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RES 85-22 GRANT WITH DEPARTMENT OF ECOLOGYRESOLUTION NO. 85-22 A RESOLUTION ACCEPTING A GRANT FOR MATCHING FUNDS FROM THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY FOR THE WINSLOW SLUDGE TRUCK PROJECT. WHEREAS, the Council of the City of Winslow, Washington feel it is in the best interest of providing for the health, safety, and welfare of the citizens of Winslow to accept a grant with the Department of Ecology for aid in financing a sludge truck; and WHEREAS, the laws of the State of Washington allow such acceptance, NOW, THEREFORE, be it resolved by the Council of the City of Winslow, Washington, as follows: That the Mayor is hereby authorized to execute the grant for matching funds from the State of Washington Department of Ecology known as Referendum 39 Solid Waste Grant No. 393540402; a copy of which is attached as Exhibit A. PASSED BY THE COUNCIL of the City of Winslow, Washington, this 3rd day of October, 1985, Frederick W. Harris Deputy Mayor ATTEST: Donna jeen~ Buxton Clerk/Treasurer EXHIBIT A for Referendum 39 Solid Waste Grant Between State of Washington Department of Ecology and Department of Public Works This grant is a valid, binding contract entered into between the State of Washington, Department of Ecology, hereinafter referred to as the "DEPARTMENT," and Department of Public Works, hereinafter referred to as the "GRANTEE." GRANTEE'S legal address: Department of Public Works City Hall P.O. Box 10100 Winslow, WA 98110 State application identifier: 393540402 The purpose of this grant is to provide grant funds to the GRANTEE from the DEPARTMENT for Winslow sludge truck project pursuant to Ch. 43.99F RCW, and to aid in fulfilling the DEPARTMI~NT'S obligations under said chapter. IT IS THEREFORE MUTUALLY AGREED THAT: A. DEPARTMENT'S PERFORMANCE The DEPARTMENT having found that the GRANTEE satisfies the applicable provisions of Ch. 43.99F RCW and the requirements of the DEPARTMENT; having determined the proposed project is eligible for funds from the DEPARTMENT, the DEPARTMENT hereby offers a grant not to exceed $44,000 to the GRANTEE subject to the GRANTEE'S agreement to carry out the terms and conditions hereof; said grant to aid in the financ- ing of the above-named project. The DEPARTMENT shall not provide typing, photocopying, or any other personal services except as other- wise provided in writing herein. B. METHOD OF PAYMENT OF GRANT FUNDS TO GRANTEE Requests for payment of grant funds shall be submitted by the GRANTEE on State voucher request forms provided by the DEPART- }tENT. Forms shall be submitted to: Department of Ecology, Olympia, Washington 98504, Attn: Solid Waste Management. The GRANTEE shall submit completed and signed vouchers as a request for payment at least quarterly and not more often than monthly. Each voucher shall show the designated quantity actually involved for which payment is requested. Payment shall be at a rate no greater than the unit bid prices of the suc- cessful bidder. All payments are expressly conditioned upon satisfactory submission to the DEPARTMENT of the above-named, certified A19-1 State voucher request form, the voucher support form, and progress reports. Progress reports shall be submitted with every request for payment. The voucher support form and supportive documents must set forth all allowable costs into major project elements as itemized in APPENDIX A. A general guideline for completion of the voucher request form, the voucher support form, and progress reports are attached to this grant as APPENDIX B, and are incorporated by referenced herein. The DEPARTM]~NT shall reimburse the GRANTEE for fifty (50) percent of the cost of the elements of work set forth in APPENDIX A, except that five (5) percent of each approved payment request shall be withheld by the DEPARTM]ENT as security for GI~TEE'S satisfactory performance. This amount will be paid to the GRANTEE when all activities reapproved in writing by the DEPART- MENT pursuant to the terms and conditions of this grant. The GRANTEE must submit the final request for payment of withheld funds within sixty (60) days after the DEPARTMENT'S written approval of the GRANTEE'S satisfactory completion of the grant project. All payments to the GRANTEE shall be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) shall be refunded to the DEPARTMENT by the GRANTEE. C. PRIOR LOAN If this grant has been preceded by a loan of state funds to the GRANTEE under_Chapter 43.83A RCW or Chapter 43.99F RCW, this grant is subject to any terms of such loan as may affect the amount herein. D. ACQUISITION PROJECTS The following provisions shall be in force if the project covered by this grant includes funds for the acquisition of land or facilities. Prior to disbursement of grant funds provided for herein, the GRANTEE shall supply evidence establishing to the satisfaction of the DEPARTMENT that the land and/or facilities cost represents a fair and reasonable price for the same as established by a real estate appraisal. The GRANTEE shall be responsible for providing satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of grant funds provided herein. Such evidence may include title insurance