HomeMy WebLinkAbout10-14-19 Council Workshop
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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Marilyn Oertle
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1. Request to Purchase Training Equipment for Police Department ATTACHMENT A
Staff Presentation: Jonathan Ventura
Council Liaison: Jesica Stickles
2. Application for Washington Complete Streets Leadership Academy ATTACHMENT B
Staff Presentation: Nova Heaton
Council Liaison: Debora Nelson
3. Application for Department of Commerce Grant – E2SHB 1923 ATTACHMENT C
Staff Presentation: Marc Hayes
Council Liaison: Mike Hopson
4. Close Out for 2018 Utility Pavement Preservation Project ATTACHMENT D
Staff Presentation: Jim Kelly
Council Liaison: Josh Roundy
5. Recycling Grant Agreement with Department of Ecology for 2019-2021 ATTACHMENT E
Staff Presentation: Jim Kelly
Council Liaison: Josh Roundy
6. Close Out for Arlington Valley Road Project ATTACHMENT F
Staff Presentation: Jim Kelly
Council Liaison: Debora Nelson
Arlington City Council Workshop
Monday, October 14, 2019 at 7:00 pm
City Council Chambers – 110 E Third 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.
7. On-Call Service Contract with Metron and Associates, Inc. ATTACHMENT G
Staff Presentation: Jim Kelly
Council Liaison: Mike Hopson
8. Stormwater Grant Agreement with Department of Ecology ATTACHMENT H
Staff Presentation: Jim Kelly
Council Liaison: Josh Roundy
9. Miscellaneous council items
ADMINISTRATOR & STAFF REPORTS
PUBLIC COMMENT
For members of the public who wish to speak to the Council. Please limit your remarks to three minutes.
COUNCILMEMBER REPORTS
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Barb Tolbert
City of Arlington Council Agenda Bill Item: WS #1 Attachment A
a virtual training simulator (Retail $90,000+) for $45,000. The department has negotiated an agreement with the seller to pay $25,000 in 2019, followed by $5,000 per year beginning in 2020, ending in 2023. The initial payment would utilize drug seizure proceeds. The subsequent balance
purchase of an interactive virtual training simulator, and authorize the Mayor to sign the resolution,
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ARLINGTON POLICE DEPARTMENT
INTRADEPARTMENTAL MEMORANDUM
DATE: October 14, 2019
TO: Barbara Tolbert, Mayor
Paul Ellis, City Administrator
FROM: Jonathan Ventura, Chief of Police
SUBJECT: Acquisition of Virtual Training Simulator
______________________________________________________________________
PURPOSE:
To provide justification for the City of Arlington to amend the 2019-2020 budget to allow
the Police Department to acquire an interactive virtual training simulator.
BACKGROUND:
In 2018 Washington voters approved Initiative 940 requiring police to receive de-
escalation and mental health training. Under the measure, law enforcement agencies
must implement training curriculum that includes:
• interpersonal communication tactics that use time, distance, cover and
concealment to avoid escalation;
• implicit bias;
• cultural competency;
• skills to interact with people with disabilities and behavioral health issues;
• alternatives to using deadly force; and
• ‘shoot or don’t shoot’ scenario based training
As part of this new curriculum, the Department is seeking ways to further reduce
incidents that could result in a response to resistance and improve officers’ ability to use
crisis intervention and de-escalation techniques. While traditional classroom training
sessions assist in achieving these objectives, it is also necessary to create realistic
training environments to put these skills into practice, further enhancing the officers’
capabilities. Research and published best practices have determined that using
technology is one of the most effective ways to fill this training gap. The incorporation of
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decision-making under stress through a virtual training simulator will move the
Department towards achieving its legal obligations while helping each officer improve
situational awareness, critical thinking, communication skills, reading body language,
threat cues, and de-escalation techniques.
DISCUSSION:
The full impacts and mandates of Initiative 940 have not yet fully been determined but will
have significant effects on the number of annual training hours required by law
enforcement officers. Beginning in December 2019, all new officers will need to complete
200 hours of de-escalation and mental health training in the law enforcement academy.
All other officers in the state who have been certified peace officers before this date will
need to complete at least 40 hours of the same type of training every three years, in
addition to the current mandated 24 hours of in-service training annually. Training that
can be conducted in-house, as we begin working towards compliance with the new
mandates, will be of significant savings to the city, police department and our taxpayers.
The police department was recently approached with an opportunity to obtain such a
simulator at a significantly reduced cost from Pacific Indoor Tactical, LLC in Oak Harbor,
WA. The purchase price includes the original manufacturer, Ti Training, extending a
warranty to APD and providing train-the-trainer instruction for staff.
RECOMMENDATION:
Amend the 2019-2020 City budget to accommodate the purchase of the listed
interactive virtual training simulator. Additionally, authorize the ‘Special Market
Conditions’ exception regarding purchases outside of the competitive bid process.
If the Department is unable to acquire the system as listed, obtaining a similar system
should be strongly considered during the biennial budget process for 2021-2022.
RESOLUTION NO. 2019-XXX 1
RESOLUTION NO. 2019-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DECLARING THAT THE
PURCHASE OF A VIRTUAL TRAINING SIMULATOR FOR THE CITY OF ARLINGTON POLICE DEPARTMENT IS A
PURCHASE INVOLVING SPECIAL MARKET CONDITIONS AND AUTHORIZING NEGOTIATION WITH THE SUPPLIER OF
THE EQUIPMENT
WHEREAS, the City of Arlington is obligated to follow competitive bidding statutes except in certain
circumstances defined by state law when competitive bidding is not feasible or in the best interests of the city;
and
WHEREAS, when competitive bidding is not feasible or in the best interests of the City RCW 35.23.352
requires written findings to that effect; and
WHEREAS, the City Council of the City of Arlington wishes to make written findings in support of its
decision to purchase certain equipment subject to special market conditions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
1.Findings. The City Council finds as follows:
a.In 2018 Washington voters approved Initiative 940 requiring police to receive de-
escalation and mental health training. Under the measure, law enforcement agencies must implement
training curriculum that includes:
•interpersonal communication tactics that use time, distance, cover and
concealment to avoid escalation;
•implicit bias;
•cultural competency;
•skills to interact with people with disabilities and behavioral health issues;
•alternatives to using deadly force; and
•‘shoot or don’t shoot’ scenario based training
b.The City is always looking for cost-effective ways to improve training opportunities for
its officers.
c.A virtual training simulator will move the Department towards achieving its legal
obligations under I-940 while helping each officer improve situational awareness, critical thinking,
communication skills, reading body language, threat cues, and de-escalation techniques.
d.The Arlington Police Department has an opportunity to acquire a Training Lab EX virtual
training simulator with an estimated retail cost of $90,000 for a price of $45,000, payable $25,000 in
2019, followed by $5,000 per year in 2020 through 2023. The purchase price includes the original
manufacturer, Ti Training, extending a warranty to APD and providing train-the-trainer instruction for
staff.
e.The Police Department has funding for the initial payment from drug seizure proceeds
and future payments can be paid from the police department’s equipment fund.
f.RCW 39.04.280(1)(b) authorizes the city to waive competitive bidding requirements for
purchases involving special market conditions.
g.The City’s adopted financial policies, Purchasing Policy E(b) also allows the city to waive
competitive bidding requirements when supplies or used equipment are offered at a very favorable price
and will be sold before the City will have a chance to complete the bidding process.
g.The opportunity to purchase the simulator at a significantly reduced cost from Pacific
Indoor Tactical, LLC in Oak Harbor, WA represents a unique opportunity and dramatic savings to the city
RESOLUTION NO. 2019-XXX 2
and taxpayers, and the opportunity to purchase the equipment may be lost if the City were to go through
the usual procurement process.
2.Based on the foregoing findings, the City Council hereby declares that the proposed purchase of
the Training Lab EX virtual training simulator is a purchase involving special market conditions within the meaning
of RCW 39.04.280 and the City’s financial policies. City staff is not required to go through a competitive bidding
process before purchasing the same and is hereby authorized to negotiate with Pacific Indoor Tactical, LLC of Oak
Harbor, WA for the purchase of the equipment.
APPROVED by the Mayor and City Council of the City of Arlington this _____ day of October, 2019.
CITY OF ARLINGTON
____________________________________
Barbara Tolbert, Mayor
ATTEST:
_________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
__________________________________
Steven J. Peiffle, City Attorney
City of Arlington Council Agenda Bill Item: WS #2 Attachment B
academy designed to help identify and overcome barriers to implementing Complete Streets projects. If chosen, communities within the state, and the City will be responsible for hosting one workshop, including securing a meeting space and coffee and lunch for 35 people, for two days. ($500 estimated cost.) In
RESOLUTION NO. 2019-xxx A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON, AUTHORIZING APPLICATION FOR WASHINGTON COMPLETE STREETS LEADERSHIP ACADEMY THROUGH SMART GROWTH AMERICA WHEREAS, the City of Arlington has adopted a Complete Streets Policy; and WHEREAS, the City is an eligible community; and WHEREAS, the City of Arlington considers it in the best interest of the public for staff and community members to gain valuable expertise in how to select, design, and implement a demonstration project in support of Complete Streets Project; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arlington, Washington, as follows: 1. That the City of Arlington has authorized the Community and Economic Development Director to apply for the Washington Complete Streets Leadership Academy 2. That the Community and Economic Development Director is hereby authorized to administer, as may be necessary, the Washington Complete Streets Leadership Academy requirements and the subsequent work product required for participation; and 3. That this Resolution shall be effective upon passage and signatures hereon in accordance with law. ADOPTED BY THE CITY COUNCIL of the City of Arlington, at its regular meeting held this 21, day of October, 2019. CITY OF ARLINGTON _______________________________________ Barbara Tolbert ATTEST: Mayor ___________________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney
City of Arlington Council Agenda Bill Item: WS #3 Attachment CCOUNCIL MEETING DATE: October 14, 2019 SUBJECT: Grant Application to Department of Commerce - E2SHB 1923 ATTACHMENTS: Resolution, Grant Application DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director – 360-403-3457 EXPENDITURES REQUESTED: Reimbursed grant funding, eligible up to $50K BUDGET CATEGORY: Planning BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: Planning grant funding opportunity through Department of Commerce for creation and adoption of action items as described in Engrossed Second House Bill (E2SHB) 1923. This bill was created with the intent to increase residential building capacity by utilizing a list of defined action items to be adopted by jurisdictions within the state. The two action items proposed by CDevelopment staff are 1) Action Item # 3- authorizing at least one duplex, triplex, or small garden style housing units (bungalows, cottages) on each parcel in one or more zoning districts that permit single-
placement of duplexes, triplexes or garden style apartments would need to fit the neighborhood context in regards to size (including height), design and orientation so as to not disrupt the neighborhood character. Item 2) Will create a document that identifies both current and future housing inventory in Arlington, by market demand, community needs, income level/affordability, housing type, functionality and location. Once data is collected it will then be evaluated to verify if our current housing strategy is in alignment or utilized to create a new housing strategy to correct any insufficiencies or irregularities
City of Arlington Council Agenda Bill Item: WS #3 Attachment CALTERNATIVES: Deny or remand back to staff for additional information.
Caveat – this grant application is due October 15, and staff is requesting that this item be
placed on the consent agenda so that the application deadline may be met. RECOMMENDED MOTION: Workshop; discussion only. At the October 21, 2019 council meeting, the recommended motion will be, “I move to approve the Department of Commerce grant application related to action items within E2SHB 1923, and authorize the Mayor to sign the application.”
RESOLUTION NO. 2019-xxx Page 1 of 2
RESOLUTION NO. 2019-xxx A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON, AUTHORIZING APPLICATION FOR PLANNING GRANT FUNDING TO ADOPT ELEMENTS OF E2SHB 1923 TO INCREASE RESIDENTIAL BUILDING CAPACITY, THROUGH THE DEPARTMENT OF COMMERCE WHEREAS, the City of Arlington desires to implement several action items as described in the Engrossed Second Substitute House Bill (E2SHB) 1923, related to residential building capacity; and WHEREAS, the City wishes to apply for planning services to support implementation of E2SHB 1923, through grant funds available by the Department of Commerce; and WHEREAS, the Department of Commerce allows up to $50,000.00 to be awarded to cities whose population is below 20,000 for planning services that support implementation of action items as described in E2SHB 1923; and WHEREAS, the City of Arlington considers it in the best interest of the public to make application for the available planning grant funding available through the Department of Commerce; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arlington, Washington, as follows:
1. That the Community and Economic Development Director, or his/her designee is hereby authorized to submit an application to the Department of Commerce for and on behalf of the City of Arlington to fund planning efforts in support of E2SHB 1923; and
2. That the Community and Economic Development Director is hereby authorized to provide information, as may be necessary, to secure approval of said grant application; and
3. That this Resolution shall be effective upon passage and signatures hereon in accordance with law. ADOPTED BY THE CITY COUNCIL of the City of Arlington, at its regular meeting held this 21, day of October 2019.
RESOLUTION NO. 2019-xxx Page 2 of 2
CITY OF ARLINGTON ______________________________________ Barbara Tolbert, Mayor ATTEST: ______________________________________________ Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney
Increasing Residential Building Capacity
E2SHB 1923 Grant Application Instructions
Smaller cities (under 20,000 population)
Application Deadline
October 15, 2019
Lo c al Go ver n m ent Di vis ion
G row th Man ag emen t Ser vi c es
Date Published: September 3, 2019
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T his Page i s I n t ent ion a ll y Lef t Bl ank
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E2SHB 1923 Grant Opportunity
1. Grant Overview
The 2019 Washington State Legislature passed Engrossed Second Substitute House Bill (E2SHB)
1923 (Chapter 348, Laws of 2019) encouraging all cities planning under the Growth
Management Act (GMA) to adopt actions to increase residential building capacity.
