HomeMy WebLinkAboutCONSENT MRC Nearshore stewardship grant JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Josh Peters, County Administrator
FROM: Katie Kowal,Water Resources Program Manager
Jefferson County Marine Resources Committee and WSU Extension
DATE: &4 p. ,e4 27, 26LS
RE: Jefferson County Marine Resources Committee Grant
(SEANWS-2025-JeCoWS-00013)
STATEMENT OF ISSUE:
The Jefferson County Marine Resources Committee (MRC) has prepared a grant agreement
between Jefferson County and the State of Washington Department of Ecology that will be
administered through the Northwest Straits Commission. This grant will provide$252,000 of
state and federal funding for MRC-sponsored marine stewardship projects in East Jefferson
County between October 2025 and September 2027.
ANALYSIS:
The contract amendment has been reviewed and approved as to form by the PAO.
FISCAL IMPACT:
This grant will add $252,000 to the Jefferson County MRC budget for marine and nearshore
ecosystem stewardship projects in East Jefferson County.
RECOMMENDATION:
Signature for approval. Please note that once County review is complete and the grant
agreement is approved, Ecology will require signatures via DocuSign to execute the
agreement. DocuSign link for signature will be sent via email directly to Heidi Eisenhour and
Philip Hunsucker,prior to meeting date where this agreement will be included on the agenda.
REVIEWED BY:
Jos eters, County Administrator Date
CONTRACT REVIEW FORM clear Fonn
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: WA Dept of Ecology Contract No: SEANWS-2025
Contract For: Jeff Co Marine Resources Committee Term: 10/1/2025-9/30/2027
COUNTY DEPARTMENT: WSU Extension
Contact Person: Katie Kowal
Contact Phone: 360-379-5610 x230
Contact email: kkowal@co.jetterson wa us
PROCESS:
AMOUNT: $252,000 — Exempt from Bid Process
Revenue: $252,000 _ Cooperative Purchase
Expenditure: _ Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sourccs(s)of Matching Funds Vendor List Bid
Fund# RFP or RFQ
Munis Org/Obj Other: Grant agreement
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.08(1 AND CHAPTER 42.23 RCW.
CERTIFIED: I I N/A:c "Q U�-�� 9/9/2025
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY. ! 1/` 1^
CERTIFIED: I N/A: a ' W4w lL`� 9/9/2025
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 9/11/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 9/11/2025.
State grant agreement. Hard to change.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
DEPARTMENT OF
ECOLOGY
1111511 State of Washington
Agreement No. SEANWS-2025-JeCoWS-00013
SHORELANDS NORTHWEST STRAITS AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
JEFFERSON COUNTY
•
This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,hereinafter
referred to as"ECOLOGY,"and Jefferson County,hereinafter referred to as the"RECIPIENT,"to carry out with the
provided funds activities described herein.
GENERAL INFORMATION
Project Title: Jefferson County MRC Operations and Projects
2025-2027
Total Cost: $252,000.00
Total Eligible Cost: $252,000.00
Ecology Share: $252,000.00
Recipient Share: $0.00
The Effective Date of this Agreement is: 10/01/2025
The Expiration Date of this Agreement is no later than: 09/30/2027
Project Type: Northwest Straits Grant
Project Short Description:
This grant will be used to fund the Jefferson County Marine Resources Committee's(MRC)(RECIPIENT)operations
and projects from October 1,2025,through September 30,2027.This project will protect and restore local marine
resources in Jefferson County.
Project Long Description:
This agreement provides day-to-day operations and coordination of activities for the RECIPIENT.These include:
Bull kelp bed monitoring at North Beach,Port Townsend,WA.
Forage fish monitoring at three sites in Jefferson County.
Protection of three established eelgrass and shellfish habitat areas(Port Townsend Waterfront,Port Iladlock,Mystery
Bay)by encouraging boaters to respect voluntary no-anchor zones.
State of Washington Department of Ecology Page 2 of 37
Agreement No: SEAN WS-2025-JeCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
Support the expansion of Olympia oyster populations in east Jefferson County,specifically to form dense,natural,
sustainable native oyster beds that provide complex marine habitat,and benefits to a variety of marine species.
Overall Goal: •
To improve the health of local marine and nearshore ecosystems by 1)monitoring bull kelp beds,2)monitoring forage
fish spawning 3)protecting shellfish and eelgrass beds from boat anchors,and 4)supporting Olympia oyster restoration
efforts in Washington State Department of Fish and Wildlife priority areas.
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State of Washington Department of Ecology Page 3 of 37
Agreement No: SEANWS-2025-JcCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
RECIPIENT INFORMATION
Organization Name: Jefferson County
Federal Tax ID: 91-6001322
UE1 Number: )~GN7DDMJA71I7
Mailing Address: 121 Oak Bay Rd
Port Hadlock,WA 98339
Physical Address: 121 Oak Bay Rd
Port Hadlock,Washington 98339
Organization Email: monica.montgomeryl@wsu.edu
Contacts
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State of Washington Department of Ecology Page 4 of 37
Agreement No: SEAN WS-2025-JeCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
Katherine Kowal
Project Manager,
Water Resources Program Coordinator
121 Oak Bay Rd
Port Hadlock,Washington 98339
Email: kkowal@co.jefferson.wa.us
Phone: (360)379-5610
Billing Contact Owen Rowe
Financial and Business Operations Coordinator
121 Oak Bay Rd
Port IIadlock,Washington 98339
Email: orowe@co.jefferson.wa.us
Phone: (360)379-5610
Amit Sharma
Authorized
Signatory
121 Oak Bay Rd
Port Hadlock,Washington 98339
Email: amit.sharmal@wsu.edu
Phone: (360)379-5610
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State of Washington Department of Ecology Page 5 of 37
Agreement No: SEANWS-2025-JeCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Shorelands
PO BOX 47600
Olympia,WA 98504-7600
Physical Address: Shorelands
300 Desmond Drive SE
Lacey,WA 98503
Contacts
Sasha Horst
Project
Manager
Breazeale-Padilla Bay Interp.Center 10441 Bayview Edison Rd.
