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HomeMy WebLinkAbout11-05-18 Council Meeting 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 711 (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 – Kristin     APPROVAL OF THE AGENDA  Mayor Pro Tem Marilyn Oertle    INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS  Fire Department Phoenix Award   Dave Kraski    PROCLAMATIONS  National Hospice and Palliative Care Month          ATTACHMENT A  Mayor Pro Tem Marilyn Oertle     PUBLIC COMMENT  For members of the public who wish to speak to the Council about any matter not on the Public Hearing  portion of the meeting.  Please limit remarks to three minutes.    CONSENT AGENDA       Mayor Pro Tem Marilyn Oertle           1. Minutes of the October 8 and October 15, 2018 Council Meetings and       ATTACHMENT B        And October 22, 2018 Work Session and Workshop  2. Accounts Payable  3. Accepting Dedication of Right of Way for 7‐Eleven       ATTACHMENT C  4. Lift Station #2 Project Close‐Out                ATTACHMENT D    PUBLIC HEARING  1. 2019‐2020 Preliminary Budget             ATTACHMENT E       Staff Presentation:  Kristin Garcia       Council Liaison:  Mayor Pro Tem Marilyn Oertle    2. Proposed 2019 Regular Property Tax Levy          ATTACHMENT F       Staff Presentation:  Kristin Garcia       Council Liaison:  Mayor Pro Tem Marilyn Oertle    Arlington City Council Meeting                                                             Monday, November 5, 2018 at 7:00 pm        City Council Chambers – 110 E 3rd Street 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 711 (TDD only) prior to the meeting date if special accommodations are required.  3. Proposed 2019 EMS Property Tax Levy           ATTACHMENT G        Staff Presentation:  Kristin Garcia       Council Liaison:  Mayor Pro Tem Marilyn Oertle    NEW BUSINESS   1. Use of Proceeds for Washington Avenue Surplus Property Sale    ATTACHMENT H       Staff Presentation:  Kristin Garcia       Council Liaison:  Mayor Pro Tem Marilyn Oertle    2. Interlocal Agreement with North County Fire for Shared Fire Marshal    ATTACHMENT I      and Medical Services Administrator       Staff Presentation:  Dave Kraski       Council Liaison:  Sue Weiss    3. Department of Ecology Grant for Street Sweeper        ATTACHMENT J       Staff Presentation:  Jim Kelly       Council Liaison:  Sue Weiss/Josh Roundy    DISCUSSION ITEMS    INFORMATION    ADMINISTRATOR & STAFF REPORTS  Paul Ellis    MAYOR’S REPORT    EXECUTIVE SESSION    RECONVENE    ADJOURNMENT  Mayor Barb Tolbert  CITY OF ARLINGTON PROCLAMATION National Hospice and Palliative Care Month WHEREAS, all people are encouraged to learn about options for care – options like hospice and palliative care – before they are confronted with a healthcare crisis and to share such wishes through appropriate advance care planning activities; WHEREAS, hospice and palliative care empower people to live as fully as possible, surrounded and supported by family and loved ones, despite serious and life-limiting illness; WHEREAS, hospice and palliative care bring patients and family caregivers the highest quality care delivered by an interdisciplinary team of skilled professionals that includes physicians, nurses, social workers, therapists, counselors, health aides, spiritual care providers and others who make the wishes of each patient and family a priority; WHEREAS, advance care planning involves making decisions about the healthcare an individual would want to receive if he or she were facing a serious or life-limiting illness or if they were unable to speak for themselves; WHEREAS, through pain management and symptom control, caregiver training and assistance, and emotional and spiritual support, allowing patients to live fully up until the final moments, surrounded and supported by the faces of loved ones, friends, and committed caregivers, hospice and palliative care focus on quality of living; WHEREAS, Each year, hospice saves Medicare more than $2 billion by providing solutions for physicians, care to patients and comfort to families anywhere, at any time. WHEREAS, every year more than 1.65 million Americans living with life-limiting illness, and their families, received care from the nation’s hospice programs in communities throughout the United States; WHEREAS, more than 430,000 trained volunteers contribute 19 million hours of service to hospice program annually; WHEREAS, hospice and palliative care providers encourage all people to learn more about options of care and to share their wishes with family, loved ones, and their healthcare professionals; NOW, THEREFORE, I, Barbara Tolbert, Mayor of the City of Arlington, Washington, do hereby proclaim November 2018 as National Hospice and Palliative Care Month and encourage citizens to increase their understanding and awareness of care at the end of life and to observe this month with appropriate activities and programs. ___________________________________ Mayor Barbara Tolbert DRAFT Page 1 of 3 Council Chambers 110 East Third Street October 8, 2018 Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Joshua Roundy, Jesica Stickles, Sue Weiss, and Jan Schuette. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, Jonathan Ventura, Dave Kraski, Marc Hayes, James Trefry, Kristin Banfield, Sarah Lopez, Greg Koontz, Willy Harper, Sam Johnston, Andrew Shannon, Joe Oxos, and City Attorney Steve Peiffle. Also Known to be Present: Doug Buell, Lindsey Dunn, Robb Miller, Grace Saenz, Enija Reed, Jaea Davidson, Bob Nelson, and Mary Levesque. Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the pledge of allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle moved to approve the agenda with the first item to be the Fire Prevention Week proclamation. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote. PROCLAMATIONS Mayor Barb Tolbert read the proclamation declaring October 7‐13 Fire Prevention Week and recognized the staff from Arlington Fire Department present for the workshop. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Arlington Youth Council Mayor Barb Tolbert and Community Revitalization Project Manager Sarah Lopez introduced three of the seven members of the Arlington Youth Council to the Council, Grace Saenz, Enija Reed, and Jaea Davidson. Mayor Tolbert recognized outgoing Youth Council members Cole Cramer, Olivia Walker, and Aryana Ahlen for their work during the past year. Retail Marketing Presentation Community and Economic Development Director Marc Hayes introduced Robb Miller with Buxton Corporation to discuss marketing of Arlington to retailers. With the use of a PowerPoint presentation, Mr. Miller explained Buxton’s data‐driven approach to retail recruitment to match Arlington to retailers to create net new sales. Discussion followed with Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop October 8, 2018 Page 2 of 3 Mr. Miller answering Council questions. A contract for Buxton to assist Arlington with marketing to retailers is included in the 2019‐2020 biennial budget. WORKSHOP ITEMS – NO ACTION WAS TAKEN Civil Service Commission Appointment Human Resources Director James Trefry reviewed the request to appoint Michele Blythe to the Civil Service Commission. A position on the Civil Service Commission became vacant in February 2018, when Commissioner Steve Peterson resigned. The Civil Service Commissioner Selection Committee interviewed six candidates for the open position on the Civil Service Commission. After discussion of the candidates’ experience and qualifications, it was determined that Michele Blythe had the most relevant experience and was the best choice for the position. Discussion followed. Youth Council Appointments Community Revitalization Project Manager Sarah Lopez reviewed the request to appoint the following students to the Arlington Youth Council: Alec Villa, Grace Williams, Victoria Wilde, Enija Reed, Jaea Davidson, Grace Saenz, and Olivia Weaver. Alec, Grace Williams and Victoria are returning members. Youth in grades 8‐12 who reside in the Arlington School District or have an Arlington address are eligible to apply to the Arlington Youth Council. The Youth Council was created in 2016 as a strategy for community revitalization and to give the youth a voice in city government. Discussion followed. Athletic Field Fee Revisions Community Revitalization Project Manager Sarah Lopez reviewed the request to increase athletic field use fees to help offset maintenance and replacement costs. Staff is proposing to change the field use fee for youth to an hourly rate instead of a per youth per season cost. Per hour rates are industry standard for athletic fields. With this change, leagues and teams will pay for actual time used on the fields. Staff is also proposing to eliminate the $15.00 scheduling fee, eliminate the concession sales fee, and change the lighting fee to per 1.5 hours instead of per 1 hour. Discussion followed. Ms. Lopez noted that this item will be included in the update of the fee resolution, which will be presented to Council in November. Interlocal Agreement with Snohomish County for Joint Operations and Maintenance of Twin Rivers Park Community Revitalization Project Manager Sarah Lopez reviewed the proposed Interlocal Agreement with Snohomish County for Joint Operations and Maintenance of Twin Rivers Park. The agreement defines the responsibilities of the County and the City for the joint operation of Twin Rivers park. The agreement is for 5 years and has been in place for over 30 years. Discussion followed with Ms. Lopez answering Council questions. Interlocal Agreement with Arlington School District for Community Garden Space Community Revitalization Project Manager Sarah Lopez reviewed the proposed Interlocal Agreement with the Arlington School