policies, Torrens certifi- cates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this grant. - 2 - E. BIDDING Contracts shall be awarded through a process of competitive bidding is required by state law. GRANTEE, as part of the normal bidding procedure shall: Provide the DEPARTMINT a full copy of the call for bids along with associated plans and cost estimates at least (20) working days prior to the intended date of publication of the proposed bid call. Incorporate into said call for bids and associated plans, specifications and estimates, any changes deemed necessary by the DEPARTMENT and submitted in writing to the GRANTEE prior to the intended date of publication of the call for bids. Submit to the DEPARTMENT for review a summary of all bids received along with the GRANTEE'S designation of the probable successful bidder. Intent to award a contract to any but the low bidder, or to any bidder exceeding any cost estimate included in APPENDIX A by more than 10 percent of the total grant project, must be approved in writing by the DEPARTMENT prior to award. In every case, award of a contract to the successful bidder is contingent upon prior written concurrence of the DEPARTMENT. Where all bids are substantially in excess of project estimates, the DEPARTMENT may, by notice in writing, suspend the project until a determination of appropriate action can be made, which may include written termination of grant assistance. Submit to the DEPARTMENT for its files, copies of all signed contracts awarded to the contractor(s) engaged to perform any work outlined in APPENDIX A. Copies of all bids, and all con- tracts awarded, shall be retained by the GRANTEE as provided in Section R. of this grant. F. CONVERSIONS The GRANIzE shall not at any time convert any equipment, property, or facility acquired or developed pursuant to this grant to uses other than those for which State grant assistance was originally allocated without prior written approval of the Assistant Director of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that proportion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this grant bore the original acquisition, purchase, or construction cost. G. TERMINATION For Cause: The obligation of the DEPARTMENT to the GRANTEE is contingent upon satisfactory performance by the GRANTEE of all of its obligations under this grant. In the event the GRANTEE -3- fails to perform any obligation required of it by this grant, the DEPARTMENT may refuse to pay any further grant funds there- under and/or terminate this grant by giving written notice of termination , and specifying the date thereof, at least five (5) days before the effective data of such termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepare d by the GRANTEE under this grant shall, at the option of the DEPARTMENT, become its property and the GRANTEE shall be entitled to receive just and equitable compen- sation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the GRANTEE shall not be relieved of liability to the DEPARTMENT for damages sustained by the DEPART- MENTby virtue of any breach of this grant by the GRANTEE. The DEPARTMENT may withhold any payments of the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the GRANTEE is determined. Insufficient Funds: The obligation of the DEPARTMENT to make grant payments is contingent upon the availability of such funds through legislative appropriation and state allotment, and such other conditions not reasonably forseeable by the DEPARTMENT and rendering performance substantially impossible. When this grant crosses over fiscal years, the obligation of the DEPARTMENT is contingent upon the allotment of funds during the next fiscal year. H. DISCRIMINATION In the hiring of personnel to assist in the project described_in this grant, the GRANTEE agrees not to discriminate against any appli- cant for employment because of sex, race, creed, color, marital status, age, the presence of any sensory, mental, or physical handicap or national origin. The GRANTEE shall take affirmative action to insure that minority applicants are employed, and that all employees are equally treated during their employment without regard to their sex, race, creed, color, marital status, age, the presence of any sensory mental or physical handicap or national origin. The GRANTEE furthers agrees to affirmatively support the DEPART- MENT'S minority contract procurement program insuring the partici- pation of minority businesses in subcontracts, subcontracts for goods and services, etc., awarded under this grant. I. INDEMNIFICATION To the extent the Constitution and laws of the State of Washington permit, the GRANTEE shall indemnify and hold harmless the DEPARTMENT from any claim of liability arising out of GRANTEE'S performance under this grant, or from operation of the facilities or equipment obtained with this grant. -4- J. CONTRACT OFFICER The extent and character of the work and services to be performed by the GRANTEE shall be subject to the general supervision, direction, control, and approval of the Contract Officer to whom the GRANTEE shall report and be responsible. In the event that there shall be any dispute with regard to the extent and character