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Ratification of CLCP Grant Agreement with WA State Department of Ecology BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON Ratification of CLCP Grant Agreement No ) RESOLUTION NO 19- 41 W SWMCLCP-2021-LeCSWU-00012 with WA ) State Depart. Of Ecology for litter and illegal ) dumpsite cleanup and prevention education ) WHEREAS,the Lewis County Department of Public Works, Solid Waste Division, has been awarded a Community Litter Cleanup Program (CLCP) grant from the Washington State Department of Ecology, and WHEREAS, The Department of Ecology's CLCP grant No. SWMCLCP-2021—LECSWU-00012 is in the amount of$89,300 00 WHEREAS, such funds shall be used for litter pickup, refuse disposal, illegal dumpsite cleanup and prevention education , all tasks to be performed by the Lewis County Solid Waste Division, and WHEREAS, it appears to be in the public's best interest to ratify this grant agreement NOW THEREFORE BE IT RESOLVED that the Lewis County Board of County Commissioners hereby ratifies the Public Works Director's signature on CLCP Agreement No SWMCLCP-2021 LeCSWU- 00012, in the amount of$89,300.00, effective July 1, 2019 through June 30, 2021 between the State of Washington Department of Ecology and Lewis County Solid Waste, a division of the Lewis County Public Works Department, for litter pickup, refuse disposal, illegal dumpsite cleanup and prevention education n� Done in open session this �"1 day of �(►ni 2019 APPROVED AS TO FORM BO. 'D OF COUNTY C• MI TONERS Jonathan Meyer, Prosecuting A orney L•." COUNTY, A . 'il ON % ij ' 'i i A Al " I t ` �---- / , —.Ai :y Deputy Prosecuting Attorn:, Rob/ C Jac son,Chair ATTEST' • :%s coUNT•• Gary am dr,tidli " --- h it•, \ s 44y4 %pARD0\ ,_. • Rieva Lester,Clerk of the Bowl SINCE \ c'a: Edna J Fund,Commissi er •�' I\ 1845 8' z® • '•%0NS 1s;c. -0•••- ! ' ,�ill e STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 1'O Box 47600. Olympia,WA 98504-7600 .360.407-6000 711 for Washington Relay Service•Persons with a speech disability can call 877-833-634! July 17,2019 Steve Skinner PO Box 180 Centralia, WA 98531 Re: Community Litter Cleanup Program Agreement No SWMCLCP-1921-LECSWU-00012 Dear Steve Skinner' Congratulations! Enclosed is your 2019-2021 CLCP Executed Agreement The first payment request and progress report is due by October 30, 2019 For further information,please reference Ecology's Yellow Book and the Program Guidelines which are available on our website(ecology wa.gov)by searching "CLCP " For questions please contact the Ecology Project Manager identified on Page 4 of your Agreement for assistance. Sincerely, Blake Nelson Department of Ecology Grants, Litter,and Outreach Unit Supervisor 360-407-6930 blake.nelson@ecy.wa.gov ecy.wa.gov, RECEIVED DEPARTMENT OF JUL 12 2019 Imo ECOLOGY Ecology SWM - kC;Z State of Washington Agreement No. SWMCLCP-1921-LeCSWU-00012 SOLID WASTE MANAGEMENT COMMUNITY LITTER CLEANUP PROGRAM AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND LEWIS COUNTY SOLID WASTE UTILITY This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,hereinafter referred to as"ECOLOGY,"and Lewis County Solid Waste Utility,hereinafter referred to as the"RECIPIENT,"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title CLCP 2019-2021 Total Cost $89,300.00 Total Eligible Cost $89,300.00 Ecology Share $89,300.00 Recipient Share: $0.00 The Effective Date of this Agreement is 07/01/2019 The Expiration Date of this Agreement is no later than 06/30/2021 Project Type CLCP Grant Project Short Description. Litter and Illegal Dump Cleanup and Prevention Project Project Long Description. To remove litter and illegally dumped material from public lands and/or provide litter and illegal dump prevention education to citizens and other organizations The recipient shall furnish the necessary personnel,equipment,material and/or services,and/or otherwise do all things necessary for or incidental to the performance of the scope of work set forth herein Overall Goal. Keep Lewis County roads&rights-of-ways litter free Identify illegal dump sites and take the necessary steps to ensure dump sites are cleaned up as soon as possible and take steps to prevent additional dumps from