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HomeMy WebLinkAboutContract1 Version 5/20/2020 IAA No. C2200051 INTERAGENCY AGREEMENT (IAA) BETWEEN THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY AND CITY OF RENTON THIS INTERAGENCY AGREEMENT (“Agreement” or “IAA”) is made and entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as “ECOLOGY,” and the City of Renton, hereinafter referred to as the “CONTRACTOR,” pursuant to the authority granted by Chapter 39.34 RCW. THE PURPOSE OF THIS AGREEMENT is for the CONTRACTOR to provide Pollution Prevention Assistance (PPA) Specialists who will provide technical assistance and education outreach to small businesses in an effort to prevent pollution of waters of the state as part of the Pollution Prevention Assistance Partnership formerly known as the Local Source Control (LSC) Partnership). WHEREAS,ECOLOGY has legal authority (RCW 70A.214 and RCW 70A.300) and the CONTRACTOR has legal authority (RCW 70A.214, RCW 70A.300, Renton Municipal Code 4-6- 030) that allows each party to undertake the actions in this agreement. THEREFORE, IT IS MUTUALLY AGREED THAT: 1) SCOPE OF WORK The CONTRACTOR shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Appendix A, Statement of Work, and Appendix B,Budget Detail, attached hereto and incorporated herein. 2) PERIOD OF PERFORMANCE The period of performance of this IAA will commence on July 1, 2021, and be completed by June 30, 2023, unless the Agreement is terminated sooner as provided herein. Amendments extending the period of performance, if any, shall be at the sole discretion of ECOLOGY. CAG-21-265 State of Washington, Department of Ecology IAA No. C2200051 City of Renton 2 Version 5/20/2020 3) COMPENSATION Compensation for the work provided in accordance with this IAA has been established under the terms of RCW 39.34.130 and RCW 39.26.180(3). This is a performance-based agreement, under which payment is based on the successful completion of expected deliverables and compliance with all terms and conditions. Compensation for this agreement will be released in two 1-year phases. Phase One is limited to 50 percent of the project budget and Phase Two can be up to the remaining percentage of the project budget. On or before August 15, 2022, ECOLOGY will evaluate available funding and the CONTRACTOR’s performance and progress towards meeting contract deliverables and spending. To release the second year funding the CONTRACTOR, by June 30, 2022, must: 1. Complete a minimum of 40% of the total site visit deliverables, and 2. Utilize 40% of the total compensation award. If performance obligations have been met and funding is available per ECOLOGY’s determination, the full year 2 budget award will be considered available. Should the CONTRACTOR fail to make satisfactory progress or funding is limited, ECOLOGY will determine the appropriate additional funding to release for year 2 of the contract. ECOLOGY will consider various factors in determining year 2 funding including, but not limited to, available funding, performance to date, staff vacancies, time and costs spent on unique program elements, and potential circumstances beyond the CONTRACTOR’s control. The source of funds for this IAA is Model Toxics Control Operating Account (23P), Model Toxics Control Capital Account (23N). Both parties agree to comply with all applicable rules and regulations associated with these funds. The parties have determined that the cost of accomplishing the work identified herein will not exceed one hundred seventy-five thousand dollars and zero cents ($175,000.00), including any indirect charges. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree via an amendment to a higher amount. Compensation for services shall be based on the terms and tasks set forth in Appendix A, Statement of Work. ECOLOGY will not make payment until it has reviewed and accepted the work. Travel expenses (meals, lodging, and mileage) will be reimbursed according to current state rates at the time of travel, not to exceed the budget (see Appendix B, Budget Detail). Purchase of source control tools or equipment (e.g. spill kits, plastic drum covers) and promotional items for distribution to businesses under this contract must be listed in Goods and Services budget or Equipment budget in Appendix B. Any purchases of equipment or goods and services over $1,000.00 not specifically listed in Appendix B must be pre-approved by ECOLOGY. When the agreement expires, or when the equipment is no longer needed for the originally authorized purpose (whichever comes first) the disposition of equipment shall be at ECOLOGY’s sole discretion. Indirect rates will be paid as indicated in Appendix B, Budget Detail. Changes to the indirect rate may be considered by ECOLOGY. CONTRACTOR shall provide supporting documentation necessitating the change to ECOLOGY. ECOLOGY’s approval will be communicated by e-mail. An increase in indirect rate does not increase the total contract award. Changes are handled by adjusting the budget between categories listed in Appendix B. Changes to the total budget cost of the contract shall require an amendment. The budget referenced in Appendix B may be adjusted between categories (with the exception of the voucher program budget category), with ECOLOGY’s preapproval, and as long as the total budget is not exceeded. State of Washington, Department of Ecology IAA No. C2200051 City of Renton 3 Version 5/20/2020 ECOLOGY may, at its sole discretion, withhold payments claimed by the CONTRACTOR for services rendered, if the CONTRACTOR fails to satisfactorily comply with any term or condition of this Agreement. 