the principal of and interest on the loan.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID
Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan.
L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in
good repair, working order, and condition.
M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the RECIPIENT”
to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form.
N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in
whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the
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Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors
shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar
in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for
bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated
into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language
regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain
records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain
records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request.
O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following
verification statement in the “General Comments” text box of each progress report.
“We verify that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of
Ecology. This includes but is not limited to:
- The Davis-Bacon Act, 29 CFR (If applicable)
- Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients)
- The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33”
P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection
with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct.
There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the
RECIPIENT, which has not been disclosed in writing to ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform all
of its obligations under this agreement and to undertake the project identified herein.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and
warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the
financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan ,
have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be disclosed in
writing to ECOLOGY by the RECIPIENT in its request for payment.
Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works,
plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded
Utility unless:
1. The facilities or property transferred are not material to the operation of the funded Utility, or have become
unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary,
material, or useful to the operation of the funded Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more
than three percent of the total assets of the funded Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the
net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount
of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the
portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period.
4. Expressed written agreement by the ECOLOGY-.
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The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to
and betterments and extensions of the Utility.
R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT
shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to
ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system .
2) Prohibit inflow of stormwater into separated sewer systems.
3) Require that new sewers and connections be properly designed and constructed.
S. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the
RECIPIENT of all of its obligations under this loan agreement . The RECIPIENT shall be in default of its obligations under this
loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it
by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the
RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the “Termination
Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and , when applicable, the date
by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the “Termination Payment
Date”).
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole
discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all
accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest
on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the
Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding.
Repayments not made immediately upon such acceleration will incur Late Charges .
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after
acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any state
funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment of the
loan.
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Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment)
acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance,
ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property .
Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings,
maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of ECOLOGY,
become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials.
Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any
actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any
obligation by the RECIPIENT, under this agreement.
Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and
other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the
prevailing party as that term is defined in Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY’s exercise of any or all of the termination or default remedies provided in this
agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or
the state of Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for
the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined .
T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement
a user-charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its
proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The
user-charge system will include provisions for a connection charge .
In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides
adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to
repay the loan.
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. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
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5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to 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 five
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 funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required 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 signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1.Procure or obtain;
2.Extend or renew a contract to procure or obtain; or
3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf> , section 889, covered
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telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or
services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in
the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list.
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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
1.ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent
and character of all work and services.
2.AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3.ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources .
The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural
artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
•For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor
Executive Order 05-05, Archaeology and Cultural Resources.
•For projects with any federal involvement, if required, comply with the National Historic Preservation Act .
•Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site.
b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
•Keep the IDP at the project site.
•Make the IDP readily available to anyone working at the project site .
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•Discuss the IDP with staff and contractors working at the project site .
•Implement the IDP when cultural resources or human remains are found at the project site .
c)If any archeological or historic resources are found while conducting work under this Agreement :
•Immediately 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 while conducting work under this Agreement :
•Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, and then the
ECOLOGY Program.
e)Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting cultural resources and human remains.
5.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7.COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e)ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof,
has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement ,
as appropriate, or upon completion of an audit as specified herein.
j)RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial, performance, and
other reports required by this agreement. Failure to comply may result in delayed reimbursement.
8.COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
Washington which affect wages and job safety .
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b)RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance 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
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, 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 that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies 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 state
procurement law or the RECIPIENT's normal procedures may be disallowed 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 funding program of an appeal request .
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d)ECOLOGY reviews the RECIPIENT’s appeal.
e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
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Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12.ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
•Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs 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 review and approval before the start of the work .
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata 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 Court of Thurston County.
14.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15.INDEPENDENT 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 and will not for any purpose be employees, volunteers, or agents of the other
party.
16.KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
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(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 following actions, when possible, in any procurement under this Agreement :
a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b)Divide the total requirements, when economically 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 participation of qualified minority and
women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18.ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) 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"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19.PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) 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
online communications, such as web pages, blogs, 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 distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20.PROGRESS REPORTING
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b)RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c)RECIPIENT shall use ECOLOGY’s provided progress report format .
d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
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quarter being reported.
e)RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
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 this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied 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
materials 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 Property 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 payment 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 setoff by
the RECIPIENT for the fair market value of such property .
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g)Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
22.RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
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 expenditures related to this Agreement .
d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
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Project Title:
Recipient Name:
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 discrepancies 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 invoiced. 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 subject 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 payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a 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 liability to repay monies will be reduced by an amount reflecting the fair value 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 must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
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 RECIPIENT . RECIPIENT shall 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 Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable 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, hosting low impact
meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
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Agreement No:
Project Title:
Recipient Name:
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails 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 RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c)By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
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Recipient Name:
d)In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT 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 work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29.THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30.WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
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Resolution – Department of Ecology – Assistance Agreement - 1
RESOLUTION NO. _______
A RESOLUTION AUTHORIZING EXECUTION OF THE WATER
QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT WITH
THE DEPARTMENT OF ECOLOGY FOR THE WASTEWATER TREATMENT
PLANT IMPROVEMENTS (CLEAN WATER PRESERVATION) PROJECT
PHASE 1 & 2.
WHEREAS, this project improves water quality in the Columbia River through the design
of wastewater treatment facilities at the Pasco Wastewater Treatment Plant (WWTP) in the City
of Pasco; and
WHEREAS, this project includes the design of upgrades to and expansion of the City’s
municipal WWTP. Improvements will focus on the secondary treatment process, solids handling
and treatment systems, UV disinfection facility, and river outfall piping and diffuser; and
WHEREAS, the City’s overall goal is to protect water quality in the Columbia River, by
treating sewage at the Municipal WWTP to permit levels prior to discharge to the River; and
WHEREAS, Ecology awarded a low interest loan to the City in the amount of $4,932,429
which will allow the City to design phases 1 and 2 of the WWTP improvements and fulfill the
requirements of the NPDES permit for current and projected flows and loads, upon execution of
the Funding Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. The City Council of the City of Pasco hereby authorizes the City Manager for
the City of Pasco to execute the Water Quality Combined Financial Assistance Agreement with
The Department of Ecology, a copy of which is attached hereto as Exhibit A, to make minor
substantive adjustments, and to take all necessary steps required to complete this Agreement; and
Be It Further Resolved, that this Resolution shall be in full force and effect upon adoption.