District for Community Garden Space on district owned property at 505 E. Third Street adjacent to Presidents Elementary and the District office. The current community garden on city owned property is being vacated due to sale of the property. Discussion followed. Minutes of the City of Arlington City Council Workshop October 8, 2018 Page 3 of 3 Grant Acceptance from Stillaguamish Tribe for Purchase of EMS Equipment Acting Fire Chief Dave Kraski reviewed the proposed grant acceptance from the Stillaguamish Tribe Impact Grant for $22,000 and authorize the fund expenditure to purchase a LUCAS CPR device. Discussion followed. MISCELLANEOUS ITEMS City Administrator Paul Ellis reviewed the offers the city has received on the York property and the Washington Avenues properties. The properties were listed in September with a commercial broker that the City selected after a published request for proposal (RFP) process. The City received a $200,000 cash offer for the York property, which was listed for $195,000. The City received a full price $800,000 cash offer for the Washington Avenue properties. Mr. Ellis noted that the Council would be requested to approve the sale of the properties at the October 15, 2018 meeting. Discussion followed. Mayor Barb Tolbert thanked the Council for their full participation in the annual Council Budget Retreat which was held on October 6, 2018. PUBLIC COMMENT None. COUNCILMEMBER REPORTS Councilmembers Oertle, Nelson, Schuette, and Stickles had brief reports, while Councilmembers Weiss, Hopson and Roundy had nothing to report this evening. EXECUTIVE SESSION None. REVIEW OF ITEM PLACEMENT FOR NEXT MEETING Council reviewed the items from the evening and requested that the Youth Council appointments and the grant acceptance from the Stillaguamish Tribe on the Consent Agenda for the October 15, 2018 meeting. All other items were placed under the New Business portion of the meeting. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:22 p.m. _________________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 4 Council Chambers 110 East Third St October 15, 2018 Council Members Present: Mike Hopson, Jan Schuette, Marilyn Oertle, Sue Weiss, and Jesica Stickles. Council Members Absent: Debora Nelson and Joshua Roundy. City Staff Present: Mayor Barb Tolbert, Paul Ellis, Kristin Garcia, James Trefry, Jonathan Ventura, Dan Cone, Sarah Lopez, Kristin Banfield, Dustin Bartlett, Mike Ellis, Rhonda Urton, Mike Knight, Shane Sharp, Peter Barrett, Mike Gilbert, Mike McQuoid, Kay Schander, Mike Phillips, Andrea Hill, Molly Ingram, Mark Wilde, Stephanie Ambrose, Seth Kinney, and City Attorney Steve Peiffle. Also Known to be Present: Lindsay Dunn, Barb Butner, Bob Leonard, family and friends of former Councilmember and Police Sergeant Dick Butner, Kathy Bullene, Eileen Ray, Char O’Neal, Susan Pontius, and Michele Blythe. Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the pledge of allegiance followed. APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle moved and Councilmember Sue Weiss seconded the motion to approve the agenda. The motion passed unanimously. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Dedication of Butner Board Room Mayor Barb Tolbert SWEARING IN Deputy Police Chief Dan Cone introduced new Police Officers Shane Sharp, Dustin Bartlett, Rhonda Urton, Mike Ellis, and Mike Knight to the Council. City Attorney Steve Peiffle administered the oath of office to all five officers. PROCLAMATIONS Mayor Barb Tolbert read the proclamation declaring October 21‐27 as Friends of the Library Week and recognized the Friends in attendance for their dedication and hard work. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting October 15, 2018 Page 2 of 4 PUBLIC COMMENT None. CONSENT AGENDA Mayor Pro Tem Marilyn Oertle moved and Councilmember Jan Schuette seconded the motion to approve the Consent Agenda which was unanimously carried: 1. Minutes of the October 1, 2018 council meeting and the October 6 Council budget retreat. 2. Accounts Payable: Approval of EFT Payments and Claims Checks #95024 through #95177 dated October 2, 2018 through October 15, 2018 for $569,376.04 and approval of EFT Payments and Payroll Checks #29340 through #29349 dated September 1, 2018 through September 30, 2018 for $1,262,534.04. 3. Youth Council appointments. 4. Grant acceptance from Stillaguamish Tribe for purchase of EMS equipment. PUBLIC HEARING None. NEW BUSINESS Civil Service Commission Appointment Human Resources Director James Trefry reviewed the request to appoint Michele Blythe to the Civil Service Commission. A position on the Civil Service Commission became vacant in February 2018, when Commissioner Steve Peterson resigned. The Civil Service Commissioner Selection Committee interviewed six candidates for the open position on the Civil Service Commission. After discussion of the candidates’ experience and qualifications, it was determined that Michele Blythe had the most relevant experience and was the best choice for the position. Discussion followed. Councilmember Jesica Stickles moved and Councilmember Mike Hopson seconded the motion to appoint Michele Blythe to fill the vacant position on the Civil Service Commission. The motion passed unanimously. Sale of Washington Avenue Surplus Property City Administrator Paul Ellis reviewed the offer received on the sale of the four City‐owned lots on the west side of Washington Avenue between 1st and 2nd Streets that were previously surplussed by Council. The property was offered for sale for $800,000 and the city received a cash offer for full price from DGM Partners, LLC. Discussion followed with Council requesting staff return with an action to use a portion of the proceeds of the sale of the property for the relocation of the Community Garden, a storage building for the Friends of the Library, and additional parking for the library. Mayor Pro Tem Marilyn Oertle moved and Councilmember Jesica Stickles seconded the motion to approve the sale of the four parcels on the west side of Washington Avenue, and authorize the Mayor to sign the purchase and sale documents, pending legal review. The motion passed unanimously. Minutes of the City of Arlington City Council Meeting October 15, 2018 Page 3 of 4 Sale of York Property City Administrator Paul Ellis reviewed the offer received on the sale of the City‐owned lot adjacent to York Park on 180th St NE. The Council declared the lot as surplus in an earlier action and authorized staff to list the property with a commercial real estate broker. The property was listed for sale by Keller Williams Realtors for $195,000. The city received an offer from Hansen/Occhiuto for $200,000. Discussion followed. Mayor Pro Tem Marilyn Oertle moved and Councilmember Sue Weiss seconded the motion to approve the sale of the York property, and authorize the Mayor to sign the purchase and sale documents pending legal review. The motion passed unanimously. Interlocal Agreement with Snohomish County for Joint Operations and Maintenance of Twin Rivers Park Community Revitalization Project Manager Sarah Lopez reviewed the proposed Interlocal Agreement with Snohomish County for Joint Operations and Maintenance of Twin Rivers Park. The agreement defines the responsibilities of the County and the City for the joint operation of Twin Rivers Park. The agreement is for 5 years and has been in place for over 30 years. Discussion followed. Mayor Pro Tem Marilyn Oertle moved and Councilmember Jesica Stickles seconded the motion to approve the Interlocal Agreement with Snohomish County for joint operations and maintenance of Twin Rivers Park, and authorize the Mayor to sign the agreement. The motion passed unanimously. Interlocal Agreement with Arlington School District for Community Garden Space Community Revitalization Project Manager Sarah Lopez reviewed the proposed Interlocal Agreement with the Arlington School District for Community Garden space on district owned property at 505 E. Third Street adjacent to Presidents Elementary and the district office. The current community garden on city owned property is being vacated due to sale of the property. Discussion followed. Mayor Pro Tem Marilyn Oertle moved and Councilmember Jesica Stickles seconded the motion to approve the Interlocal Agreement with Arlington School District for Community Garden Space, and authorize the Mayor to sign the agreement. The motion passed unanimously. DISCUSSION ITEMS None. INFORMATION None. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis requested that on October 22, Council hold a 30 minute work session prior to the regularly scheduled workshop to review the Council goals for the economic development and tourism grant disbursement for 2019 with the Lodging Tax Advisory Committee. Mr. Ellis reminded the Council that there will be a joint meeting on Monday, October 29, 2018, beginning at 6:00 p.m., with the Arlington School District Board of Directors, the Snohomish County Public Hospital District #3 Board, the Skagit County Public Hospital Minutes of the City of Arlington City Council Meeting October 15, 2018 Page 4 of 4 District #1 Board, and the leaders of Skagit Valley Hospital system. The purpose is to discuss items of mutual interest. The meeting will be held at the Byrnes Performing Arts Center. MAYOR REPORT Mayor Barb Tolbert shared that the Arlington Community Resource Center (ACRC) received a Change Maker Award at the Edge of Amazing Conference last week. She noted that the ACRC has assisted 3,500 customers in 2018. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:28 p.m. ______________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 1 Council Chambers 110 East Third Street October 22, 2018 Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Joshua Roundy, Jesica Stickles, Sue Weiss, and Jan Schuette. Council Members Absent: None. Staff Present: Mayor Barbara Tolbert, Paul Ellis, Dave Kraski, Kristin Garcia, Jim Kelly, Marc Hayes, James Trefry, Kristin Banfield, Erin Keator, and City Attorney Steve Peiffle. Also Known to be Present: Kevin Duncan, Caroline Diemer, Doug Buell, and Sarah Arney. Mayor Tolbert called the work session on the Lodging Tax Tourism Priorities to order at 6:30 p.m. Lodging Tax Tourism Priorities Finance Director Kristin Garcia reviewed the lodging tax tourism priorities with Council for clarity purposes as the Lodging Tax Advisory Committee reviews the submitted grant applications for 2019 grant awards. On behalf of the committee, Finance Director Kristin Garcia requested some additional context on the goals and whether any have more weight than others. Discussion followed. Ms. Garcia shared that twenty applications were received totaling $231,891. The 2019 preliminary budget reflects the total amount to be awarded of $145,000. Six of the applications are for events that have not previously applied for funding. Ms Garcia reviewed the next steps in the process, which include interviews with the applicants on November 7 to assist in the decision making process. A recommendation will be brought to council no later than December 10, 2018. ADJOURNMENT With no further business to come before the Council during the work session, the meeting was adjourned at 6:58 p.m. ____________________________ Barbara Tolbert, Mayor Minutes of the Arlington City Council Work Session DRAFT Page 1 of 3 Council Chambers 110 East Third Street October 22, 2018 Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Joshua Roundy, Sue Weiss, Jesica Stickles, and Jan Schuette. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, Kristin Garcia, Marc Hayes, Dave Kraski, Jim Kelly, James Trefry, Kristin Banfield, Erin Keator, and City Attorney Steve Peiffle. Also Known to be Present: Kevin Duncan, Caroline Diemer, Doug Buell, Sarah Arney, Lindsay Dunn. Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the pledge of allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle moved to approve the agenda as presented. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Caroline Diemer ‐ Washington DECA With the use of a PowerPoint presentation, Caroline Diemer, Washington DECA, shared information about DECA, the DECA program at Arlington High School, her personal experience with the DECA program, and ways for the Council and community to be involved with the DECA program. Discussion followed. WORKSHOP ITEMS – NO ACTION WAS TAKEN Review of City Council Budget Retreat and 2019‐2020 Preliminary Budget Finance Director Kristin Garcia reviewed the 2019‐2020 Preliminary Budget with Council She noted that the Council budget retreat was held on October 6, 2018 to review and discuss the city’s 2019 – 2020 preliminary budget. The preliminary budget document has been prepared incorporating items of discussion during the retreat, including council goals and priorities. Two changes to the budget were made as noted during the retreat 1) $7,000 of the total fire academy training budget was moved from 2020 to 2019 and 2) Runway 16/34 Lighting project was added to the airport CIP budget for $1.6 million, $1.4 million expected to be funded by the FAA. State law requires the preliminary budget be on file to the public prior to the public hearing. The preliminary budget will be made available to the public on October 23, 2018 through the website and a public hearing will be held November 5, 2018. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop October 22, 2018 Page 2 of 3 The final budget ordinance will brought to council on November 19, 2018. Discussion followed. Use of Proceeds for Washington Avenue Surplus Property Sale City Administrator Paul Ellis reviewed the proposed use of proceeds from the Washington Avenue Surplus property sale, including to: Relocate the community garden (not to exceed $21,000), purchase a storage building for Friends of the Library use, (not to exceed $7,500), and additional parking at Arlington Library (not to exceed $6,000). Discussion followed with Council requesting that staff add in an additional $10,000 to complete the fencing around the community garden. Interlocal Agreement with North County Regional Fire Authority for Shared Fire Marshal and Emergency Medical Services Administrator Acting Fire Chief Dave Kraski reviewed the interlocal agreement with North County Regional Fire Authority for shared services. Each agency currently has the need for a Fire Marshal and Medical Services Administrator, but lacks the workload and funding to fill those roles on a fulltime basis. This is a creative way to fill the vacancies in an affordable manner to each agency. The two individuals will work across our agency borders. Discussion followed. Accepting Dedication of Real Property for Right of Way Purposes (7‐Eleven) Community and Economic Development Director Marc Hayes reviewed the proposed right of way dedication from Cadence Capital Investments (dba 7‐Eleven) for Conveyance of a strip of real property on 204th Street NE near Highway 9 for the purpose of widening and improving the existing sidewalk. Discussion followed. Department of Ecology Grant for Street Sweeper Public Works Director Jim Kelly reviewed the grant acceptance from Department of Ecology for $262,500 to fund a high efficiency street sweeper. The City match is 25% of the purchase price of the sweeper ($87,500) and has been budgeted for in the Equipment Replacement Fund budget for 2018. Discussion followed. Lift Station #2 Project Closeout Public Works Director Jim Kelly reviewed the project closeout for Lift Station #2 that was completed by Equity Builders, LLC. Discussion followed. COUNCIL MISCELLANEOUS ITEMS None. PUBLIC COMMENT Kevin Duncan remarked that the new commercial terminal at Paine Field will have a positive impact on Arlington Municipal Airport activity and he encouraged that airport staff continue to work on non‐conforming hangar storage. He also requested that airport staff issue NOTAMs (Notice to Airmen) when weather significantly impacts operations at the airport, such as the smoke experienced this summer or the recent fog. He also requested that if the Hangar 57B sale cannot be completed before the end of the year that he be given additional time to replace the roof so it does not have to be done in inclement weather. Minutes of the City of Arlington City Council Workshop October 22, 2018 Page 3 of 3 Sarah Arney, Arlington Arts Council President, shared that the Annual Art Auction raised $8,000 for art in the community. She requested that as the Council concludes the budget process that it use a small portion of one‐time construction sales tax for some sort of funding for the arts in the community. COUNCILMEMBER REPORTS Councilmembers Nelson, Oertle, Hopson, Schuette, and Stickles had brief reports, while Councilmembers Roundy and Weiss had nothing to report this evening. EXECUTIVE SESSION None. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Council reviewed the items from the evening and requested that the right of way dedication and the Lift Station #2 closeout be placed on the Consent Agenda for the November 5, 2018 meeting. All other items will be placed under the New Business portion of the meeting. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:01 p.m. _________________________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment C COUNCIL MEETING DATE: November 5, 2018 SUBJECT: Accepting dedication of real property for right of way purposes ATTACHMENTS: Legal description including exhibit map with area highlighted depicting the proposed deeded property from Cadence Capital Investments, dba 7‐Eleven DEPARTMENT OF ORIGIN Community and Economic Development EXPENDITURES REQUESTED: ‐0‐ BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Conveyance of a strip of real property on 204th Street NE, described in Exhibit A for the purpose of widening and improving the existing sidewalk. HISTORY: Dedication of property for right of way purposes related to new development typically occurs through the land use process, pursuant to 20.56.170 AMC. Council must accept dedications of property. ALTERNATIVES: None RECOMMENDED MOTION: I move to accept the dedication of the described real properties as right of way for the purposes of sidewalk widening. Project Name: Cadence Arlington ALTA July, 18 2018 OBH / JSE 20217L.001 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION THAT PORTION OF LOT 4 OF CITY OF ARLINGTON PLAT OF ARLINGTON RETAIL, ACCORDING TO THE PLAT THEREOF RECORDED UNDER AUDITOR'S FILE NO. 200103195005, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, LYING IN A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE SOUTH 88°37'46" EAST, 150.11 FEET ALONG THE NORTH LINE OF SAID LOT 4; THENCE SOUTH 89°16'06" EAST, 37.69 FEET TO A POINT OF TANGENCY; THENCE EASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 42°47'57", AND AN ARC LENGTH OF 18.67 FEET TO A POINT ON A NON-TANGENT CURVE, THE RADIUS OF WHICH BEARS SOUTH 08°14'32" WEST; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 460.54 FEET, THROUGH A CENTRAL ANGLE OF 02°20'42", AND AN ARC LENGTH OF 18.85 FEET; THENCE NORTH 88°19'29" WEST, 186.10 FEET TO THE WEST LINE OF SAID LOT 4; THENCE NORTH 01°22'14" EAST, 3.19 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. CONTAINS 761 SQUARE FEET, MORE OR LESS (0.017 ACRES +/-) 7/19/2018 Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data arecompiled from a variety of sources which may contain errors and users who rely upon the information doso at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for anyand all liability of any nature arising out of or resulting from the lack of accuracy or correctness of thedata, or the use of the data presented in the maps. Exhibit A7 Eleven ROW Dedication ± City of Arlington Date: File: Cartographer: Scale:7Eleven8.5x11_18 8/2/2018 akc 1 inch = 50 feet Parcels ROW Dedication (proposed) ROW Dedication BARTELLDRUGS 204TH ST NE ?