$5 million in grant assistance was provided to encourage local cities’ participation in
implementing this Act. To receive grant funds, a city must choose to adopt at least two of the
actions as listed in E2SHB 1923, or develop a housing action plan.1
As directed in E2SHB 1923, the Washington State Department of Commerce (Commerce)
developed a grant program to ensure that grant funds awarded are proportionate to the level
of effort proposed by a city, and the potential increase in residential building capacity or
regulatory streamlining that could be achieved. Funding may be provided in advance of, and to
support, adoption of policies or ordinances consistent with this section.
If funding capacity allows, the bill provides that Commerce may consider accepting and funding
applications from cities with a population of less than 20,000 if the actions proposed in the
application will create a significant amount of housing capacity or regulatory streamlining and
are consistent with the eligible actions.
Grant amounts of between $10,000 and $50,000 may be provided for selecting two or more of
the following activities in option 1, a housing action plan, or a combination thereof. The
following activities are eligible for funding under E2SHB 1923:
Option 1: Select at least two of the following activities. A full description of each activity is at
the last two pages of these Grant Application Instructions:
1. Increase residential density near commuter or light rail stations to 50 dwelling units per acre.
2. Increase residential density along high frequency transit corridors to 25 dwelling units per acre.
3. Authorize at least one duplex, triplex, or courtyard apartment on each parcel in one or more
zoning districts that permit single-family residences.
4. Authorize cluster zoning or lot size averaging in all zoning districts that permit single-family
residences.
5. Authorize accessory dwelling units (ADUs) on all parcels containing single-family homes.
1 E2SHB 1923 Section 1(1).
3
6. Adopt a subarea plan pursuant to RCW 43.21C.420.
7. Adopt a planned action pursuant to RCW 43.21C.440 (1)(b)(ii).
8. Adopt an infill exemption under RCW 43.21C.229 for residential or mixed-use development.
9. Adopt a form-based code in one or more zoning districts that permit residential uses.
10. Authorize a duplex on each corner lot within all zoning districts that permit single-family
residences.
11. Allow for the division or redivision of land into the maximum number of lots through the short
subdivision process provided in chapter 58.17 RCW.
12. Authorize a minimum net density of six dwelling units per acre in all residential zones, where the
residential development capacity will increase within the city.
Option 2: Develop a housing action plan.
Option 3: Select a combination of both Option 1 and Option 2, selecting a housing action plan
and at least two activities from the list of twelve.
Additional Criteria:
Cities are especially encouraged to increase residential building capacity in areas that
have supportive transportation and utility infrastructure, and are served with frequent
transit service.2
Cities are also encouraged to prioritize the creation of affordable, inclusive
neighborhoods and to consider the risk of residential displacement, particularly in
neighborhoods with communities at high risk of displacement.3
2. Eligibility Requirements
Cities applying for this grant opportunity must meet the following minimum eligibility
requirements:
Planning under the GMA4
A population under 20,000, as of April 1, 2019, based on the Washington State Office of
Financial Management (OFM)’s 2019 population estimates. 5
2 E2SHB 1923 Section 5.
3 E2SHB 1923 Section 1(9).
4 E2SHB 1923 Section 1(1)
5 https://www.ofm.wa.gov/washington-data-research/population-demographics/population-estimates
4
3. Grant Timeline
September 3, 2019: Grant Applications available.
Application packets will be posted on the Commerce website:
https://www.commerce.wa.gov/serving-communities/growth-management/growth-
management-grants/.
October 15, 2019: Grant applications are due by 5:00 p.m. PST.
Completed applications must be submitted electronically to gmsgrants@commerce.wa.gov.
November 15, 2019: Grants awards announced.
Successful applicants will receive a grant administered through a contract. The contract
includes a project Scope of Work and Budget, which lists the activities (Actions) the grant
will fund along with a description of the final products (Deliverables) that these work
activities will generate.
Commerce may work with jurisdictions to clarify specific application information, actions
steps, or to discuss adjustments to the grant amount prior to execution of the contract.
December 15, 2019: Grants agreements executed.
Commerce anticipates having all the grant contracts signed by December 15, 2019. Date of
execution is the date Commerce signs the agreement. Monitoring and progress reports will
be required as part of the contract.
April 1, 2021: Local legislative action must be taken.
As final deliverables for this grant, local legislative actions must be adopted by the grantee
city on or before April 1, 2021.6
June 15, 2021: Grant deliverables must be submitted to Commerce.
A housing action plan must be adopted and submitted to Commerce by June 15, 2021.
June 30, 2021. Grant end date.
Final billing and closeout documents must be submitted by this date.
6 E2SHB 1923 Section 1 (6)
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4. Grant Amounts and Joint Planning
Grant applications should include detail that shows the level of effort and funding required for
each Action under the scope of work. This information is discussed in more detail in Section 5
below.
Joint Planning with Multiple Jurisdictions
This grant provides an opportunity for cities to collaborate. Joint applications for housing action
plans from two or more jurisdictions are allowed. Two or more cities with populations under
20,000 may apply for funding for a joint housing action plan. They should reference the work
with other jurisdictions. Where work can be shared, funding requests should reflect these
savings.
Any city that applied as part of a joint application in the first round of funding may also apply
for funding in this second round for other activities, not funded in the first round.
NOTE: Joint applicants must designate a lead agency for purposes of grant administration and
contracting. The lead city and partner city or cities must meet all the eligibility requirements
for this grant. Each joint city will have a separate grant agreement through Commerce, due to
the grant requirement for a separate legislative action by each grantee, in order to receive their
portion of the grant funding.
5. Completing the Grant Application Form
Summary Page
Provide the name of your city and the total grant funding requested.
Select from the list of activities that your city intends to pursue.
5.1 Jurisdiction Information
Complete the requested fields, providing Jurisdiction Information. If two or more cities
are jointly applying and collaborating on this grant, submit a separate page for each city.
Indicate which city is the lead city for purposes of the grant.
Unified Business Identifier (UBI) Number: For entities in Washington State, the 9-digit
Unified Business Identifier (UBI) is assigned for doing business in Washington State. It is
written as “_ _ _ -_ _ _- _ _ _”. Your accounting/finance officer should be able to
provide this number. http://apps.dor.wa.gov/BRD/
6
Statewide Vendor (SWV) Number: This is a nine digit number assigned by the state to
your jurisdiction in order for direct deposit/EFT payments. It is typical written as “SWV_
_ _ _ _ _ _ - _ _”. Your accounting/finance officer should be able to provide this
number. Contact us for more information.
Authorized Official: Please provide the name and title of the official authorized to sign
the grant agreement. Usually this is the Mayor. However, it may be a designated
administrative officer, such as the City Manager, depending on your city’s policies and
structure. Please provide the name and title as it should appear under the grant
agreement signature line:
5.2 The Scope of Work and Project Schedule
Under Scope of Work, for each selected Action, please use the language from E2SHB
1923. This language is also available in the list of eligible activities on the last pages of
these Instructions.
Next to “Step”, describe each task needed to carry out the Action. The third and fourth
columns are for estimated start and end dates for each action.
“Actions” refer to the overall purpose of a specific part or portion of the project.
Actions should include a “start” and “end” date.
“Steps” are brief statements about the work activities that this particular portion of the
project entails. Steps need an estimated end date. Start dates are optional. If only a
month and year are given, we will assume that the estimated start date is the first day
of the first month and the estimated end date is the last day of the last month.
“Deliverables” are the final products that the grant and/or portion of the grant will
generate. The applicant will need to deliver these products by the dates indicated in
the “End Date” column.
NOTES:
Actions selected from the menu of twelve actions must be adopted by April 1,
2021 to receive full funding.
The final due date for Deliverables must be no later than June 15, 2021.
7
The following table shows a sample Scope of Work. Use a separate table for each Action.
Sample Scope of Work
Action/Steps/
Deliverable
Description Start Date End
Date
Action 1.0 Short description of the Action…
Step 1.1 Gather relevant data and review existing
code language
9/1/19 11/1/19
Step 1.2 Analyze collected data and review parcel
data to understand the realistic potential for
this action.
11/1/19 12/30/19
Step 1.3 Develop recommendations to planning
commission
01/1/20 2/15/20
Step 1.4 Present recommended amendments to
planning commission
2/15/20 3/1/20
Deliverable 1 Draft Ordinance and Staff Report
2/15/20
Step 1.5 Prepare notices, distribute information and
conduct public hearings
3/1/20 4/1/20
Step 1.6 Make changes to amendment package per
planning commission recommendations
6/16/20 7/15/21
Step 1.7 Present to council
8/15/21 9/15/21
Step 1.8 Prepare for council adoption
10/03/21 11/1/21
Deliverable 2 Adopt Ordinance
2/15/21
Please note this example is for illustrative purposes only.
The Scope of Work included in the Grant Application will be used to develop a contract
when the grant is awarded.
Applicants are not limited to the number of lines represented on the Grant Application
form. Add additional lines as needed.
If an Action and/or Step is currently in progress, at the time you are applying for this
funding, clearly document progress to date and detail the tasks that will be carried out
using grant funds. Grant funds may be used for any tasks occurring after July 28, 2019.
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5.3 Budget / Financial Information
In the budget table, provide information about the project’s cost, corresponding to the
Actions in the scope of work. In the budget narrative, provide estimates of staff hours
for each Action (or step), staff hourly rates, and other expenses to support the
requested funding amount. Budget managers should be aware that the final thirty
percent (30%) of the grant amount for each action is contingent upon adoption of the
selected Action.
The budget table has space to include other funds for each Action. Please estimate in-
kind or other funding supporting each action.
Sample Budget
Action / Deliverables Commerce
Funds
Other Funds
[If applicable]
Action 1. $___________ $__________
Action 2. $___________ $__________
Action 3. $___________ $__________
Total: $___________ $__________
5.4 Grant Application Questions and Scoring Method
Commerce will award grant funds proportionate to the level of effort proposed by a city,
and the potential increase in housing supply or regulatory streamlining that could be
achieved. All grant applications will be scored and ranked on the following criteria.
a. Readiness to Proceed: (20 points)
How ready is your jurisdiction to complete this project in a timely manner?
Please state how the project can be started and completed before April 1, 2021, Refer
to the scope of work if needed. Provide key comprehensive plan policies, housing
strategies, or other directives that support the development of the selected actions.
Identify the key staff or consultants who will be implementing the project along with
their history regarding their ability to successfully complete other grant projects.
b. Local Commitment to the Project: (10 points)
Please include a letter from the mayor authorizing the city to apply for a grant and
indicating a general willingness to adopt selected actions or a housing action plan. For
joint proposals, include letters of authorization from all participating jurisdictions.
(See Section 6 – Letter of Authorization below.)
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Describe the impact that the lack of Commerce grant funds would have on the project.
Indicate whether the proposed project is an expansion of an existing project that will
proceed even without the Commerce grant funds.
What local funding or in-kind services are leveraged by this grant? Indicate the level and
type of support that the appropriate legislative body will provide the project. For
example, include the amount of staff time and/or funding that is committed to the
project as well as other funding and “in-kind” support.
c. Potential to increase housing supply or provide regulatory streamlining: (40 points)
Please describe how the proposed actions will increase residential building capacity or
streamline regulations. Provide detail on your assumptions over the 20-year planning
period.
If adopting actions to increase residential capacity, for each action, please provide
an estimate of number of additional units that may be allowed over the 20-year
period as an absolute number and as a percentage of the number of units currently
planned for within the city. Include the assumptions you used in the estimate.
If adopting actions to streamline permitting, describe how the streamlining might
encourage more or faster development within your jurisdiction. Estimate the
number of units that might be built under the streamlined regulation, and as a
percentage of the number of units that are currently planned for within the city.
If pursuing a housing action plan, include a detailed statement discussing the general
direction of this work, and what you hope to accomplish. Describe strategies for
public involvement, policy work, or other features of the work that will help your
jurisdiction move towards adoption of provisions for more dense and diverse levels
of housing within your jurisdiction.
Explain how your application responds to the legislative direction in E2SHB 1923 to:
Increase residential building capacity in areas that have supportive transportation
and utility infrastructure, and are served with frequent transit service.7
Prioritize the creation of affordable, inclusive neighborhoods and to consider the risk
of residential displacement, particularly in neighborhoods with communities at high
risk of displacement.
7 E2SHB 1923 Section 5.
10
d. Local or Regional Need: (20 points)
Commerce will score this section based on a formula of cost burden and extreme cost
burden data within your community. For applications with multiple jurisdictions, this
data will be weighted by population. If there are particular factors that should be
factored in, please provide a short paragraph with details and facts.
e. Demonstration Potential: (10 points)
Is this a project that would provide an example that can easily be used by other local
governments? Describe how the project or elements of the project could be transferred
to other jurisdictions. Include factors that may limit the transferability of the project,
such as budget and staffing, and factors that would make it broadly applicable.
Summary of Criteria and Points
a) Readiness to proceed 20 points
b) Local Commitment to the project 10 points
c) Potential to increase housing supply or provide regulatory
streamlining
40 points
d) Local or regional need 20 points
e) Demonstration potential 10 points
Total 100 points
Applications are scored based on the responses to questions. After scoring, the applications
are ranked by total points. The scores, together with the total number of applications
received, will assist in determining the grant funding and any adjustments needed. This will
also help determine how much funding is awarded.