PASSED BY the City Council of the City of Pasco, Washington this 15th day of March
2021.
________________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
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Agreement No. WQC-2021-Pasco-00020
WATER QUALITY COMBINED FINANCIAL ASSISTANCE 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 Washington, Department of Ecology, hereinafter
referred to as “ECOLOGY,” and City of Pasco, hereinafter referred to as the “RECIPIENT,” to carry out with the provided
funds activities described herein.
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project improves water quality in the Columbia River through the design of wastewater treatment facilities at the
Pasco Wastewater Treatment Plant (WWTP) in the City of Pasco. This project includes the design of upgrades to and
expansion of the City’s municipal WWTP. Improvements will focus on the secondary treatment process, solids
handling and treatment systems, UV disinfection facility, and river outfall piping and diffuser.
Project Long Description:
This project improves water quality in the Columbia River through the design of wastewater treatment facilities at the
Pasco Wastewater Treatment Plant (WWTP) in the City of Pasco. This project includes the design of upgrades to and
expansion of the City’s municipal WWTP. Improvements will focus on the secondary treatment process, solids
handling and treatment systems, UV disinfection facility, and river outfall piping and diffuser.
$4,932,429.00
$4,932,429.00
$4,932,429.00
$0.00
01/01/2020
12/31/2023
Wastewater Facility
Exhibit A
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Agreement No:
Project Title:
Recipient Name:
The City of Pasco’s Municipal WWTP is the lone facility responsible for the treatment and beneficial reuse of the City’s
residential and commercial wastewater and operates under NPDES Permit WA -004496-2. This project will allow the
City to fulfill the requirements of their NPDES permit.
Overall Goal:
To protect water quality in the Columbia River, by treating sewage at the Municipal WWTP to permit levels prior to
discharge to the River.
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Agreement No:
Project Title:
Recipient Name:
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
Organization Fax:
City of Pasco
91-6001264
009974598
PO Box 293
Pasco, WA 99301
525 N Third Ave
worleys@pasco-wa.gov
(509) 543-5728
Billing Contact
Authorized
Signatory
Project Manager
Daniel Ford
City Engineer
525 N Third Ave
Pasco, Washington 99301
Email: fordd@pasco-wa.gov
Phone: (509) 545-3444
Charlene Sandland
Staff Accountant
PO Box 293
525 N. 3rd Avenue
Pasco, Washington 99301
Email: sandlandc@pasco-wa.gov
Phone: (509) 545-3428
Maria Serra
CIP Manager
525 N Third Ave
Pasco, Washington 99301
Email: serram@pasco-wa.gov
Phone: (509) 545-3444
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Agreement No:
Project Title:
Recipient Name:
Contacts
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Project
Manager
Financial
Manager
Technical
Advisor
Cynthia Wall
4601 N Monroe Street
Spokane, Washington 99205-1295
Email: cywa461@ecy.wa.gov
Phone: (509) 329-3537
Tammie McClure
PO Box 47600
Olympia, Washington 98504-7600
Email: tmcc461@ecy.wa.gov
Phone: (360) 407-6410
Diana Washington
4601 N Monroe Street
Spokane, Washington 99205-1295
Email: DWAS461@ecy.wa.gov
Phone: (509) 329-3519
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Agreement No:
Project Title:
Recipient Name:
SCOPE OF WORK
Task Number:1 Task Cost: $5,000.00
Task Title:Grant and Loan Administration
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements .
Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; the EAGL (Ecology Administration of Grants and Loans ) recipient
closeout report; and a two-page outcome summary report (including photos, if applicable). In the event that the RECIPIENT
elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and
management of this funding agreement.
B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement ,
contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and
compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required
performance items. This documentation shall be available upon request.
C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information
in the EAGL system. The RECIPIENT shall carry out this 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 or 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.
* Properly maintained project documentation.
Recipient Task Coordinator: Maria Serra, PE / Sr. Engineer
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Agreement No:
Project Title:
Recipient Name:
Deliverables
Grant and Loan Administration
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges or changes in the project schedule. Submitted at least quarterly.
12/31/2023
1.2 Recipient Closeout Report (EAGL Form)12/31/2023
1.3 Two-page Outcome Summary Report 12/31/2023
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Agreement No:
Project Title:
Recipient Name:
SCOPE OF WORK
Task Number:2 Task Cost: $4,927,429.00
Task Title:Design Phase 1 and 2
Task Description:
A. The RECIPIENT will procure engineering services in accordance with state law . The RECIPIENT will include
ECOLOGY’s specification insert in the contract documents . The RECIPIENT must upload all contracts for engineering
services to EAGL before ECOLOGY will provide reimbursement for work performed under this task .
B. The RECIPIENT will design the Phase 1 and 2 secondary treatment process and outfall improvements. Plans and
specifications developed by the RECIPIENT must be consistent with the requirements of Chapter 173-240 WAC. Elements
of the design will include:
Phase 1 Improvements:
1. Primary effluent reroute modification
2. Expanded aeration basin influent channel
3. Two new aeration basins with internal baffles, fine bubble diffusers, anoxic selector zones with mechanical mixers and mixed
liquor recycle system
4. Retrofit of two existing aeration basins to match configuration of new basins
5. Return Activated Sludge system modification
6. Expanded aeration basin effluent splitter structure
7. Air piping modifications and expansion
8. New high speed turbo blowers
9. Blower building expansion
10. Outfall improvements including effluent flowmeter facility and replacement of approximately 1,200 lineal feet of outfall piping
(in-land work only)
11. Electrical, instrumentation and controls upgrades
12. Demolition of existing rock trickling filter, trickling filter pump station and intermediate clarifier sludge pumps
Phase 2 Improvements:
1. Mechanical waste activated sludge thickening improvements
2. Mechanical dewatering addition
3. Replace existing UV system with higher capacity UV system
4. New Columbia River diffuser and replacement of approximately 1,000 lineal feet of outfall piping
5. Electrical, instrumentation and controls upgrades
6. Demolition of existing intermediate clarifier
C. The plans and specifications, construction contract documents, and addenda will be approved by the RECIPIENT prior to
submittal for ECOLOGY review. All construction plans submitted to ECOLOGY for review and approval will be reduced to
no larger than 11" x 17" in size. All reduced drawings will be completely legible. The project manager may request plans be
submitted in either PDF or AutoCAD electronic format, and specifications in a searchable PDF or Microsoft Word electronic
file. A current construction cost estimate will be submitted along with each plan /specification submittal. The project manager
may request a spreadsheet in electronic file format.