| City of Arlington Council Agenda Bill Item: CA #4 Attachment D COUNCIL MEETING DATE: November 5, 2018 SUBJECT: Lift Station #2 Rehabilitation Project Closeout ATTACHMENTS: ‐ Project Acceptance Letter ‐ Project Close Out Form DEPARTMENT OF ORIGIN Public Works – Jim Kelly EXPENDITURES REQUESTED: None BUDGET CATEGORY: Wastewater Capital Fund BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Council is being asked to approve final acceptance of the Lift Station #2 Rehabilitation project that was completed by Equity Builders, LLC. HISTORY: Following a competitive bid, Equity Builders, LLC. was awarded the Lift Station #2 Rehabilitation Project and the City entered into contract with Equity Builders on May 2, 2017. The project is now fully complete in accordance with the terms of the contract and to the satisfaction of the City. A summary of the construction costs is as follows: Base Bid Price: $ 832,111.16 Force Account Overage: $ 353.39 Final Billed Cost: $ 832,464.55 ALTERNATIVES: ‐ Remand to staff for further consideration ‐ Do not accept project completion RECOMMENDED MOTION: I move to approve Project Close Out of the Lift Station No. 2 Rehabilitation Contract in the amount of $832,464.55 and authorize the mayor to sign the Letter of Acceptance, pending final review by the City Attorney. City Of Arlington Public Works Department 154 W. Cox  Arlington, WA 98223  360-403-3526 DATE: October 9, 2018 TO: Mayor Tolbert and Arlington City Council FROM: James X. Kelly, Public Works Director SUBJECT: PROJECT ACCEPTANCE Lift Station 2 Rehabilitation Project No. P02.414 Project Title Staff has certified the construction performed by Equity Builders, LLC. __ as complete and in compliance with the terms of the construction contract as awarded by the City Council. The final accounting of the cost of the project is as follows: Contract Award Amount $ 832,111.16 . Change Orders $ 0 . Over-runs/Under-runs $ 353.39 . Final Contract Cost $ 832,464.55 . Staff recommends official acceptance by the City. If you concur, please sign below: On behalf of the City of Arlington, I accept the construction performed under the contract award by the Arlington City Council for Lift Station 2 Rehabilitation Project . Mayor Barbara Tolbert Date cc: City Council Kristin Garcia, Finance Director City of Arlington Council Agenda Bill Item: PH #1 Attachment E COUNCIL MEETING DATE: November 5, 2018 SUBJECT: Public Hearing on the 2019 – 2020 Preliminary Biennial Budget ATTACHMENTS: Ordinance Adopting the 2019 – 2020 Biennial Budget DEPARTMENT OF ORIGIN Finance; Kristin Garcia – Finance Director 360‐403‐3431 EXPENDITURES REQUESTED: 2019 = $54,240,420 2020 = $57,432,315 BUDGET CATEGORY: All city funds BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: State law requires a public hearing be held prior to adoption of the city’s budget. The purpose of the public hearing is to allow for public comment on the proposed budget. The 2019 ‐2020 preliminary budget was placed on file with the public on October 23, 2018. On November 5, 2018, staff will be giving a brief presentation outlining major revenue and expense assumptions reflected in the 2019 ‐ 2020 preliminary budget. On November 12, 2018, council will have an opportunity to further discuss the preliminary budget. If there are no changes to the budget after the public hearing and further discussions, a budget ordinance will be brought to council reflecting total city expenditures of $54,240,420 in 2019 and $57,432,315 in 2020, see attached. Council will be asked to take action on the proposed budget ordinance on November 19, 2018. HISTORY: A retreat was held on October 6, 2018 to review and discuss the city’s 2019 – 2020 preliminary budget. The preliminary budget document was delivered to council and discussed on October 22, 2018. The preliminary budget document was placed on file with the public on October 23, 2018. ALTERNATIVES: Do not adopt the budget ordinance, remit to staff for further adjustment. RECOMMENDED MOTION: Public Hearing and council discussion only. At the November 19, 2018 council meeting the motion will read; “I move to approve an ordinance adopting the City of Arlington biennial budget for the years 2019 – 2020.” ORDINANCE NO. 2018‐xxx    AN ORDINANCE ADOPTING THE CITY OF ARLINGTON BIENNIAL BUDGET FOR THE YEARS 2019 –  2020.  WHEREAS, subsequent to due notice and public hearing thereon, the City Council of the City of  Arlington has approved the biennial budget for the years 2019 – 2020;     NOW, THEREFORE,     THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON DO ORDAIN AS FOLLOWS:  Section One.  The following expenditures budget as set forth in Exhibits A and B, containing the  totals set forth for each fund of the years 2019 – 2020 is hereby adopted.  Section Two.  This Ordinance shall be in full force and effect on January 1, 2019.  PASSED by the City Council of the City of Arlington on this 19th day of November, 2018.                    CITY OF ARLINGTON                    _________________________                                                                                                             Barbara Tolbert, Mayor                  ATTEST:    _________________________  Kristin Banfield, City Clerk                 APPROVED AS TO FORM:    _________________________  Steve Peiffle, City Attorney  City of Arlington Council Agenda Bill Item: PH #2 Attachment F COUNCIL MEETING DATE: November 5, 2018 SUBJECT: Public Hearing on the Proposed Regular Property Tax Levy for 2019 ATTACHMENTS: A Resolution of the City of Arlington to Increase the 2019 Regular Property Tax Levy DEPARTMENT OF ORIGIN Finance; Kristin Garcia – Finance Director 360‐403‐3431 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: General Fund – Regular Property Tax Levy BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: A resolution must be approved by council to set the regular property tax levy for 2019. The resolution must state the amount of the increase in terms of dollar and percentage. The resolution reflects a 1% increase from the 2018 certified levy which is $41,043.41. This is exclusive of additional revenue resulting from new construction. HISTORY: A retreat was held on October 6, 2018 to review and discuss the city’s 2019 – 2020 preliminary budget and proposed increase in the regular property tax levy. The preliminary budget document was delivered to council and discussed on October 22, 2018. The preliminary budget document was placed on file with the public on October 23, 2018. ALTERNATIVES: No increase in the tax levy and preserve the 1% capacity. RECOMMENDED MOTION: Public Hearing and council discussion only. At the November 19, 2018 council meeting the motion will read; “I move to approve a resolution of the City of Arlington to increase the 2019 regular property tax levy”. RESOLUTION NO. 2018 – XX A RESOLUTION OF THE CITY OF ARLINGTON TO INCREASE THE 2019 REGULAR PROPERTY TAX LEVY WHEREAS, the City Council of the City of Arlington has met and considered its biennial budget for the years 2019‐2020; and WHEREAS, the City’s Regular Property Tax actual levy amount from the previous year (2018) was $4,104,341.08; and WHEREAS, the population of the City of Arlington is more than 10,000, and now therefore, BE IT RESOLVED by the City Council of the City of Arlington that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2019 tax year. The dollar amount of the increase over the actual levy amount from the previous year shall be $41,043.41 which is a percentage increase of 1% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, any annexations that have occurred and refunds made. PASSED and APPROVED by the Mayor and City Council of the City of Arlington, at a regular meeting held on the 19th day of November, 2018. ______________________________ Barbara Tolbert, Mayor ATTEST: _______________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: _______________________________ Steve Peiffle, City Attorney City of Arlington Council Agenda Bill Item: PH #3 Attachment G COUNCIL MEETING DATE: November 5, 2018 SUBJECT: Public Hearing on the Proposed EMS Tax Levy for 2019 ATTACHMENTS: A Resolution of the City of Arlington to Increase the 2019 EMS Tax Levy DEPARTMENT OF ORIGIN Finance; Kristin Garcia – Finance Director 360‐403‐3431 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: EMS Fund – EMS Tax Levy BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: A resolution must be approved by council to set the EMS tax levy for 2019. The resolution must state the amount of the increase in terms of dollar and percentage. The resolution reflects a 1% increase from the 2018 certified levy which is $9,717.18. This is exclusive of additional revenue resulting from new construction. HISTORY: A retreat was held on October 6, 2018 to review and discuss the city’s 2019 – 2020 preliminary budget and proposed increase in the EMS tax levy. The preliminary budget document was delivered to council and discussed on October 22, 2018. The preliminary budget document was placed on file with the public on October 23, 2018. ALTERNATIVES: No increase in the tax levy and preserve the 1% capacity. RECOMMENDED MOTION: Public Hearing and council discussion only. At the November 19, 2018 council meeting the motion will read; “I move to approve a resolution of the City of Arlington to increase the 2019 EMS tax levy”. RESOLUTION NO. 2018‐XX A RESOLUTION OF THE CITY OF ARLINGTON TO INCREASE THE 2019 EMS TAX LEVY WHEREAS, the City Council of the City of Arlington has met and considered its