Mt Vernon,Washington 98273-7242
Email: horst@nwstraits.org
Phone: (360)428-1084
Cindy James
Financial Financial Manager
Manager
1'O Box 47600
Olympia,Washington 98504-7600
Email: cjam461(v)ecy.wa.gov
Phone: (360)407-6485
•
•
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State of Washington Department of Ecology Page 6 of 37
Agreement No: SEANWS-2025-JeCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
AUTHORIZING SIGNATURES
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 this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions
of this Agreement,Scope of Work,attachments,and incorporated or referenced documents,as well as all applicable laws,
statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood,
and accepts all requirements contained within 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.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing,signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
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 and bind their respective
organizations to this Agreement.
Washington State Jefferson County
Department of Ecology
By: By:
Joenne McGerr Date Amit Sharma Date
Shorelands
Program Manager
Template Approved to Form by
Attorney General's Office
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State of Washington Department of Ecology Page 7 of 37
Agreement No: SEANWS-2025-JeCuWS-00013
Project tide: Jefferson County Mitt'Operations and Projects 2025-2027
Recipient Name: Jefferson County
Heidi Eisenhour
2025 Board of County Commissioners, Date
• Chair
Philip C.Hunsucker
227? for 09/11/2025
Approved as to Form,Jefferson County )ii
Chief Civil Deputy Prosecutor
•
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State of Washington Department of Ecology Page 8 of 37
Agreement No: SEANWS-2025-JeCoWSdI0013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 1 Task Cost: $210,400.00
Task Title: 1.MRC Operations
Task Description:
1.1 MRC Operations: Schedule,prepare/distribute agenda and post public notices of MRC meetings;prepare and distribute
minutes of MRC meetings;maintain current MRC membership list;recruit MRC members(if allowable by county)and provide
onboarding for new members;track volunteer hours,in-kind support and leveraged funds and provide information quarterly to
Northwest Straits Commission staff;communicate regularly with NWSC staff.
1.2 MRC Communication:Maintain MRC website(including current meeting schedules,agendas and projects);communicate
regularly with county council/commission;increase awareness of the purpose of the MRC and its role in the county;
communicate with relevant audiences about the projects and programs of the MRC.
1.3 MRC grant administration: Ensure that grant agreement is implemented on schedule with satisfactory deliverables;prepare
progress reports, final report and completion report for Northwest Straits Commission;track and administer budget,including
spending out on deadlines per state and federal fiscal years;manage sub-contracts as applicable and provide copies to
Northwest Straits Commission grant manager;prepare MRC workplan and MRC annual report to summarize MRC activities
and progress;communicate revisions to or concerns about carrying out the agreement to Northwest Straits Commission staff;
and prepare grant applications for MRC projects.
1.4 Training and representation:MRC members will attend Northwest Straits Initiative annual conference;MRC staff will
participate in regular meetings and forums for MRC staff;a representative of the MRC will attend each Northwest Straits
Commission meeting.
1.5 MRC Advisory:MRCs will serve as a resource to county government to help identify local marine conservation and
protection needs and recommend remedial actions;MRCs will advise county council/commission/executive on local and
regional marine issues as appropriate and as requested.
•
•
Task Goal Statement:
To carry out administrative functions in support of the mission(including work plan preparation,developing and preparing grant
proposals,programmatic staff support,project monitoring and performance tracking,education programs and grant writing),
travel,planning and participation in training opportunities.
Task Expected Outcome:
a.MRCs have a documented process to recruit and train members to be active participants and contributors to the work of the
MRC.
b.Information about projects and the work of the MRC is accessible and shared regularly through presentations,meetings,and
web site.
c.The MRC meets regularly in a public forum that is promoted locally to community members and decision makers.
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State of Washington Department of Ecology Page 9 of 37
Agreement No: SEANWS-2025-JcCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
d.The MRC is informed of and contributes to the work of the Northwest Straits Commission.
e.The value of volunteer hours and other local contributions to the work of the MRC is documented and shared with the
Commission and the County.
f The work of the MRC is planned in advance through an annual workplan and documented in an annual report.
g.MRC members and staff contribute to other relevant local and regional processes related to marine issues.
Recipient Task Coordinator: Katherine Kowa1
1.MRC Operations
Deliverables
Number Description Due Date
1.1 Progress Report
1.2 Quarterly Reporting of Meeting Agendas ,Minutes and Reports to the
Commission
1.3 Matching FundsNolunteer Time tracking
1.4 Annual Workplan
1.5 Annual Report
1.6 Closeout Report due by agreement expiration
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State of Washington Department of Ecology Page 10 of 37
Agreement No: SEANWS-2025-JeCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 2 Task Cost:$1,000.00
Task Title: 2.Community Monitoring
Task Description:
2.1 Forage fish:'l'he RECIPIENT will conduct monthly forage fish spawning surveys at Washington Dept of Fish and Wildlife
(WDFW)index sites at Siri's Cove and Dabob Bay,and at the Quilcene Yacht Club restoration site.The RECIPIENT will
begin background research for sampling at the restoration site at Fort Worden Pier.Depending on the restoration timeline for
Fort Worden State Park,may begin forage fish sampling during this grant period at the site.
