HomeMy WebLinkAbout03-21-2023 Council Meeting Agenda PacketIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
03/21/2023 Council Meeting Agenda Page 1 of 2
East Wenatchee City Council Meeting
Tuesday, March 21, 2023
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
This meeting will be in person or via zoom:
https://us02web.zoom.us/j/81547715231
Phone-in option: 253 215 8782
Meeting ID: 815 4771 5231
AGENDA
6:00 p.m. Regular Meeting
Call to Order, Roll Call and Pledge of Allegiance.
1.Consent Items:
a.Amendment to Washington State Office of Public Defense Grant Agreement 22010
Vouchers:
b.Date: 03-21-2023, Checks: 58340-58353 in the amount of $611,281.23
c.Payroll Certification for February 2023
Minutes:
d.03-07-2023 Council Meeting Minutes
Motion by City Council to approve agenda, vouchers, and minutes from previous
meetings.
2.Citizen Requests/Comments.
The Council is providing opportunities for public comment in person, remotely, or by submitting written comment. The Mayor will
ask if there are any citizens wishing to address the Council. When recognized, please step up to the microphone (or unmute your
screen), state your name and if you live within the East Wenatchee city limits. Citizen comments will be limited to three minutes.
3.Public Hearings.
The Mayor will call the Public Hearing to order and state the ground rules, the purpose of the hearing, and will state the manner in
which the hearing will proceed. Staff will first give a report, followed by public testimony. All speakers must speak into the
microphone and clearly state their name and address. All comments should be addressed to the City Council, should be relevant to
the topic, and should not be of a personal nature. Public testimony may be limited to three minutes, unless further time is granted
by the Mayor. If there are a large number of speakers, a representative may be appointed to speak on behalf of the group.
a.A Public Hearing to obtain comment on the City of East Wenatchee 2021 Consolidated
Annual Performance and Evaluation Report” (CAPER).
pg. 3
pg. 4
pg. 25
pg. 26
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
03/21/2023 Council Meeting Agenda Page 2 of 2
i.Resolution 2023-17, of the City of East Wenatchee, Washington, adopting
the City of East Wenatchee 2021 Consolidated Annual Performance and
Evaluation Report in accordance with the requirements of the U.S.
Department of Housing and Urban Development (HUD) regulations at 24 CFR
Part 91 and establishing an effective date. – Curtis Lillquist, Community
Development Director
Motion by the City Council to approve Resolution 2023 -17 adopting the City
of East Wenatchee 2021 Consolidated Annual Performance and Evaluation
Report and to authorize the Mayor to sign all required HUD certifications.
4.Presentations.
a.Wenatchee Valley Humane Society Annual Report
5.Action Items.
a.Resolution 2023-18, appointing members to the East Wenatchee Events Board –
Trina Elmes, Events Director/PIO.
Motion by the City Council to approve Resolution 2023-18, appointing members to
the City of East Wenatchee Events Board, as presented.
b.Resolution 2023-19, Interlocal Agreement with Douglas County PUD, and the City of
East Wenatchee for the 19th Street NW & NW Cascade Ave Improvements
Project #: 2019-02 – Garren Melton, Public Works Manager.
Motion by the City Council to approve 2023-19, authorizing the Mayor to execute
an Interlocal Agreement with Douglas County PUD for the 19th Street NW & NW
Cascade Ave Improvements Project #: 2019-02.
c.Resolution 2023-20, Grant Road Oil Treatment and Bioretention Fund Agreement
(WQC-2023-Ewena-00168).
Motion by the City Council to approve Resolution 2023-20, authorizing the Mayor
to execute a Combined Financial Assistance Agreement with the State of
Washington Department of Ecology to receive funds for the Grant Road Oil
Treatment and Bioretention Project #: 2022-05.
6.Mayor’s Report.
a.Classy Chassis Parade
b.Pinnacles Prep
c.Regional Sportsplex Update
7.Council Reports & Announcements.
a.Reports/New Business of Council Committees
8.Adjournment.
pg. 29
pg. 55
pg. 61
pg. 71
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CHECKS: 58340 - 58353
VOIDED CHECKS:
DEPARTMENT/FUND AMOUNT
General Fund 001 $6,116.52
Rainy Day Fund 002 $0.00
Street Fund 101 $23,488.37
Community Dev Grants Funds 102 $0.00
Affordable Housing Tax Fund 103 $0.00
Housing & Related Services Fund 104 $0.00
Transportation Benefit District Fund 105 $0.00
SWAT Fund 107 $110.00
Library Fund 112 $0.00
Hotel/Motel Tax Fund 113 $0.00
Drug Fund 114 $0.00
Criminal Justice Fund 116 $0.00
Events Board Fund 117 $52.01
Bond Redemption Fund 202 $0.00
Street Improvements Fund 301 $18,636.98
Capital Improvements Fund 314 $550,746.41
Stormwater Fund 401 $12,130.94
Equipment R&R Fund 501 $0.00
Cafeteria Plan 634 $0.00
Custodial Activities 635 $0.00
Grand Total All Funds $611,281.23
CITY OF EAST WENATCHEE
CHECK REGISTER
March 21st, 2023 Payables
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Fund Number Description Amount
001 General Fund $6,116.52
101 Street Fund $23,488.37
107 SWAT Fund $110.00
117 Events Board Fund $52.01
301 Street Improvements Fund $18,636.98
314 Capital Improvements Fund $550,746.41
401 Stormwater Fund $12,130.94
Count: 7 $611,281.23
Fund Transaction Summary
Transaction Type: Invoice
Fiscal: 2023 - March 2023 - March 2023 2nd Council
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East Wenatchee - Fund Transaction Summary
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Vendor Number Reference Account Number Description Amount
Airespring Inc
58340 2023 - March 2023 - March 2023 2nd Council
170075646
001-000-141-514-20-42-01 Telephone Line Charges $386.08
Telephone Charges Through 3/18/2023
Total 170075646 $386.08
Total 58340 $386.08
Total Airespring Inc $386.08
Apple Valley Pumping Service
58341 2023 - March 2023 - March 2023 2nd Council
CRO57573
107-000-000-521-10-30-00 Supplies & Equipment $110.00
Portable Toilet Rental Fee - SWAT Team
Total CRO57573 $110.00
Total 58341 $110.00
Total Apple Valley Pumping Service $110.00
ARC Architects, Inc.
58342 2023 - March 2023 - March 2023 2nd Council
33
314-000-000-594-18-60-00 Maintenance Facilities Construction $11,948.96
PW Building Architectural Services
Total 33 $11,948.96
Total 58342 $11,948.96
Total ARC Architects, Inc.$11,948.96
Department of Ecology
58343 2023 - March 2023 - March 2023 2nd Council
23-WAR046012B-1
401-000-002-531-00-40-04 Municipal Stormwater Permit Fee $2,689.61
SW Permit Fee
Total 23-WAR046012B-1 $2,689.61
Total 58343 $2,689.61
Total Department of Ecology $2,689.61
Voucher Directory
Fiscal: : 2023 - March 2023
Council Date: : 2023 - March 2023 - March 2023 2nd Council
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East Wenatchee - Voucher Directory
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Vendor Number Reference Account Number Description Amount
Douglas County Treasurer
58344 2023 - March 2023 - March 2023 2nd Council
471
401-000-001-531-00-40-01 Fee Collection - Douglas Co.$7,508.97
SW Annual Billing/Collection Fee
Total 471 $7,508.97
Armada SW Collections to Douglas Co.
401-000-001-582-30-00-00 Non-Fiduciary Remittance $90.00
Armada Collections
Total Armada SW Collections to Douglas Co.$90.00
Multiple Parcel #'s - GF
001-000-001-531-00-40-00 Annual SWU Charge $4,632.52
GF Annual SW & Irrigation Charges
Total Multiple Parcel #'s - GF $4,632.52
Multiple Parcel #'s - Street Fund
101-000-315-531-00-40-00 Annual SWU Charge $1,888.76
Annual SW & Irrigation Fees
Total Multiple Parcel #'s - Street Fund $1,888.76
Multiple Parcel #'s - SW Fund
401-000-008-531-00-40-06 Utilities $357.52
Annual Irrigation & SW Fees
Total Multiple Parcel #'s - SW Fund $357.52
Total 58344 $14,477.77
Total Douglas County Treasurer $14,477.77
Halme Builders Inc
58345 2023 - March 2023 - March 2023 2nd Council
815
314-000-000-594-18-60-00 Maintenance Facilities Construction $538,797.45
Public Works Building Construction Contract
Total 815 $538,797.45
Total 58345 $538,797.45
Total Halme Builders Inc $538,797.45
HD Fowler Co
58346 2023 - March 2023 - March 2023 2nd Council
I6330071
401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $1,201.96
SW Gaskets, Couplings & Culverts
Total I6330071 $1,201.96
I6331991
401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $126.22
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East Wenatchee - Voucher Directory
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Vendor Number Reference Account Number Description Amount
Supplies - 11th St. SW
Total I6331991 $126.22
Total 58346 $1,328.18
Total HD Fowler Co $1,328.18
Les Schwab Tire Center Inc
58347 2023 - March 2023 - March 2023 2nd Council
34301373895
401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $52.38
Tire Repair Sweeper Vehicle
Total 34301373895 $52.38
Total 58347 $52.38
Total Les Schwab Tire Center Inc $52.38
Poltz Fire Protection
58348 2023 - March 2023 - March 2023 2nd Council
126359
001-000-210-521-10-48-00 Repairs & Maintenance $468.29
Annual Fire Extinguisher Service
Total 126359 $468.29
Total 58348 $468.29
Total Poltz Fire Protection $468.29
Randy's Auto Parts & Towing
58349 2023 - March 2023 - March 2023 2nd Council
17245
001-000-210-521-10-41-00 Professional Services $194.94
Police Tow
Total 17245 $194.94
Total 58349 $194.94
Total Randy's Auto Parts & Towing $194.94
Rodda Paint Co.
58350 2023 - March 2023 - March 2023 2nd Council
67117834
101-000-420-542-64-30-00 Supplies - Traffic Control Devices $21,547.60
Paint & Beads
Total 67117834 $21,547.60
Total 58350 $21,547.60
Total Rodda Paint Co.$21,547.60
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East Wenatchee - Voucher Directory
03-21-2023 City Council Meeting Agenda Packet
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Vendor Number Reference Account Number Description Amount
Selland Construction, Inc
58351 2023 - March 2023 - March 2023 2nd Council
Pay Estimate No. 3
301-000-000-595-64-60-01 Construction - 9th/VMP Intersection $18,636.98
9th/VMP Construction
Total Pay Estimate No. 3 $18,636.98
Total 58351 $18,636.98
Total Selland Construction, Inc $18,636.98
Verizon Wireless
58352 2023 - March 2023 - March 2023 2nd Council
9929214342
001-000-111-513-10-40-03 Cell Phone $40.06
Crawford
001-000-140-514-20-42-01 Telephone $52.27
Leon
001-000-145-514-20-42-00 Cell Phone $62.01
Lasswell
101-000-430-543-50-42-01 Cell Phone $52.01
Toftness
117-000-100-557-30-42-00 Cell Phone $52.01
Elmes
401-000-001-531-00-40-00 Cell Phone $52.01
Melton
401-000-001-531-00-40-00 Cell Phone $52.27
Tuetken
Total 9929214342 $362.64
Total 58352 $362.64
Total Verizon Wireless $362.64
Xerox Corporation
58353 2023 - March 2023 - March 2023 2nd Council
018343042
001-000-120-591-12-70-00 Copy Machine Lease $215.25
001-000-120-594-12-60-00 Capital Outlay $65.10
Total 018343042 $280.35
Total 58353 $280.35
Total Xerox Corporation $280.35
Grand Total Vendor Count 14 $611,281.23
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East Wenatchee - Voucher Directory
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
03/07/2023 City Council Meeting Minutes Page 1 of 3
East Wenatchee City Council Meeting
Tuesday, March 7, 2023
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
Minutes
In attendance: Staff in attendance:
Mayor Jerrilea Crawford Rick Johnson, Chief of Police
Councilmember John Sterk Curtis Lillquist, Community Development Director
Councilmember Harry Raab Josh DeLay, Finance Director
Councilmember Shayne Magdoff Trina Elmes, Events Director/PIO
Councilmember Christine Johnson Garren Melton, Public Works Manager
Councilmember Matthew Hepner (Zoom) Laura Leon, City Clerk
6:00 p.m. Regular Meeting.
1. Call to Order, Roll Call and Pledge of Allegiance.
Motion by Councilmember Magdoff to excuse both Councilmember Sleiman and
Councilmember Tidd from the meeting. Councilmember Johnson seconded the motion.
Motion carried (5-0).
Consent Items:
a. Interlocal Agreement with Chelan Douglas Regional Port Authority for the funding of
a Regional Sports Complex Feasibility Study
Vouchers:
b. Date: 03-07-2023, Checks: 58233-58281, in the amount of $197,978.24
Minutes:
c. 02-16-2023 Council Workshop Minutes
d. 02-21-2023 Council Meeting Minutes
Motion by Councilmember Rabb to approve consent items as presented.