biennial budget for the years 2019 – 2020; and WHEREAS, the City’s EMS actual tax levy amount from the previous year (2018) was $971,717.86; and WHEREAS, the population of the City of Arlington is more than 10,000, and now therefore, BE IT RESOLVED by the City Council of the City of Arlington that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2019 tax year. The dollar amount of the increase over the actual levy amount from the previous year shall be $9,717.18 which is a percentage increase of 1% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, any annexations that have occurred and refunds made. PASSED and APPROVED by the Mayor and City Council of the City of Arlington, at a regular meeting held on the 19th day of November, 2018. _______________________________ Barbara Tolbert, Mayor ATTEST: ______________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: _______________________________ Steve Peiffle, City Attorney CITY OF ARLINGTON City of Arlington Council Agenda Bill Item: NB #1 Attachment H COUNCIL MEETING DATE: November 5, 2018 SUBJECT: Use of proceeds for Washington Avenue surplus property sale ATTACHMENTS: None DEPARTMENT OF ORIGIN Administration – Paul Ellis; 360-403-4603 EXPENDITURES REQUESTED: $44,500 BUDGET CATEGORY: Capital Facilities BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Staff is proposing that a portion of the proceeds from the sale be used to relocate the community garden (NOT TO EXCEED $31,000), purchase a storage building for Friends of the Library use, (NOT TO EXCEED $7,500), and additional parking at Arlington Library (NOT TO EXCEED $6,000). HISTORY: Council approved the sale of the properties October 15. The four lots on Washington between 1st and 2nd Street were surplussed by City Council and listed for sale with Keller Williams. The property was offered for sale for $800,000. The City received one offer from DGM Partners, LLC for the full sale price. The buyer deposited $80,000 in earnest money with the closing agent. ALTERNATIVES: Remand to staff for additional information. RECOMMENDED MOTION: I move to allocate a portion of the proceeds of the sale of the Washington Avenue properties as follows: An amount to the community garden relocation not to exceed $31,000, an amount for a storage building for Friends of the Library use not to exceed $7,500, and an amount for the installation of a parking lot for the Arlington Library not to exceed $6,000. City of Arlington Council Agenda Bill Item: NB #2 Attachment I COUNCIL MEETING DATE: November 5, 2018 SUBJECT: Interlocal Agreement with North County Regional Fire Authority for Shared Fire and Emergency Medical Services ATTACHMENTS: Interlocal Agreement with North County Regional Fire Authority DEPARTMENT OF ORIGIN Fire and EMS EXPENDITURES REQUESTED: Vacant position in fire administration BUDGET CATEGORY: BUDGETED AMOUNT: Not budgeted, grant funded LEGAL REVIEW: DESCRIPTION: Council is asked to consider a request to enter an interlocal agreement with North County Regional Fire Authority for shared services. Each agency currently has the need for a Fire Marshal and Medical Services Administrator, but lacks the workload and funding to fill those roles on a fulltime basis. This is a creative way to fill the vacancies in an affordable manner to each agency. The two individuals will work across our agency borders. HISTORY: In 2015, the fire department eliminated the Medical Services Administrator position to meet budgetary shortfalls. A portion of that work was shifted to three Medical Service Officers on each of the three fire shifts. In June 2017, Deputy Chief Cooper retired after 26 years of service to the City. In October 2017, the City entered a personal services contract with Chief Cooper to work up to 20 hours per week to perform the duties of the Fire Marshal. That agreement sunsets December 31, 2018. This ILA is multi‐faceted, filling both the Assistant Chief/MSA and Assistant Chief/Fire Marshal role in both agencies. Chief Cooper will remain in a limited capacity to train the new Fire Marshal on plan reviews, code specific data, and help transition relationships with contacts. These discussions began at the request of the Mayor, to determine if opportunities existed for partnerships, after the RFA discussions with Marysville ended. ALTERNATIVES: 1) Take no action; 2) Fill both positions independently; 3) Hire the MSA and contract out Fire Marshal duties. RECOMMENDED MOTION: I move to approve the Interlocal Agreement with North County Regional Fire Authority for Fire and Emergency Medical Services, and authorize the Mayor to sign it. City of Arlington Council Agenda Bill Item: NB #3 Attachment J COUNCIL MEETING DATE: November 5, 2018 SUBJECT: DRAFT grant agreement from the Department of Ecology for a street sweeper purchase ATTACHMENTS: DRAFT Contract Agreement DEPARTMENT OF ORIGIN Public Works EXPENDITURES REQUESTED: $87,500 (City Match Portion) BUDGET CATEGORY: Equipment Replacement Fund BUDGETED AMOUNT: $180,000.00 LEGAL REVIEW: DESCRIPTION: A Grant Agreement between the Washington State Department of Ecology and the City of Arlington for $350,000 to fund a High Efficiency Street Sweeper for the Street Department. HISTORY: The Public Works Department applied for and was successful in receiving a grant for $350,000 from the Department of Ecology for the 2018‐2020 biennium through its Stormwater Financial Assistance Program (Program). The purpose of the Program is to provide grants for projects that reduce the environmental impact of Stormwater pollution. The City match required for the grant is 25% ($87,500) and has been budgeted for in the Equipment Replacement Fund budget for 2018 and can be moved to 2019 if the purchase ends up running into 2019. ALTERNATIVES: Do not accept the grant. RECOMMENDED MOTION: I move to accept the Water Quality Combined Financial Assistance Grant in the amount of $350,000 and authorize the mayor to sign the grant agreement, pending final review by the City Attorney. DRA F T Agreement No: WQC-2018-ArliPW-00063 Page 1 of 33 Project Title: Street Sweeping Program Recipient Name: City of Arlington Agreement WQC-2018-ArliPW-00063 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE 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 the City of Arlington, hereinafter referred to as the "RECIPIENT" to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: High Efficiency Street Sweeper Total Cost: $350,000.00 Total Eligible Cost: $350,000.00 Ecology Share: $262,500.00 Recipient Share: $87,500.00 The Effective Date of this Agreement is: 7/01/2018 The Expiration Date of this Agreement is no later than: 6/30/2020 Project Type: Stormwater Activity Project Short Description: This project will help prevent total suspended solids (TSS) from entering the Stillaguamish River and its local tributaries including March, Portage and Prairie Creeks, and tributaries in the Snohomish River Lower Basin, including Edgecombe, Heyho and Quilceda Creeks, by removing pollutants from the stormwater system and providing pollutant source control through the purchase, operation and maintenance of a high efficiency street-sweeper in the City of Arlington. Project Long Description: This project will improve water quality and reduce total suspended solids (TSS) in stormwater entering the Stillaguamish River and its local tributaries including March, Portage and Prairie Creeks, and tributaries in the Snohomish River Lower Basin, including Edgecombe, Heyho and Quilceda Creeks. Through the purchase, operation and maintenance of a high efficiency street-sweeper, pollutants will be removed from the stormwater system and provide pollutant source control. In addition, utilizing a high efficiency street sweeper will benefit other areas of Arlington where LID BMPs provide DRA F T Agreement No: WQC-2018-ArliPW-00063 Page 2 of 33 Project Title: Street Sweeping Program Recipient Name: City of Arlington drainage control and water treatment for infiltrated waters. This will extend the life of green stormwater infrastructure and improve the treatment function of these BMPs. Greater capture of the debris, sediment, fines and dust from the Arlington roadways through the use of a high efficiency street sweeper will improve water quality of the Stillaguamish River and Snohomish River Lower Tributaries Basins. Both of the affected Stillaguamish and Snohomish basins are under TMDL plans. There are over 286 acres of impervious area in the City’s “Old Town” district that drains into a stormwater system in the Stillaguamish River or one of its tributaries, and over 500 acres of residential and industrial impervious area that drains to the Snohomish River Lower Tributaries basin and impacts one or more of its tributaries. The City’s Public Works Department operates a street sweeping program and is implemented across the entire City. Currently, the mechanical broom sweeper captures and collects approximately 211 tons of aggregate material (sand, particulates, fines, dust, etc.) as part of its street sweeping program. High efficiency street sweepers have a much higher capture rate for the small particulates and “fines” that are most damaging to waters. It is estimated that the use of a high efficiency sweeper will increase the capture rate by approximately 45% (306 tons) using the same street sweeping program with no change to routes and days. Overall Goal: This project will help protect and restore water quality in Washington by reducing stormwater impacts from existing infrastructure and development. Commented [DSD1]: Will both technologies be used under the program? For example, tandem sweeping? Commented [JJ(2]: I think we can delete this, since we don’t know it’s true or not. Commented [DSD3]: I believe they are to indicate the water quality improvement; no? Commented [JJ(4]: I was thinking those number are too specific, and we should have a approximate numbers. DRA F T Agreement No: WQC-2018-ArliPW-00063 Page 3 of 33 Project Title: Street Sweeping Program Recipient Name: City of Arlington RECIPIENT INFORMATION Organization Name: City of Arlington Federal Tax ID: 91-6001401 DUNS Number: 165590043 Mailing Address: 154 W Cox Arlington, Washington 98223 Physical Address: 154 W Cox Arlington, Washington 98223 Organization Email: kwallace@arlingtonwa.gov Contacts Project Manager Kris Wallace Public Works Executive 154 W Cox Arlington, Washington 98223 Email: kwallace@arlingtonwa.gov Phone: (360) 403-3538 Billing Contact Kris Wallace Public Works Executive 154 W Cox Arlington, Washington 98223 Email: kwallace@arlingtonwa.gov Phone: (360) 403-3538 Authorized Signatory Barbara Tolbert Mayor 238 N Olympic Avenue Arlington, Washington 98223 Email: btolbert@arlingtonwa.gov Phone: (360) 403-3442 DRA F T Agreement No: WQC-2018-ArliPW-00063 Page 4 of 33 Project Title: Street Sweeping Program Recipient Name: City of Arlington ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Quality 300 Desmond Drive Lacey, WA 98503 Contacts Project Manager Denise Di Santo 3190 160th Avenue SE Bellevue, WA 98008 Email: denise.disanto@ecy.wa.gov Phone: 425-649-7025 Financial Manager Sarah Zehner PO Box 47600 Olympia, WA 98504-7600 Email: sarah.zehner@ecy.wa.gov Phone: 360-407-7196 Technical Advisor Dan Gariepy PO Box 47600 Olympia, WA 98504-7600 Email: dan.gariepy@ecy.wa.gov Phone: 360-407-6470 DRA F T Agreement No: WQC-2018-ArliPW-00063 Page 5 of 33 Project Title: Street Sweeping Program Recipient Name: City of Arlington RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in the Scope of Work. RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement. Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement, Scope of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement. Washington State Department of Ecology City of Arlington ____________________________________ _______________________________ Heather R. Bartlett Date Barbara Tolbert Date Water Quality Mayor Program Manager DRA F T Agreement No: WQC-2018-ArliPW-00063 Page 6 of 33 Project Title: Street Sweeping Program Recipient Name: City of Arlington SCOPE OF WORK Task Number: 1 Task Cost: $1000.00 Task Title: Grant Administration/Management 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; an EAGL (Ecology Administration of Grants and Loans) recipient closeout report; and a two-page Final 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 made available to ECOLOGY 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, and RECIPIENT closeout report. * Properly maintained project documentation Recipient Task Coordinator: Kris Wallace Project Administration/Management Deliverables Number Description Due Date 1.1 Progress Reports 1.2 Recipient Closeout Report 1.3 Project Outcome Summary Report Commented [DSD5]: Please leave this column blank DRA F T Agreement No: WQC-2018-ArliPW-00063 Page 7 of 33 Project Title: Street Sweeping Program Recipient Name: City of Arlington SCOPE OF WORK Task Number: 2 Task Cost: $349,000.00 Task Title: High Efficiency Sweeper Purchase Task Description: The RECIPIENT will submit for approval by ECOLOGY, documentation detailing the make, model, and specifications of the compact high efficiency vacuum sweeper to be used for the project. No reimbursement will be made for equipment use without prior written approval by ECOLOGY. The RECIPIENT will submit documentation providing the rationale and cost effectiveness of the purchase of a high efficiency street sweeper rather than lease of this technology. The RECIPIENT will submit a copy of the contract for sweeping services included in this project if applicable. Task Goal Statement: RECIPIENT will use an ECOLOGY-accepted high efficiency sweeper. Task Expected Outcome: The project will be accomplished using the appropriate type, make and model of sweeper to remove targeted pollutants. Recipient Task Coordinator: Kris Wallace High Efficiency Sweeper Purchase Deliverables Number Description Due Date 2.1 Submit documentation indicating make, model, and specifications of sweeper to ECOLOGY for ECOLOGY Engineer review. Upload to EAGL and notify ECOLOGY Project Manager when upload is complete. 2.2 Submit documentation outlining cost effectiveness of purchase of sweeper to ECOLOGY for ECOLOGY review. Upload to EAGL and notify ECOLOGY Project Manager when upload is complete. 2.3 Submit Equipment Purchase Contract. Upload to EAGL and notify ECOLOGY Project Manager when upload is complete. Commented [DSD6]: Please leave this column blank DRA F T Agreement No: WQC-2018-ArliPW-00063 Page 8 of 33 Project Title: Street Sweeping Program Recipient Name: City of Arlington SCOPE OF WORK Task Number: 3 Task Cost: $0 Task Title: Sweeper Operation Task Description: A. RECIPIENT will use the high efficiency sweeper to remove sediment and debris from public roadways. The RECIPIENT will sweep a minimum of XX lane miles per year. B. RECIPIENT will track and report sweeper use for a minimum of two years. RECIPIENT will report the number of lane miles swept and tons of debris removed monthly and cumulatively on each progress report/payment request. C. RECIPIENT will track expenses related to the operation and maintenance of the sweeper monthly and report the expenses on each progress report/payment request. Expenses include labor, labor overhead, and fuel. RECIPIENT will also track expenses per mile swept and report them on each progress report/payment request. D. RECIPIENT will provide a final sweeping tracking report as part of the Project Outcome Summary Report. Task Goal Statement: The high efficiency sweeper will be used to enhance the RECIPIENT’s street sweeping program. Task Expected Outcome: The RECIPIENT will increase the tonnage of sweeper debris removed prior to it entering receiving water bodies of the Stillaguamish and Snohomish Basins. Recipient Task Coordinator: Kris Wallace Sweeper Operation Deliverables Number Description Due Date 3.1 Report miles swept monthly and cumulatively. Submit using quarterly progress report/payment requests and Project Outcome Summary Report. 3.2 Report tons of sediment and debris removed monthly and cumulatively. Submit using quarterly progress report/payment requests and Project Outcome Summary Report. 3.3 Report monthly operation and maintenance expenses, including expenses per mile swept. Submit using quarterly progress report/payment requests and Project Outcome Summary Report. 3.4 Final sweeping tracking report. Upload to EAGL and notify ECOLOGY when upload is complete. Commented [DSD7]: Please specify approximate lane miles swept –or use metric that will be used to track pollution generating imperious surfaces (PGIS) treated. Commented [DSD8]: Consistent with units in A and C Commented [DSD9]: Please leave this column blank DRA F T Agreement No: WQC-2017-Medina-00044 Page 9 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina BUDGET Funding Distribution Funding Title: SFAP Funding Type: Grant Funding Effective Date: 7/1/2018 Funding Expiration Date: 6/30/2020 Funding Source: Title: SFAP- SFY18 Type: State Funding Source %: 100% Description: Funds come from the Model Toxic Control Account and State Building Construction Account. It funds projects that reduce the environmental impact of Stormwater pollution. Recipient Match %: 25 InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Indirect Rate: % 0 Stormwater Financial Assistance Program Task Total 1. Grant Management/Administration $1000.00 2. High Efficiency Sweeper Purchase $349,000.00 3. Sweeper Operations $0 Total $350,000.00 Funding Distribution Name Recipient Match Recipient Share Ecology Share Total SFAP 25% $87,500 $262,500 $350,000 Total $87,500 $262,500 $350,000 Commented [DSD10]: Please advise if an indirect rate will be applied; document the calculation of the rate, and applicable staff salaries and benefits. DRA F T Agreement No: WQC-2017-Medina-00044 Page 10 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina 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 loan. “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. “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. “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. Commented [DSD11]: Terms and Conditions from here are non-negotiable DRA F T Agreement No: WQC-2017-Medina-00044 Page 11 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina “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 of that name created by ordinance or resolution of 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. “Principal and Interest Account” means, for a loan that constitutes Revenue-Secured Debt, the account of that name 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 loan agreement. “Project Completion Date” means the date specified in the loan agreement on which the Scope of Work will be fully completed. “Project Schedule” means that schedule for the project specified in the loan agreement. “Reserve Account” means, for a loan that constitutes Revenue-Secured Debt, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. DRA F T Agreement No: WQC-2017-Medina-00044 Page 12 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina “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. “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 the ECOLOGY’s termination of the loan agreement. “Termination Payment Date” means the date on which the RECIPIENT is required to repay to the 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. “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 o r 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. 