4) BILLING AND PAYMENT PROCEDURE Payment requests shall be submitted on state form, Invoice Voucher A19-1A. Invoice voucher shall reference the Agreement (IAA) number and clearly identify those items that relate to performance under this Agreement. Invoices shall describe and document to ECOLOGY’s satisfaction a description of the work performed, the progress of the work, and related costs. Each invoice shall bill for actual hours worked during the quarter. The actual hours billed may be higher (as long as the total budget compensation award is not exceeded) or lower than the FTE estimate in Appendix A, Statement of Work. Attach supporting documentation to the invoice. See Appendix A, sections IV, V, and X for additional information (and section XI, Voucher Program if applicable). Send invoices to: State of Washington Department of Ecology Hazardous Waste & Toxics Reduction Program Attn: Elaine Snouwaert 4601 N. Monroe Street Spokane, WA 99205 Or Electronically submit invoices to Elaine Snouwaert at Elaine.Snouwaert@ecy.wa.gov Payment requests will be submitted on a quarterly basis. Invoices must be submitted by the dates outlined in Appendix A, section X. Upon expiration of this Agreement, any claim for payment not already made shall be submitted to ECOLOGY within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. Payment will be made within thirty (30) days of submission of a properly completed invoice (form A19- 1A) with supportive documentation. All expenses invoiced shall be supported with copies of invoices paid. Payment will be issued through Washington State’s Office of Financial Management’s Statewide Payee Desk. To receive payment, CONTRACTOR must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide- vendorpayee-services. For questions about the vendor registration process, contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. 5) ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 6) ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. State of Washington, Department of Ecology IAA No. C2200051 City of Renton 4 Version 5/20/2020 7) ASSURANCES Parties to this Agreement agree that all activity pursuant to this agreement will be in accordance with all the applicable current federal, state, and local laws, rules, and regulations. 8) CONFORMANCE 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) DISPUTES Parties to this Agreement shall employ every effort to resolve a dispute themselves without resorting to litigation. In the event that a dispute arises under this Agreement that cannot be resolved among the parties, it shall be determined by a Dispute Board in the following manner. Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms, and applicable statutes and rules, and then make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto, unless restricted by law. The cost of resolution will be borne by each party paying its own cost. As an alternative to this process, if state agencies, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. The parties may mutually agree to a different dispute resolution process. 10) FUNDING AVAILABILITY 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 completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, for convenience or to renegotiate the Agreement subject to new funding limitations and 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 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 CONTRACTOR through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the CONTRACTOR. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments. 11) GOVERNING LAW AND VENUE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be the Superior Court for Thurston County. 12) INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. State of Washington, Department of Ecology IAA No. C2200051 City of Renton 5 Version 5/20/2020 13) ORDER OF PRECEDENCE In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable federal and state of Washington statutes, regulations, and rules. b. Mutually agreed upon written amendments to this Agreement. c. This Agreement, number C2200051. d. Appendix A, Statement of Work. e. Appendix B, Budget Detail. f. Appendix C, Special Terms and Conditions. g. Any other provisions or term of this Agreement, including materials incorporated by reference or otherwise incorporated. 14) RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These materials shall be subject to inspection, review, or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other materials relevant to this Agreement must be retained for six years after expiration of this Agreement. The Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Each party will utilize reasonable security procedures and protections for all materials related to this Agreement. All materials are subject to state public disclosure laws. 15) RESPONSIBILITIES OF THE PARTIES Each party of this Agreement hereby assumes responsibility for claims and/or damages to persons and/or property resulting from any act or omissions on the part of itself, its employees, its officers, and its agents. Neither party will be considered the agent of the other party to this Agreement. 16) RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "work made for hire" as defined by the United States Copyright Act, Title 17 U.S.C. section 101 and shall be owned by state of Washington, ECOLOGY. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, and register these items, and the ability to transfer these rights. 17) 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, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 18) SUBCONTRACTORS CONTRACTOR agrees to take complete responsibility for all actions of any Subcontractor used under this Agreement for the performance. When federal funding is involved there will be additional contractor and subcontractor requirements and reporting. State of Washington, Department of Ecology IAA No. C2200051 City of Renton 6 Version 5/20/2020 Prior to performance, all subcontractors who will be performing services under this Agreement must be identified, including their name, the nature of services to be performed, address, telephone, WA State Department of Revenue Registration Tax number (UBI), federal tax identification number (TIN), and anticipated dollar value of each subcontract. Provide such information to ECOLOGY’s Agreement manager. 19) SUSPENSION FOR CONVENIENCE ECOLOGY may suspend this Agreement or any portion thereof for a temporary period by providing written notice to the CONTRACTOR a minimum of seven (7) calendar days before the suspension date. CONTRACTOR shall resume performance on the first business day following the suspension period unless another day is specified in writing by ECOLOGY prior to the expiration of the suspension period. 20) TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within fifteen (15) business days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 21) TERMINATION FOR CONVENIENCE Either party may terminate this Agreement without cause upon thirty (30) calendar day prior written notification to the other party. 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. 22) WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a written amendment to this Agreement signed by an authorized representative of the parties. 23) AGREEMENT MANAGEMENT The representative for each of the parties shall be responsible for and shall be the contact person for all communications, notifications, and billings questions regarding the performance of this Agreement. The parties agree that if there is a change in representatives, they will promptly notify the other party in writing of such change, such changes do not need an amendment. The ECOLOGY Representative is: The CONTRACTOR Representative is: Name: Elaine Snouwaert Address: 4601 N. Monroe Street Spokane, WA 99205 Phone: (509) 329-3503 office 509) 385-5169 cell Email: Elaine.Snouwaert@ecy.wa.gov Name: Kristina Lowthian Address: 1055 S Grady Way Renton, WA 98057 Phone: (425) 430-7249 Email: klowthian@rentonwa.gov Fax: (425) 430-7241 State of Washington, Department of Ecology IAA No. C2200051 City of Renton 7 Version 5/20/2020 24) ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. IN WITNESS WHEREOF, the parties below, having read this Agreement in its entirety, including all attachments, do agree in each and every particular as indicated by their signatures below. State of Washington Department of Ecology By: City of Renton By: Signature Date Mayor Armondo Paovne Darin Rice Date Hazardous Waste and Toxics Reduction Program Manager Jason A. Seth, City Clerk ATTEST: 11-15-2021 State of Washington, Department of Ecology IAA No. C2200051 City of Renton 8 Version 5/20/2020 APPENDIX A STATEMENT OF WORK City of Renton Section I. Introduction This Statement of Work is for the 2021-2023 biennial Interagency Agreement (IAA) for the Pollution Prevention Assistance (PPA) Partnership, which is overseen by the Washington State Department of Ecology (ECOLOGY), Hazardous Waste and Toxics Reduction Program. The mission of the Pollution Prevention Assistance Partnership is: We protect Washington’s residents and environment by helping small businesses reduce toxic chemical use, safely manage dangerous waste, and keep stormwater free of pollutants.” The CONTRACTOR, through their Pollution Prevention Assistance (PPA) program, will conduct multimedia source control site visits and pollution prevention activities to businesses that are small quantity generators (SQGs) of dangerous waste. In this context an SQG is any business, non-profit, facility, school, or other organization that generates less than 220 pounds of dangerous waste per calendar month and less than 2.2 pounds of extremely hazardous waste per calendar year. The site visits, along with other pollution prevention activities conducted by the CONTRACTOR, will be designed to reduce or eliminate dangerous waste and other pollutants at the source through best management practices that prevent spills and discharges to ground, air, and water (especially to industrial wastewater and stormwater). To further facilitate the reduction or elimination of toxic chemical use at the source, the CONTRACTOR will seek and discuss opportunities to assist businesses with switching processes, products, or equipment to use effective safer-alternatives. This program will be known as the “Product Replacement Program” or PRP. The PPA work is expected to fall within these general proportions: Technical Assistance (TA) visits (approximately 10-15% of TA visits will involve PRP) see Section III) 65% Unique Program Elements see Section II) 25% Training see Section VIII) 5% Other (admin, staff meetings, etc.) 5% State of Washington, Department of Ecology IAA No. C2200051 City of Renton 9 Version 5/20/2020 The CONTRACTOR is expected to: Interact with other partners within the PPA Partnership to provide technical assistance and training, and share resources and experiences. Set up alerts to receive notifications when requests for information have been made on the PPA Partnership SharePoint Discussion Board. Ensure at least one staff member is available to provide timely information and feedback to ECOLOGY’s PPA Coordinator and to attend mandatory meetings and trainings. Feedback on Partnership goals, direction, and projects will occasionally be requested via online surveys and email requests. Act in a professional and ethical manner, and shall avoid any conflict of interest that might influence the CONTRACTOR’s actions or judgment. Disclose immediately to ECOLOGY any interest, direct or indirect, that might be construed as prejudicial in any way to the professional judgment of the CONTRACTOR in rendering service under this Agreement. Key staff, estimated FTE, and their roles are identified in Table 1. Please note, this is an estimate of time dedicated to this contract over the full two years of the contract; quarterly invoicing must reflect actual hours worked even if hours are higher or lower than the FTE estimate. Table 1: Key Staff Staff Name Estimated FTE Role Kristina Lowthian 0.05 Contract Management ECOSS 1 PPA Specialist Kristina Lowthian 0.0 Billing ECOSS 0.0 (included above) Outreach/Support & Train Staff when hired. Section II. Unique Program Elements The CONTRACTOR will conduct the unique elements for their PPA program, outlined in Table 2. Table 2: Unique Program Elements Program Element Deliverable(s) All-Staff Planning Committee - Four separate committees (one for each training event) made up of PPA specialists and Ecology. Work with one or two other jurisdictions to plan 1 All-Staff Training Event (virtually or in-person) With other committee members determine a lead