Councilmember Johnson seconded the motion. Motion Carried (5-0).
2. Citizen Requests/Comments. None.
3. Presentations.
a. Mayor Pro Tempore Shayne Magdoff read the 2023 Red Cross Month Proclamation.
Red Cross board members and volunteers Ralph Roper and Ron Garrow were
present to receive the proclamation on behalf of the Red Cross.
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
03/07/2023 City Council Meeting Minutes Page 2 of 3
a. Chief Of Police Rick Johnson presented a Certificate of Recognition for 5 Years of
Public Service to the City of East Wenatchee Police Department to Police Officer
Jordan Conley. Officer Conley was present to receive the certificate.
b. Chief Of Police Rick Johnson presented a Certificate of Recognition for 5 Years of
Public Service to the City of East Wenatchee Police Department to Police Officer
Joshua Caballero. Officer Caballero was present to receive the certificate.
c. Mayor Crawford presented a Certificate of Recognition for 10 Years of Public Service
to the City of East Wenatchee Streets Department to Joshua Toftness. Joshua
Toftness was not present for the recognition.
4. Public Hearing.
Mayor Crawford opened the public hearing at 6:19 p.m., for the for the purpose of
receiving public comment on amending East Wenatchee Municipal Code (EWMC) 15.44
Flood Hazard Areas. Community Development Director Curtis Lillquist provided the staff
report. No public comment was received during the hearing. Mayor Crawford closed the
public hearing at 6:24 p.m.
i. Community Development Director Curtis Lilliquist presented Ordinance 2023-
06, amending EWMC 15.44 Flood Hazard Areas containing a severability clause,
and establishing an effective date.
Comments provided by Councilmember Hepner.
Motion by Councilmember Sterk to adopt ordinance 2023-06, amending the
East Wenatchee Municipal Code 15.44, Flood Hazard Areas, as presented.
Councilmember Hepner seconded the motion. Motion carried (5-0).
5. Department Report.
a. Public Works Manager Garren Melton presented the 2022 Public Works Annual
Report.
Comments provided by Councilmember Magdoff.
b. Finance Director Joshua DeLay presented the 2022 End of Year Finance Report.
Comments provided by Councilmember Johnson.
6. Action Items.
a. Public Works Manager Garren Melton presented Resolution 2023-15, declaring
certain Ford vehicles (2010 Ford Expedition 1FMJU1G5XAEB49340 and 2014 Ford
Explorer 1FM5K8AR9EGC49984) and General Electric appliances owned by the City
as surplus to the needs of the City.
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
03/07/2023 City Council Meeting Minutes Page 3 of 3
Motion by Councilmember Magdoff to approve Resolution 2023-15 declaring all
items presented in Exhibit A as surplus to the needs of the City. Councilmember Raab
seconded the motion. Motion carried (5-0).
b. Public Works Manager Garren Melton presented Resolution 2023-16, authorizing
the Mayor to execute an amendment to the agreement between the City of East
Wenatchee and ABM Industries Inc., for Janitorial services.
Motion by Councilmember Magdoff to approve Resolution 2023-16, authorizing
Mayor Crawford to execute an amended agreement between the City of East
Wenatchee and ABM Industries Inc., for an amount not to exceed of $3,839.97 on a
monthly basis. Councilmember Raab seconded the motion. Motion carried (5-0).
7. Mayor’s Report.
a. Mayor Crawford shared the Police Department had begun moving to: 50 Simon
Street. She shared that a public Open House would take place as soon as the move
was completed.
b. Events Director/PIO Trina Elmes shared that the City of East Wenatchee received the
AWC Trust 2023 Well City Award. The Well City Award results in a 2% premium
discount on all medical premiums and savings to the city. The discount will be
applied to the 2024 medical premiums. Mayor Crawford thanked the Wellness
Committee for their efforts.
8. Council Reports & Announcements.
a. Councilmember Magdoff shared that the Housing Authority of Chelan County and
the City of East Wenatchee had hired a Finance Director.
9. Adjournment. With no further business, the meeting adjourned at 6:56 p.m.
Jerrilea Crawford, Mayor
Attest:
Anna Laura Leon, City Clerk
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CITY OF EAST WENATCHEE
COUNCIL AGENDA BILL
To: Mayor and Council.
From/Presenter: Curtis Lillquist, Community Development Director
Subject: Public Hearing and Resolution 2023-17 considering the approval
of the 2021 CDBG Consolidated Annual Performance and Evaluation
Report (CAPER).
Date: March 15, 2023
I. Summary Title: A public hearing to obtain comment and a resolution
of the City of East Wenatchee, Washington, adopting the “City of East
Wenatchee 2021 Consolidated Annual Performance and Evaluation
Report” in accordance with the requirements of the U.S. Department
of Housing and Urban Development regulations at 24 CFR Part 91
and establishing an effective date.
II. Background/History: The City of East Wenatchee receives federal
Community Development Block Grant (CDBG) funds on an annual
basis from the office of Housing and Urban Development (HUD). A
consolidated annual performance and evaluation report (CAPER)
must be prepared, reviewed by the public, and submitted to HUD
within 90 days of the end of the program year. The program year
ended on September 30, 2022.
The CAPER describes the projects and activities that were funded
during that program year. East Wenatchee’s 2021 Program year was
from October 1, 2021 through September 30, 2022.
The 2021 formula allocation for the City was $147,220.
$134,774 was allocated for the Hamilton Street – street
improvement project. Work on Hamilton Street is nearing
completion. Due to the late start on construction, only
$33,044.72 of the allocation was spent by the end of the
program year. The remaining balance of this allocation will be
spent on Hamilton Street.
Of the $12,446 allocated for administrative costs, $1,894.60
has been expended.
A special allocation of CDBG funding came through the Coronavirus
Aid, Relief and Economic Security Act (CDBG-CV). The first round of
CDBG-CV was $83,927. The City amended the 2019 Annual Action
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to identify the use of the new funds and to reallocate $50,000 of
unspent down payment assistance program funds to the
microenterprise grant program. During the 2020 Program Year
$45,000 was expended.
The remaining $5,000 for microenterprise business grants
administered by the Chelan Douglas Port Authority was
expended during the 2021 Program Year.
Federal rules require that a public hearing be held prior to the
approval of the CAPER.
There are other activities listed in the CAPER including efforts to
address homelessness and opportunities to facilitate housing
development. Those activities did not involve CDBG funds, however
they do address some of the goals of the CDBG program.
A combined notice of availability and notice of public hearing was
published in The Wenatchee World in English and Spanish on
February 28, 2023, to initiate the required 15-day comment period
with a comment deadline of March 14, 2023. The notice and a copy
of the Draft 2021 CAPER was also posted on the City web site. As of
the drafting of this agenda bill, no comments have been received.
I. Recommended Action: Hold a public hearing and motion to
approve Resolution 2023-17 adopting the City of East
Wenatchee 2021 Consolidated Annual Performance and
Evaluation Report and to authorize the Mayor to sign all required
HUD certifications.
II. Exhibits:
Resolution 2023-17 and Exhibit A - City of East Wenatchee 2021
Consolidated Annual Performance and Evaluation Report
Financial Data:
Expenditure Required
Amount Budgeted
Appropriation Required
$0 0 $ 0
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City of East Wenatchee Resolution No. 2023-17 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-
16 Rev. 1).
Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2023-17
A Resolution of the City of East Wenatchee, Washington, adopting the
“City of East Wenatchee 2021 Consolidated Annual Performance and
Evaluation Report” in accordance with the requirements of the U.S.
Department of Housing and Urban Development regulations at 24 CFR
Part 91 and establishing an effective date.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,
etc.), póngase en contacto con el vendedor de la ciudad al
alternateformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud,
etc.), please contact the City Clerk at alternateformat@east-wenatchee.com,
at (509) 884-9515, or at 711 (TTY).
2. Authority.
2.1. The City of East Wenatchee is a non-charter code City duly incorporated and
operating under the laws of the State of Washington.
2.2. RCW 35A.74 authorizes the City to administer programs to assist low
income individuals.
2.3. The U.S. Department of Housing and Urban Development regulations at 24
CFR Part 91 require entitlement communities to adopt a five-year
consolidated plan, an annual action plan, and a consolidated annual
performance and evaluation report (“CAPER”).
3. Recitals.
3.1. In 2009, the City of East Wenatchee (“City”) was notified by the U.S.
Department of Housing and Urban Development (HUD) that it qualified as a
federally designated “principal city” within the Wenatchee Metropolitan
Statistical Area and was eligible for entitlement status to receive annual
grants from the Community Development Block Grant Program (CDBG).
3.2. On August 25, 2009, the City Council of East Wenatchee (“City Council”)
accepted entitlement status to become a direct recipient of CDBG funds.
3.3. On August 3, 2021, the City Council adopted the 2021 Annual Action Plan
with passage Resolution 2021-17.
3.4. In compliance with the Citizen Participation Plan and the Limited English
Proficiency Plan, the City published a notice of availability and notice of
public hearing for the 2021 CAPER in The Wenatchee World on February
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City of East Wenatchee Resolution No. 2023-17 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-
16 Rev. 1).
Page 2 of 2
28, 2023 initiating a 15-day comment period ending on March 14, 2023. The
notice was published in English and in Spanish.
3.5. The Draft 2021 CAPER and notice of availability and notice of public
hearing was posted on the City’s webpage.
3.6. The City Council held a public hearing on March 21, 2023 to receive
comments and consider adoption of the Draft 2021 CAPER.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS
FOLLOWS:
Section 1: Action. The City Council hereby APPROVES the City of East
Wenatchee 2021 Consolidated Annual Performance and Evaluation
Report, which is attached to this Resolution as Exhibit “A”.
Section 2: Severability. If a court of competent jurisdiction declares any provision
in this resolution to be contrary to law, such declaration shall not
affect the validity of the other provisions of this Resolution.
Section 3: Effective Date. This resolution becomes effective on the date that it is
passed by the City Council.
Passed by the City Council of East Wenatchee, at a regular meeting thereof
on this 21st day of March, 2023.