D. The RECIPIENT will conduct appropriate environmental reviews of the project . The RECIPIENT will provide a complete
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Agreement No:
Project Title:
Recipient Name:
SERP information package with a SERP Cover Sheet at the time plans and specification are submitted to ECOLOGY for
approval. The RECIPIENT will include the SEPA checklist and threshold determination, documentation of public participation,
required cultural resources form, and required Environmental Justice information.
E. As a condition of receiving this funding, the RECIPIENT will review their energy use looking for cost effective energy
savings. The recipient may also submit documentation of an energy efficiency review conducted within the last 5 years.
F. The RECIPIENT will conduct appropriate cultural resources reviews of the project . The RECIPIENT will provide a
05-05/106 Cultural Resources Review form. The RECIPIENT will provide any additional information for ECOLOGY to lead
the required cultural resources consultation.
Task Goal Statement:
See Overall Goal.
Task Expected Outcome:
See Overall Goal.
Deliverables
Design Phase 1 and 2
Number Description Due Date
2.1 Executed contract(s) for engineering services and documentation of the
RECIPIENT’s process for procuring engineering services .
2.2 Two copies of the draft and final design for Ecology approval.
2.3 Complete SERP Information Package.
2.4 Documentation of an energy efficiency review.
2.5 05-05/106 Cultural Resources Review form.
2.6 Inadvertent Discover Plan.
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Agreement No:
Project Title:
Recipient Name:
Title:
State
CWSRF-SFY21 (State)
Type:
Funding Source %:
Description:
100%
The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State Revolving
Fund (SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part K).
Washington State administers the program under Chapter 173-98 WAC. The portion of
this project funded with this funding distribution comes from non-federal source and are
not subject to Federal Funding Accountability and Transparency Act (FFATA) and Single
Audit Act (SAA). However, this project is subject to the federal requirements outlined in
Section 4 and 5 of agreement terms and conditions.
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant?
Approved State Indirect Rate: 30%
0%
No
No
No
Effective Interest Rate: 1.2% Interest Rate: 0.9% Admin Charge: 0.3%
Terms:20 years
Project Start Date: 01/01/2020 Project Completion Date: 12/31/2023
Estimated Initiation of Operation date:
Loan Security:
Final Accrued Interest:
Final Loan Amount:
Repayment Schedule Number:
12/31/2023
Revenue Secure Lien Obligation of the Recipient
$
$
287
BUDGET
Funding Distribution EL210165
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
SRF Loan
01/01/2020 12/31/2023
Loan
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Agreement No:
Project Title:
Recipient Name:
SRF Loan Task Total
Grant and Loan Administration 5,000.00$
Design Phase 1 and 2 4,927,429.00$
4,932,429.00$Total:
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Agreement No:
Project Title:
Recipient Name:
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%4,932,429.00 4,932,429.000.000.00SRF Loan
Total $$0.00 4,932,429.00 $4,932,429.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
“Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to
be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an
Administrative Charge Account .
“Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of
Ecology Grants and Loans at the signing of this agreement.
“Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all
principal due on such bonds or loans in such year.
“Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years of
the loan to the last scheduled maturity of the loan divided by the number of those years.
“Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests
include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral
rights.
“Centennial Clean Water Program” means the state program funded from various state sources .
“Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the
project.
“Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water
quality problem as described in Chapter 173-98-730 WAC.
“Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and
money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
“Effective Date” means the earliest date on which eligible costs may be incurred .
“Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge .
“Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT .
“Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount.
“Equivalency” means projects designated by ECOLOGY to meet additional federal requirements .
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Agreement No:
Project Title:
Recipient Name:
“Expiration Date” means the latest date on which eligible costs may be incurred.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through
such time as the loan is officially closed out and a final loan repayment schedule is issued .
“Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project Completion
Date.
“Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan
Amount.
“Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower .
“General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
“General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid
general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax
limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries
of the RECIPIENT.
“Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of
the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement
Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other
obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or
refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with
other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States
Government under the Internal Revenue Code.
“Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is
funded.
“Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the loan
begins to operate for its intended purpose.
“Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
“Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable.
“Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan .
“Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan .
“Loan Term” means the repayment period of the loan .
“Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be
operated and maintained in good repair, working order, and condition including payments to other parties, but will not include
any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes .
“Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense.
“Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents .
“Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund
to be first used to repay the principal of and interest on the loan.
“Project” means the project described in this agreement.
“Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed .
This term is only used in loan agreements.
“Project Schedule” means that schedule for the project specified in the agreement.
“Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a
general obligation of the RECIPIENT.
“Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and
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condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of
and interest on the loan.
“Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to a
RECIPIENT or project.
“Scope of Work” means the tasks and activities constituting the project .
“Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution .
“Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of
execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the
date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim
or lien of the loan, subject only to Maintenance and Operation Expense.
“State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established
by Chapter 90.50A.020 RCW.
“Termination Date” means the effective date of ECOLOGY’s termination of the agreement .
“Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding
balance of the loan and all accrued interest.
“Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to be
eligible for ECOLOGY grant or loan funding, including any required recipient match.
“Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for
ECOLOGY grant or loan funding.
“ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions
to and extensions and betterments of the Utility.
“ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into
the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID
Assessments will include principal installments and any interest or penalties which may be due.
“Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net
Revenue of which is pledged to pay and secure the loan.
SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED
FINANCIAL ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on
ECOLOGY’s Water Quality Program website.
A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter
39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring qualified
architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final
architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project:
a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the
type of ownership interest that has been acquired.
b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding
assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington ) shall
be incorporated into the agreement before final payment.
c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser
interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY ,
on behalf of the State of Washington . The documents required will depend on the project type, the real property rights being
acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use
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language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide
a copy of the recorded document to ECOLOGY.