2.2 Bull kelp: The RECIPIENT will conduct bull kelp monitoring at North Beach in Port Townsend as part of a regional,
long-term data collection project with the Northwest Straits Commission.The RECIPIENT will also share information about
the importance of kelp.
The RECIPIENT will prepare a Quality Assurance Project Plan(QAPP)or QAPP Waiver for the collection and analysis of
environmental data.This plan will go through a review process and must be approved by ECOLOGY and fully signed and
uploaded to EAGL prior to initiating monitoring activities.
The RECIPIENT will submit a year one and year two bull kelp summary report,including monitoring and summary of any
outreach activities,materials,and presentations.
Task Goal Statement:
Develop a better understanding of temporal and spatial forage fish spawning trends across index sites in the region.Assess
forage fish spawning use and changes related to restoration projects to help inform efficacy of restoration at each site.
Improve our collective understanding of trends in bull kelp and stay connected with local research efforts.
Task Expected Outcome:
Forage fish and kelp data from sites in Jefferson County will be provided to state agencies,contributing to regional mapping;
databases,and improved understanding of these marine resources and long-term trends at the local and regional levels.
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State of Washington Department of Ecology Page 11 of 37
Agreement No: SEANWS-2025-JeCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
Recipient Task Coordinator: Emily Buckner,Sarah Fisken,Janette Mestre
2.Community Monitoring -
Deliverables
Number Description Due Date
2,1 Year 1 forage fish Quality Assurance Project Plan.
2 2 Year 1 bull kelp Quality Assurance Project Plan.
2.3 Year 1 forage fish summary report.
2.4 Year 1 bull kelp summary report(including monitoring and summary of any
outreach activities,materials,and presentations).
2.5 Year 2 forage fish Quality Assurance Project Plan.
2.6 Year 2 bull kelp Quality Assurance Project Plan.
2 7 Year 2 forage lish summary report.
2 8 Year 2 bull kelp summary report(including monitoring and summary of any
outreach activities,materials,and presentations).
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Agreement No: SEANWS-2025-JeCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 3 Task Cost: $5,400.00
Task Title: 3.Voluntary No-Anchor Zones
Task Description:
The RECIPIENT previously installed eight spar buoys indicating a voluntary no-anchor zone to protect eelgrass in Port
Townsend,and an additional four buoys in Port Hadlock and four buoys in Mystery Bay to prevent damage and fecal coliform
pollution in the shellfish harvest area.
The RECIPIENT will conduct regular maintenance,including cleaning buoys of fouling algae and invertebrates,swapping
winter and summer buoys at the Port Townsend Waterfront site,diving to check buoy anchoring equipment,and responding to
any buoy issues or public inquiries.
Die RECIPIENT will also provide presentations on the project by request of local organizations and will regularly monitor the
No-Anchor Zones for boater compliance from May-November, including daily monitoring during the Wooden Boat Festival in
early September.
The RECIPIENT will submit annual project reports summarizing the project activities and results for each year.
Task Goal Statement:
The goal is to use a voluntary method to have boaters change behaviors when anchoring in order to help conserve eelgrass and
shellfish habitat.
Task Expected Outcome:
In Port Townsend the eelgrass bed extetit and density will remain relatively stable,barring other enviromnental factors,and
boaters will have an increased understanding of how to avoid damaging eelgrass when anchoring in the area.In Port Hadlock
and Mystery Bay,the project will limit fecal coliform exposure from boat waste and reduce physical damage to shellfish beds.
•
Recipient Task Coordinator: Gordon King
3.Voluntary No-Anchor Zones
Deliverables
Number Description Due Date
3.1 2026 No-Anchor Zone Annual Summary Report.
3.2 2027 No-Anchor Zone Annual Summary Report.
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Agreement No: SEANWS-2025-JeCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 4 Task Cost:$35,200.00
Task Title: 4.Olympia Oyster Restoration •
Task Description:
The RECIPIENT currently has three existing Olympia oyster restoration sites in South Discovery Bay—identified as North
Powerlines site,South Powerlines site,and Lagoon site,where there is a small but stable extant Olympia oyster population.
The RECIPIENT will continue to place shell at all sites,as needed,to provide substrate for larvae to settle on and will monitor
the number,size,and recruitment of Olympia oysters annually.
The RECIPIENT will continue to assess potential sites for restoration across East Jefferson County with guidance from
Washington Department of Fish and Wildlife(WDFW)and other partners. The RECIPIENT will submit a project plan and
timeline for Kilisut Harbor,including properties for restoration,restoration approach,benchmarks.
The RECIPIENT will prepare a Quality Assurance Project Plan(QAPP)or QAPP Waiver for the collection and analysis of
environmental data. This plan will go through a review process and must be approved by ECOLOGY and fully signed and
uploaded to EAGL prior to initiating monitoring activities.
The RECIPIENT will submit annual project reports summarizing project activities and results for each year.
Task Goal Statement:
The goal of this project is to expand Olympia oyster populations in East Jefferson County by taking actions to form dense,
natural,sustainable native oyster beds that provide complex marine habitat and benefits to a variety of marine species that live,
feed or migrate through the low intertidal zone.
Task Expected Outcome:
The expected outcome within the grant timeline is larger,self-sustaining Olympia oyster populations,and a more informed and
engaged community of Olympia oyster volunteers.
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Agreement No: SEANWS-2025-JeCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
Recipient Task Coordinator: Neil I Iarrington
4.Olympia Oyster Restoration
Deliverables
Number Description Due Date
4 t 2026 Olympia Oyster QAPP.