CITY OF EAST WENATCHEE,
WASHINGTON
By _________________________________
Jerrilea Crawford, Mayor
ATTEST:
___________________________
Anna Laura Leon, City Clerk
Approved as to form only:
___________________________
Sean Lewis, Asst. City Attorney
FILED WITH THE CITY CLERK: __________
PASSED BY THE CITY COUNCIL: __________
EFFECTIVE DATE: __________
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City of East Wenatchee
Community Development Block
Grant Program
2021 Consolidated Annual
Performance & Evaluation Report
(CAPER)
Draft February 22, 2023
Prepared by:
City of East Wenatchee
Community Development Department
271 9th Street NE
East Wenatchee, WA 98802
Phone (509) 884-5396
Fax (509) 884-6233
E-mail: CLillquist@eastwenatcheewa.gov
Exhibit A
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CAPER 1 OMB Control No: 2506‐0117 (exp. 09/30/2021) CR‐05 ‐ Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The 2021 CDBG formula grant was $147,220. The 2021 Annual Action Plan allocated the funds to the following projects: $12,446 for City CDBG planning and administrative activities $134,774 for Hamilton Street – Street Improvement Project: The streets include Hamilton Street between 9th St NE and Standerfer Street and a small section of Stanerfer Street between French Avenue and Hamilton Street. This 0.13‐mile street improvement project includes installation of a new 5’ sidewalk on the east side of Hamilton; new curb and gutter; upgrades to sanitary sewer and water utility systems; and installation of a stormwater drainage system. On‐street parking will be preserved on the east side of Hamilton Street. The project also includes a small section of sidewalk on the north side of Standerfer Street and upgrades to underground utilities in the intersection of Standerfer and Hamilton. On April 13, 2020, the City was notified of a special allocation of $83,927 in CDBG‐CV funding to prevent, prepare for or respond to the coronavirus pandemic. The 2019 Annual Action Plan was amended to re‐allocate $50,000 of Program Year 2019 CDBG funds from our homeowner assistance program to a microenterprise grant program along with the new CDBG‐CV funds. A total of $133,927 was allocated for microenterprise business grants – it was estimated that up to 26 businesses could be provided with $5,000 grants. Progress: City CDBG planning and administrative activities. Only a portion of the funds allocated to administrative activities for 2021 were expended. Total administrative expenditures for 2021 were $1,894.60. That left $10,551.40 of remaining funds that can be used for projects during the 2022 program year. Hamilton Street – Street Improvement Project. The engineering and design for the project was completed during the 2021 program year. Additionally, 60% of the construction of the project was completed by the end of the 2021 program year. The project has been funded using three consecutive years of CDBG allocations in accordance with Title 24: 570.200(h) – the proceed for reimbursement for pre‐award costs. Program year funds from 2020, 2021, and 2022 were allocated to the project. To date $168,734.14 of CDBG funding has been spent on the project. During the 2021 Program year $107,474.31 of 2020 funds was spent on Design Engineering and of the 2021 funds, $16,586.53 was spent on Design Engineering and $16,458.19 was spent on Design Services during Construction. The Hamilton Street – Street Imprvement Project is under construction as of the end of the 2021 Program Year and anticipated to be completed by November 30, 2022. The remaining 2021 CDBG funds will be expended with this project. The following table is a breakdown of the revenue and estimated costs for the project. CDBG funds made up 32.6% of the funding necessary to Exhibit A03-21-2023 City Council Meeting Agenda Packet Page 34 of 118
CAPER 2 OMB Control No: 2506‐0117 (exp. 09/30/2021) complete the project. Table 1: Estimated Cost and Revenue Hamilton Street – Street Improvement Project Source Revenues % of Costs 2020 $135,689.42 2021 $134,774.00 2022 $121,887.00 Total CDBG $392,350.42 32.6 East Wenatchee Water District $209,263.00 17.4 Douglas County Sewer District $29,757.00 2.4 Douglas County Sales & Use Tax $228,000.00 19.0 City – Stormwater Uility $243,933.00 20.3 City – General Fund 99,313.58 8.3 Total Revenue $1,202,617.00 The following table shows the activities related to the Hamilton Street – Street Improvement Project tabulated by year. Table 2: Breakdown of CDBG Expenditures by Year Program Year 2020 2021 2022 Total Allocation $135,689.42 $134,774.00 $121,887.00 Description Design Engineering $135,689.42 $16,586.53 $152,275.95 SDC $16,458.19 $16,458.19 Construction $101,729.28 $121,887.00 $223,616.28 Total $135,689.42 $134,774.00 $121,887.00 $392,350.42 Microenterprise Business Grants On September 23, 2020, a subrecipient agreement was executed between the City and the Chelan Douglas Port Authority to manage the microenterprise business grant program. During 2020 Program Year 9 businesses received a $5,000 grant each for a total expenditure of $45,000. During 2021 Program Year, only 1 business received a $5,000 grant. The requirement for CDBG program eligilibity is more stringent than other state programs. East Wenatchee is a small community. The requirement to only spend the funds to benefit city residents and businesses makie to more difficult to expend the funds. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and Exhibit A03-21-2023 City Council Meeting Agenda Packet Page 35 of 118
CAPER 3 OMB Control No: 2506‐0117 (exp. 09/30/2021) explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Effectively plan and administer the CDBG Program Non‐Housing Community Development CDBG: $1,894.60 Other Other 1 0 100% 2021 2021 100% Enhance economic development Non‐Housing Community Development CDBG: $ 0.0 Businesses assisted Businesses Assisted 5 0 0.00% 0% Improve public facilities and infrastructure Non‐Housing Community Development CDBG: $33,044.72 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 33 0 60.00% 2021 2022 60.00% Increase access to owner‐occupied housing Affordable Housing CDBG: $ 0.0 Direct Financial Assistance to Homebuyers Households Assisted 5 0 0.00% 0% Maintain existing affordable housing stock Affordable Housing CDBG: $ 0.0 Rental units rehabilitated Household Housing Unit 3 0 0.00% 0% Exhibit A03-21-2023 City Council Meeting Agenda Packet Page 36 of 118
CAPER 4 OMB Control No: 2506‐0117 (exp. 09/30/2021) Reduce and prevent homelessness Homeless CDBG: $ 0.0 Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 40 0 0.00% Reduce and prevent homelessness Homeless CDBG: $ Housing for Homeless added Household Housing Unit 40 0 0.00% Support public services Homeless Non‐Homeless Special Needs CDBG: $ Public service activities for Low/Moderate Income Housing Benefit Households Assisted 5 0 0.00% Support public services Homeless Non‐Homeless Special Needs CDBG: $ Other Other 5 0 0.00% Table 1 ‐ Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. The primary basis for allocation of CDBG resources is to serve the needs of low and moderately low income households, business, and individuals. Consolidated Plan strategies developed through the community planning process reflect that a dignificant amount of funds are targeted to projects that benefit the low to moderately low income households. The funds that have been expended have benefitted low to moderate households or businesses.Exhibit A03-21-2023 City Council Meeting Agenda Packet Page 37 of 118
CAPER 5
OMB Control No: 2506‐0117 (exp. 09/30/2021)
CR‐10 ‐ Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 0
Black or African American 0
Asian 0
American Indian or American Native 0
Native Hawaiian or Other Pacific Islander 0
Total 0
Hispanic 0
Not Hispanic 0
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
Since no projects were completed, no accompishments have been reported.
Exhibit A
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CAPER 6
OMB Control No: 2506‐0117 (exp. 09/30/2021)
CR‐15 ‐ Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public ‐ federal 134,774 33,044.72
Table 3 ‐ Resources Made Available
Narrative
The Hamilton Street – Street Imprvement Project is under construction as of the end of the
2021 Program Year and anticipated to be completed by November 30, 2022. The remaining
2021 CDBG funds will be expended with this project.
Identify the geographic distribution and location of investments
Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Table 4 – Identify the geographic distribution and location of investments
Narrative
The City does not distribute or allocate CDBG funds on a geographic basis.
Exhibit A
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CAPER 7
OMB Control No: 2506‐0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
The City often uses CDBG funds to leverage other federal, state, local and private resources to
meet housing and community development needs. While matching funds are not currently
required for the City’s CDBG program, the City anticipates that most major projects will be
funded primarily through non‐CDBG resources.
The Hamilton Avenue project will leverage other local funds include from the East Wenatchee
Water District, Douglas County Sewer District and Douglas County Sales and Use Tax funds. We
typically partner with agencies that have underground utilities or services when we are working
on a street construction project.
Exhibit A
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CAPER 8
OMB Control No: 2506‐0117 (exp. 09/30/2021)
CR‐20 ‐ Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low‐income, low‐income,
moderate‐income, and middle‐income persons served.
One‐Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non‐Homeless households to be
provided affordable housing units 0 0
Number of Special‐Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 5 – Number of Households
One‐Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 0 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 0 0
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
The overall goal of the community planning and development programs available from the City
with CDBG funding is to assist low and moderate income households in obtaining affordable
housing. No 2020 Program Year funds were allocated to housing projects.
The City still has $18,469 from Program Year 2018 and $58,695 from Program Year 2019
allocated to the Columbia Valley Housing Association homeowner downpayment assistance
program – a total of $77,164. The homeowner downpayment assistance program has been
adversely impacted by the lack of inventory of homes for sale within a price range affordable to
low‐income individuals. East Wenatchee is a small community. Single‐family homes only make
up 56% of the total housing units in the City compare to 66% in Douglas County. In November
2017, there were 70 homes for sale that had a list price of $300,000 or less, representing 32%
of the total inventory. In November 2020, there were only 24 homes, representing 14% of the
inventory. In October 2022, this number dropped to 13, representing 4.88%. The tight market
and high cost, makes it difficult to find homes for low‐income buyers.
Exhibit A
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CAPER 9
OMB Control No: 2506‐0117 (exp. 09/30/2021)
Discuss how these outcomes will impact future annual action plans.
It will be important to monitor the progress for this program to determine whether the funds
should be reallocated. The City will work closely with HUD staff to improve performance in
timely implementation of identified community development strategies and CDBG. The City did
not hinder Consolidated Plan implementation by action or willful inaction. Again, the market
conditions have impacted the homeownership program.
Include the number of extremely low‐income, low‐income, and moderate‐income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low‐income 0 0
Low‐income 0 0
Moderate‐income 0 0
Total 0 0
Table 7 – Number of Households Served
Narrative Information
Again, there were not housing projects funded in 2020.
Exhibit A
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CAPER 10
OMB Control No: 2506‐0117 (exp. 09/30/2021)
CR‐25 ‐ Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The City does not directly fund homeless outreach. Outreach is conducted through the work of
organizations that operate in East Wenatchee and Wenatchee providing housing and housing
support programs serving homeless and those at‐risk of becoming homeless. East Wenatchee
has no housing programs and relies upon other local agencies.
Elected officials from the City of East Wenatchee are members of the Chelan Douglas Homeless
Housing Task Force. City staff also participate in the meetings. The group is responsible for the
development of the local homeless strategic plan and recommends awards for the distribution
of the Chealn Douglas Counties Homeless Housing fund (RCW 36.22.179 and RCW 36.22.1791),
Consolidated Homeless Grant (CHG), Housing & Essential Needs Grant Funds (HEN) and
Emergency Solutions Grant funds (ESG). The funding is allocated using a competitive grant
application process that is typically on a 2‐year cycle. No CDBG funds are expended. Chelan
County is the lead entity for this process.
Addressing the emergency shelter and transitional housing needs of homeless persons
In 2021, the cities of East Wenatchee and Wenatchee enacted a new sales and use tax to fund
affordable housing programs including homeless housing and support services. The new
Columbia River Homeless Housing Task Force covers East Wenatchee and Wenatchee. Elected
officials from both Wenatchee and East Wenatchee, as well as, homeless service providers are
members of the task force. Wenatchee is lead entity for this program. The initial focus of the
task force is to provide funding for agencies focused on providing low barrier shelter services
for homeless individuals and individuals living in RV’s or vehicles. No East Wenatchee CDBG
funds are expended.
Helping low‐income individuals and families avoid becoming homeless, especially extremely
low‐income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
Exhibit A
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CAPER 11
OMB Control No: 2506‐0117 (exp. 09/30/2021)
No CDBG funds were use, however local Homeless Housing Funding Awards were allocated for
Prevention including legal assistance to help a tenant work out a program to avoid a pending
eviction. Funding was awarded to an agency that provides transitional housing for individuals
that have been released from a correctional facility.
Rental assistance programs from various agencies were funded with non‐CDBG funds. The
program helps tenants pay rent up to a maximum of 2 years.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
Homeless Housing Funding Awards were allocated for Rapid Rehousing program. The Rapid
Rehousing serviced include landlord liaison program. Some landlords are hesitant to rent to
individuals or families with poor rental histories. This program allows landlords to sign up to
participate knowing they will have a support system. If there is a problem with the tenant, the
landlord can contact the agency. There is also a mitigation reserve that can pay for damages
over and above the security deposit.
Exhibit A
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CAPER 12
OMB Control No: 2506‐0117 (exp. 09/30/2021)
CR‐30 ‐ Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
In 2002, the city of East Wenatchee executed an interlocal governmental cooperation
agreement (ILA) with the Housing Authority of Chelan County and the City of Wenatchee. The
ILA allows the Housing Authority to operate, under limited circumstances, within the city limits.
An East Wenatchee city councilmember serves on that agency’s board of directors. The
Housing Authority operated an apartment complex that includes 35 year‐round units for low
income farmworkers.
The Housing Authority also operates the HUD Section 8 Tenant Based Rental Assistance
Program with 578 vouchers. Approximately 150 of the participants in the program reside in
East Wenatchee. They also have 110 Veteran’s Assistance Vouchers (VASH).
The Housing Authority has a range of services to address the needs of their tenants.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
No activities or actions were taken by the city. However, the Housing Authority offers their
tenants and clients a self‐sufficiency education program which includes information on
managing money, caring for a home and general life skills.
Actions taken to provide assistance to troubled PHAs
The Housing Authority is not a troubled PHA.
Exhibit A
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CAPER 13
OMB Control No: 2506‐0117 (exp. 09/30/2021)
CR‐35 ‐ Other Actions 91.220(j)‐(k); 91.320(i)‐(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
None Taken.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
None taken other than those mentioned in the Homeless and Other Special Needs section.
Actions taken to reduce lead‐based paint hazards. 91.220(k); 91.320(j)
The City maintains a Lead Based Paint page in the Building Department section of the city
website that provided educational pamphlets regarding lead‐based paint hazards to tenants,
contractors, and homeowners regarding lead‐based paint. The City also works directly with
each subrecipient to ensure compliance with the regulations regarding lead‐based paint.
Actions taken to reduce the number of poverty‐level families. 91.220(k); 91.320(j)
The Columbia Valley Homeownership program gives families an opportunity to buy their home.
Many single mothers with children effectively use homeownership assistance to stabilize their
family situations, find better employment, and slowly build wealth back into their families.