6 Letter of Authorization
A letter of authorization from the city mayor, or other authorized official, should accompany
the completed application form. The letter from Mayor should include the following language:
I,________________, Mayor of ____________ , authorize the city to propose the attached
scope of work and budget request for E2SHB 1923 grant funding to increase residential
building capacity.
[Include selected Actions. Mention how the work plan fits with the vision and goals of the
community, and include a short description of efforts already underway to support the work.]
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We agree to adopt the ordinances and/or plans that result from the grant, by April 1, 2021,
acknowledging that, a minimum, the actions must meet the requirements of E2SHB 1923.
7 Grant Application Format and Submittal Requirements
Applications are due by Tuesday, October 15, 2019, at 5:00 pm.
Applications should be submitted as a single combined document. Maximum length is 10
pages, not including the letter of authorization. The letter of authorization should be scanned
and attached, or have a scanned signature of the Mayor, or individual within the organization,
authorized to sign this letter.
Applications must be submitted electronically as an attachment to an e-mail to
gmsgrants@commerce.wa.gov. Attachments to e-mail shall be in Microsoft Word format or
PDF. Zipped files cannot be received by Commerce and cannot be used for submission of
proposals.
Commerce does not assume responsibility for problems with Applicant’s e-mail. If Commerce
email is not working, appropriate allowances will be made. Commerce will confirm receipt of
emailed applications. Applications should not be mailed in hardcopy or transmitted using
facsimile transmission.
Applicants should allow sufficient time to ensure timely receipt of the proposal by Commerce.
Late proposals may not be accepted. All proposals and any accompanying documentation
become the property of Commerce and will not be returned.
For more information, please contact:
Dave Andersen, GMS Managing Director / Project Lead
(509) 434-4491, dave.andersen@commerce.wa.gov
Paul Johnson, Management Analyst / Contracts
(360) 725-3048 paul.johnson@commerce.wa.gov
Anne Fritzel, Senior Planner / Housing Technical Specialist
(360) 725-3064 anne.fritzel@commerce.wa.gov
Grants Email: gmsgrants@commerce.wa.gov
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Activities eligible for E2SHB 1923 funding: Select at least two of the
actions listed below, a housing action plan, or a combination.
a) Authorize development in one or more areas of not fewer than 500 acres that include at
least one train station served by commuter or light rail with an average of at least fifty
residential units per acre. Regulations must require no more than an average of one on-
site parking space per two bedrooms in multifamily zones that are located within the
areas.
b) Authorize development in one or more areas with an average of at least 25 dwelling units
per acre, served by scheduled bus service of at least four times per hour, at least 12 hours
per day. Regulations must require no more than an average of one on-site parking space
per two bedrooms in multifamily areas. Designated areas should be at least 250 acres for
cities with a population of less than 40,000 people, or 500 acres for cities with a population
over 40,000.
c) Authorize at least one duplex, triplex, or courtyard apartment on each parcel in one or
more zoning districts that permit single-family residences unless a city documents a specific
infrastructure or physical constraint that would make this requirement unfeasible for a
particular parcel.
d) Authorize cluster zoning or lot size averaging in all zoning districts that permit single-
family residences;
e) Authorize attached accessory dwelling units (ADUs) on all parcels containing single-family
homes where the lot is at least 3,200 square feet in size, and permit both attached and
detached ADUs on all parcels containing single-family homes, provided lots are at least
4,356 square feet in size. Qualifying city ordinances or regulations may not provide for on-
site parking requirements, owner occupancy requirements, or square footage limitations
below 1,000 square feet for the accessory dwelling unit, and must not prohibit the separate
rental or sale of accessory dwelling units and the primary residence. Cities must set
applicable impact fees at no more than the projected impact of the accessory dwelling unit.
To allow local flexibility, other than these factors, accessory dwelling units may be subject
to such regulations, conditions, procedures, and limitations as determined by the local
legislative authority, and must follow all applicable state and federal laws and local
ordinances.
f) Adopt a subarea plan pursuant to RCW 43.21C.420.
g) Adopt a planned action pursuant to RCW 43.21C.440(1)(b)(ii).
h) Adopt an infill exemption under RCW 43.21C.229 for residential or mixed-use development
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i) Adopt a form-based code in one or more zoning districts that permit residential uses.
"Form-based code" means a land development regulation that uses physical form, rather
than separation of use, as the organizing principle for the code;
j) Authorize a duplex on each corner lot within all zoning districts that permit single-family
residences.
k) Allow for the division or redivision of land into the maximum number of lots through the
short subdivision process provided in chapter 58.17 RCW;
l) Authorize a minimum net density of six dwelling units per acre in all residential zones,
where the residential development capacity will increase within the city.
Housing Action Plan
The goal of any such housing plan must be to encourage construction of additional affordable and
market rate housing in a greater variety of housing types and at prices that are accessible to a
greater variety of incomes, including strategies aimed at the for-profit single-family home market .
The housing action plan should:
(a) Quantify existing and projected housing needs for all income levels, including extremely low-
income households, with documentation of housing and household characteristics, and cost-
burdened households;
(b) Develop strategies to increase the supply of housing, and variety of housing types, needed to
serve the housing needs identified in (a) of this subsection;
(c) Analyze population and employment trends, with documentation of projections;
(d) Consider strategies to minimize displacement of low-income residents resulting from
redevelopment;
(e) Review and evaluate the current housing element adopted pursuant to RCW 36.70A.070,
including an evaluation of success in attaining planned housing types and units, achievement
of goals and policies, and implementation of the schedule of programs and actions;
(f) Provide for participation and input from community members, community groups, local
builders, local realtors, nonprofit housing advocates, and local religious groups; and
(g) Include a schedule of programs and actions to implement the recommendations of the housing
action plan.
1
Increasing Residential Building Capacity
E2SHB 1923 Eligible Activities and
Frequently Asked Questions about the Grant
Revised as of September 20, 2019: Revisions start on page 9
G row th Man ag emen t Ser vi c es
Lo c al Go ver n m ent Di vis ion
E2SHB 1923 provided $5 million to increase residential building capacity in Washington
communities. These funds are prioritized in the bill for the 53 GMA cities over 20,000 in
population. These are the steps in implementation.
SURVEY: Commerce developed a Grant Opportunity Interest Survey which includes questions
about the various eligible activities and which options these cities are likely to pursue if they
apply for grant funding. Commerce will use this to make decisions about the grant.
GRANT APPLICATION: A grant application will be released on August 15, 2019, and will be due
to Commerce by September 30, 2019. Awards will be made by the end of October. Grant
funded actions must be adopted by April 1, 2021.
LIST OF ELIGIBLE ACTIVITIES: This list is defined in the bill. Commerce has provided some
additional guidance to clarify some questions.
FREQUENTLY ASKED QUESTIONS: Commerce has received a number of questions about this
grant opportunity. We have compiled answers based on our analyses of the legislation and our
development of the grant program to date. These start on page 9 of this document.
Commerce contacts:
Dave Andersen, GMS Managing Director / Project Lead, (509) 434-4491
Anne Fritzel, Senior Planner, Project Technical Assistance (360) 725-3064
Paul Johnson, GMS Grants Coordinator, (360) 725-3048
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Activities eligible for E2SHB 1923 funding
1. Select at least two of the actions listed below:
a) Increase residential density near commuter or light rail stations to 50 dwelling units per
acre. Designated areas should be at least 500 acres in size.
This may be achieved as a sub-area plan or rezone within a designated area in response to
or anticipation of commuter or light rail stations. Regulations should allow at least 50
dwelling units per acre, and must require no more than an average of one on-site parking
space per two bedrooms in multifamily areas. The plan should consider all areas with a half
mile, or10-minute walk, of the station. Special attention should be paid to prioritize bicycle,
pedestrian, and transit access to station areas.
b) Increase residential density along high frequency transit corridors to 25 dwelling units per
acre. Designated areas should be at least 250 acres for cities with a population of less
than 40,000 people, or 500 acres for cities with a population over 40,000.
This may achieved as a sub-area plan or rezone along a transit corridor in response to or in
anticipation of high frequency transit corridors. E2SHB 1923 defines ”high frequency transit
service” as bus service at least four times per hour, at least 12 hours per day. Regulations
should allow at least 25 dwelling units per acre, and must require no more than an average
of one on-site parking space per two bedrooms in multifamily areas. The plan should
consider all areas with a half mile, or 10-minute walk, of the transit corridor, with special
attention to considerations for road crossings to transit service.
c) Authorize at least one duplex, triplex, or courtyard apartment on each parcel in one or
more zoning districts that permit single-family residences unless a city documents a
specific infrastructure or physical constraint that would make this requirement unfeasible
for a particular parcel.
Documentation of specific infrastructure or physical constraints should go beyond whether
sewer or other services currently exist at the location. Documentation should describe how
specific geographic features of the land, such as water bodies or critical areas make it
extremely difficult to develop, or to serve isolated parcels with urban services.
d) Authorize cluster zoning or lot size averaging in all zoning districts that permit single-
family residences;
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Cluster zoning is a zoning method in which development density is determined for an entire
specified area, rather than on a lot-by-lot basis. Within the specified cluster zone, a
developer can exercise greater flexibility in designing and placing structures, as long as the
total density requirement is met.
Lot size averaging allows the size of individual lots within a development to vary from the
zoned maximum density, provided that the average lot size in the development as a whole
meets that maximum. Housing can then be developed on lots smaller than otherwise
permitted in a zone, allowing for greater densities in some areas and more diversity
throughout the development.
These tools can be especially useful in lands encumbered by critical areas or other
constraints that point to a more flexible approach.
e) Authorize attached accessory dwelling units (ADUs) on all parcels containing single-family
homes where the lot is at least 3,200 square feet in size, and permit both attached and
detached ADUs on all parcels containing single-family homes, provided lots are at least
4,356 square feet in size. Qualifying city ordinances or regulations may not provide for on-
site parking requirements, owner occupancy requirements, or square footage limitations
below 1,000 square feet for the accessory dwelling unit, and must not prohibit the
separate rental or sale of accessory dwelling units and the primary residence. Cities must
set applicable impact fees at no more than the projected impact of the accessory dwelling
unit. To allow local flexibility, other than these factors, accessory dwelling units may be
subject to such regulations, conditions, procedures, and limitations as determined by the
local legislative authority, and must follow all applicable state and federal laws and local
ordinances.
GMA cities over 20,000 in population are already required to allow accessory dwelling units
(ADUs) in single family zones.1 To be eligible for funding under E2SHB 1923, eligible
jurisdictions must adopt an ADU ordinance that is consistent with these specifications for
lot size, unit size, no parking requirement, no owner occupancy requirement, reduced
impact fees, and subsequent separate sale of separate units. Please note the phrase “both
attached and detached ADUs” on all parcels over 4,356 square feet means allowing two (2)
ADUs per lot. Beyond these items, local governments may choose to waive utility
connection fees, building or permit fees, or address design. For more information please
review MRSC’s guidance on this topic, except that the 1994 CTED ADU guidance is
superseded by these requirements.
f) Adopt a subarea plan pursuant to RCW 43.21C.420.
1 See RCW 36.70A.400 and RCW 43.63A.215(3) (laws of1993)
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From RCW 43.21C.420:
Cities with a population greater than 5,000 may adopt optional elements of comprehensive
plans and optional development regulations that apply within subareas for areas that are
either:
a. Areas designated as mixed use or urban centers in a land use or transportation plan
adopted by a regional transportation planning organization; or
b. Areas within one half mile of a major transit stop, zoned for an average minimum
density of 15 units per gross acre. Section 3 of RCW 43.21C.420 defines a major transit
stop as:
A stop on a high capacity transportation service funded or expanded under RCW
81.104;
Commuter rail stops;
Stops on rail or fixed guideway systems, including transitways;
Stops on bus rapid transit routes or routes that run on high-occupancy vehicle lanes;
or
Stops for a bus or other transit mode providing fixed route service at intervals of at
least thirty minutes during the peak hours of operation.
The plan must be accompanied by an environmental impact statement (EIS) assessing and
disclosing the probable significant adverse environmental impacts. Any development
proposed within 10 years of the EIS, which is consistent with the plan and regulations may
not be challenged under SEPA.2
g) Adopt a planned action pursuant to RCW 43.21C.440(1)(b)(ii).
A planned action is an adopted plan and environmental review on a sub-area within an
urban growth area, consistent with a comprehensive plan adopted under the Growth
Management Act. The plan and environmental review are completed before projects are
proposed. Project-level significant impacts must be addressed in a State Environmental
Policy Act (SEPA) document, unless the impacts are specifically deferred for consideration at
the project level. The SEPA document may be a determination of non-significance (DNS), a
mitigated determination of significance (MDNS), or an environmental impact statement
EIS). To be eligible for funding, the planned action area should:
Be within an urban growth area;
Contain mixed use or residential development; and
Encompass an area that is within one-half mile of a major transit stop 3; or will be within
one-half mile of a major transit stop no later than five years from the date of the
designation of the planned action. Section 5 of RCW 43.21C.440 defines a major transit
stop as a commuter rail stop, a stop on a rail or fixed guideway or transitway system, or
2 See RCW 43.21C.420 (amended by E2SHB 1923, laws of 2019)
3 Defined in RCW 43.21C.440(5).
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a stop on a high capacity transportation service funded or expanded under chapter
81.104 RCW.4
For more information see http://mrsc.org/Home/Explore-Topics/Planning/Land-Use-
Administration/Planned-Action.aspx
h) Adopt an infill exemption under RCW 43.21C.229 for residential or mixed-use
development
This section allows for exemptions from SEPA evaluation if the city or county's applicable
comprehensive plan was previously subjected to environmental analysis and if the local
government considers the specific probable adverse environmental impacts of the
proposed action and determines they are adequately addressed by the development
regulations or other requirements.