4 2 2026 Olympia Oyster Annual Summary Report.
4.3 Project plan and timeline for Kilisut Harbor,including properties for
restoration,restoration approach,benchmarks.
4.4 2027 Olympia Oyster QAPP.
4.5 2027 Olympia Oyster Annual Summary Report.
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Agreement No: SEANWS-2025-JeCoWS-00013
Project title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
BUDGET
Funding Distribution EG260117
NOTE: The above funding distribution number is used to identf this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budge!.
Funding Title: General Fund—State 2025-26 Funding Type: Grant
Funding Effective Date: 10/01/2025 Funding Expiration Date: 06/30/2026
Funding Source:
Title: General Fund-State
Fund: FD
Type: State
Funding Source%: 100%
Description: To distribute equally among the seven Puget Sound Marine Resources Committees.
Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT:30%
Recipient Match%: 0%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? Yes
General Fund—State 2025-26 Task Total
1.MRC Operations ti 62,000.00
2.Community Monitoring S 0.00
3.Voluntary No-Anchor Zones S 0.00
4.Olympia Oyster Restoration 5 3,000.00
Total: S 65,000.00
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State of Washington Department of Ecology Page 16 of 37
Agreement No: SEANWS-2025-JeCoWS-000l3
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
BUDGET
Funding Distribution EG260118
•
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY Your agreement may have multiple
funding distribution numbers to identify,each budget.
Funding Title: General Fund—State 2026-27 Funding Type: Grant
Funding Effective Date: 07/01/2026 Funding Expiration Date: 06/30/2027
Funding Source:
Title: General Fund-State
Fund: FD
Type: State
Funding Source%: 100%
Description: To distribute equally among the seven Puget Sound Marine Resources Committees.
Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT:30%
Recipient Match%: 0%
InKind Interlocal Allowed: No
InKind Other Allowed: No
is this Funding Distribution used to match a federal grant?
General Fund—State 2026-27 Task Total
1.MRC Operations S 62,000.00
2.Community Monitoring )����
3.Voluntary No-Anchor Zones S 1,300.00
4.Olympia Oyster Restoration S 1,700.00
Total:$ 65,000.00
"Template Version 12/10/2020
Tor
State of Washington Department of Ecology Page 17 of 37
Agreement No: SEANWS-2025-JeCoWS-00013
Project fide: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
BUDGET
Funding Distribution EG260119
NOTE: The above funding distribution number is used to ident f this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budge!.
Funding Title: Puget Sound Partnership/EPA 2025-26 Funding Type: Grant
Funding Effective Date: 10/01/2025 Funding Expiration Date: 09/30/2026
Funding Source:
Title: Puget Sound Partnership/EPA
Fund: FD
Type: Federal
Funding Source%: 100%
Description: Northwest Straits Commission and Marine Resources Committees
Federal Awarding Agency: Environmental Protection Agency
Federal Awarding Agency Contact: Ahren Stroming
Federal Awarding Agency Phone: 360-918-1337
Federal Awarding Agency Email: ahren.stroming@psp.wa.go
Federal Awarding Agency Address: PO Box 40900,Olympia WA 98504-0900
CFDA Catalog Name: National Estuary Program
CFDA Number: 66.456
FAIN: • CE01 J97401
Research Grant: No
Federal Award Date: 10/1/2021
Total Federal Award Amount: $3,400,000.00
Federal Funds Obligated To Recipient: $61,000.00
Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT:30%
Recipient Match%: 0%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? Yes
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State of Washington Department of Ecology Page 18 of 37
• Agreement No: SEANWS-2025-JeCoWS-00013
Project title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
Puget Sound Partnership/EPA 2025-26 Task Total
1. MRC Operations S 42,300.00
2.Community Monitoring $ 500.00
3.Voluntary No-Anchor Zones $ 2,700.00
4.Olympia Oyster Restoration $ 15,500.00
Total: $ 61,000.00
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Agreement No: SEANWS-2025-JeCoWS-00013
Project title: Jefferson County 11,1RC Operations and Projects 2025-2027
Recipient Name: Jefferson County
BUDGET
Funding Distribution EG260120
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title: Puget Sound Partnership/EPA 2026-27 Funding Type: Grant
Funding Effective Date: 10/01/2026 Funding Expiration Date: 09/30/2027
Funding Source:
Title: Puget Sound Partnership/EPA
Fund: FD
Type: Federal
Funding Source%: 100%
Description: Northwest Straits Commission and Marine Resources Committees
•
•
Federal Awarding Agency: Environmental Protection Agency
Federal Awarding Agency Contact: Ahren Stroming
Federal Awarding Agency Phone: 360-918-1337
Federal Awarding Agency Email: ahren.stroming@psp.wa.go
Federal Awarding Agency Address: PO Box 40900,Olympia WA 98504-0900
CFDA Catalog Name: National Estuary Program
CFDA Number: 66.456
FAIN: CE01J97401
Research Grant: No
Federal Award Date: 10/1/2021
Total Federal Award Amount: S3,400,000.00
Federal Funds Obligated To Recipient: S61,000.00
Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT:30%
Recipient Match%: 0%
InKind Interlocal Allowed: No
InKind Other Allowed: No
is this Funding Distribution used to match a federal grant? Yes
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State of Washington Department of Ecology Page 20 of 37
Agreement No: SEANWS-2025-JeCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
Puget Sound Partnership/EPA 2026-27 Task Total
1.MRC Operations S 44,100.00
2.Community Monitoring 5 500.00
3.Voluntary No-Anchor Zones $ 1,400.00
4.Olympia Oyster Restoration $ 15,000.00
Total:$ 61,000.00
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Agreement No: SEANWS-2025-JeCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
Funding Distribution Summary
Recipient/Ecology Share
Funding Distribution Name Recipient Match "AI Recipient Share Ecology Share Total
General Fund—State 2025-26 0.00 % $ ()I n i $ 65,000.00 $ 65,000.00
General Fund—State 2026-27 0.00 % $ 0 00 ' 65,000.00 $ 65,000.00
Puget Sound Partnership/EPA 0.00 % $ 00 S 61,000.00 $ 61,000.00
2025-26
Puget Sound Partnership/EPA 0.00 % $ 0.00 $ 61,000.00 S 61,000.00
2026-27
Total $ (I.I11) 'S 252.01)11.01) S 252,090.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SEAN WS-2025
Federal Terms and Conditions
Credit and Acknowledgement
Reports,documents,signage,videos,or other media, developed as part of projects funded by EPA funded Agreements shall
display both the EPA and Puget Sound Partnership logos and the following credit line: "This project has been funded wholly or
in part by the United States Environmental Protection Agency under Assistance Agreement CE-02J98701-0.The contents of
this document do not necessarily reflect the views and policies of the Environmental Protection Agency,nor does mention of
trade names or commercial products constitute endorsement or recommendation for use."