Unfortunately, the market value of single‐family homes has increased beyond the capacity for
most low‐income residents.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
City staff and elected officials actively participate in community efforts to address the needs of
low‐income residents. A Councilmember sits on the Housing Aurthority Board. The Mayor, a
Councilmember, and Community Development Director regularly attend meetings of the
Chelan Douglas Local Homeless Housing Task Force. The Task Force serves as a decision‐making
body providing oversight, direction, and guidance for the development and implementation of
the Chelan‐Douglas Homeless Plan. A Councilmember and the Communit Development
Director participate in the Columbia River Homeless Housing Task Force. This task force was
created to provide recommendations in spending a new sales and use tax to fund affordable
housing programs including homeless housing and support services. The Task Force covers East
Wenatchee and Wenatchee. Elected officials from both Wenatchee and East Wenatchee, as
well as, homeless service providers are members of the task force. Wenatchee is lead entity for
this program. The initial focus of the task force is to provide funding for agencies focused on
Exhibit A
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CAPER 14
OMB Control No: 2506‐0117 (exp. 09/30/2021)
providing low barrier shelter services for homeless individuals and individuals living in RV’s or
vehicles. No East Wenatchee CDBG funds are expended.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
City staff regularly attend meetings of the Chelan Douglas Homeless Housing Advisory
Committee. The Committee includes housing and service providers. Representatives are from
the rental association, faith‐based organizations, non‐profits, state and local agencies. The
Committee concentrated on outreach and communication between service providers and other
public agencies that may be in contact with homeless individuals and families. This group
provides recommendations to the cities, counites, and housing and service providers relative to
actions that will reduce homelessness, encourage rapid re‐housing, support and educate
landlords, and provide information to the general public regarding homelessness.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
The City maintains and periodically updates a Fair Housing web page in the Community
Development Department section of the City website that provided brochures, forms and
contact information for people to pursue Fair Housing claims.
Exhibit A
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CAPER 15
OMB Control No: 2506‐0117 (exp. 09/30/2021)
CR‐40 ‐ Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long‐term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
The Community Development Department for the City of East Wenatchee is responsible for the
administration of the CDBG Program. This includes the monitoring and evaluation of program activities
as they relate to the adopted consolidated plan and annual action plan. City staff monitors
subrecipients to ensure all regulatory requirements are met and that the information reported is
complete and accurate.
Montoring depends on the activity. Construction or acquisition projects will be monitored prior to work
beginning and as they progress inorder to ensure compliance with specific federal regulation auch as
Davis Bacon, Section 3, NEPA, and Uniform Reolcation and acquisition requirements.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
In compliance with the Citizen Participation Plan and the Limited English Proficiency Plan, the
City published a notice of availability and notice of public hearing in The Wenatchee World on
November 18, 2022. The notice was published in English and Spanish. The notice announced
the availability of the Draft 2021 Consolidated Annual Performance and Evaluation Report
(CAPER) initiating the 15‐day comment period and a notice of the publice hearing on December
6, 2022.
A copy of the Draft 2021 CAPER was posted on the City website and made available at City Hall.
CR‐45 ‐ CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
No changes are planned or anticipated.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Exhibit A
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CAPER 16
OMB Control No: 2506‐0117 (exp. 09/30/2021)
Exhibit A
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CAPER 17
OMB Control No: 2506‐0117 (exp. 09/30/2021)
CR‐45 ‐ CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
No changes are planned or anticipated.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Exhibit A
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CAPER 18
OMB Control No: 2506‐0117 (exp. 09/30/2021)
CR‐58 – Section 3
Identify the number of individuals assisted and the types of assistance provided
Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours
Total Section 3 Worker Hours
Total Targeted Section 3 Worker Hours
Table 8 – Total Labor Hours
Qualitative Efforts ‐ Number of Activities by Program CDBG HOME ESG HOPWA HTF
Outreach efforts to generate job applicants who are Public Housing
Targeted Workers
Outreach efforts to generate job applicants who are Other Funding
Targeted Workers.
Direct, on-the job training (including apprenticeships).
Indirect training such as arranging for, contracting for, or paying tuition
for, off-site training.
Technical assistance to help Section 3 workers compete for jobs (e.g.,
resume assistance, coaching).
Outreach efforts to identify and secure bids from Section 3 business
concerns.
Technical assistance to help Section 3 business concerns understand
and bid on contracts.
Division of contracts into smaller jobs to facilitate participation by
Section 3 business concerns.
Provided or connected residents with assistance in seeking employment
including: drafting resumes,preparing for interviews, finding job
opportunities, connecting residents to job placement services.
Held one or more job fairs.
Provided or connected residents with supportive services that can
provide direct services or referrals.
Provided or connected residents with supportive services that provide
one or more of the following: work readiness health screenings,
interview clothing, uniforms, test fees, transportation.
Assisted residents with finding child care.
Assisted residents to apply for, or attend community college or a four
year educational institution.
Assisted residents to apply for, or attend vocational/technical training.
Assisted residents to obtain financial literacy training and/or coaching.
Bonding assistance, guaranties, or other efforts to support viable bids
from Section 3 business concerns.
Provided or connected residents with training on computer use or online
technologies.
Promoting the use of a business registry designed to create
opportunities for disadvantaged and small businesses.
Outreach, engagement, or referrals with the state one-stop system, as
designed in Section 121(e)(2) of the Workforce Innovation and
Opportunity Act.
Other.
Table 9 – Qualitative Efforts ‐ Number of Activities by Program
Exhibit A
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CAPER 19
OMB Control No: 2506‐0117 (exp. 09/30/2021)
Narrative
Since no projects were completed, no accompishments have been reported.
Exhibit A
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CAPER 20
OMB Control No: 2506‐0117 (exp. 09/30/2021)
Exhibit A
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Number of Cases Investigated Additional Information
October 44
November 44
December 34
Total 122
Investigations of Interest
3
0
0
2
Number of Animals Received
Dogs Cats Others
16 10 1
30 77 2
27 41 7
Return to Owner 15 3 0
22
Animal Bites
Trap Neuter Release
Owner Surrender
Stray
Adoption
Intake/Outcome
Citations Issued
Dangerous Dogs
Potentially Dangerous Dogs
Licenses Issued
License Fees
Animals Impounded
Impoud Fees
Boarding Fees
Redemption Fees
Vaccination Fees
City of East Wenatchee - Quarterly Reports
4th Quarter - 2022
Wenatchee Valley Animal Care & Control
1474 S Wenatchee Avenue
Wenatchee WA 98801
509-888-7283
Fax: 509-662-7612
Number of Phone Calls Received: 428
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East Wenatchee
Council Agenda Bill
To: Mayor and Council
From/Presenter: Trina Elmes, Events Director/PIO
Subject: East Wenatchee Events Board Members, Resolution No. 2022-03
Date: March 21, 2023
I.Summary Title:
Adjusting the Events Board members for 2022.
II.Background/History:
The East Wenatchee Events Board is the City’s Lodging Tax Advisory Committee and
is subject to RCW 67.28.1817, which outlines the committee membership
requirements. Membership is for three calendar years and the position year ranges
rotate, so only 1/3 of the positions expire at the same time.
III. Recommended Action:
Motion to approve Resolution 2023-18
IV.Exhibits:
1.Resolution 2023-18
2.January 4, 2023 EWEB Minutes
Financial Data
Expenditure Required Amount Budgeted Appropriation Required
$0 $0 No
City of
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City of East Wenatchee Resolution 2023-18 Page 1 of 3
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
City of East Wenatchee, Washington
Resolution No. 2023-18
A Resolution of the City of East Wenatchee, Washington appointing members to the East Wenatchee Events Board.
1.Alternate format.
1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la secretaria de la Ciudad en alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY).
2.Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees.
2.2. Section 2.44.020 East Wenatchee Municipal Code requires the membership of the East Wenatchee Event’s Board to consist of not less than five members and no more than 15 members. One member must be an elected official of the city, at least two members must be representatives of businesses required to collect the lodging tax; and at least two members must be persons involved in activities authorized to be funded by revenue received from the tax.
2.3. State law (RCW 67.28.1817) requires the City Council to annually review the membership of the Board and to make changes as appropriate.
2.4. Section 2.44.030 of the East Wenatchee Municipal Code requires the City Council to appoint members of the Board.
Exhibit 1
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City of East Wenatchee Resolution 2023-18 Page 2 of 3
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
3.Appointment. The City Council appoints the following individuals toserve as members of the East Wenatchee Events Board: Rob Tidd toposition 1, Jason Heinz to position 5 and Vickie Sullivan to position8.
A member’s appoint begins on January 1 of the year indicated andends on December 31 of the year indicated:
4.Board Roster. With the addition of these new board member, theEast Wenatchee Events Board consists of the following members:
Position # Position Board Member Term Begins Term Ends 1 City Elected Official Rob Tidd 2023 2025 2 Business Rep Lindsey Morrow 2022 2024 3 Business Rep Supattra Winger 2021 2023 4 Activity Rep Mat Heinz 2021 2023 5 Activity Rep Jason Heinz 2023 2025 6 Restaurant Rep Brent Schmitten 2022 2024 7 Retail Rep. Alejandro Cruz 2021 2023 8 Citizen at large Vickie Sullivan 2023 2025 9 Citizen at large Vacant 2023 2025 10 Citizen at large Michael Machado 2021 2023 11 Citizen at large Vacant 2022 2024 12 Citizen at large Vacant 2023 2025 13 Citizen at large Vacant 2021 2023 14 Citizen at large Vacant 2022 2024 15 Citizen at large Vacant 2023 2025
5.Effective date. This Resolution becomes effective immediately.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this _____ day of _______________, 2023.
The City of East Wenatchee, Washington
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City of East Wenatchee Resolution 2023-18 Page 3 of 3
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
By _________________________________ Jerrilea Crawford, Mayor
Attest:
___________________________ Anna Laura Leon, City Clerk
Approved as to form only:
___________________________ Sean Lewis, Deputy Prosecuting Attorney
Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________
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CITY OF EAST WENATCHEE
EVENTS DEPARTMENT
(509) 886-6108 | EastWenatcheeWa.gov
271 9th St. NE, East Wenatchee, WA
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
the Events Department at (509) 886-6108 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
EAST WENATCHEE EVENTS BOARD
BOARD MEETING MINUTES
January 4, 2023 | 3:30PM
Attendees Councilmember Rob Tidd, Michael Machado, Mat Heinz, Jason Heinz, Vickie Sullivan,
Brent Schmitten and Events Director/PIO Trina Elmes.
Guests Ashley Sinner (WVCC) and Charlie Brown (EMPD)
Location Eastmont Community Center
230 N. Georgia Ave, East Wenatchee, WA 98802
Roll Call/Introductions
Vote in Members
Positions 1, 5, 8 and 9 are up for new terms. Councilmember Tidd, Jason Heinz and Vickie
Sullivan all expressed interest in staying on the East Wenatchee Events Board. Kirk Mayor
has decided not to continue for another term. The City of East Wenatchee and the East
Wenatchee Events Board (EWEB) are very grateful to Kirk Mayer for his dedication to the
EWEB and wish him luck with his new endeavors.
Michael Machado motioned to appoint:
Position #1 – Councilmember Rob Tidd
Position #5 – Jason Heinz
Position #8 – Vickie Sullivan
Mat Heinz seconded the motion. Motion Carried (3-0)
Public Comment None
Minutes The December 7, 2022 minutes were reviewed.
Michael Machado motioned to accept the minutes and Jason Heinz seconded
the motion. Motion carried (6-0).
Financials The financials were not included in the packet, but Events Director/PIO Elmes stated that
there is over $400,000 in the Hotel/Motel Tax Fund that has not been earmarked in 2022.
The year end financials should be finalized by the February meeting.
Event Update Here are the 2023 dates for all of the City events:
•Les Schwab Classy Chassis, May 5-6
•Pangborn’s Festival of Flight, August 5
•Wings ‘n Wishes, December 7
Tourism City of East Wenatchee – Pangborn’s Festival of Flight
Grants The City of East Wenatchee is requesting a total of $8,000 for Pangborn’s Festival of Flight,
August 5, 2023. Events Director/PIO Elmes presented the application and supporting
information and it was reviewed by the Board.
CALL TO ORDER 3:37 PM
Exhibit 2
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CITY OF EAST WENATCHEE
EVENTS DEPARTMENT
(509) 886-6108 | EastWenatcheeWa.gov
271 9th St. NE, East Wenatchee, WA
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
the Events Department at (509) 886-6108 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
Michael Machado motioned to approve the City of East Wenatchee’s Grant
Application in the amount of $8,000 for Pangborn’s Festival of Flight on August
5, 2023. Jason Heinz seconded. Motion carried (6-0).
Eastmont Metro Parks Department (EMPD) – Eastmont Winter Classic
The Eastmont Metro Parks Department (EMPD) is requesting a total of $8,000 for the
Eastmont Winter Classic AAU Basketball Tournament, February 24-26, 2023. Charlie Brown
presented the application and supporting information and it was reviewed by the Board.
Brent Schmitten motioned to approve the Eastmont Metro Parks Department’s
Grant Application in the amount of $8,000 for the Eastmont Winter Classic AAU
Tournament, February 24-26, 2023. Michael Machado seconded. Motion carried
(6-0).
WVCC Update Ashley Sinner, Destination Management and Marketing Organization Director for the
Wenatchee Valley Chamber of Commerce, gave an update. Sinner also showed us a
video that some travel writers from Seattle had made after visiting Wenatchee. Sinner
went over the Chamber’s Advertising Strategy for 2023 too.
Other There was discussion on the meeting dates, times and location. The dates and location will
stay the same.
Jason Heinz motioned to move the meeting times to 3:00pm. Michael Machado
seconded. Motion carried (6-0).