of the work to be done, the decision of the the Contract Officer shall govern, but the GRANqlE shall have the right to appeal as provided herein. For the purpose of this grant, the Contract Officer shall be Avery N. Wells unless otherwise changed in writing by the Assistant Director of the DEPARTMENT. DISPUTES Except as otherwise provided in this grant, any dispute concerning a question of fact arising under this grant which is not disposed of in writing shall be decided by the Contract Officer, who shall reduce any decision to writing and mail or otherwise furnish a copy thereof to the GRANTEE. The decision of the Contract Officer shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the GRANTEE mails or otherwise furnishes to the Contract Officer a written appeal addressed to the Director of the DEPARTMENT. In connection with appeal of any proceeding under this clause, the GRANTEE shall be afforded an opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director, or duly authorized representative, for the determi- nation of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought under Ch. 43.21B RCW. Pending final decision of a dispute hereunder, the GRANTEE _shall proceed diligently with the performance of the grant and in accordance with the decision rendered. L. FAILURE TO COMMENCE WORK In the event the GRANTEE fails to commence work on the project funded herein within four (4) months after the effective date of this grant, the DEPARTMENT reserves the right to terminate this grant. EFFECTIVE DATE AND PERFORMANCE Unless otherwise agreed upon in writing, the effective date of this grant shall be the date it is signed by the Assistant Director of the DEPARTMENT. Performance prior to the effective date of this grant, or after the completion date of the same, unless otherwise agreed upon in writing shall be at the GRANTEE'S expense. -5 - N. COMPLETION DATE The project described in APPENDIX A of this grant must be completed on or before June 30, 1986. O. PROJECT DESCRIPTION All work to be performed, or construction or purchases under the terms of this grant, is set forth and broken down into major project elements in APPENDIX A. Unless otherwise allowed in writing by the DEPARTMENT herein, no other items will be considered for reimbursement. P. PUBLICATIONS AND NEWS RELEASES All publications, reports, studies, plans, documents, statements, or news releases relating to this project which are prepared by the GR~E shall include the following statement: "This project is supported by a grant from the Department of Ecology under the provi- sions of Referendum 39," or words to that effect. Q. IDENTIFICATION SIGNS During construction of any facility, a sign shall be erected identi- fying the facility being constructed, giving the approximate date of opening, and bearing the following statement: "This project is being (has been) supported by a grant from the Department of Ecology pursuant to Referendum 39." The above statement must also be displayed on a permanent sign at or near the entrance of the facility upon completion of construction unless otherwise determined in writing by the DEPART~fENT. R. AUDITS AND INSPECTIONS The GRANGE shall maintain complete program and financial records relating to all activities and facilities financed in part by this grant. Engineering and field inspection documentation of all work accomplished with this grant shall be maintained. Such records shall clearly indicate total receipts and expendi- tures by fund source and object classification. All records shall be available to the DEPARTM]~NT for such reasonable use as the DEPARTMENT sees fit. All program and financial records prepared by the GP~E Shall be open for audit or inspection at reasonable times by the DEPARTMENT or any authorized representative during the period of this grant and for a period of three (3) years after the final grant payment or settlement of any dispute. In the event any such audits determine discrepancies in the financial records, adjustments and/or clarification will be required. -6- All work performed under this grant and any equipment purchased, shall be made available at reasonable times to the DEPARTHENT and to any authorized representative for inspection at any time during the period of this grant and for at least three (3) years after final grant payment or settlement of any dispute hereunder. The GP~TEE shall keep all records relating to this grant in a common file so as to facilitate audits and inspections. If any audit and/or inspection discloses that the GRANTEE has, or is, using any equipment, property, or facility acquired through this grant for purposes other than solid waste manage- ment, the DEPART}lENT shall have the right to make written demand for immediate repayment of a portion, or all, of the DEPARTMENT'S contribution to the grant project as appropriate to the particular circumstances. S. ALL WRITINGS CONTAINED HEREIN This grant, appendices, the DEPARTMENT'S current "Financial Guidelines for Grant Management" guidelines, and the DEPARTMENT'S current "Referendum 39 Solid Waste Grant Program" guidelines contain the entire understanding between the parties, and there are no other agreements, understandings, or