Documentation Options:
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or use
the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on
the draft language prior to executing the deed of right.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and
habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by
reference in the easement document.
3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights
directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will
depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing
the easement or lease.
d. Real Property Acquisition and Relocation Assistance .
1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded
projects.
2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and
conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter 8.26
RCW, and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1)
above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to
provide any housing and relocation assistance required.
e. Hazardous Substances.
1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site
for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify:
i. No hazardous substances were found on the site, or
ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,
and the site is deemed “clean.”
2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set
forth in RCW 70.105D.
3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and /or
agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any
and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of,
hazardous substances on the property the RECIPIENT is acquiring .
f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses
The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed,
maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were
approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or
a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the
length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case,
the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner
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agreement.
C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be
delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance
Funding Guidelines available on ECOLOGY’s Water Quality Program funding website .
D. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide
Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form
and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about
the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180 or
email PayeeRegistration@ofm.wa.gov.
E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved
construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase . All equipment
purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported
on the Equipment Purchase Report in EAGL.
F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section
319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs,
acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects
addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from
ECOLOGY’s Financial Manager upon request .
G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the
requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of
compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this
change within 30 days.
H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the
project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.”
The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request .
I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this
agreement.
J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or
water quality project outcomes and the status of long-term environmental results or goals from the project approximately three
years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the RECIPIENT to
request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate the project, as
part of this assessment.
K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this
agreement. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends ,
completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make
satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or
increase oversight measures.
L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be
consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for
Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed
practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY.
SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER
FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS.
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The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY :
1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website.
2. “Section 319 Initial Data Reporting” form in EAGL.
A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this
agreement can be signed by Ecology. This form is used to gather general information about the project for EPA .
B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT shall
provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and follow
usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo
or seal graphic file, the RECIPIENT may sent a request to their Ecology Financial Manager .
To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS are
encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are
allowable, provided the costs are reasonable.
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement:
“This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance
agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views
and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute
endorsement or recommendation for use.”
C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in
EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has
completed the form. This form is used to gather information on best management practices (BMPs) installed and associated
pollutant load reductions that were funded as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension
cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and
approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration
date.
SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF)
LOAN FUNDED PROJECTS ONLY.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records)
in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards
Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in
Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .”
B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646,
as amended by the Surface Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable
regulations and procedures of the federal agency implementing that Act .
C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an
independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT
must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after
receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be submitted using
the Federal Audit Clearinghouse’s Internet Data Entry System available at :
https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single audit
submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/.
D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional
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requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800).
E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall
have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their
organization’s information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project
closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration ,
and more frequently if information changes.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply
with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s
Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance
with the following six good faith efforts shall be retained:
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable
through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs , this shall include
placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation
by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for
bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date.
3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged
Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged
Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these
firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request .
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin or sex in the
performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and
administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these
requirements is a material breach of this agreement which may result in the termination of this contract or other legally available
remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections .
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the
Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101
et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or
policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared
ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure
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this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers,
vendors, and any other entity for work or services pertaining to this agreement.
“The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The
Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded
under Environmental Protection Agency financial agreements . Failure by the Contractor to carry out these requirements is a
material breach of this Contract which may result in termination of this Contract or other legally available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders
list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts,
including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this
agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable
accommodations and an equal and effective opportunity to benefit from or participate in a program , including those offered
through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems
or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished
function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities,
including those who use assistive technology.
H. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences , meetings, conventions or training
seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel
Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at
http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act.
Pursuant to 15 USC 2225a.
I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of
trafficking in persons during the period of time this agreement is effective . This includes, but is not limited to, the procurement of
a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from
any source alleging a violation under this provision.
SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED
PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY :
1. Financial Capability Assessment Documentation
2. Opinion of RECIPIENT’s Legal Council
3. Authorizing Ordinance or Resolution
4. Federal Funding Accountability and Transparency Act (FFATA) Form
5. CWSRF Federal Reporting Information form available in EAGL
6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or stormwater
facility construction)
7. Cost and Effectiveness Analysis Certification Form
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the
design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which
would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or which
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would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration,
maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.)
The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States . Iron and
Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers
and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast
concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the
Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY . This provision
does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17,
2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with this provision .
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including the
RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT shall
submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be
signed by ECOLOGY.
D. Equivalency Projects: (For designated equivalency projects only)
1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter
11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap11.pdf).
E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification
before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY
Financial Manager or on the Water Quality Program website .
F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the
RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance
agreements nationwide. The signage guidance can be found at:
http://www.ecy.wa.gov/programs/wq/funding/FundPrgms/CWSRF/SignageGuidanceJune2015.pdf.
G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property
damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the
buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or
privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried
by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an
insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss.
H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or
enjoin:
(i) the execution of this agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID
Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured
loans and general obligation payable from special-assessment-secured loans); or
(iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are
authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their
respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed,
revoked, or rescinded.
I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan , unless
terminated earlier according to the provisions herein.
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan
agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment
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schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest
to the computation date.
The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest
based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a
365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that
each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over the
term of this loan “Loan Term” as outlined in this agreement .
J. Loan Repayment:
Sources of Loan Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below
and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and
unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the repayment
of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants , agreements, and attachments
contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT
payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a
vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT .
4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall
constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any
Senior Lien Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a
lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever .
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it .
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not
affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan , it shall be required to use the proceeds thereof immediately upon their
receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY
finds that repayment from those additional sources would not be in the public interest.
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall
incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give
ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan .
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and
interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation
date, whichever comes first.
Thereafter, equal payments shall be due every six months.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies ,
the payment shall be due on the next business day for Washington State agencies .
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
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P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager .
No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment
to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment
is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement .
2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement
remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent
per month on the past due amount starting on the date the debt becomes past due and until it is paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on
defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal
balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount . Any
prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the
Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT
shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office .
K. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and
Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations
pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount
of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation
Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer
system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax
limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT
in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of
and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy
and collection of those taxes and the prompt payment of that principal and interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special
assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the
RECIPIENT in excess of any constitutional or statutory limitations .