I. Nondiscrimination Laws and Social Policies
The requirements described in this section,when applicable, apply to the organization receiving EPA financial assistance itself,
rather than the project receiving EPA funding.Most EPA financial assistance recipients and subrecipients are subject to the
laws and policies described below.As provided in 2 CFR 200.300, the general terms and conditions of EPA grants implement
these requirements.This list of nondiscrimination and social policy requirements is for informational purposes only and is not
intended to provide guidance on compliance in the context of a particular EPA assistance agreement.If it appears that one or
more of these requirements may apply,pass-through entities should consult with their EPA Project Officer for advice.
a. Non-Discrimination Laws
Title VI of the Civil Rights Act of 1964,Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Section
504 of the Rehabilitation Act of 1973,The Age Discrimination Act of 1975.These four laws prohibit discrimination in the
provision of services or benefits,on the basis of race,color,national origin,sex,disability or age,in programs or activities
receiving federal financial assistance.
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Pursuant to EPA's regulations on"Nondiscrimination in Programs receiving Federal Assistance from the Environmental
Protection Agency,"in 40 CFR Part 5 and 40 CFR Part 7 the pass-through entity must agree,and require all subrecipients to
agree,not to discriminate on the basis of race,color,national origin,sex,disability or age.The fact that the regulations do not
address discrimination on the basis of age does not exempt recipients from compliance with the later-enacted Age
Discrimination Act.
b. Executive Order 11246
Part III of Executive Order No. 11246(September 24, 1965)as amended prohibits discrimination in Federally assisted
construction activities.As provided in section 301 of the Executive Order,Pass-through entities must ensure that subrecipients
include the seven clauses specified in section 202 of the Order in all construction contracts.Section 302 defines"Construction
contract"as"any contract for the construction,rehabilitation,alteration,conversion,extension,or repair of buildings,highways,
or other improvements to real property."Contracts less than$10,000 are exempt from the requirements of the Order.
c. Executive Order 13798
Executive Order 13798 established a policy of promoting free speech and religious liberty.It reinforces the requirement that
religious organizations be allowed to participate in Federal fmancial assistance programs on an equal footing with other
organizations without being required to alter their religious character. States or other public grantees may not condition
subawards in a manner that would disadvantage grant applicants based on their religious character.
d. Disadvantaged Business Enterprises(updated 04/24/2025)
EPA regulations at 40 CFR Part 33,"Participation by Disadvantaged Business Enterprises in U.S.Environmental Protection
Agency Programs"set forth requirements to ensure nondiscrimination in the award of contracts under EPA financial assistance
agreements.These requirements apply to subrecipients in accordance with 40 CFR
33.102 and the definition of"Recipient"in 40 CFR 33.103_Pursuant to a class exception issued on March 17,2025, the EPA
is suspending negotiations of fair share objectives with recipients under 40 CFR Part 33,Subpart D;recipient reporting
requirements under 40 CFR 33.502;and the compliance and enforcement provisions under 40 CFR 33.105. EPA is also
waiving the requirement to collect the fmal EPA Form 5700-52A,MBE/WBE Utilization Under Federal Grants and
Cooperative Agreements as part of the closeout procedures of an EPA award.The class exception was authorized pursuant to
the authority in 2 CFR,Section 1500.4(b).For additional details see the Recipient/Applicant Information Notice RAIN-2025-
G02.
e. Consultation with State and Local Officials
The Demonstration Cities and Metropolitan Development Act and the intergovernmental Cooperation Act instructed federal
agencies to consult with local officials to ensure smoother coordination of their assistance programs and to ensure that projects
funded under federal programs are consistent with local planning requirements.Similarly,Executive Order 12372 as amended
(1983)established procedures for intergovernmental review of federal financial assistance projects.EPA has implemented
these requirements in 40 CFR Part 29.
EPA financial assistance programs subject to intergovernmental review may be found at:
https://www.epa.gov/grants/epa-financial-assistance-programs-subject-executive-order-
12372-and-section-204-demonstration.Executive Order 12372 exempts tribal programs from intergovernmental review.
