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Home My WebLink About10-12-2015 Council Workshop SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert - Deana APPROVAL OF THE AGENDA Mayor Pro Tem Chris Raezer WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. United Way PowerPoint Presentation Staff Presentation: Jeff Pitman 2. Discussion of Preliminary Budget and Proposed EMS Tax Levy ATTACHMENT A Staff Presentation: Kristin Garcia/Sheri Amundson 3. Ordinance Amendment to AMC 20.64.210 ATTACHMENT B Staff Presentation: Chris Young Council Liaison: Marilyn Oertle 4. Minor Corrections to AMC 20.88 Critical Areas Ordinances ATTACHMENT C Staff Presentation: Chris Young Council Liaison: Marilyn Oertle 5. Minor Corrections to AMC 20.93 Critical Areas Ordinances ATTACHMENT D Staff Presentation: Chris Young Council Liaison: Marilyn Oertle 6. CPG Grant (Recycling) from Dept of Ecology for 2015-2017 ATTACHMENT E Staff Presentation: Kris Wallace Council Liaison: Austin DeFreece 7. Miscellaneous Council Items Arlington City Council Workshop Monday, October 12, 2015 at 7:00p.m. City Council Chambers – 110 E Third St SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. EXECUTIVE SESSION RECONVENE PUBLIC COMMENT For members of the public to speak to the Council regarding matters on the Council Workshop agenda. Please limit your remarks to three minutes. ADJOURNMENT Mayor Barb Tolbert To open all attachments, click here City of Arlington Council Agenda Bill Item: WS #2 Attachment A COUNCIL MEETING DATE: October 12, 2015 SUBJECT: Review and discuss 2016 preliminary budget and property tax levy ATTACHMENTS: None DEPARTMENT OF ORIGIN Finance: Kristin Garcia – Finance Director EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: On October 5, 2015, the 2016 preliminary budget was delivered to Council. On October 12, 2015, a short presentation will be given to review the budget with discussion to follow. HISTORY: ALTERNATIVES RECOMMENDED MOTION: Workshop; discussion only. City of Arlington Council Agenda Bill Item: WS #3 Attachment B COUNCIL MEETING DATE: October 12, 2015 SUBJECT: Editorial changes to AMC Title 20 Section 20.64.210 ATTACHMENTS: Proposed ordinance change DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Editorial changes to Title 20, Section 20.64.210 Encroachments, is needed to be consistent with the regulatory flood plain law, 44 CFR 60.3 (c)(10) and our local floodplain ordinance. HISTORY: The inconsistent language was brought to our attention during the remand hearing for the Dwayne Lane Chevrolet project in Island Crossing. The proposed development falls within an AE Zone (Special Flood Hazard Area) and this section of the AMC applied. It was later discovered that it was incorrectly written from the Federal Statute. Both FEMA and DOE concur with the needed change. The Planning Commission also concurred with the recommended change and all statutory requirements for the Title 20 change was followed, i.e. Public Notice, Public Hearing, and Dept. of Commerce Review. ALTERNATIVES Approve staff’s recommendation Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: Workshop; discussion only. ORDINANCE NO. 2015-XXX AN ORDINANCE RELATING TO LAND USE AND ZONING; AMENDING SECTION 20.64.210 OF THE ARLINGTON MUNICIPAL CODE WHEREAS, the City of Arlington planning staff recently became aware of an issue regarding the intent and language of Arlington Municipal Code 20.64.210, which relates to encroachments in designated floodways ; and WHEREAS, the city staff has reviewed said provision with representatives of the Federal Emergency Management Agency (FEMA), and they believe the amendment to the ordinance is consistent with the requirements of the National Flood Insurance Program (NFIP); and WHEREAS, the Arlington Planning Commission ("Planning Commission") met to discuss ordinance at its regular meeting on ______________, 2015; and WHEREAS, the City Council was briefed on the issue on January 12, 2015 and on ________________, 2015, the City Council held a public hearing after proper legal notice, and considered public comments and the entire record related to the proposal contained in this ordinance; and WHEREAS, following the public hearing, the City Council deliberated on the code amendment contained in this ordinance; NOW, THEREFORE, the City Council of the City of Arlington, Washington, do ordain as follows: Section 1. Arlington Municipal Code section 20.64.210 shall be and hereby is amended to read as follows: 20.64.210 Encroachments. AE and A1-30 Zones with Base Flood Elevations but No Floodways. In areas where a regulatory floodway has not been designated, In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. Section 2. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days of the date of publication. Section 3. Copy to Commerce Department. Pursuant to RCW 36.70A.106(3), the City Clerk is directed to send a copy of this ordinance to the State Department of Commerce for its files within ten (10) days after adoption of this ordinance. PASSED BY the City Council and APPROVED by the Mayor this _____ day of _______________, 2015. CITY OF ARLINGTON _______________________________ Barbara Tolbert, Mayor Attest: __________________________ Kristin Banfield, City Clerk Approved as to form: __________________________ Steven J. Peiffle City Attorney City of Arlington Council Agenda Bill Item: WS #4 Attachment C COUNCIL MEETING DATE: October 12, 2015 SUBJECT: Editorial Change to AMC Chapter 20.88 – Environmentally Critical Areas ATTACHMENTS: Proposed ordinance change DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Chapter 20.88 contains an Editor’s Note below the Footnote that also causes confusion to the applicant. In reading the editor’s note, it can be construed to imply that 20.88 should have been repealed when Chapter 20.93 was adopted. This may cause the developer to design to Chapter 20.93 when it may not be required. HISTORY: Ordinance 2011-029 was adopted in December of 2011 which contained the requirements for environmentally critical areas within the city’s Shoreline jurisdiction. Chapter 20.88 needed to remain for environmentally critical areas outside of the city’s Shoreline jurisdiction. Now that the title for Chapter 20.93 will be changed there is no longer a need for the Editor’s Note. ALTERNATIVES Approve staff’s recommendation Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: Worksho ; discussion onl . Page 1 Existing Chapter 20.88 ‐ ENVIRONMENTALLY CRITICAL AREAS Sections: FOOTNOTE(S): --- (3) --- Editor's note—Ord. No. 2011-029, § 1, adopted Dec. 5, 2011, set out provisions intended for use as ch. 20.93, Environmentally Critical Areas, and did not specifically repeal ch. 20.88. See Ch. 20.93 for the provisions derived from Ord. No. 2011-029, § 1 Proposed Editor's note—Ord. No. 2011-029, § 1, adopted Dec. 5, 2011, set out provisions intended for use as ch. 20.93, Environmentally Critical Areas, and did not specifically repeal ch. 20.88. See Ch. 20.93 for the provisions derived from Ord. No. 2011-029, § 1 City of Arlington Council Agenda Bill Item: WS #5 Attachment D COUNCIL MEETING DATE: October 12, 2015 SUBJECT: Title Change to AMC Chapter 20.93 – Environmentally Critical Areas ATTACHMENTS: Proposed ordinance change DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Chapter 20.93 is titled “Environmentally Critical Areas” and Chapter 20.88 is also titled “Environmentally Critical Areas”. Chapter 20.93 pertains to environmentally critical areas located in the city’s Shoreline jurisdiction only and 20.88 for all other critical areas outside the shoreline jurisdiction. This discrepancy has resulted in confusion for applicants who are unable to decipher which chapter applies to their proposal. HISTORY: During the adoption of the Shoreline Master Plan the environmentally critical areas portion was proposed as an appendix of the chapter but inadvertently was titled Environmentally Critical Areas instead. The Purpose and Intent of Chapter 20.93 establishes regulations for the protection of environmentally critical areas (ECA’s) within the city’s shoreline jurisdiction only. ALTERNATIVES Approve staff’s recommendation Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: Workshop; discussion only. Page 1 Existing Chapter 20.93 ‐ ENVIRONMENTALLY CRITICAL AREAS Sections: Part I. ‐ Purpose and Intent 20.93.010 ‐ Purpose and intent. This chapter establishes regulations for the protection of environmentally critical areas (ECAs) within the city's shoreline jurisdiction Proposed Chapter 20.93 – ENVIRONMENTALLY CRITICAL AREAS WITHIN THE CITY’S SHORELINE JURISDICTION Formatted: Highlight City of Arlington Council Agenda Bill Item: WS #6 Attachment E COUNCIL MEETING DATE: October 12, 2015 SUBJECT: Coordinated Prevention Grant for Waste Reduction and Recycling FY 2015-2017 ATTACHMENTS: DRAFT Coordinated Prevention Grant Agreement between Department of Ecology and the City of Arlington DEPARTMENT OF ORIGIN Public Works – Kris Wallace EXPENDITURES REQUESTED: $6,518 (over two year period 2015-2017) BUDGET CATEGORY: Recycling Budget LEGAL REVIEW: DESCRIPTION: A grant originating from the Department of Ecology for the amount of $26,071.40, with a $6,517.85 match obligation by the City, to continue to fund the City’s refuse and recycling program for fiscal years 2015-2017. HISTORY: The City has been receiving a Coordinated Prevention Grant (CPG) from the Department of Ecology for over 10 years; this grant is used to fund the City’s refuse and recycling program. The City’s refuse and recycling program provides valuable information and outreach to Arlington’s citizens, business, industries, and schools about efficient and cost effective waste management practices – all of which not only reduce waste tonnage sent to landfills but reduces waste disposal costs for citizens, business and schools. This CPG grant provides funding for the fiscal years 2015-2017. ALTERNATIVES - Table for further discussion - Do not accept grant RECOMMENDED MOTION: Workshop; discussion only. At the next Council meeting staff will recommend: “I move to accept the Coordinated Prevention Grant offered by the Department of Ecology for fiscal year 2015 to 2017 and authorize the mayor to sign the grant agreement, pending final review by the City Attorney.” Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 1 of 17 Agreement W2RCPG-1517-ArliPW-00105 WASTE 2 RESOURCES COORDINATED PREVENTION GRANT PROGRAM AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND City of Arlington 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 Arlington , hereinafter referred to as the "RECIPIENT" to carry out with the provided funds activities described herein. 2015-17 CPG Arlington IMP GENERAL INFORMATION Project Title: Total Cost:$26,071.40 Total Eligible Cost:$26,071.40 Ecology Share:$19,553.55 Recipient Share:$6,517.85 The Effective Date of this Agreement is:07/10/2015 The Expiration Date of this Agreement is no later than 06/30/2017 Project Type:Implementation Project Short Description: The RECIPIENT, in contract with a consultant, will provide recycling and waste reduction (WR&R) technical assistance to and waste stream analyses for City businesses with its $26,071.40 grant monies, while also expanding existing and creating new WR&R programs for multi-family properties and schools in Arlington. Programs will be monitored for contamination and correct material collection. By making 22 multi-family residential complex contacts, 41 business and eight (8) school contacts using new and existing outreach materials, the RECIPIENT plans to gain program participation of 15 multi-family residential complexes,18 businesses and three (3) schools, resulting in the diversion of 73 tons of material from the landfill over the grant cycle. Project Long Description: N/A Overall Goal: Provide regional solutions and intergovernmental cooperation ; prevent or minimize environmental contamination W2RCPG-1517-ArliPW-00105 Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 2 of 17 through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. W2RCPG-1517-ArliPW-00105 Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 3 of 17 RECIPIENT INFORMATION Organization Name:City of Arlington Federal Tax ID:91-6001401 DUNS Number: 165590043 Mailing Address: 154 W Cox Arlington, WA, 98223 Physical Address: 154 W Cox Arlington, Washington, 98223 Contacts Project Manager Jack Harris 5419 Greenwood Ave North Seattle, Washington, 98103 Email: jharris@seanet.com Phone: (206) 755-5225 Billing Contact Authorized Signatory Kris Wallace Public Works Executive Assistant & Staff Accountant 154 W Cox Arlington, Washington, 98223 Email: kwallace@arlingtonwa.gov Phone: (360) 403-3538 Kris M Wallace Public Works Executive Assistant & Staff Accountant 154 W Cox Arlington, Washington, 98223 Email: kwallace@arlingtonwa.gov Phone: (360) 403-3538 Organization Email:kwallace@arlingtonwa.gov Organization Fax:(360) 435-7944 W2RCPG-1517-ArliPW-00105 Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 4 of 17 ECOLOGY INFORMATION Mailing Address: Department of Ecology Waste 2 Resources PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Waste 2 Resources 300 Desmond Drive Lacey, WA 98503 Contacts Project Manager Vicki Colgan 3190 160th Ave SE Bellevue, Washington, 98008-5452 Email: vcol461@ecy.wa.gov Phone: (425) 649-7224 Financial Manager Vicki Colgan 3190 160th Ave SE Bellevue, Washington, 98008-5452 Email: vcol461@ecy.wa.gov Phone: (425) 649-7224 W2RCPG-1517-ArliPW-00105 Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 5 of 17 SCOPE OF WORK Task Number:1 Task Cost: $26,071.40 Task Title:Waste Reduction and Recycling Program Task Description: The RECIPIENT, under contract with a consultant, will provide recycling and waste reduction (WR&R) technical assistance to City businesses, multi-family properties and schools in Arlington. WR&R information, introduction letters, survey forms, and education/ promotion information will be created to supplement the existing materials that support the outreach and education efforts . Program emphasis will be on developing new recycling programs and waste stream evaluations with recommendations that lead more businesses to reduce waste; on starting new and expanding existing recycling programs within multi-family properties; and on conducting school WR&R evaluations and assessments to maximize recycling and organics diversion programs and reduce school waste . Recycling and organics programs will be monitored for contamination and correct material collection . Task Goal Statement: The goal of the Waste Reduction and Recycling Program is to reduce waste and increase waste reduction and recycling activities and participation in City businesses, multi-family properties and schools. Task Expected Outcome: By making 22 multi-family residential complex contacts, 41 business and eight (8) schools contacts in Arlington using new and existing outreach materials, the RECIPIENT plans to gain participation of 15 multi-family complexes,18 