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the
loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID Assessments
in the ULID, to pay when due the principal of and interest on the loan.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID
Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan.
L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in
good repair, working order, and condition.
M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the RECIPIENT”
to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form.
N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in
whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the
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Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors
shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar
in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for
bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated
into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language
regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain
records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain
records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request.
O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following
verification statement in the “General Comments” text box of each progress report.
“We verify that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of
Ecology. This includes but is not limited to:
- The Davis-Bacon Act, 29 CFR (If applicable)
- Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients)
- The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33”
P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection
with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct.
There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the
RECIPIENT, which has not been disclosed in writing to ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform all
of its obligations under this agreement and to undertake the project identified herein.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and
warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the
financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan ,
have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be disclosed in
writing to ECOLOGY by the RECIPIENT in its request for payment.
Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works,
plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded
Utility unless:
1. The facilities or property transferred are not material to the operation of the funded Utility, or have become
unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary,
material, or useful to the operation of the funded Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more
than three percent of the total assets of the funded Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the
net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount
of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the
portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period.
4. Expressed written agreement by the ECOLOGY-.
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The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to
and betterments and extensions of the Utility.
R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT
shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to
ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system .
2) Prohibit inflow of stormwater into separated sewer systems.
3) Require that new sewers and connections be properly designed and constructed.
S. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the
RECIPIENT of all of its obligations under this loan agreement . The RECIPIENT shall be in default of its obligations under this
loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it
by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the
RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the “Termination
Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and , when applicable, the date
by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the “Termination Payment
Date”).
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole
discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all
accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest
on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the
Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding.
Repayments not made immediately upon such acceleration will incur Late Charges .
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after
acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any state
funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment of the
loan.
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Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment)
acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance,
ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property .
Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings,
maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of ECOLOGY,
become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials.
Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any
actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any
obligation by the RECIPIENT, under this agreement.
Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and
other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the
prevailing party as that term is defined in Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY’s exercise of any or all of the termination or default remedies provided in this
agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or
the state of Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for
the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined .
T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement
a user-charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its
proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The
user-charge system will include provisions for a connection charge .
In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides
adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to
repay the loan.
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. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
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5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to 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 five
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 funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required 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 signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1.Procure or obtain;
2.Extend or renew a contract to procure or obtain; or
3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf> , section 889, covered
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telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or
services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in
the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list.
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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
1.ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent
and character of all work and services.
2.AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3.ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources .
The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural
artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
•For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor
Executive Order 05-05, Archaeology and Cultural Resources.
•For projects with any federal involvement, if required, comply with the National Historic Preservation Act .
•Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site.
b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
•Keep the IDP at the project site.
•Make the IDP readily available to anyone working at the project site .
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•Discuss the IDP with staff and contractors working at the project site .
•Implement the IDP when cultural resources or human remains are found at the project site .
c)If any archeological or historic resources are found while conducting work under this Agreement :
•Immediately 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 while conducting work under this Agreement :
•Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, and then the
ECOLOGY Program.
e)Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting cultural resources and human remains.
5.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7.COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e)ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof,
has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement ,
as appropriate, or upon completion of an audit as specified herein.
j)RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial, performance, and
other reports required by this agreement. Failure to comply may result in delayed reimbursement.
8.COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
Washington which affect wages and job safety .
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b)RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance 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
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, 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 that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies 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 state
procurement law or the RECIPIENT's normal procedures may be disallowed 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 funding program of an appeal request .
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d)ECOLOGY reviews the RECIPIENT’s appeal.
e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
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Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12.ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
•Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs 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 review and approval before the start of the work .
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata 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 Court of Thurston County.
14.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15.INDEPENDENT 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 and will not for any purpose be employees, volunteers, or agents of the other
party.
16.KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
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(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 following actions, when possible, in any procurement under this Agreement :
a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b)Divide the total requirements, when economically 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 participation of qualified minority and
women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18.ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) 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"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19.PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) 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
online communications, such as web pages, blogs, 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 distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20.PROGRESS REPORTING
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b)RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c)RECIPIENT shall use ECOLOGY’s provided progress report format .
d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
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quarter being reported.
e)RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
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 this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied 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
materials 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 Property 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 payment 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 setoff by
the RECIPIENT for the fair market value of such property .
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g)Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
22.RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
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 expenditures related to this Agreement .
d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
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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 discrepancies 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 invoiced. 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 subject 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 payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a 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 liability to repay monies will be reduced by an amount reflecting the fair value 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 must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
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 RECIPIENT . RECIPIENT shall 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 Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable 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, hosting low impact
meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
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packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails 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 RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c)By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
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d)In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT 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 work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29.THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30.WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
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AGENDA REPORT
FOR: City Council March 8, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/15/21
FROM: Maria Serra, Division Manager
Department Manager
SUBJECT: *Resolution - Revised Interlocal Agreement with Columbia Basin
College for Argent Road Improvements Project
I. REFERENCE(S):
Resolution
Revised Interlocal Agreement
Right of Way Exhibit
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _____, authorizing the City
Manager to sign and execute the Interlocal Agreement for the purpose of
financially supporting and conveying right-of-way for Argent Road Project No.
12001 with Columbia Basin College, and further, authorize the City Manager to
make minor revisions to the agreement prior to executing it with Columbia
Basin College.
III. FISCAL IMPACT:
There is no change in fiscal impact from the previous Interlocal Agreement
(ILA) authorized in September 2019. Dedicated right-of-way (ROW) is valued
at $30,720.69. Columbia Basin College (CBC) has also committed funds in the
amount of $1,250,000 for completion of the three (3) phases of the Argent
Road project.
IV. HISTORY AND FACTS BRIEF:
The City of Pasco (City) along with the Port of Pasco (Port) and CBC have
worked together to provide necessary improvements to the Argent Road
corridor from 20th Avenue up to and including the intersection at Road 36.
These improvements will add width and frontage improvements, including
curb/gutter and sidewalk, as well as intersection improvements to this critical
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transportation corridor.