Such an exemption categorically exempts government action related to development
proposed to fill in an urban growth area, where current density and intensity of use in the
area is lower than called for in the goals and policies of the applicable comprehensive plan
and the development is either (i) Residential development, (ii) Mixed-use development, or
(iii) Commercial development up to 65,000 square feet, excluding retail development. It
does not exempt government action related to development that is inconsistent with the
applicable comprehensive plan or would exceed the density or intensity of use called for in
the comprehensive plan.
Guidance on infill development is available from the Department of Ecology’s SEPA
Guidance website at https://ecology.wa.ecology.wa.gov/Regulations-
Permits/SEPA/Environmental-review/SEPA-guidance and look for the link to the 2017
SEPA Handbook.
i) Adopt a form-based code in one or more zoning districts that permit residential uses.
"Form-based code" means a land development regulation that uses physical form, rather
than separation of use, as the organizing principle for the code;
The purpose of a form-based code is to control the size and bulk of buildings, instead of
regulating by the number of units. This can help a local government encourage
development that meets the desired community character, but encourages a greater
number of units of a given parcel, as the number of units are not restricted. For more
information see mrsc.org/Home/Explore-Topics/Planning/Development-Types-and-Land-
Uses/Form-Based-Codes.
4 RCW 81.104 authorizes specific sources of funding. If the major transit stop does not meet the other descriptions,
refer to this section of statute for a section that authorizes the funding for the transportation serving the “major
transit stop.”
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j) Authorize a duplex on each corner lot within all zoning districts that permit single-family
residences.
A duplex on a corner lot can have the advantage of looking like a single-family housing unit
with a front-facing door on each corner. This approach can add density in single-family
areas without appearing to add a traditional duplex, but provides the benefit of additional
smaller units which can be more affordable.
k) Allow for the division or redivision of land into the maximum number of lots through the
short subdivision process provided in chapter 58.17 RCW;
RCW 58.17.020(6) defines a short subdivision as "the division or re-division of land into four
or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of
ownership. However, the legislative authority of any city or town may by local ordinance
increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a
maximum of nine. This applies in all cities and for counties within urban growth areas. By
increasing the number of lots in short plat, more development may be permitted by the
quicker short plat process, which can be processed administratively, rather than the longer
subdivision process, which generally requires approval of the legislative body. Local
governments may also wish to review RCW 58.17.100 which allows for delegation of final
plat approval to the planning commission or staff rather than going back to council.
l) Authorize a minimum net density of six dwelling units per acre in all residential zones,
where the residential development capacity will increase within the city.
This option is applicable where net density in residential zones is less than six dwelling units
per acre. Net density is the gross acreage minus public right of ways, divided by the number
of units. Where areas are encumbered by critical areas, clustering can help achieve the
target density.
2. Cities may adopt a Housing Action Plan
The goal of any such housing plan must be to encourage construction of additional affordable
and market rate housing in a greater variety of housing types and at prices that are accessible
to a greater variety of incomes, including strategies aimed at the for-profit single-family home
market. The housing action plan should:
(a) Quantify existing and projected housing needs for all income levels, including extremely
low-income households, with documentation of housing and household characteristics,
and cost-burdened households;
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Data should document the type and age of housing within the community, and the
demographics of the households within the communities. It should look across income
segments and identify how many households in each income segment are paying more than
30 percent of their income for housing costs. The analysis should also project population
demographics and income levels for the planning period and identify the types and
densities of housing that are needed for housing suitable and affordable for all demographic
and economic segments. This analysis should specifically consider multifamily and attached
housing types. For more information see WAC 365-196-410.
(b) Develop strategies to increase the supply of housing, and variety of housing types, needed
to serve the housing needs identified in (a) of this subsection;
Data gathered in the previous section should point to the types of housing that should be
allowed by local zoning, and the types of incentives and regulations that will be needed to
encourage the development of appropriate housing affordable to all income segments of
the community. Trade-offs in parking requirements, setbacks, and open space
considerations may be reviewed as they affect the yield in housing. Strategies to encourage
and support the development of subsidized housing, such as fee waivers and free land
should be considered, along with options for creating more housing. For a full menu of
strategies, see www.ezview.wa.gov (Affordable Housing Planning Resources). Policy
actions can be evaluated on the whether they are short term, or long term, how effective
they are, or whether they have a fiscal impact.
(c) Analyze population and employment trends, with documentation of projections;
Population analysis should consider the city’s portion of the countywide population
allocation projected over the 20-year planning period, along with regional population
trends. Employment trends should look at the jobs in the region, along with the income
levels of the jobs, and may consider the jobs/housing balance in the community. This
analysis should be considered with the analysis of housing needs in part (a) of this section.
(d) Consider strategies to minimize displacement of low-income residents resulting from
redevelopment;
Economic displacement occurs where low-income residents are forced out of traditional
low-cost areas as redevelopment occurs and rents rise. Strategies to minimize displacement
include preserving existing affordable housing, encouraging greater housing development,
including, but not limited to affordable housing (so more housing is available for all income
segments), using collective ownership of housing, engaging existing residents in identifying
strategies, and taking a broader look using regional rather than localized strategies. For
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more information consider US Department of Housing and Urban Development (HUD)
resources such as: www.huduser.gov/portal/sites/default/files/pdf/DisplacementReport.pdf
(e) Review and evaluate the current housing element adopted pursuant to RCW 36.70A.070,
including an evaluation of success in attaining planned housing types and units,
achievement of goals and policies, and implementation of the schedule of programs and
actions;
The housing element of the comprehensive plan should be evaluated for how well
development is implementing policies, specifically whether the community is on track to
accommodate the portion of the countywide population allocated to the community within
the planning period, and whether the housing types are affordable to all economic
segments. If these metrics are not met, new comprehensive plan policies should be
proposed to support zoning that allow the size and types of housing that can be affordable
to most economic segments of the population. Policies may also encourage or incentivize
the development of subsidized affordable housing. Action strategies or housing metrics can
help the plan stay on track over time.
(f) Provide for participation and input from community members, community groups, local
builders, local realtors, nonprofit housing advocates, and local religious groups; and
Broad participation from all parts of the community can help to understand and
communicate the housing need. Members of the public can provide information and
perspective on how the community can meet the state requirements to plan for housing
affordable to all economic segments.
(g) Include a schedule of programs and actions to implement the recommendations of the
housing action plan.
The housing action plan should cumulate in a broad array of potential programs and actions
that the jurisdiction has committed to pursue, or can partner with other organizations to
implement. The actions should include an update to policies in the comprehensive plan,
along with actions to update regulations to implement selected strategies. The schedule
should include a timeline for actions and funding, if required to implement the plan.
Actions protected from appeal
If adopted between July 28, 2019, and April 1, 2021, ordinances, amendments to development
regulations, and other nonproject actions taken by a city are not subject to administrative or
judicial appeal under the State Environmental Policy Act (SEPA).5 This excludes the adoption of
a sub-area plan adopted pursuant to RCW 43.21C.420.
5 E2SHB 1923, Section 1(3)
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In addition, any action taken by a city prior to April 1, 2021 to amend their comprehensive plan,
or adopt or amend ordinances or development regulations to enact any of the twelve actions to
increase residential building capacity is not subject to appeal to the Growth Management
Hearings Boards.6
QUESTIONS FROM SEPTEMBER 5 TO SEPTEMBER 19, 2019
1. What level of detail is Commerce seeking in the grant application for the scope of the
proposed project(s)?
The application need not provide a step-by-step level of detail, but should clearly outline
the steps proposed for each action, and should include grant milestones and deliverables.
For example, you would not include each task in detail, but identify when key tasks are to
be completed. The application should have enough detail to allow evaluators to get a good
sense of the steps and timing of the selected project. The scope of work in the application
should also be clear and complete enough to become the contract scope of work. Also
please consider the application instructions regarding page limit.
2. What flexibility could there be with meeting the September 30 application deadline?
What if a city is running late?
The application review period will be as follows:
i. The first round of grant application are due on September 30, from cities with a
population over 20,000. The initial review and ranking will include only those
applications received by the September 30 date.
ii. The second round of grant applications are due on October 15, from cities with a
population of 20,000 or less. The second round of application review and ranking
will include (1) initial review and ranking of applications from cities with
population of 20,000 or less, and (2) applications from cities with populations over
20,000 that were submitted late, after the September 30 due date.
iii. For any grant applications received after October 15, any review and ranking, and
awarding of funds will be dependent on the availability of any remaining grant
funding.
6 E2SHB 1923, Section 1 (4)
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3. Does the grant application Scope of Work/Project Schedule, and Budget apply to Housing
Action Plan grant applications?
Yes. (See, Item #2 and #3 in the Grant Application).
4. If awarded, would the Scope or Work and/or Budget be amendable? Would Commerce
want to approve changes to the schedule/scope?
The answer may depend on whether the grantee city is proposing to change or amend the
overall project selection, for which it originally applied, or requesting to modify specific
tasks, deliverables, or schedule/budget within the overall same project.
A city will be expected to remain committed to the project(s) outlined in the grant
application, for which funding is awarded. As with any project, there is often a need to
revisit the schedule and/or budget line items, and amend these activities. Commerce would
need to review and evaluate any proposed amendments, but the contract must be
generally remain consistent with the original application and proposal.
For more substantial changes to the scope of work, there would need to be justification for
the change. Under the terms of the contract, Commerce would review and consider
requested amendments on a case-by-case basis. As with any grant agreement, a city may
run the risk of having its grant award reduced, or cancelled, if it will be unable to complete
the overall project tasks and work for which it was awarded the grant.
5. For the grant application question regarding “Readiness to Proceed” (See Item #4a in the
Grant Application), we won't have identified a consultant before funding is awarded.
Should we identify possible consultants? Or just describe our RFP process?
Use of a third party consultant, and/or the specific details of the city’s RFP or hiring process
does not need to be addressed or identified in the grant application.
The Commerce grant contract terms provide a process for subcontracting and the general
terms governing this process. Commerce grant terms do not involve review and approval of
a specific subcontractor. The city should follow its established procurement process to hire
a subcontractor. These provisions may be viewed under the link to the Contract Terms on
the GMS Grants webpage, under Section 15-Subcontracting, of the grant contract.
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6. Does Commerce have any recommendations for the structure of an application for a
regional housing plan? How should multiple local governments apply for the grant to
allow a third party consultant to help with a portion of the work?
Commerce has no specific requirements for how to structure a application for a regional
housing plan, however, grant agreements must be executed with an eligible city and not a
third party consultant.
Commerce requires one separate application from each eligible jurisdiction when two or
more collaborate as joint applicants. Each application should identify which goals, task and
portions of the work will be undertaken and accomplished by that applicant city. Each
application should also identify if that city anticipates sub-grantees to be hired and how that
subcontracting will be managed.
It could work to pool funds, and have one city administer a single contract for shared work
with the sub-recipient, and ask for a larger share of the pooled funds. The other partner
cities could request smaller amounts of funding stating that they wish those funds to go to a
lead to hire the sub-recipient.
7. For question 4.c, do all three criteria apply for a housing action plan or just the last
criteria?
Under the grant application instructions for Question 4c. “Potential to increase housing
supply or provide regulatory streamlining,” only the third listed criteria applies to housing
action plans.
If pursuing a housing action plan, include a detailed statement discussing the general
direction of this work, and what you hope to accomplish. Describe strategies for
public involvement, policy work, or other features of the work that will help your
jurisdiction move towards adoption of provisions for more dense and diverse levels of
housing within your jurisdiction.
8. For question 4.c do both the criteria relating to how the application responds to the
legislative direction in E2SHB 1923 apply for housing action plans?
Yes. Explain how your application responds to the legislative direction in E2SHB 1923 to:
Increase residential building capacity in areas that have supportive transportation
and utility infrastructure, and are served with frequent transit service.
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Prioritize the creation of affordable, inclusive neighborhoods and to consider the risk
of residential displacement, particularly in neighborhoods with communities at high
risk of displacement.
9. Can the adoption timeline be extended to June 30 and the receiving party provide a final
report by the end of July?
No. The bill provides the date for adoption by April 1, 2021, for the twelve local actions
listed under Section 1(1)(a)-(l):
“(6) A city with a population over twenty thousand that is planning to take at least two
actions under subsection (1) of this section, and that action will occur between the
effective date of this section and April 1, 2021, is eligible to apply to the department for
planning grant assistance…” (E2SHB 1923, Section (1), subsection (6))
A Housing Action Plan, developed under Section 1(2) may be adopted after April 1, 2021,
but must be submitted by June 15, 2021, the deadline established by Commerce in order to
complete the grant closeout process by June 30, 2021, the end of the state fiscal year.
10. Is amending an existing subarea plan (not working on a brand new subarea plan)
acceptable under section f , Adopt a subarea plan pursuant to RCW 43.21C.420?