businesses and three (3) schools, resulting in the diversion of 73 tons of material from the landfill over the grant cycle. Recipient Task Coordinator: Jack Harris W2RCPG-1517-ArliPW-00105 Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 6 of 17 Deliverables Waste Reduction and Recycling Program Number Description Due Date 1.1 Q1: Anticipate working to finalize grant contract with Ecology, no grant work to start until Oct. due to grant timing Q2: WR&R promotion/ assistance to businesses, multi-family properties, schools. Program reporting. Q3: WR&R promotion/ assistance to businesses, multi-family properties, schools. Program reporting. Q4: WR&R promotion/ assistance to businesses, multi-family properties, schools. Program reporting. Q5: WR&R promotion/ assistance to businesses, multi-family properties, schools. Program reporting. Q6: WR&R promotion/ assistance to businesses, multi-family properties, schools. Program reporting. Q7: WR&R promotion/ assistance to businesses, multi-family properties, schools. Program reporting. Anticipate grant work complete, work to finalize contract and final reports. W2RCPG-1517-ArliPW-00105 Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 7 of 17 BUDGET Funding Distribution EG160150 Funding Title:State Building Construction Account Funding Type:Grant Funding Effective Date:07/10/2015 Funding Source: Funding Expiration Date:06/30/2017 State Building Construction Account Task Total Waste Reduction and Recycling Program 26,071.40 26,071.40$Total: W2RCPG-1517-ArliPW-00105 Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 8 of 17 Funding Distribution Summary Recipient / Ecology Share $$$%19,553.55 26,071.406,517.8525.00State Building Construction Account Total 6,517.85 19,553.55 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS Indirect costs can be charged at a rate of up to 25% of salaries and benefits. 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. 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 the department 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. 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 W2RCPG-1517-ArliPW-00105 Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 9 of 17 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. Federal Funding Accountability And Transparency Act (FFATA) Reporting Requirements: RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any RECIPIENT that meets each of the criteria below must also report compensation for its five top executives , using FFATA Data Collection Form. ·Receives more than $25,000 in federal funds under this award; and ·Receives more than 80 percent of its annual gross revenues from federal funds; and ·Receives more than $25,000,000 in annual federal funds ECOLOGY will not pay any invoice 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>. GENERAL TERMS AND CONDITIONS 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/1401002.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.ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological or cultural W2RCPG-1517-ArliPW-00105 Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 10 of 17 resources. Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to approval by ECOLOGY. RECIPIENT shall: a)Immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this Agreement . b)Immediately notify the Department of Archaeology and Historic Preservation at (360) 586-3064, in the event historical or cultural artifacts are discovered at a work site. c)Comply with Governor Executive Order 05-05, Archaeology and Cultural Resources, for any capital construction projects prior to the start of any work. d)Comply with RCW 27.53, Archaeological Sites and Resources, for any work performed under this Agreement , as applicable. National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact cultural or historic properties. 4.ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT . 5.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. 6.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 may require approval by ECOLOGY prior to purchase. 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 Department of Enterprise Services’ Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W -9 form at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@des.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 should submit final requests for compensation within thirty (30) days after the expiration date of this Agreement. Failure to comply may result in delayed reimbursement. 7.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 . W2RCPG-1517-ArliPW-00105 Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 11 of 17 b)RECIPIENT agrees to be bound by all 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. 8.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 . 9.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 . 10.