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.
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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
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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.
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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.
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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
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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