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 negotiated agreement and submit a copy of the agreement to ECOLOGY. B. Cultural and Historic Resources Protection: The RECIPIENT must comply with all requirements listed in Section 106 of the National Historic Preservation Act (for federally funded projects) or Executive Order 05-05 (for state funded projects) prior to implementing any project that involves soil disturbing activities. A soil disturbing activity includes but is DRA F T Agreement No: WQC-2017-Medina-00044 Page 13 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina not limited to planting vegetation, installing fence posts, sloping strea m banks, channel modifications, geotechnical test borings, and other construction projects. For more details regarding these requirements, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Progr am funding website. C. Equipment Purchase: Equipment not included in the scope of work or a construction plan and specification approval must be pre-approved by ECOLOGY’s project manager before purchase. D. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or EPA 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. E. 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. F. 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. G. 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. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO NONPOINT ACTIVITY PROJECTS ONLY A. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement will be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for Washington State. However, ECOLOGY may accept as eligible technical assistance, proposed practices, or project designs that do not meet these standards if approved in writing by the NRCS and ECOLOGY. B. Project Status Evaluation: ECOLOGY will 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. 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. SECTION 4: THE FOLLOWING CONDITIONS APPLY TO CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS ONLY. A. Centennial-Funded Projects Used to Match Section 319-Funded Projects: Projects used by ECOLOGY to meet a matching requirement for the Section 319 program require the RECIPIENT to comply with Federal Section 319 reporting DRA F T Agreement No: WQC-2017-Medina-00044 Page 14 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina requirements. Required reporting includes providing project data on BMP implementation and annual pollutant load reduction. B. Section 319 Reporting Requirements: The RECIPIENT must complete ECOLOGY’s “Clean Water Act Section 319 Initial Data Reporting Sheet.” The RECIPIENT must submit this form to ECOLOGY’s Financial Manager with the signed agreement. The form is available on ECOLOGY’s Water Quality Program funding website. C. The RECIPIENT must complete ECOLOGY’s “Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form” annually. This form is used to gather information on pollutant load reduction for each best management p ractice (BMP) installed for the project. The RECIPIENT must submit this form to ECOLOGY’s Financial Manager by January 15 of each year, and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed and submitted the form to the financial manager. This form is available on our website. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 FUNDED PROJECTS ONLY. 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 2. Clean Water Act Section 319 Initial Data Reporting Sheet Contact your ECOLOGY financial manager for the forms. A. Disadvantaged Business Enterprise (DBE): GENERAL COMPLIANCE, 40 CFR, Part 33 - The RECIPIENT agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises (MBE/WBE) in procurement under assistance agreements, contained in 40 CFR, Part 33. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D - A RECIPIENT must negotiate with the appropriate EPA award official or his/her designee, fair share objectives for MBE and WBE participation in procurement under the financial assistance agreements. Current Fair Share Objective/Goal - The dollar amount of this assistance agreement is over $250,000; or the total dollar amount of all of the RECIPIENT’s non-TAG assistance agreements from EPA in the current fiscal year is over $250,000. The Washington State Department of Ecology has negotiated the following, applicable MBE/WBE fair share objectives/goals with EPA as follows: MBE: SUPPLIES 8.00%;SERVICES 10.00%; EQUIPMENT 8.00%; CONSTRUCTION 10.00% WBE: SUPPLIES 4.00%; SERVICES 4.00%; EQUIPMENT 4.00%; CONSTRUCTION 6.00% Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404 - If the RECIPIENT has not yet negotiated its MBE/WBE fair share objectives/goals, the RECIPIENT agrees to submit proposed MBE/WBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The RECIPIENT agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBE/WBE Coordinator within 120 days of its acceptance of the financial assistance award. EPA shall respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C - Pursuant to 40 CFR, Section 33.301, the RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA DRA F T Agreement No: WQC-2017-Medina-00044 Page 15 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina financial assistance agreement, and to ensure that sub-recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State, Local and Government recipients, this shall include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. 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 DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. B. Funding Recognition: The RECIPIENT must 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. 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 6: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: 1. Opinion of RECIPIENT’s Legal Council 2. Authorizing Ordinance or Resolution 3. Pre-Award Compliance Review Report for All Applicants Requesting Federal Assistance 4. Federal Funding Accountability and Transparency Act (FFATA) Form 5. Clean Water State Revolving Fund Initial Data Reporting Sheet 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 would cause a violation of any covenant, condition, or provision herein. DRA F T Agreement No: WQC-2017-Medina-00044 Page 16 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina 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. Clean Water State Revolving Fund Data Reporting Sheet (Data Reporting Sheet): The RECIPIENT shall submit the completed Data Reporting Sheet before this agreement is signed by ECOLOGY. ECOLOGY shall provide the Data Reporting Sheet form to the RECIPIENT. E. 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, an d Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. 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. 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 this noncompliance. Fair Share Objective/Goals, 40 CFR, Part 33, Subpart D. If the dollar amount of this agreement or the total dollar amount of all of the RECIPIENT’s financial assistance agreements in the current federal fiscal year from the Revolving Fund is over $250,000, the RECIPIENT accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the Office of Minority Women Business Enterprises as follows: Construction 10.00% MBE 6.00% WBE Supplies 8.00% MBE 4.00% WBE Services 10.00% MBE 4.00% WBE Equipment 8.00% MBE 8.00% WBE By signing this agreement the RECIPIENT is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as Office of Minority Women Business Enterprises. DRA F T Agreement No: WQC-2017-Medina-00044 Page 17 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina 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) Ensuring 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. Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office of Minority and Women’s Enterprises at 866-208- 1064. 2) Making 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) Considering 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) Using 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, requiring the subcontractors to take the five good faith efforts in paragraphs 1 through 5 above. MBE/WBE Reporting, 40 CFR, Part 33, Sections 33.302, 33.502 and 33.503. The RECIPIENT agrees to provide forms: EPA Form 6100-2 DBE Subcontractor Participation Form and EPA Form 6100-3 DBE Subcontractor Performance Form to all its DBE subcontractors, and EPA Form 6100-4 DBE Subcontractor Utilization Form to all its prime contractors. These forms are available on ECOLOGY’s Water Quality Program funding website. EPA Form 6100-2 – The RECIPIENT must document that this form was received by DBE subcontractor. DBE subcontractors may submit the completed form to the EPA Region 10 DBE coordinator in order to document issues or concerns with their usage or payment for a subcontract. EPA Form 6100-3 – This form must be completed by DBE subcontractor(s), submitted with bid, and kept with the contract. EPA Form 6100-4 – This form must be completed by the prime contractor, submitted with bid, and kept with the contract. The RECIPIENT also agrees to submit ECOLOGY’s MBE/WBE 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. The RECIPIENT also agrees to ensure that RECIPIENTs of identified loans also comply with provisions of 40CFR, Section 33.302. DRA F T Agreement No: WQC-2017-Medina-00044 Page 18 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina 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 F. Electronic and Information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs incurred 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 s hall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. G. Free Service: The RECIPIENT shall not furnish utility service to any customer free of charge if providin g that free service affects the RECIPIENT's ability to meet the obligations of this agreement. H. Insurance: The RECIPIENT shall at all times carry fire and extended coverage, public liability and property damage, and such other forms of insurance with responsible insurers and with 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. 