representations set forth or incor- porated by reference herein. No subsequent modification(s) or amendment(s) of this grant shall be of any force or effect unless in writing, singed by the authorized representatives of the GRANTEE and the DEPARTMENT, and made a part of this original agreement. The above-named grant guidelines shall be furnished to the GRANTEE under separate cover. ASSURANCES GI~ agrees that all work to be performed under this grant will conform to: 1. This grant, appendices, and guidelines as provided in Section S. herein. Any engineering reports, plans, and specifications for the subject project as approved in writing by the DEPARTMENT. The applications for solid waste disposal permits for the subject project, together with the supporting documents as submitted to and approved by the jurisdictional health department. The solid waste disposal site permits for the subject project as issued by the jurisdictional health department together with any conditions and/or stipulations thereto. - 7 - U. COPYRIGHTS, PATENTS, AND TANGIBLE PROPERTY RIGHTS Copyrights and patents: Where the GRANTEE produces or creates any copyrightable material or patentable inventions, the GRANTEE may copyright or patent these items; but the DEPARTMENT retains a royalty-free nonexclusive and irrevocable license to produce, publish, recover, or otherwise use these items and to authorized others to reproduce such items for federal, state, or local government purposes. Tangible Property Rights: The DEPARTMENT'S current edition of "Financial Guidelines for Grants Management," Ch. 4 and the "Referendum 39 Solid Waste Grant Program" guidelines shall govern the utilization and disposition of all real and personal property furnished, or purchased wholly or in part with DEPART- MENT funds. Where there is any conflict, the "Referendum 39" guidelines shall be controlling. V. MISCEIJ~OUS PROVISIONS Compliance with all Laws: The GRANTEE agrees to comply with all laws, regulations, and policies of the State of Washington affecting performance under this grant. If the GRANTEE fails to comply with such laws, regulations, or policies, the DEPART- MENT shall have the right to terminate this grant as provided inSection G.I., heroin. Assignment of Rights and Obligations: The GRANTEE agrees not to assign any rights or claims against the DEPARTMENT. Perform- ance of all GRANTEE'S obligations under this grant shall be accomplished personally by the GRANTEE and GRANTEE'S employees. 6RANTEE shall not assign, subgrant, or contract performance to others unless specifically authorized in writing by the DEPARTMENT. Waiver: Waiver of any default is not a waiver of any subsequent default. Waiver of a breach of any provision of this grant is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this grant unless stated as such in writing by the authorized representative of the Industrial Insurance: The GRANTEE certifies full compliance with all state industrial insurance laws where applicable.. e Subgrants/Contracts: The GRANTEE is responsible for insuring that all subgrantees/contractors comply with the terms of this grant. -8 - IN WITNESS WHEREOF, the parties hereto execute this grant which shall become effective upon the signature of the Assistant Director Lynda L. Brothers of the DEPARTMENT. STATE OF WASHINGTON DE TMENT OF ECOLOG ASSISTANT DIRECTOR GRANTEE AUT~0RIZED 05ICI~ FREDERICK~W. HARRIS PRINT NAME OF GRANTEE'S AUTHORIZED OFFICIAL DEPUTY MAYOR TITLE OF GRANTEE'S AUTHORIZED OFFICIAL Approved as to form this day of ~F~ 19~ ASSFT~T >TTO~Y_ GE~. State Application Identifier: 393540402 -9- APPENDIX A PROJECT DESCRIPTION GRANTEE: City of Winslow PROJECT NO.: 393540402 PROJECT TITLE: Winslow Sludge Truck Project COMPLETION DATE: June 30, 1986 NARRATIVE DESCRIPTION This project consists of the purchase of a sludge pump truck, and modifica- tion to the sewage treatment plant (STP) to allow direct loading of the sludge [tuck. All bid documents shall conform with the Washington Depart- ment of Ecology (WDOE) requirements for construction plans and specifica- tions and estimates dated January 28, 1974. All bids must be reviewed and approved by WDOE before award. Plans and specifications must be approved by WDOE prior to beginning construction. This grant for the STP improve- ments offer is valid until November 15, 1985. After November 15, 1985, this grant offer is null and void. ESTIMATED ESTIMATED MAJOR ESTIMATED REQUEST FROM DATE OF MAJOR ELEMENT PROJECT COST REF. 39 GRANT COMPLETION Sludge truck, pump and nozzle system Sewage treatment plant modifications for loading the truck with sludge Contingency at 10% $ 75,000 $ 37,500 5,000 2,500 8,000 4,000 December 31, 1985 December 31, 1985 TOTALS 88,000 $ 44,000 Appendix B GUIDELINE: SUBMISSION OF A19-1 VOUCHER A-19 VOUCHER SUPPORT FORM, AND PROGRESS REPORTS A. Certification To assure expenditures are proper, vouchers requesting payment must be certified by the GRANTEE. Form A19-1 has a certification provi- sion which must be signed by the GRANTEE or his authorized represen- tative before payment will be allowed. Credits The applicable portion of any income, rebate, allowance, and other credit relating to any allowable cost received by or