First, if you are a city with just a few key focus areas, it is very likely that you may have an
existing subarea plan. The legislation does not say that it needs to be a subarea plan for a
brand new area. However, the application should be clear how your project fits within the
criteria of RCW 43.21C.420(1), demonstrating how your subarea is either:
(a) Designated as mixed-use or urban center in a land use or transportation plan
adopted by a regional transportation planning organization; or
(b) Within one-half mile of a major transit stop that are zoned to have an average
minimum density of fifteen dwelling units or more per gross acre.7
To be eligible for funding, the proposed update to the subarea plan should represent a
significant improvement to meet the goals is E2SHB 1923. The application should be clear
about when the last subarea plan was done, what changes or new opportunities make it
timely for a new plan, and how this is going to increase residential building capacity and
streamline development. Is there new transit service? Has the housing market changed?
Are you considering expanding the subarea area, or a significant focus on housing
affordability? Can you add in other components such as form-based code or other
incentives to encourage more housing and more affordable forms of housing within the
7 Section 3 of RCW 43.21C.420 defines a major transit stop.
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subarea? The application should provide a clear justification why this project is going to be
a good investment in meeting the goals of the grant program.
11. Is the HAP considered to be a GMA document, and thus needs to be timed with our
comprehensive plan docket cycle? Or are we able to adopt it outside of that process?
A housing action plan (HAP) is not considered an element of the comprehensive plan, and
would not have to be timed with the docket. In order to meet contract timelines, the HAP
must be adopted before it is due to Commerce on June 15, 2021. Commerce recommends
submitting drafts of components of housing action plans as grant deliverables throughout
the term of the project.
QUESTIONS RELATED TO THE SURVEY AND TIMELINES
1. When will the grant application be available?
Grant information is available on https://www.commerce.wa.gov/serving-
communities/growth-management/growth-management-grants/ about two programs.
Applications for cities over 20,000 population are due September 30, 2019. Applications for
cities under 20,000 are due October 15, 2019.
2. How much detail are you expecting in the survey comment boxes for code citations. Is
there a word or letter count that we need to comply with?
Title and section citations of the city code are sufficient. We are looking for enough
information to find the applicable section of your city code. Survey Monkey sets a limit of
100 characters for a single line of text.
3. What was the effective date of HB 1923?
July 28, 2019. A city may start documenting expenses on specific tasks from the effective
date of the bill. This may be billed only if a grant is awarded. Billing may occur only after
there is a signed contract, which we expect to occur in November 2019.
4. How long will a city have to spend its funds once awarded? When are the start and end
dates?
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Section 1(6) of E2SHB 1923 states that funding may be provided in advance of, and to
support adoption of policies or ordinances consistent with this section. A city may start
documenting expenses on specific tasks from the effective date of the bill. This may be
billed only if a grant is awarded. Billing may occur only after there is a signed contract,
which we expect to occur in November 2019. The end of the contract period will be June
30, 2021, however, eligible actions must be taken (adopted) by April 1, 2021 to receive full
funding, and all deliverables must be submitted by June 15, 2021.
5. How will applications be selected for funding through the grant selection process?
Commerce will use the survey to develop a strategy to award funds across eligible
jurisdictions and consistent with level of effort. Eligible applications will be scored and
ranked consistent with scoring criteria, in the grant applications.
QUESTIONS ABOUT GRANT FUNDING
1. May another organization apply on behalf of an eligible city (or cities) for work under
E2SHB 1923?
No. A third party organization, such as a non-profit or consulting group, may help to
develop the application. However, the application would need to have a signed letter from
the Mayor of each jurisdiction committing to the work, with the understanding that the city
would be the grantee. Commerce would then execute a contract with each city receiving
funding, and the third party may be contracted by one or more of the cities to do contract
work for multiple jurisdictions.
2. The survey used the word “alternatively” but the text of E2SHB 1923 suggests that a city
could apply for both if desired.
Section 1 (Subsections 6 & 7) of the bill provide criteria for funding applications. Section1(6)
states that a city over 20,000 population that takes at least two of the listed actions can
apply for $100,000, and may apply for more if the action demonstrates extraordinary
potential to increase housing supply and streamline regulations.
Section 1(7) states that a cities can apply for up to $100,000 to develop a housing action
plan. Section 1(8) says that Commerce shall establish grant amounts to ensure all cities can
receive some level of grant support. As there are 53 jurisdictions eligible for the first round
of funding, and only $5 million available, Commerce recommends a city choose one or the
other option, or a combination for a maximum ask of $100,000, demonstrating the level of
effort required for each action, unless they can make a case for extraordinary potential.
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3. What sort of documentation might you be looking for to support an application for a
grant that exceeds $100,000?
An eligible city may request more than $100,000 for applications that demonstrate
“extraordinary potential to increase housing supply or regulatory streamlining,” such as the
following:
A single jurisdiction proposing at least two of the activities and explaining how these
actions demonstrate extraordinary potential to increase housing supply or regulatory
streamlining (does not include a housing action plan).
Transit corridor planning with multiple jurisdictions and tribes, if applicable.
Documentation would include the expected extraordinary increase in capacity or
streamlining from working together.
Housing action plans that cross multiple jurisdictions, and are coordinators for
consistency. Documentation would include the expected extraordinary outcomes as a
result of working together.
Jurisdictions eligible for the first round of funding may apply with ineligible jurisdictions
for activities such as regional housing action plans or subarea plans that may cross
jurisdictional boundaries, including into unincorporated UGAs. However, funding for
ineligible partners may be available at a significantly lower amounts than eligible
jurisdictions.
Examples of documentation may include the following:
If city proposes to adopt actions to increase capacity, it may provide a rough estimate of
number of additional units that may be produced over the 20-year period as a result of
these actions, including the assumptions used in the estimate, and how these numbers are
extraordinary, compared to existing plans and regulations, or to other similar jurisdictions.
If a city proposes permit streamlining, documentation may include an estimate of the
number and percentage of units that the proposed tool(s) may potentially streamline within
the jurisdiction, and how this might be extraordinary compared to normal course of
business or other similar jurisdictions.
4. If a city has a population of only 5,000 residents, which is below the established threshold
of 20,000, are there any opportunities for that city to join with neighboring cities who
may, together, have a combined population equal to or greater than the minimum
population threshold?
No, not in the first round. The legislature prioritized this funding first for cities of over
20,000 population, as these hold the greatest potential for increasing residential capacity.
After first-round applications have been scored and ranked, Commerce will review
applications from smaller cities.
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5. Is it still $100,000 limit if a city applies with an adjacent jurisdiction?
For two or more eligible cities working on a joint project, they may each submit an
application, referencing the work with the other jurisdiction(s). For multi-jurisdictional
activities, where partner cities are not eligible for the first round of funding, a single
application should be submitted by the jurisdiction eligible for the first round of funding,
including funding for ineligible partners at significantly lower amounts than eligible
jurisdictions.
6. HB 1923 says that an eligible jurisdiction must be “planning to take at least two
actions…between the effective date of this section and April 1, 2021…” That states an
intent. If we were to apply for a grant with the intent of completing that work and moving
the ordinance to city council for action prior to 4/21 but the political process pushes the
adoption beyond that date, does this imply that the city has to pay the state back?
No, we do not anticipate providing an advance that would need to be paid back, but rather,
the grant is structured as a performance-based contract, with a scope of work, milestones,
and deliverables completed in order to receive payments, including the final deliverable(s).
The contract end date will coincide with the end of the state fiscal year, June 30, 2021.
Therefore, final payment, as a percentage of the overall grant award, will be contingent on
submittal of any adopted actions as final deliverables. The final amount will be 30 percent
of the total grant award.
7. Once the grant money is received, can it be used for any action to do with the adoption of
these regulations?
The contract will include a work plan identifying the tasks that would be covered by the
grant, such as any actions required to develop and adopt the regulations / housing action
plan. This could be hiring consultants, paying for staff, or public consultation, consistent
with state spending guidelines.
8. If we have already started an eligible activity, can we use the funds to complete the
activity within the grant timeline?
Yes, however, the application should clearly document progress to date and detail the tasks
that will be carried out using grant funds. If most of the activity is already complete, it may
not qualify as one of the two actions required under the bill. In this case, at least two
additional activities would be needed to qualify for grant funding.
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QUESTIONS ABOUT GRANT ACTIVITIES
Scoring will be based on whether the project is eligible. Applications will be ranked according
to how they implement the goals of E2SHB 1923.
1. One of the actions identified under the bill includes a Housing Action Plan. May grant
funds be utilized for a “Housing Assessment Study”?
Yes, you could apply for this as part of the grant, but it should be part of a much larger
package of actions. A “Housing Assessment study” appears to be just the first of seven
components of housing action plan defined in the bill. The legislature provided up to
$100,000 for a full housing action plan.
2. The bill seems a little unclear as to what are the specific expectations and requirements to
be considered an acceptable “Housing Action Plan”. Is it possible to see a “model”
“Housing Action Plan” to better understand the specific requirements of what constitutes
a “Housing Action Plan”.
The bill lists a number of steps which must be completed, and best practices suggest a few
other steps. Housing action plans must include all elements in the bill to be eligible for
funding. Commerce does not have a model housing action plan at this time. However, many
Washington jurisdictions have already adopted housing strategies, such as Tacoma’s
Affordable Housing Action Strategy and Wenatchee Our Valley Our Future action plan,
which were considered as models when the bill was adopted.
3. Questions on E2SHB 1923 subsections 1(b): We exceed this amount of acreage in this
zoning category with transit – is this for additional acreage?
The language in the bill says 500 acres in one or more areas for larger jurisdictions.
If you already have a 500-acre sub-area that meets the density and transit frequency in the
bill, then you have already completed this option, unless the work will enable additional
housing capacity.
You may do additional planning for an already-designated 500-acre sub-area to meet the
density criteria in the bill.
If the transit service does not currently meet the “high quality transit definition, (bus service
at least four times per hour, at least 12 hours per day), then this is not a project that is
eligible for funding.
4. Does the requirement that the subarea be within one-half mile of a transit stop mean that
the subarea plan must include all of the area within one-half mile of the transit stop, or
could a subset of the half-mile area be considered? We read the language to mean that
the subarea itself must be within one-half mile of the stop, but that the subarea could be
smaller in size than the half-mile radius. (Our subarea would be centered on the station
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but would not extend an entire half-mile in every direction—particularly as a large
wetland, zoned for resource protection, is nearby.)
Our guidance on subarea planning choices(1 a or b) recognizes that natural features are
going to affect subarea planning, and that planning may be along a transit corridor, more
than in a simple circle. However, the planning area should include everything within the ½
mile / 10-minute walkshed of the transit stop, and naturally, will identify things like a
wetland complex that would be incompatible with high density development.
5. Could the subarea plan consider transportation connections to areas outside of the
specific subarea? We would like to do comprehensive planning in the area around the
station, but could also use assistance in formulating a more generalized plan to connect
the subarea to other parts of the city (through future road connections, identification of
possible pedestrian/bicycle paths, etc.)
The intent of the bill was to catalyze residential building capacity. While projects to connect
more areas to the BRT stations are a great idea, unless the project will increase residential
building capacity, that portion is unlikely to be eligible for funding under this grant. If
increased residential capacity results in the need for additional transportation planning,
that may be eligible for funding.
6. Item 1(d) – how is “cluster zoning” and “lot size averaging” defined in an urban definition?
The intent appears to be to remove or reduce the minimum lot size so that a greater variety
of lot sizes and housing types could be constructed on a given parcel within an urban
growth area.
7. We recently adopted an ADU ordinance that meets the criteria for such in HB 1923. There
is much work yet to do in implementing that ordinance to encourage and support ADU
development in the city. Would that be a category of work that would be eligible for the
grant?
The language of the bill states that jurisdictions must “take action” to be eligible for the
funding. If the ordinance is already adopted, actions beyond that to directly implement the
ordinance, such as creating guidance materials and developing new procedures are likely to
eligible activities, however, marketing materials would not likely be an eligible expense. In
order to receive funding, implementation activities would need to be clearly outlined in the
proposed work program.
8. For option 1.i., would a hybrid form/use based code qualify for funding?
Most form-based codes have some limits on use. A hybrid form-based code that sets some
limits on use would very likely qualify for funding under the grant.
City of Arlington Council Agenda Bill Item: WS #4 Attachment D
deemed fully complete to the satisfaction of the City and in accordance with the terms of the contract in January of 2019. A summary of the construction costs is as follows: Base Bid Price: $ 2,294,402.50 Change Orders : $ 38, 855.93 Unbilled Portion: $ (92,343.72)
City Of Arlington Public Works Department
154 W. Cox Arlington, WA 98223 360-403-3526
DATE: October 21, 2019
TO: Mayor Tolbert and Arlington City Council
FROM: James X. Kelly, Public Works Director
SUBJECT: PROJECT ACCEPTANCE
Year 2018 of 4 Year Utility Pavement Preservation Project No. P02.437.1
Project Title
Staff has certified the construction performed by Reece Construction Company __ 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 2018 project is as follows:
Contract Award Amount $ 2,294,402.50
Change Orders $ 38,855.93
Over-runs/Under-runs $ (92,343.72)
Sales Tax $ 102,401.58
Final Contract Cost $ 2,343,316.29
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 Year 2018 of 4 Year Utility Pavement Preservation Project .
