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HomeMy WebLinkAboutContractAGREEMENT FOR POLLUTION PREVENTION ASSISTANCE THIS AGREEMENT, dated for reference purposes only as November 8, 2021, is by and between the City of Renton (the “City”), a Washington municipal corporation, and ECOSS (“Consultant”), a nonprofit organization. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide Pollution Prevention Assistance through technical assistance and education outreach to small businesses to prevent pollution of surface water as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Workconsisting of additions, deletions or modifications.Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in ExhibitBor as otherwise mutually agreed by the Parties. 3.Time of Performance:Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than June 30, 2023. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $170,000, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Workisperformed, the Consultant shall submit a voucher or invoice in aform specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for         CAG-21-273 PAGE 2 OF 10 such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten(10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the Cityafter partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards         PAGE 3 OF 10 and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City         PAGE 4 OF 10 during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence.         PAGE 5 OF 10 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, the Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single         PAGE 6 OF 10 limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable controloccur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Kristina Lowthian,Project Manager 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7249 E-mail Address klowthian@rentonwa.gov Fax: (425) 430-7241 CONSULTANT David Han,Project Manager 1011 SW Klickitat Way, Suite 101 Seattle, WA 98134 Phone: (206) 767-0432 dhan@ecoss.org         PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous:The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if         PAGE 8 OF 10 Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Kristina Lowthian. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the         PAGE 9 OF 10 other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing.         PAGE 10 OF 10 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Debora Merle Executive Director _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Contract Template Updated 5/21/2021           12-8-2021 Approved by Cheryl Beyer via 10/21/2021 email EXHIBIT A 2021-2023 Renton PPA Scope of Work Section I. Introduction This Scope of Work is for the 2021-2023 biennial Agreement between Renton and ECOSS 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.” ECOSS, 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 ECOSS, 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, ECOSS 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% ECOSS 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 ECOSS’s actions or judgment. • Disclose immediately to the City and ECOLOGY any interest, direct or indirect, that might be construed as prejudicial in any way to the professional judgment of ECOSS in rendering service under this Agreement. • Coordinate with the City to identify businesses of highest risk to convey polluted stormwater runoff through field evaluation and GIS maps • Disclose immediately to the City and ECOLOGY any interest, direct or indirect, that might be construed as prejudicial in any way to the professional judgment of ECOSS 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 Title Estimated FTE (should not exceed 1 FTE total) Role Cari Simson Director 0.05 Project oversight David Han Project Manager 0.5 Project manager; project oversight, project lead; in-language support; technical assistance; workgroup participation, and inspections Liza Associate 0.45 In-language support; technical assistance; workgroup participation, and inspections Section II. Unique Program Elements ECOSS 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 business sector audiences under the guidance of Ecology staff. 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). 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 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 ECOSS 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 Target for Screening Visits 25 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. Food Service, Grocery Stores, Mini-marts, and Retail Common sources of pollution such as 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. The City and ECOLOGY may direct a portion of technical assistance visits toward specific priority sources or contaminants. High Priority Environmental Issues The below list is the City and 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 ECOSS. 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 (e.g. Renton FOG inspector, Renton private stormwater facility inspector, Renton Regional Fire Authority inspector, King County Public Health inspector, etc.) 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. • 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). Provide information about activities that may generate pollutants and the source control requirements applicable to those activities. Source control BMPs are provided in the currently adopted Pollution Prevention Manual. • 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 ECOSS using PPA Partnership funds, a draft must be sent to ECOLOGY for review and approval. To the extent feasible, ECOSS 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. It may be appropriate to include funding acknowledgement on some outreach materials. ECOSS 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. ECOSS 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 the City and 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. ECOSS 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, ECOSS will record in the LSC Database the type of product or equipment replacement opportunity the business is interested in and other required information. ECOSS will assist the City and 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 the City and ECOLOGY are 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. The City and 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 ECOSS’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, ECOSS 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. ECOSS 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. ECOSS 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. ECOSS 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. ECOSS 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 ECOSS’s representative for some PRP projects. 