Argent Road Improvements between Road 36 and 20th Avenue have been
delineated into three (3) phases of work to expedite construction of priority
segments of the project. Phase 1 will construct improvements on Argent Road
from Saraceno Way/Varney Lane to 20th Avenue. Phase 2 will improve the
intersection at Argent Road and Road 36. Phase 3 will construct improvements
from Saraceno Way/Varney Lane to Road 36 intersection improvement. The
City has secured full funding for Phase 1 of the project and partial funding for
Phases 2 and 3 of the project.
The 2019 ILA established terms and conditions of financial contributions from
CBC to the project. The 2019 ILA also established the terms of ROW donation,
but omitted the required permanent and temporary easements required to
construct the project. The revised agreement with CBC will allow the necessary
permanent ROW, permanent easements, and temporary easements to be to
be donated to the City of Pasco for construction of the Argent Road project.
V. DISCUSSION:
In September 2019, Council authorized the City Manager to execute an
interlocal agreement with CBC. Council approved the 2019 ILA; however, it
was never executed. The 2019 agreement allowed CBC to donate permanent
ROW to the City of Pasco, but did not include required temporary a nd
permanent easements required to construct the project. The revised
agreement includes all required permanent and temporary construction
easements for Argent Road Phase 1.
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Resolution – Revised ILA
Columbia Basin College Argent Road - Phase 1, No. 12001 - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE
INTERLOCAL AGREEMENT FOR THE PURPOSE OF FINANCIALLY
SUPPORTING AND CONVEYING RIGHT-OF-WAY FOR THE ARGENT
ROAD PROJECT NO. 12001 WITH COLUMBIA BASIN COLLEGE (CBC).
WHEREAS, the City of Pasco (City) together with The Port of Pasco (Port) and Columbia
Basin College (CBC), also known as stakeholders, have collaborated to undertake improvements
to Argent Road, from 20th Avenue up to and including the intersection at Road 36 (“the Project”);
and
WHEREAS, the Port and CBC have previously committed to help fund the Project in
the amounts of $1,500,000 and $1,250,000 respectively; and
WHEREAS, CBC has agreed to dedicate a right-of-way to the Project for the benefit
of the College with a fair market value of $30,720.69 (0.403 Acres at $76,230/Acre), which
dedication is in addition to the committed funds of $1,250,000; and
WHEREAS, CBC has agreed to dedicate a permanent easement of 0.375 acres and a
temporary construction easement of 0.704 acres to construct the improvements, which
dedication is in addition to a dedicated right-of-way and the committed funds of $1,250,000;
and
WHEREAS, the City, as part of their agreed financial commitment associated with
this Project is responsible for the Design, Construction and Project Management of this
project; and
WHEREAS, the stakeholders agree that to complete Phase 1 the committed funds
from the Port and CBC would be utilized to fund this portion of the Project, with any
remainder of committed funds to be used for subsequent phases of the Project ; and
WHEREAS, the Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes
cooperative efforts between agencies in the providing of such services and financing
considerations; and
WHEREAS, the Parties, desire by this agreement, to jointly participate in the costs
associated with the Project that provides benefits to the stakeholders and the regional
transportation system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
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Resolution – Revised ILA
Columbia Basin College Argent Road - Phase 1, No. 12001 - 2
That the City Manager for the City of Pasco is authorized to execute the Interlocal
Agreement between the City of Pasco and Columbia Basin College, a copy of which is attached
hereto as Exhibit A; and to make minor substantive adjustments and to take all necessary steps
required to complete this agreement; and
Be It Further Resolved, that this Resolution shall be in full force and effect upon
adoption.
PASSED by the City Council of the City of Pasco, Washington this day of March,
2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
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ILA – Columbia Basin College
Argent Road – Phase 1. No. 12001 - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd Avenue
Pasco, WA 99301
______________________________________________________________________________
INTERLOCAL AGREEMENT WITH COLUMBIA BASIN COLLEGE FOR THE
ARGENT ROAD PROJECT, PHASE 1, NO. 12001
THIS INTERLOCAL AGREEMENT is entered day of __________2021, by and
between Columbia Basin College, a Washington Educational Institution, (hereinafter referred to
as "CBC"), and the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter
referred to as "City"), and are sometimes referred to collectively as the “Parties,” for the purpose
of designing and constructing the Argent Road Project, No. 12001.
WHEREAS, the City of Pasco (City) together with The Port of Pasco (Port) and
Columbia Basin College (CBC), also known as stakeholders, have collaborated to undertake
improvements to Argent Road, from 20th Avenue up to and including the intersection at
Road 36 (“the Project”); and
WHEREAS, the Port and CBC have previously committed to help fund the Project
in the amounts of $1,500,000 and $1,250,000 respectively; and
WHEREAS, CBC will dedicate a right-of-way to the Project for the benefit of the
College with a fair market value of $30,720.69 (0.403 Acres at $76,230/Acre), which
dedication is in addition to the committed funds of $1,250,000; and
WHEREAS, CBC will dedicate a permanent easement of 0.375 acres and a temporary
construction easement of 0.704 acres to construct the improvements, which dedication is in
addition to a dedicated right-of-way and the committed funds of $1,250,000; and
WHEREAS, the City, as part of their agreed financial commitment associated with
this Project is responsible for the Design, Construction and Project Management of this
project; and
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ILA – Columbia Basin College
Argent Road – Phase 1. No. 12001 - 2
WHEREAS, the stakeholders agree that to complete Phase 1, the committed funds
from the Port and CBC would be utilized to fund this portion of the Project, with any
remainder of committed funds to be used for subsequent phases of the Project ; and
WHEREAS, the Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes
cooperative efforts between agencies in the providing of such services and financing
considerations; and
WHEREAS, the Parties, desire by this agreement, to jointly participate in the costs
associated with the Project that provides benefits to the stakeholders and the regional transportation
system.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties agree as follows:
1. CBC OBLIGATIONS. CBC shall:
A. Contribute to the City a total of $1,250,000 for P roject costs including
but not limited to the expenses relating to engineering, design, construction, administration,
management, legal, labor, permits, reviews, and/or approvals from all applicable
jurisdictions, and any other Project related costs. The lump sum amount of $1,250,000
shall be paid by CBC prior to the advertised bid date for the Argent Road Project and also
satisfies all of CBC’s financial obligations associated with all phases of the Project,
including but not limited to Phases 1 and 2, unless otherwise mutually agreed by all
Parties to add additional funding in the future.