Mayor Barbara Tolbert Date
cc: City Council
Kristin Garcia, Finance Director
City of Arlington Council Agenda Bill Item: WS #5 Attachment E
DRAFT Grant Agreement from Department of Ecology DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director – 360-403-3505 EXPENDITURES REQUESTED: $4,093.00 (City portion, over two years) BUDGET CATEGORY: Recycling Budget Line (General Fund) BUDGETED AMOUNT: $11,972.00 each year LEGAL REVIEW: DESCRIPTION: Acceptance of a two-year grant from the Department of Ecology for the amount of $16,372.00, with a $4,093.00 match obligation, to continue funding the City’s 2019-2021 refuse and recycling program. HISTORY: The City has been receiving a Department of Ecology Local Solid Waste Grant (formerly called a “CPG”
grant) for over 14 years; this grant is used to fund the City’s refuse and recycling program. The refuse and recycling program provides valuable information and outreach to Arlington’s citizens, business, industries, and schools about efficient and cost effective waste management practices – all of which not
• Table for further discussion
• Do not accept grant RECOMMENDED MOTION: Workshop; discussion only. At the next Council meeting the recommended motion will be, “I move to accept the Local Solid Waste Financial Assistance Grant offered by the Department of Ecology for fiscal years 2019 to 2021, and authorize the Mayor to sign the grant agreement, pending final review by the City Attorney.”
WRR: Business Recycling / Waste Prevention
Agreement No. SWMLSWFA-2019-ArliPW-00097
SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF ARLINGTON
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and CITY OF ARLINGTON, hereinafter referred to as the “RECIPIENT,” to carry out with
the provided funds activities described herein.
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
The RECIPIENT (City of Arlington), in coordination with a consultant, will spend $16,372 providing waste reduction
and recycling (WR&R) program assistance and information to city businesses, multi-family properties, and schools,
thereby diverting an estimated 96,000 pounds of recyclable material and reducing contamination in programs to10
percent or less.
Project Long Description:
See the Scope of Work section for more detailed information related to individual Tasks .
Overall Goal:
Provide regional solutions and intergovernmental cooperation ; prevent or minimize environmental contamination through
planning and project implementation; and comply with state and local solid and hazardous waste management plans and
$16,372.00
$16,372.00
$12,279.00
$4,093.00
07/01/2019
06/30/2021
Planning/Implementation
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laws.
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RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
Organization Fax:
CITY OF ARLINGTON
91-6001401
165590043
154 W Cox
Arlington, WA 98223
154 W Cox
kwallace@arlingtonwa.gov
(360) 435-7944
Billing Contact
Authorized
Signatory
Project Manager
Barbara Tolbert
Mayor
238 N Olympic Ave
Arlington, Washington 98223
Email: btolbert@arlingtonwa.gov
Phone: (360) 403-3442
Kris Wallace
Public Works Staff Accountant
154 W Cox
Arlington, Washington 98223
Email: kwallace@arlingtonwa.gov
Phone: (360) 403-3538
Jack Harris
5419 Greenwood Ave North
Seattle, Washington 98103
Email: jharris@seanet.com
Phone: (206) 755-5225
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Contacts
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Solid Waste Management
PO BOX 47600
Olympia, WA 98504-7600
Solid Waste Management
300 Desmond Drive SE
Lacey, WA 98503
Project
Manager
Financial
Manager
Vicki Colgan
3190 - 160th Ave SE
Bellevue, Washington 98008-5452
Email: vcol461@ecy.wa.gov
Phone: (425) 649-7224
Vicki Colgan
3190 - 160th Ave SE
Bellevue, Washington 98008-5452
Email: vcol461@ecy.wa.gov
Phone: (425) 649-7224
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SCOPE OF WORK
Task Number:1 Task Cost: $16,372.00
Task Title:Business Recycling / Waste Prevention
Task Description:
The RECIPIENT will provide WR&R outreach assistance to city businesses, multi-family properties, and area schools. The
RECIPIENT will coordinate its efforts with Waste Management, the City's solid waste and recycling service provider, and
Snohomish County Solid Waste Division, which has supplied printed and laminated outreach materials and recycling container/
totes for this project.
Activity: Business Recycling/ Education:
The RECIPIENT will give follow-up support to the 41 businesses that requested new or expanded recycling programs during
the previous LSWFA cycle; and provide WR&R information and support to an estimated nine (9) new businesses currently not
recycling. Follow-up contact and cart monitoring will continue to ensure recycling programs are working correctly and
contamination remains at a minimum.
Activity: Multi-family Recycling/ Outreach/ Contamination Reduction
Twenty-five (25) multi-family properties with existing recycling programs will be visited, containers inspected to assess the
degree of contamination (such as plastic bags deposited, along with polystyrene, food waste, and other non-recyclable items),
and action taken to remedy contamination to reduce levels at or below a target of 10% with outreach and technical assistance
tailored to the property, management, and tenants.The largest accounts will receive priority focus , and may also receive
door-to-door resident outreach. This most effective, yet time-intensive method is planned for an estimated 10 properties, time
and budget permitting.
Activity: Composting and Recycling Support for School Programs
WR&R assistance to the Arlington School District will involve recycling and composting program assessments at each of its
eight schools and the learning center, together with WR&R-optimizing recommendations for each school. The RECIPIENT will
confer with maintenance and kitchen staff at each school to see that recycling and composting is working and well -supported,
and verify that both organics and recycling bins maintain low contamination levels (at or below 10%).
Costs for these activities and associated salaries and benefits are eligible for LSWFA reimbursement . Costs incurred by
contractors to implement work identified in this Task are subject to the same eligibility and reimbursement requirements as
those for the RECIPIENT.
The RECIPIENT will report program progress and expenditures each quarter during the Agreement period . Upon spending
out the Task budget, the RECIPIENT will file its Final Payment Request along with the Recipient Close Out Report, which then
halts the requirement to submit 'no progress' quarterly reports for the time remaining in the grant period. ECOLOGY will keep
the Agreement open in the event additional funding become available , and will notify the RECIPIENT about the next steps
should the RECIPIENT wish to accept such funding.
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Task Goal Statement:
Increase recycling participation and diversion of recyclable materials from the landfill, from city businesses, multi-family
properties, and area schools, in addition to reducing contamination in recycling and/ or composting containers in these sectors.
Task Expected Outcome:
Recycled materials: Factoring in a lag time for starting/ developing recycling programs, 96,000 new pounds are estimated to be
diverted by the commercial and multi-family sectors.
Business and multi-family contamination reduced: Primarily based upon multi-family recycle container inspections, the target is
25 inspections. Once contamination is reduced, the percentage left is targeted at 10% or less, and a total of 15 bins is expected
to reach this percentage or lower.
Area schools: all eight schools will attain and maintain programs and organics and recycling bin contamination at or below 10%.
Recipient Task Coordinator: Jack Harris
Deliverables
Business Recycling / Waste Prevention
Number Description Due Date
1.1 Work as defined in the Scope of Work for this Agreement is implemented.
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Title:
State
Model Toxics Control Operating Account (MTCOA)
Type:
Funding Source %:
Description:
100%
Local Solid Waste Financial Assistance
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant?
Approved State Indirect Rate: 25%
25%
No
No
BUDGET
Funding Distribution EG200305
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
City of Arlington IMP
07/01/2019 06/30/2021
Grant
City of Arlington IMP Task Total
Business Recycling / Waste Prevention 16,372.00
16,372.00$
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Funding Distribution Summary
Recipient / Ecology Share
$$$%12,279.00 16,372.004,093.0025.00City of Arlington IMP
Total 4,093.00 12,279.00 16,372.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly . The Spending Plan and
Outcomes Data Collection form must be submitted along with a Payment Request/Progress Report. By checking the box
provided in the Outcomes Data Collection section of the form, the RECIPIENT certifies that the outcomes reported for that
quarter represent ONLY what was achieved with LSWFA (Ecology share plus local contribution). RECIPIENT shall not report
outcomes achieved with funds that exceed the LSWFA Agreement’s total budget .
RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial (including payment
requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement
of payment requests received after this date.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
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ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
·Receives more than $25,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required DUNS number, at
www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
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GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION
1.ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent
and character of all work and services.
2.AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3.ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources .
The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural
artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
•For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor
Executive Order 05-05, Archaeology and Cultural Resources.
•For projects with any federal involvement, if required, comply with the National Historic Preservation Act .
•Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site.
b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
•Keep the IDP at the project site.
•Make the IDP readily available to anyone working at the project site .
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•Discuss the IDP with staff and contractors working at the project site .
•Implement the IDP when cultural resources or human remains are found at the project site .
c)If any archeological or historic resources are found while conducting work under this Agreement :
•Immediately stop work and notify the ECOLOGY Program , the Department of Archaeology and Historic Preservation at
(360) 586-3064, any affected Tribe, and the local government.
d)If any human remains are found while conducting work under this Agreement :
•Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, and then the
ECOLOGY Program.
e)Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting cultural resources and human remains.
5.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7.COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e)ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof,
has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement ,
as appropriate, or upon completion of an audit as specified herein.
j)RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial, performance, and
other reports required by this agreement. Failure to comply may result in delayed reimbursement.
8.COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
Washington which affect wages and job safety .
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b)RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11.DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a)RECIPIENT notifies the funding program of an appeal request .
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d)ECOLOGY reviews the RECIPIENT’s appeal.
e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
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Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12.ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
•Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
•Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
•Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13.GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15.INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
16.KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
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(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18.ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19.PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior
to production and distribution.
b)RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c)If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20.PROGRESS REPORTING
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b)RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c)RECIPIENT shall use ECOLOGY’s provided progress report format .
d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
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quarter being reported.
e)RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
21.PROPERTY RIGHTS
a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g)Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
22.RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a)Be kept in a manner which provides an audit trail for all expenditures.
b)Be kept in a common file to facilitate audits and inspections.
c)Clearly indicate total receipts and expenditures related to this Agreement .
d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
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for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23.RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24.SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to
this end the provisions of this Agreement are declared to be severable .
25.STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26.SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
27.SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
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packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c)By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
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d)In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29.THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30.WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
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City of Arlington Council Agenda Bill Item: WS #6 Attachment F
to the satisfaction of the City and in accordance with the terms of the contract in May of 2019. A summary of the construction costs is as follows: Base Bid Price: $ 2,998,650.00 Change Orders: $ 46, 356.00 Unbilled Portion: $ (100,812.63)
- Remand to staff for further consideration
- Do not accept project completion RECOMMENDED MOTION: Workshop; discussion only. At the next council meeting the recommended motion will be, “I move to approve Project Close Out of the Arlington Valley Road Project contract with Scarsella Bros., Inc. in the amount of $2,939,793.00, 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 21, 2019
TO: Mayor Tolbert and Arlington City Council
FROM: James X. Kelly, Public Works Director
SUBJECT: PROJECT ACCEPTANCE
Arlington Valley Road Project No. P02.390.2
Project Title
Staff has certified the construction performed by Scarsella Brothers, Inc. 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 2018 project is as follows:
Contract Award Amount $ 2,998,650.00
Change Orders $ 46,356.00
Over-runs/Under-runs $ (100,812.63)
Sales Tax $ 41,955.17
Final Contract Cost $ 2,939,793.00
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 Arlington Valley Road Project .
Mayor Barbara Tolbert Date
cc: City Council
Kristin Garcia, Finance Director
City of Arlington Council Agenda Bill Item: WS #7 Attachment G
DRAFT - Metron and Associates, Inc. On-Call Service Contract DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director – 360-403-3505 EXPENDITURES REQUESTED: $60,000 (first year total Sept 2019-Sept 2020) BUDGET CATEGORY: Water /Sewer/Storm Capital Funds BUDGETED AMOUNT: $100,000 LEGAL REVIEW: DESCRIPTION: Request to enter into a three-year service contract with Metron and Associates, Inc. to provide on-call surveying and mapping services. HISTORY: In the normal course of business, the City of Arlington has needs for surveying and mapping, these needs include City project design survey, property boundary-line location/research, construction staking, and many others survey needs. As part of the 2019 Complete Streets project the City issued a Request For Qualifications (RFQ) for surveying and mapping services from the MRSC Consultants Roster, eight RFQ packages were received and scored. The City selected Metron and Associates, Inc. and the highest scoring firm. The City has used Metron and Associates, Inc. for over 18 years and are very satisfied with the cost, deliverable products, and timeliness on completion of services. This On-Call contract will streamline the
- Do not enter into contract with Metron and Associates
- Remand to staff for consideration RECOMMENDED MOTION: Workshop; discussion only. At the next Council meeting the recommended motion will be, “I move to approve the contract with Metron and Associates, Inc. for on-call surveying and mapping services, and authorize the Mayor to sign the contract, pending review by the City Attorney.”
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PSA (Rev 2018.11.15)
PROFESSIONAL SERVICES AGREEMENT
ON CALL SURVEYING AND MAPPING SERVICES
THIS AGREEMENT, is made and entered into in duplicate this ____ day of November,
2019, by and between the CITY OF ARLINGTON, a Washington municipal corporation,
hereinafter referred to as the "CITY" and Metron and Associates, Inc., hereinafter referred to as
the "PROFESSIONAL."
In consideration of the terms, conditions, and covenants contained herein, the parties hereto agree
as follows:
1. Scope of Services.
The PROFESSIONAL shall perform such services and accomplish such tasks, including
the furnishing of all materials and equipment necessary for full performance thereof, as are
identified and designated as PROFESSIONAL responsibilities throughout this Agreement and as
detailed in Exhibit "A" Surveying and Mapping Services attached hereto and incorporated herein
(the "Project").