Next Meeting February 1, 3:00pm
Eastmont Parks & Recreation’s Community Center
230 N. Georgia Ave, East Wenatchee, WA 98802
O ORDER
Attest: Rob Tidd, Councilmember
Trina Elmes, Events Director/PIO
ADJOURN 4:29 PM
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East Wenatchee
Council Agenda Bill
To: Mayor Crawford and Council
From/Presenter: Garren Melton, Public Works Manager
Subject: Resolution 2023-19 – 19th Street NW & NW Cascade Ave Improvements
Project - Interlocal Agreement with Douglas County PUD
Date: March 21, 2023
I. Summary Title:
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to
execute an Interlocal Agreement with Douglas County PUD for the 19th Street NW &
NW Cascade Ave Improvements Project.
II. Background/History:
On June 10, 2014, City Council approved the purchase of WSDOT surplus property
at the corner of 19th Street NW and NW Cascade Ave to accommodate a future
stormwater facility. The cost of the property purchase was $150,000 and was
reimbursed by the Greater East Wenatchee Stormwater Utility. The City was
awarded $250,000 by the Department of Ecology for the design of a regional
stormwater facility at the abovementioned location, and for roadway improvements
on 19th St NW and NW Cascade Ave.
The City has now completed a 60% design for the project and has received an
additional $2,218,288 grant from Ecology to finalize the design and construct the
stormwater improvements. City staff approached the County about a continued
partnership on the project and reached an agreement to split the local match
portions of the project and contribute funding for right of way in their respective
jurisdictions. The City and County authored a joint application to the Transportation
Improvement Board for an additional $2,000,000 in construction funds, which was
awarded earlier this year.
When further utility coordination was initiated, the Douglas County PUD expressed
interest in partnering on the project to relocate their existing overhead lines
underground. This Interlocal Agreement allows the PUD to reimburse the City
design fees incurred to incorporate the work into the project, and for construction
related expenses.
III. Recommended Action:
City of
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Approve Resolution 2023-19 authorizing the Mayor to approve the Interlocal
Agreement with Douglas County PUD for the 19th Street and NW Cascade Ave
improvements project.
IV. Exhibits:
1. Resolution 2023-19
Financial Data
Expenditure Required Amount Budgeted Appropriation Required
NA NA NA
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City of East Wenatchee Resolution 2023-19 with Exhibit A
Retain Resolution until no longer needed for City -business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2023-19
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute an Interlocal Agreement with Douglas County
PUD for the 19th Street NW & NW Cascade Ave Improvements Project
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con el vendedor de la
ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-
9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at
711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to organize and regulate its internal affairs and to define
the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute
an interlocal agreement that conforms to the terms set forth in
Exhibit A.
4. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Resolution.
5. Effective date. This Resolution becomes effective immediately.
Exhibit A
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City of East Wenatchee Resolution 2023-19 with Exhibit A
Retain Resolution until no longer needed for City -business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 2 of 2
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this _____ day of _______________, 2023.
The City of East Wenatchee,
Washington
By ________________________
Jerrilea Crawford, Mayor
Attest:
___________________________
Laura Leon, City Clerk
Approved as to form only:
___________________________
Sean Lewis, Assistant City Attorney
Filed with the City Clerk: __________
Passed by the City Council: __________
Effective Date: __________
Exhibit A
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1
Filed for and Return to:
Anna Laura Leon, City Clerk
City of East Wenatchee
271 9th Street NE
East Wenatchee, WA 98802
The information contained in this boxed section is for recording purposes only pursuant to RCW 36.18
and RCW 65.04, and is not to be relied upon for any other purpose, and shall not affect the intent of
any warranty contained in the document itself.
Document Title: Interlocal Cooperation Agreement Between the City of East Wenatchee and the
Douglas County PUD for work associated the 19 th Street NW & NW Cascade Ave
Improvements Project
Grantor(s): City of East Wenatchee and Douglas County PUD
Grantee(s): City of East Wenatchee and Douglas County PUD
Reference Number(s) of Document Related, Assigned or Released: N/A
Abbreviated Legal Description: N/A
Complete or Additional Legal Description on page of Document – N/A
Assessor’s Parcel Number: N/A
Filed with the Auditor pursuant to RCW 39.34.040
Interlocal Cooperation Agreement Between the City of East Wenatchee, Douglas County,
and the Douglas County PUD for Work Associated with the 19th Street NW & NW Cascade
Ave Improvements Project
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is hereby entered into this
date by and between the DOUGLAS COUNTY PUBLIC UTILITY DISTRICT (the "District"),
the CITY OF EAST WENATCHEE (the "City") and DOUGLAS COUNTY (the “County”)
collectively referred to as the "Parties."
RECITALS:
1. The City and County are engaged in a road improvement project involving 19th Street NE &
NW Cascade Ave, East Wenatchee, Douglas County, Washington (the "Project"); and,
2. The City and County have executed a prior Interlocal Agreement filed under Auditors File
Number 3257105 outlining their respective roles and responsibilities on the above-
mentioned project, the terms of which are not affected by this agreement; and,
3. In order to continue providing District services to a portion of its service area, the District
desires to relocate overhead utilities to underground within the Project; and,
4. The City, County, and the District desire to cooperate in the relocation of utilities during the
construction of the Project;
NOW, THEREFORE, in consideration of the foregoing, the City , County and the District
agree as follows:
1. Purpose. The purpose of this Agreement is to provide for the relocation of District
services in the Project concurrent with other construction improvements.
2. Scope of Work. The City and County will coordinate design of the planned roadway
improvements with the Districts desired utility improvements. The City, County and District will
approve the final PS&E package prior to bidding. District costs shall be separated into a separate bid
schedule.
Exhibit A
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2
3. District's Obligations. The District shall:
3.1 Provide design services for the District’s portion of the work and coordinate
with the City’s consulting engineer to incorporate the design into the Project’s
bid documents.
3.2 Review the engineering design on plan and profile sheets provided by the City's
consultant.
3.3 Review Special Provisions of the bid documents for the District’s facilities within
the Project, also to be furnished by the City's consultant.
3.4 Approve 100% Plans, Specifications and Estimate (PS & E) package for bid
advertisement.
3.5 Provide any additional field engineering, including survey control and
construction staking for the construction of the District’s improvements, except
for services that are provided for by the contractor in the contract.
3.6 Provide construction observation, material testing, and field-testing services, for
the construction of the District’s improvements.
3.7 Provide for reimbursement of any and all costs approved by the District and
incurred by the City associated with the construction of the District’s
improvements, including:
(a) Construction of all of the District’s related improvements,
(b) Processing of change orders requested by the District,
(c) Any design work required for District improvements.
3.8 Be responsible for its staff coordination with the City, County, and their
consultant.
4. City's Obligations. The City shall:
4.1 Incorporate the engineering design and specifications for the District’s
improvements in the City's roadway construction plans for the Project.
4.2 Administer the bidding and contract award for the Project, including:
(a) Preparing bid documents to require that costs associated with the
District’s portion of the Project be separately itemized in the bid
submittal;
(b) Advertising for construction bids; and
(c) Awarding of the construction contract to the lowest responsible bidder
based on the lowest total submitted for all schedules of work.
4.3 Administer the construction contract, including:
(a) Preparation and delivery of Notice of Award and Notice to Proceed to
the contractor;
Exhibit A
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3
(b) Scheduling the construction work with the contractor;
(c) Disbursement of payments to the roadway contractor; and
(d) Administration of change orders, although the District shall have final
authority for review and approval of any change order that affects the
District’s improvements; and
(e) Contract closeout.
4.4 Be responsible for the administration, management, and budget for this Project.
4.5 The City agrees that the District reserves the right to inspect and approve all
work done on the District’s system prior to the District being obligated to pay
the City its costs for such work.
5. Unexpected Changes. The District and the City recognize that unanticipated or
unexpected changes to the project plans may be necessary as the project develops. The District and
the City will cooperate to address any unanticipated or unexpected circumstances that may require a
change in the design or construction of the Project and/or that may require additional expenditures
beyond those budgeted. The District and the City will further cooperate in the allocation of any
such additional costs with consideration of the party (if any) responsible for the cost and the extent
to which the changes benefit the District or the City.
6. Duration and Termination. This Agreement shall become effective upon the
filing of the executed Agreement with the Douglas County Auditor pursuant to RCW 39.34.040.
This agreement will terminate when the Project is completed and when the final payment for the
District’s portion of the Project is received by the City from the District.
7. Payment by District to City. The District shall pay the City for the District’s related
portion of the project. The District shall pay the City 100% of the amount of the actual cost to
construct the items shown in the District’s portion of the bid schedule, including Washington State
Sales Tax. In the event a change order requested by the District related specifically to work of
benefit to the District only occurs, the District shall pay all of the costs of any such change order.
The District shall make periodic progress payments to the City. Each progress payment, subject to
the terms of this agreement, and the final payment are due within 45 days of the date the payment
request is mailed by the City to the District. Any payment past due shall accrue interest at the rate of
twelve (12%) per cent per annum until the entire outstanding balance of the past due principal and
interest is paid.
8. Records. The City shall keep and maintain accurate and complete cost records
pertaining to the Project and this Agreement. The District shall have full access and the right to
examine any such records related to this Agreement. All records, books, documents and other
materials maintained, prepared, or issued by the District in the implementation of this Agre ement
shall be the property of the District, which shall have the responsibility of the retention and release
of those materials.
9. Mutual Indemnity. The District shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability, or any portion
thereof, arising from injury or death to persons or damage to property occasioned by any negligent
act, omission or failure of the District, its officers, agents, and employees, in co nnection with the
work described in this agreement, or arising out of the District's non-observance or non-
performance of any law, ordinance, or regulation applicable to the District’s portion of the Project.
Exhibit A
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4
The City shall indemnify, defend and hold harmless the District, its officers, agents and
employees, from and against any and all claims, losses or liability, or any portion thereof, arising
from injury or death to persons or damage to property occasioned by any negligent act, omission or
failure of the City, its officers, agents and employees, in connection with the work described in this
agreement, or arising out of the City's non-observance or non-performance of any law, ordinance or
regulation applicable to the District’s portion of the Project.
10. Severability. In the event that any provision of this Agreement shall be determined to
be unenforceable or otherwise invalid for any reason, such provision shall be enforced and validated
to the extent permitted by law. All other provisions of this Agreement are severable, and the
unenforceability or invalidity of any single provision hereof shall not affect the remaining provisions.
11. Construction. This agreement contains the entire agreement between the Parties with
respect to the subject matter hereof and supersedes all prior agreements or understandings among
the Parties with respect thereto. This Agreement may be amended only by an agreement in writing
signed by the Parties.
12. Mutual Negotiation and Construction. This Agreement and each of the terms and
provisions hereof are deemed to have been explicitly negotiated between, and mutually drafted by,
the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according
to its fair meaning and not strictly for or against either Party.
13. Governing Law; Venue. This Agreement is governed by the laws of the state of
Washington, without regard to its conflict of law provisions. The jurisdiction of any action
hereunder shall be in the Superior Court, Douglas County, Washington.
INWITNESS WHEREOF, the parties hereto have executed this Agreement on this
__________ day of ________________ , 2023.
DOUGLAS COUNTY PUBLIC
UTILITY DISTRICT
___________________________________
Gary Ivory, General Manager
Exhibit A
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5
The City of East Wenatchee,
Washington
By ________________________
Jerrilea Crawford, Mayor
Attest:
___________________________
Laura Leon, City Clerk
Approved as to form only:
___________________________
Sean Lewis, Assistant City Attorney
Exhibit A
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6
BOARD OF COUNTY COMMISSIONERS
DOUGLAS COUNTY, WASHINGTON
Dan Sutton, Chair
Kyle Steinburg, Vice Chair
Marc Straub, Member
ATTEST:
Kala Lince, Clerk of the Board
Approved as to form:
Jim Mitchell, Civil Deputy Prosecuting Attorney
WSBA #31031
Exhibit A
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East Wenatchee
Council Agenda Bill
To: Mayor Crawford and Council
From/Presenter: Garren Melton, Public Works Manager
Subject: Resolution 2023-20 Grant Road Oil Treatment and Bioretention Fund
Agreement (WQC-2023-Ewena-00168)
Date: March 21, 2023
I.Summary Title:
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to
execute a combined financial assistance agreement between the state of Washington
Department of Ecology and the City of East Wenatchee to receive funds for the Grant
Road Oil Treatment and Bioretention project.
II.Background/History:
The City of East Wenatchee’s draft comprehensive stormwater plan has identified
Grant Road as the City’s top priority for both stormwater flow control, and water
quality improvements. The plan revealed that in addition to the high pollutant
generation potential from the high traffic volumes on Grant Road, the stormwater
infrastructure is also undersized. The undersized mainline may have contributed to
the 2021 emergency repair that was needed at the base of Grant Road after a failed
storm line caused erosion under the roadway.