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 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 of the other agreements and obligations on its part contained herein shall be absolute DRA F T Agreement No: WQC-2017-Medina-00044 Page 19 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina 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 shal l 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 Washing ton 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 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. DRA F T Agreement No: WQC-2017-Medina-00044 Page 20 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina No change to the amount of the semiannual principal and interest payments shall be made without a formal 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. 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 intere st. 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. Reserve Requirement: For loans that are Revenue-Secured Debt with terms greater than five years, the RECIPIENT must accumulate a reserve for the loan equivalent to at least the Average Annual Debt Service on the loan during the first five years of the repayment period of the loan. This amount shall be deposited in a Reserve Account in the Loan Fund in approximately equal annual payments commencing within one year after the initiation of operation or the project completion date, whichever comes first. “Reserve Account” means, for a loan that constitutes Revenue-Secured Debt, an account of that name created in the Loan Fund to secure the payment of the principal and interest on the loan. The amount on deposit in the Reserve Account may be applied by the RECIPIENT (1) to make, in part or in full, the final repayment to ECOLOGY of the loan amount or, (2) if not so applied, for any other lawful purpose of the RECIPIENT once the Loan Amount, plus interest and any other amounts owing to ECOLOGY, have been paid in full. DRA F T Agreement No: WQC-2017-Medina-00044 Page 21 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina 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. The ULID Assessments in the ULID may be deposited into the Reserve Account to satisfy a Reserve Requirement if a Reserve Requirement is applicable. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall at all times maintain and keep a funded Utility in good repair, working order and condition and also shall at all times operate the Utility and the business in an efficient manner and at a reasonable cost. M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the RECIPIENT” to ECOLOGY before this agreement shall be signed. ECOLOGY will provide the form. N. Payment to Consultants: The RECIPIENT shall ensure that loan funds provided under this agreement to reimburse for costs incurred by individual consultants (excluding overhead) is limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed. Contracts for services awarded using the procurement requirements in 40 CFR Parts 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the RECIPIENT with responsibility for the selection, direction, and control of the individuals who shall be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 30.27(b) or 40 CFR 31.36(j) for additional information. O. 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 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 (solicita tion). 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. P. 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 DRA F T Agreement No: WQC-2017-Medina-00044 Page 22 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina (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. Q. 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 st ate 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. R. Sale or Disposition of Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the Utility, or any real or personal property comprisin g a part of the Utility unless one of the following applies: 1. The facilities or property transferred are not material to the operation of the Utility; or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the Utility; or are no longer necessary, material, or useful to the operation of the Utility. 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 Utility. 3. The RECIPIENT receives from the transferee an amount which shall 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 Utility from the portion of the Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. The proceeds of any transfer under this paragraph shall be used (1) to redeem promptly or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan; or (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. S. Sewer-Use Ordinance or Resolution: If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer- use ordinance or resolution. 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. 3) Require that new sewers and connections be properly designed and constructed. 4) Require all existing and future residents to connect to the sewer system. Such ordinance or resolution shall be submitted to ECOLOGY upon request by ECOLOGY. DRA F T Agreement No: WQC-2017-Medina-00044 Page 23 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina T. 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 at 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 Obligations upon the Net Revenue. Repayments not made immediately upon such acceleration shall 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. 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. DRA F T Agreement No: WQC-2017-Medina-00044 Page 24 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina 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. U. User-Charge System: 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 utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. 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 utility, to establish a reserve to pay for replac ement, to establish the required Loan Reserve Account, 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. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, or debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with 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 BUSINESS SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transaction and in all solicitations for lower tier covered transactions. DRA F T Agreement No: WQC-2017-Medina-00044 Page 25 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina 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. 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 agreement executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writin g 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 DRA F T Agreement No: WQC-2017-Medina-00044 Page 26 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archaeological or cultural 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 archaeological or cultural resources are found while conducting work under this Agreement. b) Immediately notify the Department of Archaeological 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 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. b) RECIPIENT agrees to be bound by all federal and state laws, regulations, and policies against discrimination. DRA F T Agreement No: WQC-2017-Medina-00044 Page 27 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina 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 process. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with the 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 thi s 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 decision will not be taken to Environmental and Land Use Hearings Office. DRA F T Agreement No: WQC-2017-Medina-00044 Page 28 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina 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 BUSIENESS ENTERPRISES (MBWE) 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. 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. DRA F T Agreement No: WQC-2017-Medina-00044 Page 29 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina 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 a nd 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 develop a copy, then the RECIPIENT must provide a complete description including photographs, drawings, or printouts of th e product that best represents the item. RECIPIENT shall include 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 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. DRA F T Agreement No: WQC-2017-Medina-00044 Page 30 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina 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 of 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 e ngineering 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 or 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 or 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 DRA F T Agreement No: WQC-2017-Medina-00044 Page 31 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina 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. 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. DRA F T Agreement No: WQC-2017-Medina-00044 Page 32 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina 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 materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and he 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 in named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER DRA F T Agreement No: WQC-2017-Medina-00044 Page 33 of 33 Project Title: Street Sweeping Program Recipient Name: City of Medina 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.