2. Representations.
CITY has relied upon the qualifications of PROFESSIONAL in entering into this
Agreement. By execution of this Agreement, PROFESSIONAL represents it possesses the ability,
skill and resources necessary to perform the work and is familiar with all applicable current laws,
rules and regulations which reasonably relate to the Scope of Services detailed in Exhibit “A”
hereto. PROFESSIONAL shall exercise the degree of skill and diligence normally employed by
professional consultants engaged in the same profession, and performing the same or similar
services at the time such services are performed. PROFESSIONAL will be responsible for the
technical accuracy of its services and documents resulting therefrom, and CITY shall not be
responsible for discovering deficiencies therein. PROFESSIONAL agrees to correct any
deficiencies discovered without additional compensation, except to the extent such deficiencies
are directly attributable to deficiencies or omissions in City-furnished information.
3. Representation re Debarment, Suspension, and Other Responsibility Matters.
3.1 By executing this Agreement, the PROFESSIONAL certifies to t he best of its
knowledge and belief, that it and its principles:
3.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
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PSA (Rev 2018.11.15)
3.1.2 have not, within a three-year period preceding this proposal, been convicted
of or had a civil judgment rendered against them for commission of fraud
or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state anti-trust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property;
3.1.3 are not presently indicted for or otherwise criminally or civilly charged by
a governmental entity (federal, state, or local) with commission of any of
the offenses enumerated in paragraph 3.1.2 of this certification; and
3.1.4 have not, within a three-year period preceding this application/proposal, had
one or more public transactions (federal, state, or local) terminated for cause
or fault.
3.2 Where the perspective primary professional participant is unable to certify to any
of the statements in this certification, such prospective participant shall attach an
explanation to this agreement.
4. Term.
The Project shall begin on full execution of this agreement and shall be for a term of one-year,
unless sooner terminated according to the provisions herein. This contract may be extended for
three one-year extensions upon written mutual agreement by both parties.
5. Compensation and Method of Payment.
5.1 Payments for services provided hereunder shall be made following the performance
of such services, unless otherwise permitted by law and approved in writing by the
CITY.
5.2 No payment shall be made for any service rendered by the PROFESSIONAL
except for services identified and set forth in this Agreement.
5.3 The CITY shall pay the PROFESSIONAL for work performed under this
Agreement as follows: PROFESSIONAL shall submit monthly invoices detailing
work performed and expenses for which reimbursement is sought. CITY shall
approve all invoices before payment is issued. Payment shall occur within thirty
(30) days of receipt and approval of an invoice.
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PSA (Rev 2018.11.15)
5.4 CITY shall pay PROFESSIONAL for such services: (check one)
X Hourly: $_____________ per hour, plus actual expenses, per the agreed
schedule of charges included herewith as Exhibit A, but not to exceed a total
of $60,000.00 without an amendment to the contract. On every contract
term extension, the schedule of charges contained in Exhibit A may be
adjusted per the Seattle-Tacoma-Bremerton Consumer Price Index for the
preceding 12 months.
Fixed Sum: A total amount of $ _______ .
Other:
______________________________________________
for all work performed and expenses incurred under this Contract.
5.5 CITY reserves the right to withhold payment under this Agreement which is
determined, in the reasonable judgment of the City Administrator or his/her
designee to be noncompliant with this Agreement, the Scope of Services attached
hereto, City standards, or city, state or federal law.
6. Reports and Inspections.
6.1 The PROFESSIONAL at such times and in such forms as the CITY may require,
shall furnish to the CITY such statements, records, reports, data, and information
as the CITY may request pertaining to matters covered by this Agreement.
6.2 The PROFESSIONAL shall at any time during normal business hours and as often
as the CITY or State Auditor may deem necessary, make available for examination
all of its records and data with respect to all matters covered, directly or indirectly,
by this Agreement and shall permit the CITY or its designated authorized
representative to audit and inspect other data relating to all matters covered by this
Agreement. The CITY shall receive a copy of all audit reports made by the agency
or firm as to the PROFESSIONAL'S activities. The CITY may, at its discretion,
conduct an audit at its expense, using its own or outside auditors, of the
PROFESSIONAL'S activities which relate, directly or indirectly, to this
Agreement.
7. Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship will be created by
this Agreement. The CITY is interested primarily in the results to be achieved;
subject to paragraphs herein, the implementation of services will lie solely with the
discretion of the PROFESSIONAL. No agent, employee, servant or representative
of the PROFESSIONAL shall be deemed to be an employee, agent, servant or
representative of the CITY for any purpose, and the employees of the
PROFESSIONAL are not entitled to any of the benefits the CITY provides for its
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PSA (Rev 2018.11.15)
employees. The PROFESSIONAL will be solely and entirely responsible for its
acts and for the acts of its agents, employees, servants, subcontractors or
representatives during the performance of this Agreement.
7.2 In the performance of the services herein contemplated the PROFESSIONAL is an
independent contractor with the authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the CITY and shall be subject to the CITY'S general rights of
inspection and review to secure the satisfactory completion thereof.
8. PROFESSIONAL’s Employees/agents
The CITY may at its sole discretion require the PROFESSIONAL to remove any employee, agent
or servant from employment on this Project. The PROFESSIONAL may however employ those
individual(s) on other non-CITY related projects.
9. Hold Harmless/Indemnification.
9.1 PROFESSIONAL shall, at its sole expense, defend, indemnify and hold the CITY,
its officers, officials, employees and volunteers harmless from any and all claims,
actions, suits, liability, loss, or costs including attorney fees, caused by the wrongful
or negligent acts, errors or omissions of the PROFESSIONAL or the
PROFESSIONAL’s agents, employees or subcontractors in performance of this
Agreement, except for injuries and damages caused by the sole negligence of the
CITY or the CITY’s agents or employees.
9.2 PROFESSIONAL’s duty to indemnify and hold the CITY harmless against liability
for damages arising out of or caused by the concurrent negligence of CITY or
CITY’s employees or agents and PROFESSIONAL or PROFESSIONAL’s
employees or agents shall apply only to the extent of the negligence or wrongdoing
of PROFESSIONAL and PROFESSIONAL’s employees or agents.
9.3 Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent
negligence of the PROFESSIONAL and the CITY, its officers, officials,
employees, and volunteers, the PROFESSIONAL's liability, including the duty and
cost to defend, hereunder shall be only to the extent of the PROFESSIONAL’s
negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the PROFESSIONAL’s waiver of
immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. PROFESSIONAL certifies, by signing this Agreement, that this
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PSA (Rev 2018.11.15)
indemnification provision was mutually negotiated. The provisions of this section
shall survive the expiration or termination of this Agreement.
9.4 No liability shall attach to the CITY by reason of entering into this Agreement
except as expressly provided herein.
10. Insurance.
The PROFESSIONAL shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the PROFESSIONAL, its agents, representatives,
or employees.
10.1 Minimum Scope of Insurance. PROFESSIONAL shall obtain insurance of the
types described below:
a. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
b. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors and personal injury and advertising injury. The
City shall be named as an insured under the PROFESSIONAL's
Commercial General Liability insurance policy with respect to the work
performed for the City using an additional insured endorsement at least as
broad as ISO CG 20 26.
c. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
d. Professional Liability insurance appropriate to the PROFESSIONAL's
profession.
10.2 Minimum Amounts of Insurance. PROFESSIONAL shall maintain the following
insurance limits:
a. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
b. Commercial General Liability insurance shall be written with limits no less
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PSA (Rev 2018.11.15)
than $1,000,000 each occurrence, $2,000,000 general aggregate.
c. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
10.3 Other Insurance Provisions. The PROFESSIONAL’s Automobile Liability and
Commercial General Liability insurance policies are to contain, or be endorsed to
contain that they shall be primary insurance as respect the CITY. Any Insurance,
self-insurance, or self-insured pool coverage maintained by the CITY shall be
excess of the PROFESSIONAL’s insurance and shall not contribute with it.
10.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A:VII.
10.5 Verification of Coverage. PROFESSIONAL shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the insurance
requirements of the PROFESSIONAL before commencement of the work.
10.6 PROFESSIONAL shall provide the CITY with written notice of any policy
cancellation within two business days of their receipt of such notice.
10.7 Failure on the part of the PROFESSIONAL to maintain the insurance as required
shall constitute a material breach of contract, upon which the CITY may, after
giving five business days’ notice to the PROFESSIONAL to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such
insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to the CITY on demand, or at the sole discretion of the CITY,
offset against funds due the PROFESSIONAL from the CITY.
10.8 If the PROFESSIONAL maintains higher insurance limits than the minimums
shown above, the CITY shall be insured for the full available limits of Commercial
General and Excess or Umbrella liability maintained by the PROFESSIONAL,
irrespective of whether such limits maintained by the PROFESSIONAL are greater
than those required by this contract or whether any certificate of insurance
furnished to the CITY evidences limits of liability lower than those maintained by
the PROFESSIONAL.
11. Ownership of Assets.
Title to all property furnished by the CITY shall remain in the name of the CITY and the CITY
shall become the owner of the work product and other documents, if any, prepared by the
PROFESSIONAL pursuant to this Agreement.
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PSA (Rev 2018.11.15)
12. Compliance with Laws.
12.1 The PROFESSIONAL, in the performance of this Agreement, shall comply with
all applicable federal, state or local laws and ordinances, including regulations for
licensing, certification and operation of facilities, programs and accreditation, and
licensing of individuals, and any other standards or criteria as described in this
Agreement to assure quality of services.
12.2 The PROFESSIONAL specifically agrees to pay any applicable business and
occupation (B & O) taxes which may be due on account of this Agreement.
13. Nondiscrimination.
13.1 The CITY is an equal opportunity employer.
13.2 Nondiscrimination in Employment. In the performance of this Agreement, the
PROFESSIONAL will not discriminate against any employee or applicant for
employment on the grounds of race, creed, color, national origin, sex, marital status,
age or the presence of any sensory, mental or physical handicap; provided that the
prohibition against discrimination in employment because of handicap shall not
apply if the particular disability prevents the proper performance of the particular
worker involved. The PROFESSIONAL shall ensure that applicants are employed,
and that employees are treated during employment without discrimination because
of their race, creed, color, national origin, sex, marital status, age or the presence of
any sensory, mental or physical handicap. Such action shall include, but not be
limited to: employment, upgrading, demotion or transfers, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and programs for training including apprenticeships. The
PROFESSIONAL shall take such action with respect to this Agreement as may be
required to ensure full compliance with local, state and federal laws prohibiting
discrimination in employment.
13.3 Nondiscrimination in Services. The PROFESSIONAL will not discriminate
against any recipient of any services or benefits provided for in this Agreement on
the grounds of race, creed, color, national origin, sex, marital status, a ge or the
presence of any sensory, mental or physical handicap.
13.4 If any assignment and/or subcontracting has been authorized by the CITY, said
assignment or subcontract shall include appropriate safeguards against
discrimination. The PROFESSIONAL shall take such action as may be required to
ensure full compliance with the provisions in the immediately preceding paragraphs
herein.
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PSA (Rev 2018.11.15)
14. Assignment/subcontracting.
14.1 The PROFESSIONAL shall not assign its performance under this Agreement or
any portion of this Agreement without the written consent of the CITY, and it is
further agreed that said consent must be sought in writing by the PROFESSIONAL
not less than thirty (30) days prior to the date of any proposed assignment. The
CITY reserves the right to reject without cause any such assignment.
14.2 Any work or services assigned hereunder shall be subject to each provision of this
Agreement and proper bidding procedures where applicable as set forth in local,
state and/or federal statutes, ordinances and guidelines.
14.3 Any technical/professional service subcontract not listed in this Agreement, must
have express advance approval by the CITY.
15. Changes or Amendments.
Either party may request changes to the scope of services and performance to be provided
hereunder, however, no change or addition to this Agreement shall be valid or binding upon either
party unless such change or addition be in writing and signed by both parties. Such amendments
shall be attached to and made part of this Agreement.
16. Ownership, Maintenance and Inspection of Records.
16.1 All drawings, plans, specifications, and other related documents prepared by
PROFESSIONAL under this Agreement are and shall be the property of CITY, and
may be subject to disclosure pursuant to RCW Chapter 42.56 or other applicable
public records laws. The written, graphic, mapped, photographic, or visual
documents prepared by PROFESSIONAL under this Agreement shall, unl ess
otherwise provided, be deemed the property of the CITY. CITY shall be permitted
to retain these documents, including reproducible camera-ready originals of
reports, reproduction quality mylars of maps, and copies in the form of computer
files, for the CITY’s use. CITY shall have unrestricted authority to publish,
disclose, distribute and otherwise use, in whole or part, and reports, data, drawings,
images or other material prepared under this Agreement, provided that
PROFESSIONAL shall have no liability for the use of PROFESSIONAL’s work
product outside of the scope of its intended purpose, and the CITY agrees to
indemnify and hold the PROFESSIONAL harmless from such use.
16.2 The PROFESSIONAL shall maintain books, records and documents, which
sufficiently and properly reflect all direct and indirect costs related to the
performance of this Agreement and shall maintain such accounting procedures and
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PSA (Rev 2018.11.15)
practices as may be necessary to assure proper accounting of all funds paid pursuant
to this Agreement. These records shall be subject at all reasonable times to
inspection, review, or audit, by the CITY, its authorized representative, the State
Auditor, or other governmental officials authorized by law to monitor this
Agreement.