to schedule planning meetings, track tasks, and finalize the agenda. Arrange for meeting logistics (venue, food and beverage if in person) and speakers. Video Outreach Development Committee – PPA specialists will collaborate to develop videos for Participate on a committee to develop short videos or other electronic messaging to communicate messages about BMPs and advertise PPA services to businesses (in other languages as appropriate). State of Washington, Department of Ecology IAA No. C2200051 City of Renton 10 Version 5/20/2020 business sector audiences under the guidance of Ecology staff. Work with the other members of the committee and Ecology to draft and finalize a work plan. This work plan should describe the roles and responsibilities of participants and outline the tasks to be completed. Participate in at least 90% of the workgroup meetings. If you are unable to attend the meeting, give the RCW lead as much notice as possible, and follow up with any assignments or document review as soon as possible. Review all materials. Section III. Technical Assistance Visits The CONTRACTOR will conduct technical assistance site visits to small quantity generators of dangerous wastes, and to businesses or organizations that have the potential to pollute stormwater. Approximately 60% of the visits will be Initial Visits. If Initial Visits fall below 60%, combined Initial Visits and Follow-up Visits must account for at least 80% of the total visits. While necessary, efforts should be made to minimize Screening Visits. An Initial Visit occurs at the actual site and results in a completed ‘checklist’ (or enough data gathered to complete data entry into the LSC database). It will either be the first complete visit to a site OR the first visit in two or more years. A Screening Visit is an attempted visit to the site, but the business declined or put off the visit, OR you were interrupted during the visit and were unable to gather complete data, OR you discover that the facility does not exist anymore OR you discover that the business does not qualify for a visit under the PPA program (e.g. it is a medium or large quantity generator). A Follow-Up Visit should occur within 90 days of the Initial Visit. Follow-up should generally be done through an on-site visit. However, a phone conversation, mail or email exchange may count as a Follow-Up Visit if it includes confirmation that the issues that were identified in the initial visit were resolved. Follow-up Visits must be conducted to resolve High Priority Environmental Issues (See section below). Table 3: Number of Technical Assistance Visits Number of Total Visits 300 Target for Initial Visits 175 Target for Follow-up Visits 100 Business sectors, organizations, waste streams, and/or geographical area that will provide a focus for the 2021-2023 technical assistance visits are listed in Table 4. Table 4: Technical Assistance Targets Target Rationale for selecting Automotive, Light Industrial, Dry Cleaning, Distribution Centers Focus on those business sectors with a high risk of creating stormwater pollution or having/accumulating hazardous wastes. Awareness of liability if businesses have a spill. State of Washington, Department of Ecology IAA No. C2200051 City of Renton 11 Version 5/20/2020 Food Service, Grocery Stores, Mini-marts, and Retail Common sources of pollution such cars and trucks, loading/unloading, and cleaning products will be addressed here. Awareness of liability if businesses have a spill. Property Management and Services Common sources of pollution including shared areas, dumpsters/compactors, cleaning, and loading/unloading will be addressed here. Awareness of liability if businesses have a spill. ECOLOGY may direct a portion of technical assistance visits toward specific priority sources or contaminants. High Priority Environmental Issues The below list is ECOLOGY’s high priority environmental issues because they have the potential to directly impact human health and/or the environment. If one or more of these issues are found during a site visit, a Follow-up visit is justified but not necessarily required. The severity of the issue will help determine if a Follow-up visit is necessary. A Follow-up visit to a business for other (non-high priority) issues is at the discretion of the CONTRACTOR. When unable to resolve high priority environmental issues, the Pollution Prevention Specialist will refer the issue to ECOLOGY or other appropriate agency. Serious concerns about impacts to human health and/or the environment warrant a consultation with ECOLOGY or other regulatory agencies to determine whether or not the issue needs to be referred. Hazardous waste being improperly designated Hazardous waste being improperly disposed Hazardous products/wastes being improperly stored Compromised dangerous waste containers need to be repaired or replaced Illegal plumbing connection Illicit discharge of wastewater to storm drain Improperly stored containerized materials Improperly stored non-containerized materials Leaks and spills in dangerous waste storage areas Visit Guidance The following guidance applies to technical assistance visits, unless otherwise discussed with ECOLOGY: 1. Prior to the visit: Coordinate with other entities that may be conducting business visits in the area to reduce potential “inspection fatigue.” Check with ECOLOGY Urban Waters staff (where applicable) to ensure that the business is not currently being visited by Urban Waters staff. Research site and issues prior to the visit using a combination of data sources such as LSC Database for previous visits or visits to similar businesses, industry resources, news articles, etc. To the extent possible, verify the site is not a medium or large quantity generator. State of Washington, Department of Ecology IAA No. C2200051 City of Renton 12 Version 5/20/2020 Check to see if a sector specific Checklist or Tip Sheet is available on the PPA Partnership SharePoint site to help guide the visit. 