B. Make a lump sum payment of $1,250,000, listed in subsection A above,
prior to the advertised bid date for this Project.
C. Transfer ownership of all dedicated land from CBC in the form of a Right-
of-Way Dedication, Public Utility Easement and Temporary Construction Easement, prior
to the advertised bid date of the Argent Road Project in a manner that is consistent with the
policies of the City.
2. CITY OBLIGATIONS. City shall:
A. Be responsible for the design, Project management, administration, and
construction management of the Project, and for any and all future costs associated with
the project unless otherwise mutually agreed upon in writing signed by both parties.
B. Provide inspection services during the course of construction consistent
with the level of effort utilized on other capital and development Projects within the City,
or as may be required to ensure the required quality of the completed work.
Page 162 of 169
ILA – Columbia Basin College
Argent Road – Phase 1. No. 12001 - 3
C. Provide CBC’s construction representative with a copy of any and all
printed and electronic construction documents related to each phase of the Project and
invite said representative to all construction and pre-construction meetings. City will work
with CBC’s construction representative to coordinate and plan Project activities which
directly impact CBC’s campus operations, including campus access and service outages.
D. Upon satisfactory completion of each phase of the improvements described
above, work to provide CBC with a breakdown of all costs associated with the Project as
well as a complete set of physical and electronic as-built drawings at the conclusion of each
phase.
E. Pay for and complete all portions of the Project not covered by the
committed funds of the Port and CBC, unless it is mutually agreed by all Parties to add
additional funding in the future.
3. TERM. This Agreement shall be effective commencing on the ______
day of ________________, 2021, and all improvements, conveyances and obligations of the
Parties for Phase 1 of the Project shall be complete on or before 18 months immediately
following the commencement date of this Agreement. The Agreement shall terminate no later
than two years following the commencement date of this Agreement, or with the completion of
the Project, whichever is sooner.
4. AUTHORITY TO APPROVE AGREEMENT. The Parties represent and
warrant that all steps necessary for the approval of this Agreement have been completed by:
A. Columbia Basin College: Resolution approved by CBC Board of
Trustees.
B. The City of Pasco: Resolution approved by the City of Pasco Council.
The officers signing below are authorized to do so and that the execution of this Interlocal
Agreement with CBC to execute payment for the Argent Road Project – Phase 1, No. 12001 is
valid and binding for all purposes.
5. DISPUTE RESOLUTION. In the event of a dispute between the Parties regarding
the interpretation, breach or enforcement of this Agreement, the Parties shall first meet in a good
faith effort to resolve the dispute by themselves or with the assistance of a mediator. The remaining
dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, the Mandatory Rules
of Arbitration (MAR), with all Parties waiving the right of a jury trial upon de novo review, with
the substantially prevailing Party being awarded its reasonable attorney fees and costs against the
other.
6. INDEPENDENT CAPACITY. The employees or agents of each party engaged
in the performance of this Agreement shall continue to be the employees or agents of that party
and shall not be considered for an y purpose to be employees or agents of the other party. Each
Page 163 of 169
ILA – Columbia Basin College
Argent Road – Phase 1. No. 12001 - 4
W
H
party to this agreement shall be responsible for its own acts or omissions and those of its officers,
employees and agents in the performance of this Agreement.
7. GENERAL PROVISIONS.
A. This Interlocal Agreement constitutes the entire agreement between the
Parties, and no prior oral or written agreement shall be valid, and any modifications of this
Agreement must be in writing signed by all Parties.
B. This Interlocal Agreement shall be binding on the Parties, and their heirs,
successors and assigns.
C. For the purpose of this Agreement, time is of the essence.
8. MUTUAL COOPERATION AND FURTHER AGREEMENTS. The Parties
agree to cooperate in good faith, with regard to each and every aspect required for the completion
of the construction of this Project which is the object of this Agreement, and the transfer of
property, and to further sign all documents, deeds and permits reasonably necessary to accomplish
the purposes of this Agreement.
9. INTERLOCAL COOPERATION ACT PROVISIONS. All vehicles,
equipment, inventory and any improvement thereon or fixtures purchased by the City, shall remain
the sole property of the City. All personnel utilized by the City in the fulfillment of this posted
Agreement shall be solely within the supervision, direction and control of the City and shall not
be construed as "loan servants" or employees of CBC. The City Manager of the City of Pasco,
Washington, shall be designated as the Administrator of this Interlocal Agreement.
No independent special budget or funds are anticipated other than those identified in this
Agreement, nor shall be created without the prior written agreement of the Parties. It is not intended
that a separate legal or administrative entity be established to conduct this cooperative undertaking,
nor is the acquiring, holding, or disposing of real or personal property other than as specifically
provided within the terms of this Agreement.
A copy of this Agreement shall be filed with the Franklin County Auditor's office or posted
on the City or CBC's website as required by RCW 39.34.040.
CITY OF PASCO, WASHINGTON COLUMBIA BASIN COLLEGE
By: ____________________________ By: ____________________________
Dave Zabell, City Manager
Page 164 of 169
ILA – Columbia Basin College
Argent Road – Phase 1. No. 12001 - 5
Attest:
___________________________________
Debra Barham, CMC
City Clerk
Approved as to Form:
___________________________________
Kerr Ferguson Law, PLLC
City Attorney
STATE OF WASHINGTON )
:ss
County of Franklin )
On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco,
Washington, to be known to be the individual in and who executed the within and foregoing
instrument, and acknowledged that he signed the same as his free and voluntary act and deed for
the uses and purposes therein mentioned.