occurring by State of Washington Department of Ecology Page 2 of 19 Agreement No SWMCLCP-1921-LeCSWU-00012 Project Title: CLCP 2019-2021 Recipient Nettie:, Lewis County Solid Waste Utility signage and or placing cameras at strategic locations Lewis County Solid Waste will work with other agencies to prevent Illegal dumping and Littering and promote litter prevention and cleat-up along county roads Purchase cameras for illegal dump sites and use cloud storage to retain images for law enforcement. RECIPIENT INFORMATION Organization Name Lewis County Solid Waste Utility Federal Tax ID 91-6001351 DUNS Number' 079272555 Mailing Address' PO Box 180 Centralia,WA 98531 Physical Address: PO Box 180 Centralia,Washington 98531 Organization Email, steve.skinnergewiscountywa.gov Contacts Project Manager Steve Skinner Manager P 0 Box 180 Centralia,Washington 98531 Email steve.skinner@lewiscountywa.gov Phone' (360)740-1403 Billing Contact Kristen Buckman Accountant PO Box 180 1411 S Tower Centralia,Washington 9853 I Email, kristen.buckman@lewiseotmtywa.gov lewiscottntywa.gov Authorized Steve J Skinner Signatory Manager P.O.Box 180 Centralia,Washington 98531 Email steve.skinner@lewiscountywa.gov Phone. (360)740-1403 Version 10/30/2015 State of Washington Department of Ecology Page 3 of 19 Agreement No: SWMCLCP-1921-LeCSWU-00012 Project Title: CLCP 2019-2021 Recipient Name: Lewis County Solid Waste Utility ECOLOGY INFORMATION Mailing Address' Department of Ecology Solid Waste Management PO BOX 47600 Olympia,WA 98504-7600 Physical Address Solid Waste Management 300 Desmond.Drive SE Lacey, WA 98503 Contacts *Ariona Project Manager PO Box 47775 Olympia,Washington 98504-7775 Email: ario461@ecy.wa.gov ecy.wa,gov Phone. (360)407-6351 My-Harsh Mal Financial Manager PO Box 47600 Olympia,Washington 98504-7600 Email. MMAI461 @ecy wa.gov Phone' (360)407-6996 Version 10/30/2015 State of Washington Department of Ecology Page 4 of 19 Agreement No. SWN1C1.CP-192l-LeCSWU-00012 Project Title. CLCP 2019-2021 Recipient Name. Lewis County Solid Waste Utility 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 Lewis County Solid Waste Utility Department of Ecology By' // /r te _ Laurie Davies Date Steve J Skinner Date Solid Waste Management Manager Program Manager Template Approved to Form by Attorney General's Office Version 10/30/2015 State of Washington Department of Ecology Page 5 of 19 Agreement No: SWMCLCP-1921-LeCSWU-00012 Project Title. CLCP 2019-2021 Recipient Name: Lewis County Solid Waste Utility Josh Metcalf ii</ Aki 0,7 • /• -ader Date Version 10130/2045 Page Sion of Washington Deportment of Ecology Pa g Agreement N . SWMCLCP-1921-LeCSWU-00012 Project Title: CLCP 2019-2021 Recipient Name: Lewis County Solid Waste Utility SCOPE OF WORK Task Number 1 Task Cost.$89,300.00 Task Title, Litter Pickup&Illegal Dump Clean-up Task Description,. The RECIPIENT will provide a Crew Supervisor and a 3-4 person inmate crew at least 35 hours per week that is devoted to roadside litter pickup on county roads&illegal dumps on public lands The RECIPIENT will work with other agencies to enroll the help of others to include casual help crews that Lewis County provides to clean litter along county roads Additionally,the RECIPIENT will work with volunteer organizations through the Adopt-A-road program. Work will be done with current Adopt-a-Road groups already in place,and new volunteer groups will be recruited for litter pickup. Citizen groups will collect litter and the RECIPIENT will dispose of the material. The RECIPIENT will coordinate scheduled cleanup in partnership with the Washington State Department of Transportation (WSDOT)and Ecology Youth Corps(EYC)to avoid duplication of effort. Ecology Youth Corps will provide a list of areas that they clean regularly if needed,so that the RECIPIENT's work crew can concentrate on areas that need cleaning The RECIPIENT will be responsible for all safety training In compliance with WSDOT and county road safety guidelines and ensure that proper equipment is used Signs and cones will be used to ensure the safety of workers in traffic areas, ELIGIBLE COSTS. Eligible costs include supervisor salaries and benefits,administrative costs(not to exceed 10%of total grant