2. During the visit: Provide technical assistance on proper management of dangerous waste, prevention of stormwater pollution, spill prevention, and reduction of hazardous substance use (when applicable). Ensure, at a minimum, all items on the basic Checklist are reviewed. If while at the site, it becomes apparent the business is a medium or large quantity generator, either complete the visit and count it as a screening visit, OR formally refer the dangerous waste portion to ECOLOGY to count it as a full initial visit. This site should not be scheduled for future visits, unless it is likely their generator status has changed to qualify as an SQG. If appropriate, encourage businesses to participate in local green business programs, such as the EnviroStars business certification program. If a Product Replacement Program (PRP) opportunity exists for the business, discuss the opportunity, terms and conditions, and steps to qualify as outlined in Section V. Discuss spill response preparedness and offer spill kit for developing a plan. Funds can be used to purchase spill kits to provide to businesses. Occasionally ECOLOGY will provide spill kits through a bulk order, if funding is available. If possible, photograph observed issues for before and after success stories. Activities that may be beneficial during the visit include, but are not limited to, walking the site (interior and exterior), checking storm drains, checking for illicit connections, checking dumpster and waste storage, providing handouts, and ensuring necessary permits are in place. 3. At the end of the visit or after the visit: Provide written follow-up to document the results of the visit. This can be done by leaving a copy of the ‘Checklist’ or other documentation with the business at the end of the visit, by using a commitment postcard (format available in Branding Documents on PPA Partnership SharePoint), by sending a follow-up letter/email, or alternatively by sending a ‘thank you’ postcard if no issues were identified. If necessary, coordinate with other agencies (e.g. the fire marshal, code enforcement, stormwater, wastewater treatment, and/or moderate risk waste staff) to ensure that the information you are providing is consistent with the other agency’s regulations and/or best management practices. The PPA Specialists will make referrals to ECOLOGY as needed and report results. Section IV. Partnership Branding and Outreach When unique outreach or educational materials are developed by the CONTRACTOR using PPA Partnership funds, a draft must be sent to ECOLOGY for review and approval. To the extent feasible, the CONTRACTOR must utilize the Partnership’s branding tools and templates available to produce these materials. The intent of this requirement is to facilitate a unified image and consistent messaging across the Partnership. The Partnership logo and other branding resources are available on the PPA Partnership SharePoint site. State of Washington, Department of Ecology IAA No. C2200051 City of Renton 13 Version 5/20/2020 It may be appropriate to include funding acknowledgement on some outreach materials. The CONTRACTOR will consult with ECOLOGY’s PPA Partnership Coordinator to determine whether funding acknowledgement is required. Finalized materials which may be useful to other Partnership contractors should be provided for upload to the resource Document Library on the PPA Partnership SharePoint Site. Each CONTRACTOR must maintain a PPA webpage which meets the minimum requirements developed by the 2020 Resource Consistency Workgroup. See PPA Partnership SharePoint Site for requirements. The incorporation of the minimum webpage requirements should be completed by June 30, 2022 unless otherwise approved by ECOLOGY. Section V. Product Replacement Program (PRP) The Product Replacement Program is designed to eliminate Persistent Bioaccumulative Toxic (PBT) chemicals from use in commerce. The PRP removes and replaces PBT chemicals present in products, processes, or technologies to help prevent toxics from entering the environment. One of the best and most effective ways to prevent further environmental contamination, protect water quality, and reduce human health risk is to eliminate these toxic chemicals at the source. The PRP assists businesses with switching to safer alternatives. PPA contractors are integral to the PRP. The CONTRACTOR will seek and discuss opportunities to assist businesses with switching processes, products, or equipment to use effective safer-alternatives. For technical assistance visits, where PRP is discussed, CONTRACTOR will record in the LSC Database the type of product or equipment replacement opportunity the business is interested in and other required information. The CONTRACTOR will assist ECOLOGY with the following programs: 1. Replacement of dry cleaning technology that uses perchloroethylene by visiting dry cleaners, discussing the program, assisting with required paperwork, and completing the final visit after new machine installation. Guidelines for this program are outlined in separate documents and posted on the PPA Partnership SharePoint. 2. Promoting awareness of the national mercury thermostat takeback program at appropriate businesses. Additional takeback and replacement programs ECOLOGY is exploring for addition to the PRP include, but are not limited to: 1. PFAS-containing firefighting foam takeback program. Currently ECOLOGY is working directly with fire departments, but this program may be expanded to businesses with PFAS-containing fire suppression systems. 2. Flame retardants in foam and equipment at gymnasiums, play centers, and recreation facilities. 3. Degreasers and solvents in parts washing systems in multiple business sectors. 4. PCB-containing light ballasts in schools. 