GIVEN under my hand and official this ______ day of __________________, 2021.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Residing at: __________________________________
My Commission Expires: _______________________
STATE OF WASHINGTON )
:ss
County of Franklin )
On this day personally appeared before me ___________________, _______________ of
Columbia Basin College, to be known to be the individual in and who executed the within and
foregoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary
act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official this ______ day of __________________, 2021.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Residing at: __________________________________
My Commission Expires: _______________________
Page 165 of 169
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Page 166 of 169
2020-2021CITVCOUNCILGOAISUsigCommunityDevelopmentBlockGrant(CD55)andotherpublicandprivatecapitaltorevitaiizeolderneighborhoodsandsaferoutestoessentialservices.Continuingeffortstowarddesigning,siting,programmingneeds,andsiteselectionforacommunitycenterandpursuingacquisitionoflandforfuturecommunitypark.DevelopingPhaseIoftheAStreetSportingComplexandcontinueeffortstoprovideadditionalsoccerandspans?elds.CoordinatingwiththePascoPublicFacilitiesDistricttodevelopapubliceducationcampaign,?nancialanalysisandprepareaballotmeasureconcerningthedevelopmentofaregionalaquaticfacilityforconsiderationbythepeople.Completingconstructionofanewanimalcontrolfacility.Ongoingeffortstoimproveefficiencyandeffectivenessofpublicresourcesinthedeliveryofmunicipalservices,programs,andIong~termmaintenanceandviabilityofpublicfacilities.Collaboratingwiththeinclusion,DiversityandEquityCommissionandcommunityleaderstoenhanceengagementeffortsandorganizationalculturalcompetency.Updatingdesignstandardsforthedevelopmentofnewneighborhoodsandredevelopmenttopromotegreaterneighborhoodcohesionthroughdesignelements,eg.:walkabillty,aesthetics,sustainability,andcommunitygatheringspaces.UpdatingParksandFacilitiesComprehensivePlantoinclude:publicfacilitiesinventory,needsassessment,levelofservice,andcentersevaluation.TeamingwithlocalandregionalpartnerstodevelopaHousingActionPlanwithafocusonstrategiesthatemphasizeaffordablehousing.Regularevaluationofservicesandprogramstocon?rmimportancetocommunity,adequacy,andcost—bene?t.ContinuationofcostofserviceandrecoverytargetsinevaluatingCityservices.Ongoingevaluationofcosts,processesandperformanceassociatedwithdeliveryofCityservicesIncludingcustomerfeedbackandsatisfaction,staffing,facilities,andpartnershipopportunities.instillingandpromotinganorganizationalcultureofcustomerserviceacrossallbusinesslines.Updatingpoliciesrelatingtourbanizationoftheunincorporatedislandstoassureconsistencywithlong~rangeplanning,communitysafety,andfiscalsustainability.Page 167 of 169
2020-1011CITVCOUNCILGOAISlDvelopingaComprehensivePoliceStrategicMasterPlanthroughatransparentprocesstoevaluatefutureservicelevelsofthedertmenttoassuresustainability,publicsafety,andcrimecontroloverthenext5-10years.Collaboratingwithregionalandcommunitypartnerstoevaluateandimplementstrategiestoreducetheincidenceofhomelessness.Leveragingandexpandingpartnershipstomaintainandenhancebehavioralhealthservicestocommunitymembersincrisisbeingassistedbypoliceandfire.Continuingeffortstoimprovepoliceandcommunityrelations.WorkingtoachieveandmaintaintargetfireresponsetimesthroughoperationalImprovementsandlong-rangestrategicplanningoffacilitiesandstaf?ng.Focusingonthelong-terrngoalofsustainingaWashingtonStateRatingBureauClass3communityrating.Leveraginginfrastructuredatabaseofsidewalks,streetllghtsandpavementconditionsalongwithevaluatingpoliciesandmethodstoaddressneedsandinequities.CommencementandcompletionofconstructionoftheLewisStreetOverpassproject,ContinuedemphasisonimprovementsinRoad68/l~182/BurdenBlvd.corridortoimproveoperationandsafety.Data-drivenpro-activeneighborhoodtrafficcalmingefforts.ContinuedcollaborationwithBenFmnklinTransittoenhancemobilityandaccess.CompletionofaTransportationSystemMasterPlanandutilitationofitsrecommendationstodeveloppolicies,regulations,programs,andprojectsthatprovideforgreaterconnectivity,strategicinvestment,mobility,multi-modalsystems,accessibility,efficiencyandsafety.DowntownrevitalizationeffortsofDowntownPascoDevelopmentAuthority(DPDA),post-COVIDrestart,andCityinitiativessuchasDowntownMasterPlanprocessandsigncodemodi?cations.TheconstructionofPeanutsParkandFarmersMarketandcontinuedeffortstopursuestreetscapeandgatewayupgrades.ThecompletionoftheComprehensiveLandUsePlanUpdateandBroadmoorMasterPlanefforts,adoptionofUrbanGrowthAreaexpansionalternative,implementationofadoptedlong-rangeplanningeffortswithappropriateanalysisandadoptionofplanningactionsincluding:zoningcodechanges,phasedsigncodeupdate,anddevelopmentregulationsandstandards.Page 168 of 169
2010-2011CITVCOUNCILGOAL‘IncreasedeffortstopromotethecommunityasadesirableplaceforcommercialandIndustrialdevelopmentbypromotingsmallbusinessoutreachandassistance,predictabilityinprojectreview,andexcellentcustomerservice.PartnershipsandencouragementofDepartmentofNaturalResources(DNR)tofacilitatedevelopmentoftheremainingstate-ownedpropertiesatRoad68/l-182.ContinuedcoordinationwiththePortofPascotocompleteandimplementawaterfrontdoningplanandprovideforpublicinfrastructure.Activepartnershipsintheplanninganddevelopmentofstrategiestopromotetourismanddeploymentofassetstospureconomicactivity.Inconcertwithcommunitypartners,developmentofacomprehensiveeconomicdevelopmentplan.nInuedeffortsofcommunitysurveyingthroughtraProvidingopportunitiesforcommunityengagementthroughboards,commissions,volunteeropportunities,socialmedia,forums,andotheroutlets.Enhancedinter-agencyandconstituentcoordinationdevelopedduringthepandemic.Continuedeffortsofthecommunityidentity/imageenhancementcampaigntoincludepromotionofcommunityandorganizationalsuccesses.Enhancedparticipationandsupportofculturaleventsoccurringwithintheoommunity.SupportoftheArtsandCultureCommissioninpromotingunityandthecelebrationofdiversitythroughartandcultureprograms.Ionameosaneappicauononewecnoogies.Page 169 of 169