To combat these issues the comprehensive stormwater plan identified a vacant City
owned parcel on the corner of Highline Drive and Pace Drive to install a small
stormwater facility. Water from the upper Grant Road basin (Eastmont to Kentucky)
will be redirected to the proposed facility. This facility will improve water quality and
reduce the flow volumes on the lower Grant Road system. In the event flows exceed
the new ponds capacity excess stormwater will enter the existing system in Highline
Drive and enter the large ponds at 3rd St SE & Highline Drive, which currently have
excess capacity.
This project has been selected for design and construction funding by the
Department of Ecology, awarding the City $858,500 in total funds. The estimated
project cost is $1,010,000. The City’s local match to be paid with Stormwater funds
is $151,500. This project will be closely coordinated with the Grant Road
Improvements to minimize the impact to the public from road closures, and possibly
reduce construction related costs. The current target construction date for all Grant
Road related projects (concrete intersection at Eastmont, overlay from Valley Mall
Parkway to Kentucky, and water quality retrofit) is 2023.
City of
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III. Recommended Action:
Approve Resolution 2023-20 authorizing the Mayor to execute agreement between
the state of Washington Department of Ecology and the City of East Wenatchee.
IV. Exhibits:
1. Resolution 2023-20
Financial Data
Expenditure Required Amount Budgeted Appropriation Required
$0 $0 No
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City of East Wenatchee Resolution 2023-20 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2023-20
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute a combined financial assistance agreement
between the state of Washington Department of Ecology and the City of
East Wenatchee to receive funds for the Grant Road Oil Treatment and
Bioretention Project.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con el vendedor de la
ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-
9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at
711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to organize and regulate its internal affairs and to define
the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute a
contract that conforms to the terms set forth in Exhibit A.
4. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Resolution.
5. Effective date. This Resolution becomes effective immediately.
03-21-2023 City Council Meeting Agenda Packet
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City of East Wenatchee Resolution 2023-20 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 2 of 2
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this _____ day of _______________, 2023.
The City of East Wenatchee,
Washington
By ________________________
Jerrilea Crawford, Mayor
Attest:
___________________________
Anna Laura Leon, City Clerk
Approved as to form only:
___________________________
Sean Lewis, Assistant City Attorney
Filed with the City Clerk: __________
Passed by the City Council: __________
Effective Date: __________
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Agreement WQC-2023-Ewena-00168
WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT
BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
EAST WENATCHEE, CITY OF
This is a binding Agreement entered into by and between the State of Washington, Department of Ecology, hereinafter
referred to as “ECOLOGY” and the East Wenatchee, City of, hereinafter referred to as the "RECIPIENT" to carry out with
the provided funds, the activities described herein.
GENERAL INFORMATION
Project Title: Grant Road Oil Treatment and Bioretention
Total Cost: $1,010,000.00
Total Eligible Cost: $1,010,000.00
Ecology Share: $ 858,500.00
Recipient Share: $ 151,500.00
The Effective Date of this Agreement is: 7/1/2022
The Expiration Date of this Agreement is no later than: 06/30/2024
Project Type: Stormwater Facility
Project Short Description: (500-character limit, includes spaces)
This project will improve water quality in the Columbia River through installation of basic and enhanced treatment best
management practices (BMPs) at the intersection of Pace and Highline Drives in the City of East Wenatchee. This project
will provide treatment for total suspended solids (TSS) and oil (total petroleum hydrocarbons), will reduce the load of
dissolved copper and dissolved zinc, and will reduce flows to the Columbia River by increasing stormwater infiltration.
Project Long Description: (4,000-character limit, includes spaces)
This project will provide water quality treatment to stormwater and surface flow before it discharges directly into the
Columbia River. The Columbia River is a Category 5, 303d-listed waterbody for pH, temperature, and dissolved oxygen;
and is a freshwater environment designated for primary contact recreation and salmonid spawning, rearing, and
migration.
This project is located in the Grant Road basin, which is approximately 62-acres. Treatment will be provided to the whole
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
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Agreement No: WQC-2023-Ewena-00168 Page 2 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
basin. The basin is comprised of a central business district, general and light commercial, and residential zoning districts.
Grant Road has an average daily traffic (ADT) of approximately 20,000 vehicles per day, with the Eastmont Avenue
intersection receiving over 30,000 vehicles per day. It is a major freight route connecting the Wenatchee Valley to
Pangborn Memorial Airport.
Currently the Grant Road basin is composed of a system of catch basins and pipes that offer no water quality treatment
to stormwater and surface flows before discharging directly to the Columbia River via the Grant Road Outfall.
This project will provide treatment for Grant Road from Eastmont Avenue to N Kentucky Avenue (approximately one
mile west to east) and will eliminate a significant amount of untreated runoff that previously flowed directly into the
Columbia River. The RECIPIENT will install a flow splitter in the intersection of Grant Road and Eastmont Avenue that will
redirect flow south to a city-owned parcel on the corner of Pace Drive and Highline Drive. The RECIPIENT will install a
second flow-splitter at this parcel, in addition to installing basic and enhanced treatment BMPs for sediment and metals.
This parcel is located approximately half a mile east of where the current Grant Road mainline outfalls into the Columbia
River, and is relatively large in size in a commercially built-out corridor that otherwise offers smaller parcel options.
Overall Goal: (1,000-character limit, includes spaces)
This project will help protect and restore water quality in Washington state by reducing stormwater impacts from
existing infrastructure and development.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 76 of 118
Agreement No: WQC-2023-Ewena-00168 Page 3 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
RECIPIENT INFORMATION
Organization Name: East Wenatchee, City of
Mailing Address: 217 9th St NE
East Wenatchee, WA 98802
Physical Address: 217 9th St NE
East Wenatchee, WA 98802
Organization Email: gmelton@eastwenatcheewa.gov
Contacts
Project Manager Angela Tuetken
Engineering Technician
271 9th St NE
East Wenatchee, Washington 98802
ATuetken@eastwenatcheewa.gov
(509) 886-6111
Authorized
Signatory
Jerrilea Crawford
Mayor
271 9th St NE
East Wenatchee, WA 98802
jcrawford@eastwenatcheewa.gov
(509) 884-1829
(509) 884-6233
Billing Contact Josh DeLay
Finance Director
271 9th St NE
East Wenatchee, WA 98802
jdelay@eastwenatcheewa.gov
(509) 886-4507
(509) 884-6233
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 77 of 118
Agreement No: WQC-2023-Ewena-00168 Page 4 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Department of Ecology
300 Desmond Drive SE
Lacey, WA 98503
Contacts
Project
Manager
Traci Gefre
Municipal Stormwater Grant Project Specialist
1250 W Alder Street
Union Gap, WA 98803
traci.gefre@ecy.wa.gov
(509) 731-0513
Financial
Manager
Xavier Gilbert
Financial Specialist
PO BOX 47600
Olympia, WA 98504-7600
sarah.zehner@ecy.wa.gov
(360) 628-4791
Technical
Advisor
Mark Melton
Engineer
PO BOX 47600
Olympia, WA 98504-7600
mark.melton@ecy.wa.gov
(360) 701-5580
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 78 of 118
Agreement No: WQC-2023-Ewena-00168 Page 5 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all
things necessary for or incidental to the performance of work as set forth in the Scope of Work.
RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement.
Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement,
Scope of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes,
rules, regulations, and guidelines mentioned in this agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings
or representations other than as set forth, or incorporated by reference, herein.
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement.
Washington State Department of Ecology City of East Wenatchee
_________________________________ _______________________________
Vincent McGowan Date Jerrilea Crawford Date
Water Quality Mayor
Program Manager
SCOPE OF WORK
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 79 of 118
Agreement No: WQC-2023-Ewena-00168 Page 6 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
Task Number: 1 Task Cost: $5,000.00
Task Title: Grant and Loan Administration
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for
reimbursement and corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of
Grants and Loans) recipient closeout report (including photos, if applicable). In the event that the RECIPIENT elects to
use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and
management of this funding agreement.
B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable
procurement, contracting, and interlocal agreement requirements; permitting requirements, including application for,
receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project;
and submittal of required performance items. This documentation shall be made available to ECOLOGY upon request.
C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up-to-date staff contact
information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates
outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant and loan administrative requirements.
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement, quarterly progress reports, Recipient Closeout Report,
and two-page Outcome Summary Report.
* Properly maintained project documentation.
Grant and Loan Administration Deliverables
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges or changes in the project schedule. Submitted at least quarterly.
1.2 Recipient Closeout Report (EAGL Form).
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 80 of 118
Agreement No: WQC-2023-Ewena-00168 Page 7 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
SCOPE OF WORK
Task Number: 2 Task Cost: $5,000.00
Task Title: Cultural and Environmental Review, and Permitting
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance.
A. The RECIPIENT will submit the documents listed below to initiate ECOLOGY’s cultural resources review. Property
acquisition and above and below ground activities proposed at any project site must be reviewed by ECOLOGY for
potential affects to cultural resources.
The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work. Examples of work may
include (but are not limited to) geotechnical work, acquisition, site prep work, and BMP installations. Work done
prior to written notice to proceed shall not be eligible for reimbursement.
To initiate cultural resources review:
1. The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the ECOLOGY template.
Any supporting materials must conform to the Department of Archeology and Historic Preservation’s (DAHP)
Washington State Standards for Cultural Resource Reporting. The Cultural Resources Review Form template
may be found on the ECOLOGY website.
2. The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, using the ECOLOGY template.
The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to
and while working on-site. The IDP template may be found on the ECOLOGY website.
B. The RECIPIENT will submit the State Environmental Policy Act (SEPA) checklist for ECOLOGY project manager review
and notify the ECOLOGY project manager when the official comment period begins. The RECIPIENT will also upload
the final SEPA determination.
C. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal,
and federal permits, licenses, easements, or property rights necessary for the project.
Task Goal Statement:
The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner.
Task Expected Outcome:
The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental
Policy Act, and all other applicable federal, state, and local laws, and regulations.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 81 of 118
Agreement No: WQC-2023-Ewena-00168 Page 8 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
Cultural and Environmental Review, and Permitting Deliverables
Number Description Due Date
2.1 ECOLOGY Cultural Resources Review Form. Email the form and any
supplemental cultural resources documentation directly to the ECOLOGY
Project Manager. DO NOT upload the cultural resources form or
documentation to EAGL.
2.2 Inadvertent Discovery Plan (IDP). Email the form directly to the ECOLOGY
Project Manager for review. Upload to EAGL once review is complete.
2.3 SEPA Checklist. Upload the checklist, or other documentation for projects
considered exempt from SEPA review, to EAGL and notify ECOLOGY when
official comment period begins.
2.4 Final SEPA Determination. Upload to EAGL and notify ECOLOGY when upload is
complete.
2.5 List of permits acquired. Upload to EAGL and notify ECOLOGY when upload is
complete.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 82 of 118
Agreement No: WQC-2023-Ewena-00168 Page 9 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
SCOPE OF WORK
Task Number: 3 Task Cost: $81,000.00
Task Title: Design Plans and Specifications
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance.
The RECIPIENT will develop a stormwater project design. The design submittals must conform to the Deliverables for
Stormwater Projects with Ecology Funding Document. Projects must be designed in accordance with the Stormwater
Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington, or
equivalent manual. Refer to the ECOLOGY website for specific guidance. Project must be reviewed and accepted in
writing by ECOLOGY to be eligible for reimbursement.
The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review. Reduce design figures to
11x17 inches in size and ensure they are legible.
A. The RECIPIENT will submit a Design Report to ECOLOGY for review and acceptance. Allow 45 calendar days for
ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report
Acceptance Letter prior to proceeding to 90 Percent Design.
B. The RECIPIENT will submit a 90 Percent Design Package to ECOLOGY for review and acceptance. At a minimum,
this package must include 90 percent plans, specifications, engineer’s opinion of cost including a schedule of
eligible costs, and project construction schedule. The current required bid inserts and specifications may be
found on the Ecology website. Allow 45 calendar days for ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent
Design Acceptance Letter prior to proceeding to Final Bid Package.
C. The RECIPIENT will calculate and submit a preliminary equivalent new/re-development area for the completed
design using the methods outlined in the Design Deliverables Document.
D. The RECIPIENT will submit a preliminary GIS compatible project area as a shapefile, geodatabase file, or ECOLOGY-
approved equivalent. The project area should include polygon features for stormwater facilities and contributing
areas.
E. The RECIPIENT will submit a Final Bid Package to ECOLOGY for review and acceptance prior to advertising the
project. The Final Bid Package includes: project plans, specifications, engineer’s opinion of cost including a schedule
of eligible costs, and project construction schedule. Allow 15 calendar days for ECOLOGY review.
The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Final Bid Package
Acceptance Letter prior to advertising the project.
Task Goal Statement:
The RECIPIENT will complete all design tasks and respond to ECOLOGY comments in a timely manner.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 83 of 118
Agreement No: WQC-2023-Ewena-00168 Page 10 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
Task Expected Outcome:
The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other
applicable federal, state, and local laws, and regulations.
Design Plans and Specifications Deliverables
Number Description Due Date
3.1 Contract documents (if contracting out for design). Upload to EAGL and notify
ECOLOGY when upload is complete.