6. ECOSS 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. 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 ECOSS 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. x Additional sector specific checklists are available on the ECOLOGY PPA Partnership SharePoint Site. x ECOSS 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. Section VIII. Training The City and ECOLOGY expects that ECOSS will provide basic training to the Pollution Prevention Assistance Specialists on topics relevant to their position. The City expects that ECOSS’s PPA Specialist will train the City’s source control staff once hired in summer 2022. ECOLOGY will provide additional training to ensure that ECOSS'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 ECOSS. 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: 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. 2. Field Mentoring & Training Review ECOSS will provide training to their new staff and City source control 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 ECOSS’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 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. 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 ECOSS shall submit the following information to the City to report to the Department of Ecology: company name, address and phone number, Washington State Department of Revenue Registration Tax number (UBI), and federal tax identification number (TIN). 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 the City for review by July 15, 2022 and July 15, 2023 and submitted to ECOLOGY by July 31, 2022 and July 31, 2023, respectively. 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.) x Initiation of or changes to a subcontract Section X. Invoicing Invoices shall describe and document to the City’s and 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 Table 1. Attach supporting documentation to the invoice. In addition, the following information must be provided: • Documentation per Section V, Product Replacement Program (PRP). • Information to complete an Invoice Voucher (form A19-1A). Quarterly invoicing will follow the schedule in Table 7. Table 7: Invoicing Schedule Quarter Months Due Date 1 July, August, September 2021 October 15, 2021 2 October, November, December 2021 January 15, 2022 3 January, February, March 2022 April 15, 2022 4 April, May, June 2022 July 10, 2022 (earlier due date to meet end of fiscal year requirements) 5 July, August, September 2022 October 15, 2022 6 October, November, December 2022 January 15, 2023 7 January, February, March 2023 April 15, 2023 8 April, May, June 2023 July 10, 2023 (earlier due date to meet end of fiscal year requirements) 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%20Tip%20Sheets/Forms/AllItems.aspx •New Specialist Training modules: https://partnerweb.ecy.wa.gov/sites/HWTR/LSC2016/_layouts/15/start.aspx#/New%20 Specialist%20Training/Forms/AllItems.aspx •Travel Per Diem Rates: https://www.ofm.wa.gov/sites/default/files/public/resources/travel/colormap.pdf Project Schedule Activity Timeline Agreement signed October 2021 Evaluate sites, targeted drainage basins October 2021 – May 2023 Conduct outreach, recruit business participation December 2021 – May 2023 Conduct 300 PPA Technical Assistance Visits January 2022 – May 2023 Provide spill response training and applicable materials January 2022 – May 2023 Track data in Ecology database January 2022 – June 2023 Provide onsite technical assistance, follow up January 2022 – June 2023 Monthly Check-In October 2021 – June 2023 Quarterly Check-In December 2021 – June 2023 Monthly invoices, reporting November 2021 – June 2023 SPECIAL TERMS AND CONDITIONS 1) Certification Regarding Suspension, Debarment, Ineligibility or Voluntary Exclusion a)ECOSS, 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 ECOSS is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot.         b) ECOSS shall provide immediate written notice to the City and ECOLOGY if at any time ECOSS 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) ECOSS 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) ECOSS 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, ECOSS is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. g) ECOSS 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) ECOSS 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. ECOSS must run a search in http://www.sam.gov and print a copy of completed searches to document proof of compliance.         EXHIBIT BEstimated BudgetCari Simson David Han Liza Total TotalPrograms DirectorProgram ManagerAssociateLabor Hours/CostCostTask 1 Project Management, Meetings, Trainings, Reporting - AdministrationAdministration Hours 4 50 10 64Administration Cost$503.20 $4,626.00 $832.00 $5,961.20$5,961.20Task 2 Business Technical AssistanceTechnical Assistance Visit Hours 0 640 640 1280Technical Assistance Visit Cost$0.00 $59,212.80 $53,248.00 $112,460.80$112,460.80Task 3 Unique Program Element - Video DevelopmentIn-Language Video Development Hours 0 248 248 496In-Language Video Development Cost$0.00 $22,944.96 $20,633.60 $43,578.56$43,578.56Task 4 Direct CostsSpill Kits, Mileage, Materials, etc. Cost$7,999.44Total Hours 4 938 898 1840Annualized Billing Rate $125.80$92.52 $83.20Total Labor Costs $503.20 $86,783.76 $74,713.60 $162,000.56$170,000.00Total ECOSS Budget$170,000.00