If intergovernmental review is required,and neither EPA nor the pass-through entity complied with 40 CFR Part 29 prior to •
award because the location of subaward projects had not been determined,the pass-through entity must comply with
intergovernmental review requirements after award.Intergovernmental review requirements vary among the states.As
provided at 40 CFR 29.9(d)if a state does not have a single point of contact for intergovernmental review,the recipient must
offer directly affected State,area-wide,regional and local officials an opportunity to comment on the subrecipient's proposed
project.
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f. Clean Air Act and Clean Water Act
Section 306 of the Clean Air Act(CAA)and section 508 of the Clean Water Act(CWA),as implemented by Executive Order
11738(1973),prohibit performance of Federal assistance agreements at facilities disqualified due to certain violations of the
CAA or CWA.Disqualified facilities arc listed in the System for Award Management.Pass-through entities must ensure that
subrecipients are not disqualified and that they are aware of the requirement to check SAM,to determine if facilities that will be
used to perform contracts or subawards are listed in SAM.
2. Financial Management Policies
These policies apply to transactions financed by EPA financial assistance funds and apply to both pass-through entities and
subrecipients on the basis of either regulatory requirement or the General Terms and Conditions (T&C)of the pass-through
entity's agreement with EPA.Pass-through entities should consult with their EPA Project Officer for advice if they have
questions regarding how these policies apply to a particular subaward.
a. Federal Funding Accountability and Transparency Act
As set forth in the General Condition of the pass-through entity's agreement with EPA entitled"Reporting Subawards and
Executive Compensation"the pass-through entity must ensure that subrecipients comply with Federal Funding Accountability
and Transparency Act(HATA)reporting requirements.Pass-through entities may use the terms of their subaward agreement
or other effective means to meet their responsibilities.
b. Suspension and Debarment
The pass-through entities responsibilities are described at 2 CFR Part 180, Subpart C and the"Debarment and Suspension"
T&C of the pass-through entity's agreement with EPA.These requirements,which include checking SAM to ensure that
potential contractors,subrecipients and their principals and agents are not suspended,debarred or otherwise ineligible to
participate in Federal assistance programs also apply to subrecipients.it is important to note that in addition to being precluded
from all fast tier contracts and all contracts requiring EPA approval in accordance with 2 CFR 180.220 under 2 CFR
1532.220 suspended or debarred parties may not receive EPA funded contracts in excess of$25,000 at any tier.Also,at 2
CFR 1532.995 EPA has identified
activities that suspended or debarred parties may not perform as a"Principal"in EPA financial assistance agreements and
subawards.
c. Limits on Fees Charged by Individual Consultants
EPA s Fiscal Year 2009 Appropriation Act(Pub.L. 111-8)restricts the amount of EPA fmancial assistance that recipients
may use to compensate individual consultants. EPA implements this requirement at 2 CFR 1500.10(a)and the"Consultant
Cap"T&C.Pass-through entities must ensure that subrecipients comply with the limitation on compensation for individual
consultants through the terms of their subaward agreements or another effective means.Additional information regarding when
the consultant fee limit applies is available in the Best Practice Guide for Procuring Services,Supplies,and Equipment Under
EPA Assistance Agreements and the Interim General Budget Development Guidance for Applicants and Recipients of EPA
Financial Assistance.
d. Management Fees
EPA policy prohibits recipients and subrecipients from charging management fees or making similar arrangements to receive
EPA financial assistance in excess of direct or Federally approved indirect cost rates.This prohibition is implemented by the
Management Fees T&C.Pass-through entities must ensure that subrecipients comply with this requirement through the terms
of their subaward agreements or another effective means.
e. New Restrictions on Lobbying,40 CFR Part 34
All recipients of EPA funds,including subrecipients,arc subject to the requirements in 40 CFR Part 34.For example,
pass-through entities must ensure that subawards in excess of$100,000 require that subrecipients submit certification and
disclosure forms required by 40 CFR 34.110 and the"Lobbying and Litigation"Term and Condition.
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f. Uniform Grant Guidance Requirements(UGG)
Subrecipients must comply with 2 CFR Part 200 requirements including,but not limited to,when they award procurement
contracts,make subawards,and incur other costs borne by EPA financial assistance. Pass-through entities must ensure that
subrecipients comply with this requirement through the terms of their subaward agreements or another effective means.
g. Build America,Buy America Act
Pass-through entities must ensure subrecipients comply with the Buy America sourcing requirements under the Build America,
Buy America(BABA)provisions of the infrastructure Investment and Jobs Act (IIJA)(P.L. 117-58, §§70911-70917).The
BABA requirements apply to expenditures for projects for which funds have been obligated on or after May 14,2022 under a
Federal financial assistance program for infrastructure,unless the expenditures are subject to an EPA-approved waiver.The
BABA provisions require that all of the iron,steel,manufactured products,and construction materials used in these projects be
produced in the United States. The BABA sourcing requirements apply to an entire infrastructure project,even if it is funded
by both Federal and non-federal funds under one or more awards.
Pass-through entities and subrecipients must implement these requirements in their procurements,and these requirements must
be included in the terms of all subawards and contracts at any tier.For descriptions of general applicability waivers,legal
definitions and sourcing requirements,pass-through entities and subrecipients must consult EPA's BABA website.
When supported by a rationale provided in Section 70914 of the IIJA,pass-through entities and/or sub-recipients,as
appropriate,may submit a project-specific waiver to EPA.Guidance on the submission instructions of an EPA waiver request
will be available on the EPA BABA website.A list of approved EPA waivers is available on the EPA BABA website.