3.2 Design Report. Upload to EAGL and notify ECOLOGY when upload is complete.
3.3 Responses to ECOLOGY Design Report comments. Upload to EAGL and notify
ECOLOGY when upload is complete.
3.4 ECOLOGY Design Report Acceptance Letter. Upload to EAGL and notify
ECOLOGY when upload is complete.
3.5 90 Percent Design Package. Upload to EAGL and notify ECOLOGY when
complete.
3.6 Responses to ECOLOGY 90 Percent Design Package comments. Upload to EAGL
and notify ECOLOGY when upload is complete.
3.7 ECOLOGY 90 Percent Design Acceptance Letter. Upload to EAGL and notify
ECOLOGY when upload is complete.
3.8 Preliminary equivalent new/redevelopment area determination. Upload to
EAGL and notify ECOLOGY when upload is complete.
3.9 Preliminary project area shapefile, geodatabase file, or ECOLOGY-approved
equivalent. Upload to EAGL and notify ECOLOGY when upload is complete.
Upload ECOLOGY acceptance documentation.
3.10 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload is
complete.
3.11 Responses to ECOLOGY Final Bid Package comments. Upload to EAGL and
notify ECOLOGY when upload is complete.
3.12 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify
ECOLOGY when upload is complete.
3.13 Bid documents (e.g. bid announcement, bid tabulations, and bid award).
Upload to EAGL and notify ECOLOGY when upload is complete.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 84 of 118
Agreement No: WQC-2023-Ewena-00168 Page 11 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
SCOPE OF WORK
Task Number: 4 Task Cost: $45,000.00
Task Title: Construction Management
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance.
A. The RECIPIENT will provide construction oversight and management of the project.
B. The RECIPIENT will submit a detailed Construction Quality Assurance Plan (CQAP) to ECOLOGY for review and
acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and
competent construction oversight. Guidance for CQAP development is located in the Design Deliverables Document
available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review.
C. The RECIPIENT will conduct a pre-construction conference meeting and invite ECOLOGY to attend.
D. The RECIPIENT will submit a project schedule prior to the start of construction and whenever major changes occur.
E. Prior to execution, the RECIPIENT will submit to ECOLOGY any eligible change orders that deviate from ECOLOGY-
accepted plans and specifications. ECOLOGY must review and accept all change orders that affect grant eligible
activities prior to implementation. Allow 10 calendar days for ECOLOGY review.
Task Goal Statement:
The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, and provide
ECOLOGY with all requested project documentation.
Task Expected Outcome:
The project will be constructed on schedule and in accordance with accepted plans.
Construction Management Deliverables
Number Description Due Date
4.1 Construction Quality Assurance Plan. Upload to EAGL and notify ECOLOGY
when upload is complete. Upload ECOLOGY acceptance documentation.
4.2 Pre-Construction Conference Meeting Minutes. Upload to EAGL and notify
ECOLOGY when upload is complete.
4.3 Project Schedule. Submit prior to construction and when changes occur.
Upload to EAGL and notify ECOLOGY when upload is complete.
4.4 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is
complete. Upload ECOLOGY acceptance documentation.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 85 of 118
Agreement No: WQC-2023-Ewena-00168 Page 12 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
SCOPE OF WORK
Task Number: 5 Task Cost: $870,000.00
Task Title: Construction
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance.
A. The RECIPIENT will complete construction of the project in accordance with ECOLOGY-accepted plans and
specifications. The construction project will include installation of an oil water separator, and a bio-infiltration pond
to mitigate runoff from approximately 12-acres of pollution-generating impervious surfaces.
B. Stormwater Construction Completion Form signed by a professional engineer indicating that the project was
completed in accordance with the plans and specifications, and major change orders approved by ECOLOGY’s Project
Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the
ECOLOGY website.
Task Goal Statement:
Construction of the project in accordance with ECOLOGY-accepted plans and specifications.
Task Expected Outcome:
Constructed project will provide water quality benefits including reductions in total suspended solids (TSS) and oil (total
petroleum hydrocarbons) and will reduce the load of dissolved copper and dissolved zinc, and will reduce flows to the
Columbia River by increasing stormwater infiltration.
Construction Deliverables
Number Description Due Date
5.1 Signed and dated construction contract. Upload to EAGL and notify ECOLOGY
when upload is complete.
5.2 Stormwater Construction Completion Form. Upload to EAGL and notify
ECOLOGY when upload is complete.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 86 of 118
Agreement No: WQC-2023-Ewena-00168 Page 13 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
SCOPE OF WORK
Task Number: 6 Task Cost: $4,000.00
Task Title: Project Close Out
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance.
A. The RECIPIENT will operate and maintain the constructed facility for the design life of the facility. The RECIPIENT will
develop and submit an Operations and Maintenance (O&M) plan for all facilities constructed with ECOLOGY funding
to ECOLOGY for review. The O&M plan must address long-term activities to assure ongoing pollutant removal and
flow-control capability of the project in accordance with the design manual. O&M plan development guidance is
located in the Design Deliverables Document available on the ECOLOGY website. Allow 15 calendar days for
ECOLOGY review.
B. The RECIPIENT will calculate and submit a final equivalent new/re-development area for the completed retrofit
project(s) using the methods outlined in the Design Deliverables Document.
C. The RECIPIENT will submit the final GIS compatible project area in shapefile, geodatabase file, or ECOLOGY-approved
equivalent. The project area should include polygon features for stormwater facilities and contributing areas.
D. The RECIPIENT will submit the Recipient Closeout Report (RCOR) in EAGL in accordance with Task 1.
E. The RECIPIENT will submit an Outcomes Summary using the ECOLOGY template.
Task Goal Statement:
The RECIPIENT will complete all close out submittals in a timely manner.
Task Expected Outcome:
* Timely and complete submittal of O&M plan, equivalent area calculation, GIS, Recipient Closeout Report, and Two-
page Outcome Summary Report.
* Proper maintenance of the constructed facility to maintain water quality benefits.
Project Closeout Deliverables
Number Description Due Date
6.1 Facility Operation and Maintenance Plan. Upload to EAGL and notify ECOLOGY
when upload is complete. Upload ECOLOGY acceptance documentation.
6.2 Final, as constructed, equivalent new/redevelopment area determination.
Upload to EAGL and notify ECOLOGY when upload is complete.
6.3 Final, as constructed, project area shapefile, geodatabase file, or ECOLOGY-
approved equivalent. Upload to EAGL and notify ECOLOGY when upload is
complete. Upload ECOLOGY acceptance documentation.
6.4 Outcomes Summary. Upload to EAGL and notify ECOLOGY when upload is
complete.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 87 of 118
Agreement No: WQC-2023-Ewena-00168 Page 14 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
BUDGET (EAGL WILL GENERATE THIS SECTION BASED ON PROJECT TYPE/PARAMETERS, ETC. IT MIGHT BE HELPFUL FOR
THE RECIPIENT TO USE THE BUDGET TABLE TO PLAN OUT THEIR BUDGET).
Funding Distribution
Funding Title: SFAP
Funding Type: Grant
Funding Effective Date: 7/01/2022
Funding Expiration Date:6/30/2024
Funding Source: State – Stormwater Financial Assistance Program
Recipient Match %: 15
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
Indirect Rate: 0%
Stormwater Financial Assistance Program Task Total Recipient Amount ECY Amount
1. Grant and Loan Administration 5,000.00
2. Cultural, Environmental Review, and Permitting 5,000.00
3. Design Plans and Specifications 81,000.00
4. Construction Management 45,000.00
5. Construction 870,000.00
6. Project Close Out 4,000.00
Total 1,010,000.00
Funding Distribution Name Recipient Match Recipient Share Ecology Share Total
SFAP 15% $ $ $
Total $ $ $
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 88 of 118
Agreement No: WQC-2023-Ewena-00168 Page 15 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
“Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC,
to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in
an Administrative Charge Account.
“Administrative Requirements” means the effective edition of ECOLOGY's Administrative Requirements for Recipients of
Ecology Grants and Loans at the signing of this agreement.
“Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus
all principal due on such bonds or loans in such year.
“Average Annual Debt Service” means, at the time of calculation, the sum of the Annual Debt Service for the remaining
years of the loan to the last scheduled maturity of the loan divided by the number of those years.
“Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These
interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights,
leases, and mineral rights.
“Centennial Clean Water Program” means the state program funded from various state sources.
“Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of
the project.
“Cost Effective Analysis” means a comparison of the relative cost-efficiencies of two or more potential ways of solving a
water quality problem as described in Chapter 173-98-730 WAC.
“Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments
and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
“Effective Date” means the earliest date on which eligible costs may be incurred.
“Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge.
“Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT.
“Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount.
“Equivalency” means projects designated by ECOLOGY to meet additional federal requirements.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
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Agreement No: WQC-2023-Ewena-00168 Page 16 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
“Expiration Date” means the latest date on which eligible costs may be incurred.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT
through such time as the loan is officially closed out and a final loan repayment schedule is issued.
“Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project
Completion Date.
“Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final
Loan Amount.
“Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower.
“General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
“General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid
general obligation of the Recipient payable from special assessments to be imposed within the constitutional and
statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property
within the boundaries of the RECIPIENT.
“Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and
operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility
Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of
bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund
created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan
Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of
paying a rebate to the United States Government under the Internal Revenue Code.
“Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is
funded.
“Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the
loan begins to operate for its intended purpose.
“Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
“Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount, as applicable.
“Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the
loan.
“Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan.
“Loan Term” means the repayment period of the loan.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
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Agreement No: WQC-2023-Ewena-00168 Page 17 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
“Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility
to be operated and maintained in good repair, working order, and condition including payments to other parties, but
will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes.
“Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense.
“Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents.
“Principal and Interest Account” means, for a loan that constitutes Revenue-Secured Debt, the account created in the
loan fund to be first used to repay the principal of and interest on the loan.
“Project” means the project described in this agreement.
“Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully
completed. This term is only used in loan agreements.
“Project Schedule” means that schedule for the project specified in the agreement.
“Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one
not a general obligation of the RECIPIENT.
“Reserve Account” means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and
condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the
principal of and interest on the loan.
“Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors
associated to a RECIPIENT or project.
“Scope of Work” means the tasks and activities constituting the project.
“Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water
pollution.
“Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of
execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or
issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior
and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense.
“State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund
established by Chapter 90.50A.020 RCW.
“Termination Date” means the effective date of ECOLOGY’s termination of the agreement.
“Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding
balance of the loan and all accrued interest.
“Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been
determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
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Agreement No: WQC-2023-Ewena-00168 Page 18 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
“Total Project Cost” means the sum of all costs associated with a water quality project, including costs that are not
eligible for ECOLOGY grant or loan funding.
“ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of
additions to and extensions and betterments of the Utility.
“ULID Assessments” means all assessments levied and collected in any ULID. Such assessments are pledged to be paid
into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID
Assessments will include principal installments and any interest or penalties which may be due.
“Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the
Net Revenue of which is pledged to pay and secure the loan.
SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL
ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available
on ECOLOGY’s Water Quality Program website.
A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of
Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services,” have been, or shall be, met in procuring
qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the
final architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition
project:
a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and
the type of ownership interest that has been acquired.
b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with
funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of
Washington) shall be incorporated into the agreement before final payment.
c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser
interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to
ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real
property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below).
The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real
property lies, and to provide a copy of the recorded document to ECOLOGY.
Documentation Options:
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect,
and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when
acquiring real property rights that include the underlying land. This document may also be applicable for those
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 92 of 118
Agreement No: WQC-2023-Ewena-00168 Page 19 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
easements where the RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain
ECOLOGY approval on the draft language prior to executing the deed of right.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and
habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be
incorporated by reference in the easement document.
3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of
Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document.
Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language
prior to executing the easement or lease.
d. Real Property Acquisition and Relocation Assistance.
1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded
projects.
2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the
terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of
Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in
subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the
RECIPIENT agrees to provide any housing and relocation assistance required.
e. Hazardous Substances.
1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed
acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify:
i. No hazardous substances were found on the site, or
ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and
federal laws, and the site is deemed “clean.”
2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as
set forth in RCW 70.105D.
3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees
and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys'
fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or
threatened release of, hazardous substances on the property the RECIPIENT is acquiring.
f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses
The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired,
developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for
which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 93 of 118
Agreement No: WQC-2023-Ewena-00168 Page 20 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
one involving a lease or a term-limited restoration, renovation or development project or easement, this restriction on
conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by
applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified
by the lease, easement, deed, or landowner agreement.
C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may
be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial
Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website.
D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment
reimbursement. Washington State’s Department of Enterprise Services (DES) issues all payments. DES maintains a
central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the
registration process online at:
http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process
allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the
RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES Payee
Help Desk at (360) 407-8180or payeehelpdesk@watech.wa.gov.
E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology
approved construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase.
All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project,
must also be reported on the Equipment Purchase Report in EAGL.
F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section
319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs,
acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects
addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available
from ECOLOGY’s Financial Manager upon request.