5. Additional chemicals and products may also be added to this list. State of Washington, Department of Ecology IAA No. C2200051 City of Renton 14 Version 5/20/2020 ECOLOGY, in collaboration with the PPA Partnership, will develop procedures and criteria, which must be met for a business to receive reimbursement for any of the above chemicals or products. PRP payments for reimbursement to the business will come directly from ECOLOGY and are not included within the CONTRACTOR’s funding compensation associated with this contract. The PRP reimbursement payment will be made through direct disbursement from ECOLOGY to the business implementing the product or equipment replacement. In order to facilitate these payments, the CONTRACTOR must assist ECOLOGY in maintaining records indicating how the business qualified for the PRP reimbursement per the PRP program’s eligibility criteria. Eligibility criteria will be developed by ECOLOGY and the Product Replacement Program Committee for each type of reimbursement offered. The CONTRACTOR will provide technical assistance to the business to help ensure the business qualifies for a PRP reimbursement payment from ECOLOGY by completing the following steps, unless otherwise specified in guidelines developed specific to an individual reimbursement. Specific requirements for individual reimbursement programs will be maintained on the PPA Partnerweb SharePoint site. 1. CONTRACTOR conducts technical assistance visit and provides business with recommendations to reduce or eliminate a qualifying chemical or product. These recommendations must be recorded in the LSC Database. 2. CONTRACTOR must communicate to the business that it may take up to 4 months to receive payment from ECOLOGY after purchase and that the business must respond to inquiries from ECOLOGY or the Office of Financial Management (OFM) in a timely manner to avoid delays in payment. 3. CONTRACTOR assists business as needed with paperwork required to apply for reimbursement, including a state payee registration form. 4. Business purchases approved product or equipment and converts fully to utilization of new product or equipment in accordance with the eligibility criteria for the PRP reimbursement. 5. Business submits receipts for the product or equipment purchase and installation to ECOLOGY’s PRP Coordinator. This submittal may be facilitated through the CONTRACTOR’s representative for some PRP projects. 6. CONTRACTOR may be requested by ECOLOGY to verify through a site visit and review of records that product or equipment has been installed per PPA Specialist or ECOLOGY recommendations, old product or equipment has been legally disposed of or decommissioned, and all other eligibility criteria have been met. For information about an optional voucher program that the CONTRACTOR can provide directly to a business, see Section XI. State of Washington, Department of Ecology IAA No. C2200051 City of Renton 15 Version 5/20/2020 Section VI. Timeline Table 5: Timeline Time Period Goal for number of Site Visits Unique Program Element activities Technical Assistance Target activities July 1, 2021 – December 31, 2021 0 Video Outreach Development Committee N/A January 1, 2022 – June 30, 2022 75 Video Outreach Development Committee Automotive, Light Industrial, Dry Cleaning, Distribution Centers July 1, 2022 – December 31, 2022 75 Video Outreach Development Committee All-Staff Planning Committee Food Service, Grocery Stores, Mini-marts, and Retail January 1, 2023 – June 30, 2023 150 None All business sectors Section VII. Local Source Control (LSC) Database Information gathered during technical assistance visits by the CONTRACTOR must include all of the elements that are listed in the most up-to-date PPA Checklist (check PPA Partnership SharePoint site for details) and be entered into ECOLOGY’s LSC database. The following guidance applies to all technical assistance visits, unless otherwise discussed with ECOLOGY: Collect enough information to complete all of the applicable fields in ECOLOGY’s LSC database and enter it into the database within 15 work days of the visit. If you make a referral to a regulatory agency, enter the information about the referral into the database within 15 work days of the referral. Ensure that data entry is complete and accurate. At a minimum all elements on the most recent version of ECOLOGY’s PPA Checklist must be checked at each business visit. Specialists must attest that they have verified all elements. o Additional sector specific checklists are available on the ECOLOGY PPA Partnership SharePoint Site. o CONTRACTOR may substitute use of their own version(s) of the checklist(s) as long as it contains all elements on ECOLOGY’s most recent checklist (See PPA Partnership SharePoint for details), and has been reviewed and approved by ECOLOGY staff. Refer to the LSC database instructions posted in the database interface, or contact ECOLOGY PPA staff, for assistance with database entry. If using paper checklists or equivalent documentation, maintain originals in accordance with your local public disclosure laws. State of Washington, Department of Ecology IAA No. C2200051 City of Renton 16 Version 5/20/2020 Section VIII. Training ECOLOGY expects that the CONTRACTOR will provide basic training to the Pollution Prevention Assistance Specialists on topics relevant to their position. ECOLOGY will provide additional training to ensure that CONTRACTOR's staff are properly trained and supported to conduct PPA activities, and that experienced staff are exposed to new information, and have opportunities to share their expertise for the benefit of the PPA Partnership. The following types of training are provided. Table 6 below contains a tentative training schedule; ECOLOGY will communicate the final schedule to the CONTRACTOR. New PPA Specialist Mentoring and Training ECOLOGY staff and experienced PPA Specialists will provide a variety of training support to new PPA staff. ECOLOGY will provide new hires a “welcome email” within the first two weeks of work as a PPA Specialist. This email will provide instructions for accessing the PPA Partnership SharePoint, LSC Database, and guidance on resources and training. All Specialists are expected to create an “alert” for the PPA Partnership SharePoint Discussion Board to receive email alerts at least once per week when topics are posted. 