accruing to the GRANTEE, must be credited to the DEPARTMENT, either as a cost reduc- tion, or by cash refund, as appropriate. C. Unforeseen/Emergency Expenditures A contingency line item providing a specified amount for reimburse- ments for unforeseen expenditures may be made only with the written approval of the DEPARTMENT. D. Allowable Expenditures No request for payment will be honored for those expenditures incurred before the effective date of the grant, or after termina- tion of such grant, unless otherwiseagFeed upon in writing (see grant provision, Section M., "EFFECTIVE DATE AND PERFORMANCE"). E. Grant Provisions Controlling Where any discrepancies between the specific provisions of the grant and the applicable cost principles arise, the grant provisions shall apply. F. Deviation From Project Elements Where the GRANTEE submits a request for payment deviating from any of the project elements in the grant project by more than 10 percent of the total grant and prior written approval of the DEPARTMENT has not been obtained, such request for payment will be disallowed. G. Phone Number The GRANTEE shall include his business phone number along with the documents requesting payment so that expeditious processing of such documents may proceed without delay should any question involving the request for payment arise. H. Allowable Costs Allowable costs are based upon the DEPARTHENT's current "Financial Guidelines for Grants Management," Chapter 3, and the DEPARTNENT'S current "Referendum 39 Solid Waste Grant Program" guidelines, Chap- ter 03. Where there is any conflict between these two guidelines, the Referendum 39 guidelines shall control. Only those costs agreed upon in Appendix A, and any amendments thereto, will be allowed in the absence of prior written approval by the DEPARTMENT. Where any questions involving allowability of costs DEPARTMENT's Contract Officer should be consulted; certain costs may be disallowed. I. Instructions - Form A19-1 Voucher arise, the otherwise, 1. GRANTEE may submit no more than one complete voucher per month. 2. GRANTEE must fill in "AGENCY NAME" as follows: Department of Ecology Washington Future Olympia, Washington 98504 3. GRANTEE must fill in his name and address, i.e.: Doe County P.O. Box 1 Wherever, Washington 98999 GRANTEE must fill in the date of this claim and the number of --__the voucher submitted since the start of the project, i.e., second voucher, tenth voucher, etc. GRANTEE must type in the grant number in the blank space above "VENDOR'S CERTIFICATE." GRANTEE agent must sign the voucher, state his title, and type in his phone number just below his signature. GRANTEE shall complete the voucher using the summary format found on page B-4, herein. Do not use the column entitled "FOR AGENCY USE," and do not write in the area below the double line near the bottom of the page. Remove the carbon paper and retain yellow copy for GPu~TEE records. 10. Mail the voucher to: Solid Waste Management Department of Ecology Olympia, Washington 98504 B-2 J. Instructions for A19-1 Voucher Support Form and Example Form 1. Enter nine (9) digit number from grant. 2. Enter name of county, city or other entity with whom the grant was made. 3. Enter total granted amount. 4. Enter project element for which cost is being claimed as per Appendix A of the grant. Also enter the quantity used. 5- Enter voucher number from official county document by which vendor was paid. 6. Enter date of vendor's invoice to the county, city or other. 7. Enter total amount paid vendor. Where only a part of the total paid is grant eligible show only the eligible total and indicate by an asterisk (*). 8. Enter the full business name of vendor. 9. Enter brief description of item. 10. Enter number of warrant which paid vendor claim. 11. Enter date warrant was paid. If the GRANTEE can provide a system which is acceptable to the DEPARTMENT which furnishes the above information in a format similar to the one shown herein on page B-5, such system may be used as a substitute for the A19-1 voucher support form. K. Progress Reports These reports shall be submitted with every request for payment. Directions for completion of each progress report are set forth on page B-6 herein. B-3 REi~UId 39 Work Progress Report Format 4. 5. 6. 10. Name of GRANTEE. Mailing address of GRANTEE. State application identifier. Project title. Reporting period. Provide a brief description of what has been accomplished toward completion of the project since the last progress report (or since grant signing, if no status report has previously been submitted). Have there been any changes or anticipated changes in the project schedule since the last progress report or grant signing? Explain any revisions in starting or completion dates for project elements. Have there been any changes or anticipated changes in the project scope since the last progress report or grant signing? If so, please explain. Are project element costs and total eligible project costs within budget estimates? Identify and explain any deviations. Is there a change in cash needs by quarters through the project life? If so, please explain. .___ ~ 11. Name and title of person signing report. Phone number. Date. B-4