G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the
requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of
compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this
change within 30 days.
H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for
the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation
Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon
request.
I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this
agreement.
J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project
results or water quality project outcomes and the status of long-term environmental results or goals from the project
approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
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Agreement No: WQC-2023-Ewena-00168 Page 21 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may
otherwise evaluate the project, as part of this assessment.
K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this
agreement. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends,
completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make
satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds,
or increase oversight measures.
L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall
be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for
Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical assistance,
proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by
ECOLOGY.
SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED
PROJECTS BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY:
1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website.
2. “Section 319 Initial Data Reporting” form in EAGL.
A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this
agreement can be signed by Ecology. This form is used to gather general information about the project for EPA.
B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT shall
provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and
follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the
appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology Financial Manager.
To increase public awareness of projects serving communities where English is not the predominant language,
RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation
costs for this purpose are allowable, provided the costs are reasonable.
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this
agreement:
“This project has been funded wholly or in part by the United States Environmental Protection Agency under an
assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily
reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade names or
commercial products constitute endorsement or recommendation for use.”
C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in
EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 95 of 118
Agreement No: WQC-2023-Ewena-00168 Page 22 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
completed the form. This form is used to gather information on best management practices (BMPs) installed and
associated pollutant load reductions that were funded as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension
cannot exceed the time limitation established in EPA’s assistance agreement. In the event a time extension is requested
and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the
expiration date.
SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED
PROJECTS ONLY.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT
Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental
Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in
accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of
Accounting”.
B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-
646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable
regulations and procedures of the federal agency implementing that Act.
C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an
independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The
RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year
or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST
be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at:
https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single
audit submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/.
D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional
requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800).
E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs
shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure
that their organization’s information in the System for Award Management (SAM), https://www.sam.gov, is kept current
through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after
the initial registration, and more frequently if information changes.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply
with the requirements of the Environmental Protection Agency’s Program for Utilization of Small, Minority, and
Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting
compliance with the following six good faith efforts shall be retained:
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
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Agreement No: WQC-2023-Ewena-00168 Page 23 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs,
this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are
potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and
facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever
possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal
closing date.
3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with
Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include
dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation
by Disadvantaged Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one
of these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of
the Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request.
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in
the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the
award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to
carry out these requirements is a material breach of this agreement which may result in the termination of this contract
or other legally available remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections.
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII
of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of
1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42
U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law,
regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT
may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time
in which to cure this noncompliance.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 97 of 118
Agreement No: WQC-2023-Ewena-00168 Page 24 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors,
engineers, vendors, and any other entity for work or services pertaining to this agreement.
“The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this
Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of
contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out
these requirements is a material breach of this Contract which may result in termination of this Contract or other legally
available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders
list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote
subcontracts, including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under
this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities
reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program,
including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act,
codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse
needs of users without barriers or diminished function or quality. Systems shall include usability features or functions
that accommodate the needs of persons with disabilities, including those who use assistive technology.
H. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or
training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of
the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel
National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find
other information about the Act. Pursuant to 15 USC 2225a.
I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of
trafficking in persons during the period of time this agreement is effective. This includes, but is not limited to, the
procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any
information received from any source alleging a violation under this provision.
SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY:
1. Financial Capability Assessment Documentation
2. Opinion of RECIPIENT’s Legal Council
3. Authorizing Ordinance or Resolution
4. Federal Funding Accountability and Transparency Act (FFATA) Form
5. CWSRF Federal Reporting Information form available in EAGL
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
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Agreement No: WQC-2023-Ewena-00168 Page 25 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or
stormwater facility construction)
7. Cost and Effectiveness Analysis Certification Form
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter
the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no
action which would adversely affect the eligibility of the project as defined by applicable funding program rules and
state statutes, or which would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration,
maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et
seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United
States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and
fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this
requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver
requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project
were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of
RECIPIENT’S compliance with this provision.
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington,
including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The
RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this
agreement shall be signed by ECOLOGY.
D. Equivalency Projects: (For designated equivalency projects only)
1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in
Chapter 11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-
chap11.pdf).
E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification
before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY
Financial Manager or on the Water Quality Program website.
F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the
RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance
agreements nationwide. The signage guidance can be found at:
http://www.ecy.wa.gov/programs/wq/funding/FundPrgms/CWSRF/SignageGuidanceJune2015.pdf.
G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage, public liability, and property
damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of
the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or
privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily
carried by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or
participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to
protect it against loss.
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Agreement No: WQC-2023-Ewena-00168 Page 26 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain,
or enjoin:
(i) the execution of this agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection
of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien
obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-
secured loans and general obligation payable from special-assessment-secured loans); or
(iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are
authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their
respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed,
revoked, or rescinded.
I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan,
unless terminated earlier according to the provisions herein.
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan
agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment
schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued
interest to the computation date.
The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear
interest based on the interest rate identified in this agreement as the “Effective Interest Rate,” per annum, calculated on
the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly
based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal
installments, semiannually, over the term of this loan “Loan Term” as outlined in this agreement.
J. Loan Repayment:
Sources of Loan Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified
below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute
and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure
the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants, agreements, and
attachments contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT
payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law
without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
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Agreement No: WQC-2023-Ewena-00168 Page 27 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall
constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net
Revenue of any Senior Lien Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall
constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever.
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it.
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not
affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately
upon their receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion ECOLOGY
finds that repayment from those additional sources would not be in the public interest.
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment
shall incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give
ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan.
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of
principal and interest on this loan shall be due and payable no later than one year after the project completion date or
initiation of operation date, whichever comes first.
Thereafter, equal payments shall be due every six months.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State
agencies, the payment shall be due on the next business day for Washington State agencies.
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager.
No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed
amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement
until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended
agreement.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 101 of 118
Agreement No: WQC-2023-Ewena-00168 Page 28 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this
agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall
be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in
full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those
on defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal
balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan
Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding
principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and
accrued interest, the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office.
K. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and
Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding
obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan
Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such
Maintenance and Operation Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the
sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax
limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the
RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when
due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged
irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special
assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the
RECIPIENT in excess of any constitutional or statutory limitations.
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as
the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID
Assessments in the ULID, to pay when due the principal of and interest on the loan.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID
Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan.
L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded
Utility in good repair, working order, and condition.
M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the RECIPIENT”
to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 102 of 118
Agreement No: WQC-2023-Ewena-00168 Page 29 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried
out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI
of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and
subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on
projects of a character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests
for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be
incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract
language regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall
maintain records sufficient to document compliance with the Davis-Bacon Act, and make such records available for
review upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to
maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review
upon request.
O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the
following verification statement in the “General Comments” text box of each progress report.
“We verify that we are in compliance with all the requirements as outlined in our funding agreement(s) with the
Department of Ecology. This includes but is not limited to:
- The Davis-Bacon Act, 29 CFR (If applicable)
- Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients)
- The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33”
P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection
with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct.
There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to
the RECIPIENT, which has not been disclosed in writing to ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute, deliver, and
perform all of its obligations under this agreement and to undertake the project identified herein.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all
representations and warranties made in this loan agreement remain true as of the date of the request and that no
adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to
repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the
RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 103 of 118
Agreement No: WQC-2023-Ewena-00168 Page 30 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works,
plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the
funded Utility unless:
1. The facilities or property transferred are not material to the operation of the funded Utility, or have become
unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary,
material, or useful to the operation of the funded Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no
more than three percent of the total assets of the funded Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to
the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less
the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded
Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue
for that period.
4. Expressed written agreement by the DEPARTMENT.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of
additions to and betterments and extensions of the Utility.
R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects: If not already in existence, the
RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be
submitted to ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system.
2) Prohibit inflow of stormwater into separated sewer systems.
3) Require that new sewers and connections be properly designed and constructed.
S. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY
or RECIPIENT funds.
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the
RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 104 of 118
Agreement No: WQC-2023-Ewena-00168 Page 31 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation
required of it by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to
the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the
“Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and, when
applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest
(the “Termination Payment Date”).
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole
discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and
all accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and
interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien
Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations
are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges.
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after
acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any
state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the
repayment of the loan.
Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment)
acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance,
ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property.
Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the optio n of
ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other materials.
Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take
any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and
observance of any obligation by the RECIPIENT, under this agreement.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 105 of 118
Agreement No: WQC-2023-Ewena-00168 Page 32 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of
attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff)
shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY’s exercise of any or all of the termination or default remedies provided in this
agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or
the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may withhold payments
for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and
implement a user-charge system and shall adopt a system of user-charges to assure that each user of the funded utility
shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life
of the project. The user-charge system will include provisions for a connection charge.
In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system
provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for
replacement, and to repay the loan.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used
to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION :
1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in
the certification, they must provide an explanation as to why they cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOG Y
for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
“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.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 106 of 118
Agreement No: WQC-2023-Ewena-00168 Page 33 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors,
are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will
be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of
completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed
agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives
using the FFATA Data Collection Form.
· Receives more than $30,000 in federal funds under this award.
· Receives more than 80 percent of its annual gross revenues from federal funds.
· Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is
required to report the FFATA information for federally funded agreements, including the required Unique Entity
Identifier in www.SAM.gov within 30 days of agreement signature. The FFATA information will be available to the public
at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or
expending loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that
use covered telecommunications equipment, video surveillance services or services as a substantial or essential
component of any system, or as critical technology as part of any system. As described in Public Law 115-232,
section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment,
systems, or services, including equipment, systems, or services produced or provided by entities identified in section
889, are recorded in the System for Award Management (SAM) exclusion list.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 107 of 118
Agreement No: WQC-2023-Ewena-00168 Page 34 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 6/24/2021 VERSION
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management
of all funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to
request proof of compliance by subgrantees and contractors.
d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent
and character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No
subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed
by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts
and administrative information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to
all products supplied under the Agreement, providing equal access to information technology by individuals with
disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio
content, and electronic documents intended for publishing on Ecology’s public web site.
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic
archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources,
hereby referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered,
disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 108 of 118
Agreement No: WQC-2023-Ewena-00168 Page 35 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be
completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements.
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02,
Archaeological and Cultural Resources.
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site.
c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the
project IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the
project IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT.
ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 109 of 118
Agreement No: WQC-2023-Ewena-00168 Page 36 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an
IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about
the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email
PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has
been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this
Agreement, as appropriate, or upon completion of an audit as specified herein.
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance,
and other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits
related to this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for
the permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT
fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or
responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest,
direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this
Agreement or the proceeds thereof.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 110 of 118
Agreement No: WQC-2023-Ewena-00168 Page 37 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction, purchase of goods, equipment, services, and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may
be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this
Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions
as provided for below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT’s appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director’s
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement
and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method, in
addition to the dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 111 of 118
Agreement No: WQC-2023-Ewena-00168 Page 38 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or
the Program QA coordinator instructs otherwise.
• Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-
resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide
copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all
metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission of that party or that party's agents or employees arising out of this Agreement.
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will
continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or
agents of the other party.
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to
give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in
return for award of a subcontract hereunder.
17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-
owned (WBE) businesses in purchases and contracts initiated under this Agreement.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 112 of 118
Agreement No: WQC-2023-Ewena-00168 Page 39 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum
participation by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified
minority and women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by
giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement;
(c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference,
including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program
Guidelines; and (g) General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment
of this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets,
videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator
magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to
provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 113 of 118
Agreement No: WQC-2023-Ewena-00168 Page 40 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
20. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not
document timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY’s provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the
end of the quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to
authorize others to use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other
data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon
specific instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for
use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is
lost, stolen, or damaged while in the RECIPIENT's possession,
then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for
the acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 114 of 118
Agreement No: WQC-2023-Ewena-00168 Page 41 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts,
and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the
uses intended by this Agreement.
g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any
equipment, property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon
payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which
monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such
property.
22. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of
Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies
in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this
Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 115 of 118
Agreement No: WQC-2023-Ewena-00168 Page 42 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year fro m the time
ECOLOGY demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision, and to this end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State
Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any
reimbursements are subject to this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
27. SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low
impact meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with
reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post-consumer recycled
paper, and toxic free products. For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 116 of 118
Agreement No: WQC-2023-Ewena-00168 Page 43 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or
costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence
work on the project funded within four (4) months after the effective date of this
Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined
within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest
of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance
with the terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding. In the event
funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the
Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY
may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is
resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a
reasonable attempt to provide notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any
amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written
agreement.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 117 of 118
Agreement No: WQC-2023-Ewena-00168 Page 44 of 44
Project Title: Grant Road Oil Treatment and Bioretention
Recipient Name: East Wenatchee, City of
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other
materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
Exhibit A 03-21-2023 City Council Meeting Agenda Packet
Page 118 of 118