amount),tools, equipment and supplies,vehicle fuel and maintenance(Note you may not charge for general equipment rental and revolving fund ER&R charges—refer to CLCP Guidelines for details),eligible training,and eligible disposal costs Task Goal Statement. The RECIPIENT will clean county roads and illegal dump sites throughout the county The recipient will also enlist the help of other volunteer groups,such as casual help,Adopt-a-Road organizations and school programs Task Expected Outcome: Expected outcomes are: 2,300 Miles of roads to be cleaned 25 Acres of illegal dump sites, 230 Illegal dump sites actually cleaned 3000 pounds of recyclable material collected, 150,000 pounds of litter picked up from county roadways 60,000 pounds of illegal dump sites cleaned up and properly disposed of 3,900 Supervisor hours worked 33,000 crew member hours removing litter(including adopt-a-road&volunteers). Version 10/30/2015 State of Washington Department of Ecology Page 7 of 19 Agreement No: SWMCLCP-1921-LeCSWU-00012 Project Title. CLCP 20194021 Recipient Name: Lewis County Solid Waste Utility Recipient Task Coordinator; Steve Skinner Litter Pickup &Illegal Dump Clean-up Deliverables Number Description Due Date 1.1 Deliverables are Expected Outcomes 06/30/202 Version 10/30/2015 State of Washington Department of Ecology Page 8 of 19 Agreement No: SWMCLCP-1921-LeCSWU-00012 Project Title: CLCP 2019.2021 Recipient Name: Lewis County Solid Waste Utility BUDGET Funding Distribution EG190429 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: Lewis County CLCP Grant 2019-2021 Funding Type. Grant Funding Effective Date 07/01/2019 Funding Expiration Date 06/30/202 Funding Source. Title' Waste Reduction Recycling and Litter Control Account(WRRLCA) Type. State Funding Source% 100% Description, Community Litter Cleanup Program Approved Indirect Costs Rate Approved Rate Negotiated Between ECOLOGY and RECIPIENT,0% Recipient Match%. 0% L>_Kind Interlocal Allowed' No InKind Other Allowed. No Is this Funding Distribution used to match a federal grant? No Lewis County CLCP Grant 2019-2021 Task Total Litter Pickup&Illegal Dump Clean-up $ 89,300.00 Total $ 89,300.00 Version 10/30/2015 State of Washington Department of Ecology Page 9 of 19 Agreement No SWMCLCP-192t-LeCSWU-00012 Project Title. CLCP 2019-2021 Recipient Name: Lewis County Solid Waste Utility Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match% Recipient Share Ecology Share Total Lewis County CLCP Grant 0.00 % $ 0.00 $ 89,300,00 $ 89,300,00 2019-2021 Total S 0.00 $ 89,300.00 $ 89,300.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS Grant administrative costs are limited to 10 percent of grant approved expenditures, excluding Tools and Trucks Administrative costs for Tools and Trucks are not allowed under this grant program 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 fiords 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 pald 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 Version 10/30/2015 State of Washington Department of Ecology Page 10 01 19 Agreement No: SWMCLCP-1921-LeCSWU-000t2 Project Title CLCP 2019-2021 Recipient Name: Lewis County Solid Waste Utility "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 2CFRI80.330 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(HATA)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 tc 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.iov/>within 30 days of agreement signature.The FFATA information will be available to the public at www.usaspending.gov <http:/rwww.usaspendine.gov/>, For more details on FFATA requirements see www.fsrs.Rov<http://www.fsrslovi Version 10/30/2015 Stale of Washington Department of Ecology Page 11 of 19 Agreement No: SWMCLCP-1921-LeCSWU-00012 Project Title: CLCP 2019-2021 Recipient Maine: Lewis County Solid Waste Utility 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/SutnmaryPages/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 maybe 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 of 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 she 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 Version 10/30/2015 Stale of Washington Department of Ecology Page 12 of 19 Agreement No: SWMCLC13•1921-LeCSWU-00012 Project Title CLCP 2019-2021 Iteoipient Name Lewis County Solid Waste Utility • 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 o) 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)5863064, any affected Tribe,and the local government d) If any human remains are found while conducting work under this Agreement, • Immmediately 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,httpsafofm.