3. Environmental Authorities
These requirements typically apply when an EPA funded project involves construction,rcmcdiation of contamination in water,
soil,or buildings,and similar activities which alter the physical environment.Other environmental laws may apply to a project
independent of EPA binding.Financial assistance for research,training,technical assistance and related outreach,environmental
education,program operations,or installation of pollution control equipment on vehicles or vessels, are generally not affected
by these requirements.Note that this list of environmental authorities is for informational purposes only and is not intended to
provide guidance on compliance in the context of a particular EPA assistance agreement.If it appears that one or more of these
requirements may apply,pass-through entities should consult with their EPA Project Officer for advice.
a. National Environmental Policy Act
Where applicable,the National Environmental Policy Act(NEPA)requires federal agencies to conduct an environmental
review of their proposed actions,with a view toward ensuring informed decision-making and public input. EPA's NEPA
regulations are at 40 CFR Part 6,and note that certain EPA actions are exempt from NEPA.Pass-through entities and
subrecipients may be required to assist EPA with NEPA compliance,where appropriate.
b. National Historic Preservation Act
Section 106 of the NHPA requires federal agencies to take into account the effects of their undertakings on historic properties
and to provide the Advisory Council on Historic Preservation(ACHP)a reasonable opportunity to comment on such
undertakings.Under the ACHP's regulations,consultations generally occur in the first instance with state and/or tribal historic
preservation officials,with direct ACHP involvement in certain cases. EPA funded projects with the potential to affect historic
properties—i.e.,properties listed in or eligible for listing in the National Register of Historic Places—may implicate this statute.
This may include,for instance,EPA-funded projects that involve alteration of structures(e.g.,asbestos abatement)that arc
historic properties or construction/remcdiation on culturally sensitive lands.
Pass-through entities should work with their Project Officer to ensure that subrecipients are available to work with EPA on any
required consultation process with the State or Tribal Historic Preservation Office prior to commencing the project to ensure
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compliance with section 106 of the NIIPA.
c. Archeological and Historic Preservation Act
This law applies if archeologically significant artifacts or similar items are discovered after an EPA funded construction project
has begun,and compliance may be coordinated with the NHPA,discussed above.The AHPA requires federal agencies to
identify relics,specimens,and other forms of scientific,prehistorical,historical,or archaeologic data that may be lost during the
construction of federally sponsored projects to ensure that these resources are not inadvertently transferred,sold,demolished
or substantially altered,or allowed to deteriorate significantly.Pass-through entities must ensure that subrecipients performing
construction projects are aware of this requirement and pass-through entities must notify EPA if the AHPA is triggered.
d. Protection of Wetlands,Executive Order 11990(1973),as amended
EPA funded projects involving new construction in wetlands may implicate this Executive Order.The terms and conditions of
the EPA assistance agreement may require pass-through entities to ensure that subrecipients assist EPA in determining whether
a proposed project will be located in(or affect)a wetland,and if so,evaluating practicable alternative locations for the project
or other mitigation.
e. Flood Plain Management,Executive Order 11988(1977),as amended,and Executive Order 13690(2015)
EPA funded projects that are in or will affect a flood plain are covered by these Executive Orders and Water Resources
Council guidance.EPA assistance agreement terms and conditions may require pass-through entities to ensure that
subrecipients work with EPA to evaluate practicable alternatives or other mitigation to reduce flood risks and protect flood
plains.
f. Farmland Protection Policy Act
This statute requires EPA to use criteria developed by the Natural Resources Conservation Service (NRCS)to identify the
potential adverse effects of Federal programs on farmland and its conversion to nonagricultural uses,to mitigate these effects,
and to ensure that programs arc carried out in a manner that is compatible with the farmland preservation policies of state and
local governments,and private organizations.Pass-through entities and their subrecipients may need to work with EPA or
NRCS,as appropriate,to ensure compliance.
g. Coastal Zone Management Act
This statute requires EPA to ensure that Agency funded activities in coastal areas are consistent with state coastal zone
management plans that have been approved by the Department of Commerce.Pass-through entities and subrecipients should
consult directly with the state Coastal Zone Management agency during the planning stages to ensure that the EPA funded
project will be consistent with the state's coastal zone management plan.
h. Coastal Barriers Resources Act
This statute restricts federal fmancial assistance that would encourage development in the Coastal Barriers Resources System,
a collection of undeveloped and ecologically sensitive barrier formations along the Atlantic and Gulf Coasts of the United
States,and the shore areas of the Great Lakes,and adjacent wetlands,marshes,estuaries,inlets,and near-shore waters.
During the planning phase of a proposed project located in the Coastal Barriers Resources System,pass-through entities and
subrecipients should consult with the state Coastal Zone Management agency to determine whether a proposed project will
have an effect on the system,and if so,the alternative sites or mitigating measures that must be incorporated in the project's
design. •
i. Wild and Scenic Rivers Act
This statute prohibits federal assistance for water resource projects that would have direct and adverse effects on,invade,or
unreasonably diminish,the special values of a congressionally designated wild and scenic river.Pass-through entities and
subrecipients should consult with appropriate state or federal(National Park Service or Bureau of Land Management)agency
to determine whether the project or any alternatives under consideration may affect a designated river.
j. Endangered Species Act(ESA)
This statute requires Federal agencies to ensure that their activities are not likely to jeopardize endangered species,adversely
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modify designated critical habitats,or incidentally take(injure or kill)endangered animals without authorization,in consultation
with the appropriate federal wildlife agency(the U.S. Fish and Wildlife Service or National Marine Fisheries Service)as
described in 50 CFR Part 402.The ESA consultation process is triggered when an action"may affect"ESA-protected species
or critical habitat.