1. New PPA Specialist Training & SharePoint Resources New PPA specialist training is provided in the form of self-paced online modules available through ECOLOGY’s PartnerWeb SharePoint site, and web-based discussion panels. The web-based discussion panels will be planned and conducted by ECOLOGY staff and include new specialists and experienced PPA specialists who can offer suggestions and feedback to new specialists. The discussion panels are scheduled for the second Thursday of every other month from 10:30 to 12:00. On occasion these meetings will need to be rescheduled to accommodate panelists or new specialists who cannot make the originally scheduled date. ECOLOGY staff will provide as much notice as possible when these panels are rescheduled. Schedule: 2. Field Mentoring & Training Review The CONTRACTOR will provide training to their new staff to ensure they can perform the work. In addition, ECOLOGY will assign two experienced PPA Specialists as mentors to provide field training and support to a new hire. If available, one mentor will be from the CONTRACTOR’s organization and the other mentor from another PPA contractor (partner) jurisdiction in as close proximity as possible. Mentors will be assigned within two weeks of notifying ECOLOGY of new staff hires. Field mentoring will involve a series of accompanied field visits designed by the mentor and ECOLOGY staff to support the needs of the new hire. When the mentor and new hire determine they Discussion Panel Schedule – July 2021 thru June 2023 2021 2022 2023 August 12, 2021 February 10, 2022 February 9, 2023 October 14, 2021 April 14, 2022 April 13, 2023 December 9, 2021 June 9, 2022 June 8, 2023 August 11, 2022 October 13, 2022 December 8, 2022 Attendance Requirement: All new specialists who have not yet attended six (6) discussion panels are required to attend. Panelists are required to attend all discussion panels. State of Washington, Department of Ecology IAA No. C2200051 City of Renton 17 Version 5/20/2020 are ready, an ECOLOGY staff will accompany the new hire on a few technical assistance visits, to ensure that they are providing accurate information on proper waste management, spill prevention, storm water pollution prevention, and toxics reduction opportunities. All-Staff Trainings for all PPA Specialists All-Staff Trainings will be planned and conducted by teams of PPA Specialists from two to three PPA contractors (partners). When appropriate these trainings will be held in-person to facilitate interaction and networking between PPA Specialists, ECOLOGY, and invited presenters. Depending on current situations related to the COVID-19 pandemic or other health and safety concurs, All Staff Trainings may be held virtually via an online platform. Training topics are intended to help new staff become more competent in their work, and experienced staff to gain greater technical depth on relevant topics. ECOLOGY staff will determine the teams, provide initial guidance, review agendas, and provide support for planning and logistics. Schedule: Typically, these trainings are held the second Wednesday in September and March or April. The trainings are usually scheduled between 8:30 a.m. and 3:30 p.m. with overnight travel allowed for jurisdictions if needed (see state travel rules). ECOLOGY must pre-approve overnight travel if it is being charged to the PPA budget. When training is held virtually online, the training will be scheduled across two half-days. If staff and resources become available, ECOLOGY will add an additional All Staff Training event. An additional training event would likely be held in June. Attendance Requirement: Unless prior approval has been given by ECOLOGY, it is mandatory for at least one PPA specialist per jurisdiction to attend the All Staff Trainings. This person is responsible for disseminating information back to the PPA specialists from that jurisdiction. Managers are welcome but not required to attend. Generally, training substitutions are not allowed for the All Staff Trainings, however, exceptions may apply. ECOLOGY staff must approve non- emergency absences or training substitutions at least two weeks prior to the training. Webinar Trainings ECOLOGY conducts Webinars during most of the months that do not have All Staff Trainings. These sessions are intended to expose PPA Specialists to new information or technical topics relevant to their work. Suggestions on topics and speakers are welcomed from PPA contractors partners). ECOLOGY will also ask PPA contractors to present on case studies. Schedule: These are one and a half hour sessions, held on the second Wednesday of the month. Occasionally these sessions will need to be scheduled at alternative times to accommodate speaker availability. Up to eight Webinars will be scheduled each year. Attendance Requirement: Each PPA Specialist must attend at least six of the eight Webinars each year. Another type of training that is relevant to PPA Specialists’ work may be substituted for up to two of the Webinars. Notification of the substitution must be provided to and pre-approved by ECOLOGY at least two weeks in advance of the Webinar. State of Washington, Department of Ecology IAA No. C2200051 City of Renton 18 Version 5/20/2020 Table 6: Tentative Training Schedule (subject to change) Date Type Date Type July, 2021 No training July, 2022 No training August 11, 2021 Webinar August 10, 2022 Webinar September 8-9, 2021 Webinar or All-Staff* September 14-15, 2022 Webinar or All-Staff* October 13-14, 2021 Webinar or All-Staff* October 12-13, 2022 Webinar or All-Staff* November 10, 2021 Webinar November 9, 2022 Webinar December 8, 2021 Webinar December 14, 2022 Webinar January 12, 2022 Webinar January 11, 2023 Webinar February 9, 2022 Webinar February 8, 2023 Webinar March 9-10, 2022 Webinar or All-Staff* March 8-9, 2023 Webinar or All-Staff* April 13-14, 2022 Webinar or All-Staff* April 12-13, 2023 Webinar or All-Staff* May 11, 2022 Webinar May 10, 2023 Webinar June 8, 2022 Webinar June 14, 2021 Webinar When possible an in-person All Staff Training will be held in conjunction with the NW Chapter Annual Conference. Section IX. Reporting and Contract Changes Quarterly Progress Reports A brief progress report shall be submitted quarterly with each invoice (see schedule in Section