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 W2RCPG-1517-ArliPW-00105 Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 12 of 17 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. Nothing in this contract will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the dispute resolution procedure outlined above. 11.ENVIRONMENTAL STANDARDS a)RECIPIENTS who collect environmental-monitoring data must provide these data to ECOLOGY using the Environmental Information Management System (EIM). To satisfy this requirement these data must be successfully loaded into EIM, see instructions on the EIM website at: http://www.ecy.wa.gov/eim. b)RECIPIENTS are required to follow ECOLOGY’s data standards when Geographic Information System (GIS) data are collected and processed. More information and requirements are available at: http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENTS 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. c)RECIPIENTS must prepare a Quality Assurance Project Plan (QAPP) when a project involves the collection of environmental measurement data. QAPP is to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating data. RECIPIENTS must follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004 (Ecology Publication No. 04-03-030). ECOLOGY shall review and approve the QAPP prior to start of work . The size, cost, and complexity of the QAPP should be in proportion to the magnitude of the sampling effort . 12.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 . 13.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 . 14.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. 15.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. 16.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 (WBE) businesses in purchases and contracts initiated under this Agreement . W2RCPG-1517-ArliPW-00105 Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 13 of 17 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. 17.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) Scope of Work; (c) Special Terms and Conditions; (d) Any provisions or terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (e) the General Terms and Conditions. 18.PRESENTATION AND PROMOTIONAL MATERIALS RECIPIENT shall obtain ECOLOGY’s approval for all communication materials or documents related to the fulfillment of this Agreement. Steps for approval: a)Provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution of any documents or materials compiled or produced. b)ECOLOGY reviews draft copy and reserves the right to require changes until satisfied . c)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, such as a refrigerator magnet with a message as well as media announcements, and any other online communication products such as Web pages , blogs, and Twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT must provide a complete description including photographs, drawings, or printouts of the product that best represents the item. RECIPIENT shall include time in their project timeline for ECOLOGY’s review and approval process . RECIPIENT shall acknowledge in the materials or documents that funding was provided by ECOLOGY . 19.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 quarter being reported. e)RECIPIENT shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format. 20.PROPERTY RIGHTS W2RCPG-1517-ArliPW-00105 Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 14 of 17 a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, 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: a.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. b.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. 21.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, 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. W2RCPG-1517-ArliPW-00105 Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 15 of 17 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 . 22.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. 23.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 . 24.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. 25.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. 26.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 packaging, office products that are refillable, rechargeable, and recyclable, and 100% post consumer recycled paper. W2RCPG-1517-ArliPW-00105 Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 16 of 17 For more suggestions visit ECOLOGY’s web pages: Green Purchasing, http://www.ecy.wa.gov/programs/swfa/epp and Sustainability, www.ecy.wa.gov/sustainability. 27.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. 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 . 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. d)In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other W2RCPG-1517-ArliPW-00105 Agreement No:W2RCPG-1517-ArliPW-00105 Project Title:2015-17 CPG Arlington IMP Recipient Name:City of Arlington Page 17 of 17 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. 28.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 . 29.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. W2RCPG-1517-ArliPW-00105