Pass-through entities and subrecipients should coordinate with EPA to ensure consultation occurs where appropriate."
k. Magnuson-Stevens Fisheries Conservation and Management Act
Magnuson-Stevens Fisheries Conservation and Management Act as amended by The Sustainable Fisheries Act of 1996 is
intended to manage and conserve Essential Fish Habitats(EFH). The National Marine Fisheries Service(NMFS)administers
the Act.Pass-through entities and subrecipients must coordinate with NMFS to determine whether a proposed project may
adversely affect an EFH.If an action may adversely affect an EFH,the subrecipient must complete an EFH consultation with
NMFS.
1. Clean Air Conformity Act
This statute prohibits any Federal assistance for an activity within a non-attainment or maintenance area that fails to conform to
an applicable State Implementation Plan.Pass-through entities and subrecipients should first consult with their state air
program's website to determine if an EPA funded activity is in a non-attainment or maintenance area.If the EPA funded activity
is within a non-attainment or maintenance area the pass-through entity and subrecipient should consult with the state air
program to determine conformity.Note that EPA regulations at 40 CFR 93.153(c)exempt a number of activities including
planning,studies,technical assistance and remediation under the Comprehensive Environmental Response,Liability and
Compensation Act(CERCLA).
m. Safe Drinking Water Act
Precludes the use of EPA financial assistance for projects that would contaminate sole source aquifers.Pass-through entities
and subrecipients must contact state officials to determine whether a sole source aquifer is in the vicinity of the proposed
project.If a sole source aquifer is in the project planning area,then the assistance recipient,in consultation with state ground
• water officials,must conduct investigations to determine if the aquifer could be contaminated by the project.If the project
could potentially affect ground
water supplies,the assistance recipient, in consultation with ground water officials,must elect an alternative site or devise
adequate mitigating measures.
4. National Defense.
a. Never Contract with the Enemy(P.L. 113-91)
This statute applies only to grants and cooperative agreements that are expected to exceed
$50,000 and that are performed outside the United States,including U.S. territories,and that are in support of a contingency
operation in which members of the Armed Forces are actively engaged in hostilities.The"Never Contract with the Enemy"
restrictions are implemented in 2 CFR Part 180. Recipients must ensure that none of the funds,including supplies and services,
received under Federal grants or cooperative agreements are provided directly or indirectly(including through subawards or
contracts)to a person or entity who is actively opposing the United States or coalition forces involved in a contingency
operation in which members of the Armed Forces are
actively engaged in hostilities.
b. Prohibition using Federal funds for certain telecommunications and video surveillance services or equipment(Section 889
of P.L. 115-232).
This statute prohibits using Federal funds to procure equipment,systems,or services,including equipment,systems,or services
produced or provided by entities identified as subject to the section 889. These entities are recorded in the System for Award
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Management exclusion list.Section 889 is implemented in 2 CFR 200.216 and the general terms and conditions of EPA
assistance agreements.EPA recipients,subrecipients,and borrowers under EPA funded revolving loan fund programs are
prohibited from obligating or expending loan or grant funds to procure or obtain;extend or renew a contract to procure or
obtain;or enter into a contract(or extend or renew a contract)to procure or obtain equipment,services,or systems that uses
covered telecommunications equipment or services produced by entities subject to section 889 as a substantial or essential
component of any system,or as critical technology as part of any system.
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
ECOLOGY 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.
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 finding 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:
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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<http://www.sam.govh 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 HATA 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
<https://www.govinfo.gov/content/pkg/PLAW-115pub12321pdf%PLAW-I15pub1232.pdf>,section 889,covered
telecommunications equipment is telecommunications equipment produced by lluawei'lechnologies Company or LIE
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)<https://sam.gov/SAM/>exclusion list.
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GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
07/01/2023 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGI.Edition."
(https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.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 CUITURAI,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:
• 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.
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• For projects with any federal involvement,comply with the National Ilistoric 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.
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 RECIPIENI'when the work described herein,or a portion thereof,has
been completed it;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.
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State of Washington Department of Ecology Page 31 of 37
Agreement No: SEANWS-2025-JeCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
• Recipient Name: Jefferson County
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.
10. CONTRACTING FOR GOODS AND SERVICES
RECiPIENT may contract to buy goods or services related to its perlormance 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 RECIPIENTS 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.
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State of Washington Department of Ecology Page 32 of 37
Agreement No: SEANW'S-2025-JeCoWSdIW13
Project Title: Jefferson County MRC Operations and Projects 2025-2027 •
Recipient Name: Jefferson County
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 dccision 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 Ilearings 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
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(ELM), unless the ECOLOGY Program instructs otherwise.The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into ElM,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 I.AW
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 arc 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.
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State of Washington Department of Ecology Page 33 of 37
Agreement No: SEANWS-2025-JeCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
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.
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.
20. PROGRESS REPORTING
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State of Washington Department of Ecology Page 34 of 37
Agreement No: SEANWS-2025-JeCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
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.
c) 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 RECIPIENTS 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.
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
attomey'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.
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State of Washington Department of Ecology Page 35 of 37
Agreement No: SEANWS-2025-JeCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
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.
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 from 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
RECIPIENTS liability to repay monies will be reduced by an amount reelecting 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 43.21 C 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.
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State of Washington Department of Ecology Page 36 of 37
Agreement No: SEAN WS-2025-JeCoWS-00013
Project Titre: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
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/Reg ulations-Permi ts/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 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
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State of Washington Department of Ecology Page 37 of 37
Agreement No: SEANWS-2025-JeCoWS-00013
Project Title: Jefferson County MRC Operations and Projects 2025-2027
Recipient Name: Jefferson County
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.
RECiPIF.NT'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.
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.
End of General Terms and Conditions
Template Version 12i 10/2020