X, Table 7). This report should indicate the work completed during the quarter and billed on the invoice, including the type and number of visits conducted, progress on Unique Program Elements, and any other information regarding contract performance that should be brought to ECOLOGY’s attention. The Progress report must also include the number of visits where the PRP was presented and discussed. The Progress report should only include the status of the work conducted during the quarter and NOT include a roll-up of progress to-date since it services as backup documentation for the expenses included in the quarterly invoicing, see Section X. Annual Reports Annual reports are used to briefly summarize contract status to-date including: number of site visits performed, Unique Program Element activities conducted, Technical Assistance Target activities conducted, lessons learned, and budget status. Annual reports shall be provided to ECOLOGY by July 31, 2022 and July 31, 2023. The report shall include two to three ‘case studies’ of a business or organization that benefitted from a PPA site visit. Photographs of the business before and after the visit, showing the beneficial changes should be provided, if at all possible. The second year annual report should capture details for the full contract period as ECOLOGY will use these reports to create a biennial report on the Partnership. ECOLOGY will make report templates available on the PPA Partnership SharePoint. ECOLOGY will request, with advanced notice, that PPA CONTRACTORs provide presentations on their case studies at Webinars and All-Staff meetings. Contract Changes Any of the following changes shall be reported to the ECOLOGY PPA Partnership Coordinator within 10 business days: Key personnel changes (staff or manager leaving, new hires, etc.) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 19 Version 5/20/2020 Initiation of or changes to a subcontract (see Section 18 of the Interagency Agreement for specific information that is required regarding subcontractors) Section X. Invoicing Invoice (billing) procedures are outlined in the Interagency Agreement, (see Section 4). In addition, the following information is provided: See also Appendix A, Statement of Work, Section V. The Invoice Voucher (form A19-1A) must have a wet signature or scanned if submitted electronically. If submitting a scanned copy, the CONTRACTOR will retain original signed A- 19-1A in CONTRACTOR’s records per record retention requirements. Support documents may be submitted via email. Each invoice shall only bill for actual hours worked during the quarter which may be higher or lower than the FTE estimate in Section I, Table 1 of Appendix A, Statement of Work. Quarterly invoicing will follow the schedule in Table 7. Table 7: Invoicing Schedule Quarter Months Due Date 1 July, August, September 2021 November 10, 2021 2 October, November, December 2021 February 10, 2022 3 January, February, March 2022 May 10, 2022 4 April, May, June 2022 July 31, 2022 (earlier Due Date due to end of fiscal year requirements) 5 July, August, September 2022 November 10, 2022 6 October, November, December 2022 February 10, 2023 7 January, February, March 2023 May 10, 2023 8 April, May, June 2023 July 31, 2023 (earlier Due Date due to end of biennium requirements) State of Washington, Department of Ecology IAA No. C2200051 City of Renton 20 Version 5/20/2020 Section XII. Resources The following are resources to materials referenced in this contract. Links to and the resources listed are subject to change. PPA Partnership SharePoint: https://partnerweb.ecy.wa.gov/sites/HWTR/LSC2016/SitePages/Home.aspx LSC Database: http://ecyaphwtr/lsc/Home.aspx Invoice Voucher A19-1A: https://des.wa.gov/sites/default/files/public/documents/HRPayroll/SACS/A-19- 1AForm.doc?=5c82f Partnership Report Templates: https://partnerweb.ecy.wa.gov/sites/HWTR/LSC2016/Templates/Forms/AllItems.aspx Checklists & Tip Sheets: https://partnerweb.ecy.wa.gov/sites/HWTR/LSC2016/_layouts/15/start.aspx#/Checklist%20%20 Tip%20Sheets/Forms/AllItems.aspx New Specialist Training modules: https://partnerweb.ecy.wa.gov/sites/HWTR/LSC2016/_layouts/15/start.aspx#/New%20Specialist 20Training/Forms/AllItems.aspx Travel Per Diem Rates: https://www.ofm.wa.gov/sites/default/files/public/resources/travel/colormap.pdf State of Washington, Department of Ecology IAA No. C2200051 City of Renton 21 Version 5/20/2020 APPENDIX B BUDGET DETAIL See sections #3, Compensation, and #4, Billing and Payment Procedures, for additional instructions. Category Amount Salaries $4,000.00 Benefits $1,000.00 Subcontracts $170,000.00 Goods & Services (see Table A) $0.00 Equipment (see Table B) $0.00 Travel/Training $0.00 Voucher Program (Section XI) $0.00 Subtotal Direct Costs $175,000.00 Indirect Costs* Rate (%) n/a Indirect amount $0.00 Total Award $175,000 Table A. Goods & Services (items over $1000 must be listed here or approved by ECOLOGY prior to reimbursement) Estimated Cost Table B. Equipment (items over $1000 must be listed here or approved by ECOLOGY prior to reimbursement) Estimated Cost State of Washington, Department of Ecology IAA No. C2200051 City of Renton 22 Version 5/20/2020 APPENDIX C SPECIAL TERMS AND CONDITIONS 1) Certification Regarding Suspension, Debarment, Ineligibility or Voluntary Exclusion a) CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. b) CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. c) 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. d) 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. e) CONTRACTOR further agrees by signing this agreement, that it will include this clause titled CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. f) Pursuant to 2CFR180.330, the CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. g) 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. h) CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier CONTRACTORS or subcontractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. CONTRACTOR must run a search in http://www.sam.gov and print a copy of completed searches to document proof of compliance.