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 Version 10/30/2015 State of Washington Department of Ecology Page 13 of 19 Agreement No: SWMCLCP.1921-LeCSWU-00012 Project Title: CLCP 2019-2021 Recipient Name. Lewis County Solid Waste Utility 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,director indirect,nor affect the interest of any corporation,partnership,or association in which lie/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 Version 10/3012015 Slate of Washington Department of Ecology Page 14 of 19 Agreement No: SWMCLCP 1921-LeCSWU•00012 Project Title. CLCP 2019.2021 Recipient Name: Lewis County Solid Waste Utility 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 subtnit 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. hdpsa/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. l3. 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) Version l0/30/2015 State of Washington Department of Ecology Pogo 15 of 19 Agreement No SWMCLCP-1921-LeCSWU-00012 Project Title: CLCP 2019-2021 Reeipient Nnme: Lewis County Solid Waste Utility 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 MWI3E 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";(t)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 clays 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 tins 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 Version 10/30/2015 State of Washington Department of Ecology Page 16 of 19 Agreement No SWMCLCP•1921•LcCSWU-00012 Project Title: CLCP 2019.2021 Recipient Name: Lewis County Solid Waste Utility 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 materials)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 hi 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 RECIPIENf'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 Version 10/30/2015 State of Washington Department of ficology Page 17 of 19 Agreement No: SWMCLCP-1921-LcCSWU-00012 Project Title: C1.CP 2019-2021 Recipient Name: Lewis County Solid Waste Utility 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 shalt provide clarifioation 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%) pet 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 AEI'(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 Version 10/30/2015 State of Washington Department of Ecology Page 18 of 19 Agreement No: SWMCLCP-1921 LeCSWU-00012 Project CLCP 2019-2021 Recipient Nanie: Lewis County Solid Waste Utility 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 falling 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 fiords, 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 Version 10/30/2015 State of Washington Department of Ecology Page 19 of 19 Agreement No: SWMCLCP-1921-LcCSWU-00012 Project Title. CLCP 2019.2021 Recipient Name' Lewis County Solid Waste Utility 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 Version 10/30/2015 BOCC AGENDA ITEM SUMMARY Resolution BOCC Meeting Date. Jul 29, 2019 Suggested Wording for Agenda Item Agenda Type. Consent Ratification of(CLCP)Agreement SWMCLCP-1921-LeCSWU-00012 with the Washington State Department of Ecology for litter pickup, refuse disposal, illegal dumpsite cleanup and prevention education Contact Laune Fife Phone 360- 740-3358 RECEIVED Department Public Works JUL "I g 2019 Action Needed Approve Resolution LEWIS COON f4 PROSECUTING ATl'ORNtA Description Lewis County Solid Waste, a division of the Public Works Department, has been awarded a Solid Waste Management Community Litter Cleanup Program (CLCP) Grant from the Department of Ecology,which Solid Waste will use for litter pickup, refuse disposal, illegal dumpsite cleanup and prevention education within Lewis County The agreement, effective July 1, 2019 through June 30, 2021, allows a total amount of$89,300 00 Additional Copies Josh Metcalf,Kim Amrine Steve Skinner,Robin Saline