16.3 The PROFESSIONAL shall retain all books, records, documents and other material
relevant to this agreement, for six (6) years after its expiration. The
PROFESSIONAL agrees that the CITY or its designee shall have full access and
right to examine any of said materials at all reasonable times during said period.
PROFESSIONAL agrees to cooperate with the CITY to produce in a timely manner
any records in the possession of PROFESSIONAL relating to the performance of
this Agreement which are or may be the subject of a valid request under the Public
Records Act, RCW Chapter 42.56.
17. Other Provisions.
If changes in state law necessitate that services hereunder be expanded, the parties shall negotiate
an appropriate amendment. If after thirty (30) days of negotiation, agreement can not be reached,
this Agreement may be terminated by the City no sooner than sixty (60) days thereafter.
18. Termination.
18.1 Termination for Convenience. The CITY may terminate this Agreement, in whole
or in part, at any time, by at least five (5) days written notice to the
PROFESSIONAL.
18.2 Termination for Cause. If the PROFESSIONAL fails to perform in the manner
called for in this Agreement, or if the PROFESSIONAL fails to comply with any
other provisions of the Agreement and fails to correct such noncompliance within
five (5) days written notice thereof, the CITY may terminate this Agreement for
cause. Termination shall be effected by serving a notice of terminati on on the
PROFESSIONAL setting forth the manner in which the PROFESSIONAL is in
default. The PROFESSIONAL will only be paid for services performed in
accordance with the manner of performance set forth in this Agreement.
19. Notice.
Notices, other than applications for payment, shall be given in writing to the persons named
below:
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PSA (Rev 2018.11.15)
TO THE CITY: TO THE PROFESSIONAL:
James X. Kelly, PE Tom Barry
Public Works Director Metron and Associates, Inc.
City of Arlington 307 N Olympic Ave #205
154 W Cox Ave. Arlington, WA 98223
Arlington, WA 98223
20. Attorneys Fees and Costs.
If any legal proceeding is brought for the enforcement of this Agreement, or because of a dispute,
breach, default, or misrepresentation in connection with any of the provisions of this Agreement,
the prevailing party shall be entitled to recover from the other party, in addition to any other relief
to which such party may be entitled, reasonable attorney's fees and other costs incurred in that
action or proceeding.
21. Waiver.
No officer, employee, agent or other individual acting on behalf of either party has the power, right
or authority to waive any of the conditions or provisions of this Agreement. No waiver in one
instance shall be held to be a waiver of any other subsequent breach or nonperformance. Failure
of either party to enforce at any time any of the provisions of this agreement or to require at any
time performance by the other party of any provision hereof shall in no way be construed to be a
waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof.
22. Jurisdiction and Venue.
22.1 This Agreement has been and shall be construed as having been made and delivered
within the State of Washington, and it is agreed by each party hereto that this
Agreement shall be governed by laws of the State of Washington, both as to
interpretation and performance.
22.2 Any action of law, suit in equity, or judicial proceeding for the enforcement of this
Agreement or any provisions thereof, shall be instituted and maintained only in any
of the courts of competent jurisdiction in Snohomish County, Washington.
23. Severability.
23.1 If, for any reason, any part, term or provision of this Agreement is held by a court
of the United States to be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the
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PSA (Rev 2018.11.15)
parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
23.2 If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith
shall be deemed inoperative and null and void insofar as it may be in conflict
therewith, and shall be deemed modified to conform to such statutory provisions.
24. Entire Agreement.
The parties agree that this Agreement is the complete expression of the terms hereto and any oral
representations or understandings not incorporated herein are excluded. Further, any modification
of this Agreement shall be in writing and signed by both parties. Failure to comply with any of the
provisions stated herein shall constitute material breach of contract and cause for termination.
Both parties recognize time is of the essence in the performance of the provisions of this
Agreement. It is also agreed b y the parties that the forgiveness of the nonperformance of any
provision of this Agreement does not constitute a waiver of the provisions of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
the day and year first hereinabove written.
CITY: PROFESSIONAL:
CITY OF ARLINGTON CONSULTANT NAME
__________________________________
Barb Tolbert, Mayor
City of Arlington Council Agenda Bill Item: WS #8 Attachment H
to provide grants to municipalities for work and projects associated directly with the implementation of Phase II National Pollutant Discharge Elimination System (NPDES) stormwater permits. Due to grant agreements being finalized so late in 2019 it is anticipated all expenses will be in 2020-2021. There is
• Table for further discussion
• Do not accept grant RECOMMENDED MOTION: Workshop; discussion only. At the next Council meeting the recommended motion will be, “I move to accept the 2019-2021 Municipal Stormwater Capacity Grant in the amount of $50,000, and authorize the Mayor to sign the grant agreement, pending final review by the City Attorney.”
Agreement No. WQSWCAP-1921-ArliPW-00037
WATER QUALITY STORMWATER CAPACITY AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF ARLINGTON
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and City of Arlington, hereinafter referred to as the “RECIPIENT,” to carry out with the
provided funds activities described herein.
2019-2021 Biennial Stormwater Capacity Grants
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project will assist Phase I and II Permittees in implementation or management of municipal stormwater programs.
Project Long Description:
N/A
Overall Goal:
This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state
water bodies.
$50,000.00
$50,000.00
$50,000.00
$0.00
07/01/2019
03/31/2021
Capacity Grant
Page 2 of 20
WQSWCAP-1921-ArliPW-00037
2019-2021 Biennial Stormwater Capacity Grants
City of Arlington
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
Organization Fax:
City of Arlington
91-6001401
165590043
154 W Cox
Arlington, WA 98223
154 W Cox
Arlington, Washington 98223
kwallace@arlingtonwa.gov
(360) 435-7944
Template Version 10/30/2015
Page 3 of 20
WQSWCAP-1921-ArliPW-00037
2019-2021 Biennial Stormwater Capacity Grants
City of Arlington
Nels Rasmussen
Stormwater Technician III
154 W Cox
Arlington, Washington 98223
Email: nrasmussen@arlingtonwa.gov
Phone: (360) 403-3518
Authorized
Signatory
Kris Wallace
Public Works Staff Accountant
154 W Cox
Arlington, Washington 98223
Email: kwallace@arlingtonwa.gov
Phone: (360) 403-3538
Billing Contact
Project Manager
Authorized
Signatory
Barbara Tolbert
Mayor
238 N Olympic Ave
Arlington, Washington 98223
Email: btolbert@arlingtonwa.gov
Phone: (360) 403-3442
Template Version 10/30/2015
Page 4 of 20
WQSWCAP-1921-ArliPW-00037
2019-2021 Biennial Stormwater Capacity Grants
City of Arlington
Contacts
Project
Manager
Financial
Manager
Kyle Graunke
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 407-6452
Kyle Graunke
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 407-6452
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Template Version 10/30/2015
Page 5 of 20
WQSWCAP-1921-ArliPW-00037
2019-2021 Biennial Stormwater Capacity Grants
City of Arlington
AUTHORIZING SIGNATURES
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 this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement .
This Agreement contains the entire understanding between the parties , and there are no other understandings or representations
other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
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 and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Water Quality
City of Arlington
Heather R. Bartlett
Mayor
Barbara Tolbert
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
Template Version 10/30/2015
Page 6 of 20
WQSWCAP-1921-ArliPW-00037
2019-2021 Biennial Stormwater Capacity Grants
City of Arlington
SCOPE OF WORK
Task Number:1 Task Cost: $5,000.00
Task Title:Project 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; and a recipient closeout report (including photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement , contracting, and
interlocal agreement requirements; 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.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling
project activities and assuring quality control. Every effort will be made to maintain effective communication with the
RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or
groups. The RECIPIENT shall carry out 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 and loan administrative requirements .
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement , quarterly progress reports, Recipient Closeout Report, and
two-page Outcome Summary Report. <br>
* Properly maintained project documentation.
Recipient Task Coordinator: Kris Wallace
Deliverables
Project Administration/Management
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges, and changes in the project schedule. Submitted at least quarterly in
EAGL.
1.2 Recipient Closeout Report (EAGL Form).
1.3 Two-page draft and Final Outcome Summary Reports.
Template Version 10/30/2015
Page 7 of 20
WQSWCAP-1921-ArliPW-00037
2019-2021 Biennial Stormwater Capacity Grants
City of Arlington
SCOPE OF WORK
Task Number:2 Task Cost: $45,000.00
Task Title:Permit Implementation
Task Description:
Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES)
permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National Pollutant Discharge
Elimination System (NPDES) permit, the RECIPIENT will ensure funds are used to attain compliance where applicable . The
following is a list of elements RECIPIENT’s project may include.
1) Public education and outreach activities, including stewardship activities.
2) Public involvement and participation activities.
3) Illicit discharge detection and elimination (IDDE) program activities, including:
a) Mapping of municipal separate storm sewer systems (MS4s).
b) Staff training.
c) Activities to identify and remove illicit stormwater discharges .
d) Field screening procedures.
e) Complaint hotline database or tracking system improvements.
4) Activities to support programs to control runoff from new development , redevelopment, and construction sites, including:
a) Development of an ordinance and associated technical manual or update of applicable codes.
b) Inspections before, during, and upon completion of construction, or for post-construction long-term maintenance.
c) Training for plan review or inspection staff.
d) Participation in applicable watershed planning effort .
5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as:
a) Inspecting and/or maintaining the MS4 infrastructure.
b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or
facilities.
6) Annual reporting activities.
7) Establishing and refining stormwater utilities, including stable rate structures.
8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring
funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the DEPARMENT approves prior
to awarding funding for monitoring.
Monitoring, including:
a) Development of applicable QAPPs.
b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit requirements.
9) Structural stormwater controls program activities (Phase I permit requirement)
10) Source control for existing development (Phase I permit requirement), including:
a) Inventory and inspection program.
b) Technical assistance and enforcement .
c) Staff training.
11) Equipment purchases that result directly in improved permit compliance. Equipment purchases must be specific to
implementing a permit requirement (such as a vactor truck) rather than general use (such as a pick-up truck). Equipment
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purchases over $5,000 must be pre-approved by Ecology.
Documentation of all tasks completed is required. Documentation may include: field reports, dates and number of inspections
conducted, dates of trainings held and participant lists, number of illicit discharges investigated and removed , summaries of
planning, stormwater utility or procedural updates, annual reports, copies of approved QAPPs, summaries of structural or
source control activities, summaries of how equipment purchases have increased or improved permit compliance. Capital
construction projects, incentives or give-a-ways, grant application preparation, TAPE review for proprietary treatment systems ,
or tasks that do not support Municipal Stormwater Permit implementation are not eligible expenses.
Task Goal Statement:
This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes ,
streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits.
Task Expected Outcome:
RECIPIENTS will implement measures required by Phase I and II NPDES permits.
Recipient Task Coordinator: Nels Rasmussen
Deliverables
Permit Implementation
Number Description Due Date
2.1 Documentation of tasks completed
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BUDGET
Funding Distribution EG200150
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
Model Toxics Control Operating Account (MTCOA)
100%
Cap Grants-MTC Operating
Type:
Funding Source %:
Description:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant?
Approved State Indirect Rate: 30%
0%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
1921 stormwater capacity
07/01/2019 03/31/2021
Grant
1921 stormwater capacity Task Total
Project Administration/Management 5,000.00
Permit Implementation 45,000.00
50,000.00$
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Funding Distribution Summary
Recipient / Ecology Share
$$$%50,000.00 50,000.000.000.001921 stormwater capacity
Total 0.00 50,000.00 50,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
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Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
·Receives more than $25,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required DUNS number, at
www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
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GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION
1.ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent
and character of all work and services.
2.AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3.ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources .
The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural
artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
•For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor
Executive Order 05-05, Archaeology and Cultural Resources.
•For projects with any federal involvement, if required, comply with the National Historic Preservation Act .
•Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site.
b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
•Keep the IDP at the project site.
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•Make the IDP readily available to anyone working at the project site .
•Discuss the IDP with staff and contractors working at the project site .
•Implement the IDP when cultural resources or human remains are found at the project site .
c)If any archeological or historic resources are found while conducting work under this Agreement :
•Immediately stop work and notify the ECOLOGY Program , the Department of Archaeology and Historic Preservation at
(360) 586-3064, any affected Tribe, and the local government.
d)If any human remains are found while conducting work under this Agreement :
•Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, and then the
ECOLOGY Program.
e)Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting cultural resources and human remains.
5.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7.COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e)ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof,
has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement ,
as appropriate, or upon completion of an audit as specified herein.
j)RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial, performance, and
other reports required by this agreement. Failure to comply may result in delayed reimbursement.
8.COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
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Washington which affect wages and job safety .
b)RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11.DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a)RECIPIENT notifies the funding program of an appeal request .
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d)ECOLOGY reviews the RECIPIENT’s appeal.
e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
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accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12.ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
•Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
•Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
•Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13.GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15.INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
16.KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
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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.
c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18.ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19.PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior
to production and distribution.
b)RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c)If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20.PROGRESS REPORTING
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b)RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c)RECIPIENT shall use ECOLOGY’s provided progress report format .
d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
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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 must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
21.PROPERTY RIGHTS
a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g)Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
22.RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a)Be kept in a manner which provides an audit trail for all expenditures.
b)Be kept in a common file to facilitate audits and inspections.
c)Clearly indicate total receipts and expenditures related to this Agreement .
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d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23.RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24.SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to
this end the provisions of this Agreement are declared to be severable .
25.STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26.SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
27.SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
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imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c)By Mutual Agreement
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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 the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29.THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30.WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
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