HomeMy WebLinkAboutCONSENT Marine stewardship projects • JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Josh Peters, County Administrator
FROM: Katie Kowal, Water Resources Program Coordinator
Jefferson County Marine Resources Committee (MRC) and WSU Extension
DATE: Feb rvani 9
SUBJECT: 2026-2027 One Time Grant Program (OTGP) Agreement
STATEMENT OF ISSUE:
The Jefferson County Marine Resources Committee (MRC) has prepared a grant agreement
(OTGP-2026-JeCoWS-00106)between Jefferson County and the State of Washington
Department of Ecology that will be administered through the Northwest Straits Commission.
This grant will provide $147,000 of state and federal funding for MRC-sponsored marine
stewardship projects in East Jefferson County between January 1, 2026 and December 31, 2027.
ANALYSIS:
The grant agreement has been reviewed and approved by the PAO.
FISCAL IMPACT:
This grant will add $147,000 to the Jefferson County MRC budget for marine and nearshore
ecosystem stewardship and education outreach 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.
REVIEWED BY:
gli7le?‘
osh Peters, County Administrator Date
•
CONTRACT REVIEVP FORM Clear Fugm
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: State of WA Dept of Ecology Contract No: OTGP-2026
Contract For: Marine Resources Committee Term: 1/1/2026 - 12/31/2027
COUNTY DEPARTMENT: WSU Jefferson County Extension
Contact Person: Katie Kowal
Contact Phone: 360-379-5610 x230
Contact email: kkowal@coiofforson.wa.us
AMOUNT: 5147,000 00 PROCESS: _ Exempt from Bid Process
Revenue: $147,000 Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds .Vendor List Bid
Fund# RFP or RFQ
Munis Org/Obj I Other:Grant Agreement
APPROVAL STEPS:
STEP 1_DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑ N/A:n 11 Y 1/13/2026
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 Q��
CERTIFIED: 1-1 N/A: a 1 1/1312026__
Signature Date
STEP 3:RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 1/15/2026.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 1/15/2026.
State contract language - difficult 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
State of Washington
Agreement No. OTGP-2026-JeCoWS-00106
ONE TIME GRANT PROGRAM 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 Marine Resources Committee
Projects 2026-2027
Total Cost: $147,000.00
Total Eligible Cost: $147,000.00
Ecology Share: $147,000.00
Recipient Share: $0.00
The Effective Date of this Agreement is: 01/01/2026
The Expiration Date of this Agreement is no later than: 12/31/2027
Project Type: Ecology Grant
•
Project Short Description:
This grant will be used to fund the Jefferson County Marine Resources Committee(MRC)(RECIPIENT)
projects from January 1,2026,through December 31,2027.
Project Lone. Description:
This agreement provides for grant administration and implementation of projects for the RECIPIENT.These
include:
A.Education and Outreach:the RECIPIENT will plan and conduct hands-on public education events and
workshops.The RECIPIENT will continue partnering with other local organizations to host coupled speaker
presentations,and in-the-field activities to educate the public about local marine issues and conservation efforts.
R.Rain gardens: the RECIPIENT will maintain established rain gardens,and ensure they are properly
State of Washington Department of Ecology Page 2 of 38
Agreement No: OTGP-2026-JeCoWS-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
functioning to slow,filter,and infiltrate stormwater runoff.
Overall Goal:
The overall goal of this grant is to improve the health of local marine and nearshore ecosystems in Jefferson
County.
•
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Stale of Washington Department of Ecology Page 3 of 38
Agreement No: OTGP-2026-JeCoWS-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
RECIPIENT INFORMATION
Organization Name: Jefferson County
Federal Tax ID: 91-6001322
UEI Number: FGN7DDMJA7II7
Mailing Address: 121 Oak Bay Rd
Port Hadlock,WA 98339
Physical Address: 121 Oak Bay Rd
Port Hadlock,Washington 98339
Organization Email: kkowal@co.jefferson.wa.us
Contacts
Katherine Kowal
Project Manager Water Resources Program Coordinator
121 Oak Bay Rd
Port Hadlock,Washington 98339
Email: kkowal@co.jetlerson.wa.us
Phone: (360)379-5610 ext.230
Billing Contact Owen Rowe
Financial and Business Operations Coordinator
121 Oak Bay Rd
Port Hadlock,Washington 98339
Email: orowe@co.jcfcrson.wa.us
Phone: (360)379-5610 ext.205
Amit Sharma
Authorized Director
Signatory
121 Oak Bay Rd
Port Hadlock,Washington 98339
Email: anrit.sharmal@wsu.edu
Phone: (360)379-5610 ext.202
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State of Washington Department of Ecology Page 4 of 38
Agreement No: OTGP-2026-JeCoWS-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
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
PO Box 47600
Olympia,Washington 98504-7600
Email: cjam461@ecy.wa.gov
Phone: (360)407-6485
Tana Oster
Technical
Advisor
Breazeale-Padilla Bay Interp.Center 10441 Bayview Edison Rd.
Mt Vernon,Washington 98273-7242
Email: DAOS461@ecy.wa.gov
Phone: (360)428-1043
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State of Washington Department of Ecology Page 5 of 38
Agreement No: OTGP-2026-JeCoWS-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
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 tenns 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 arc 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.
IN WITNESS WHEREOF: the parties hereto,having read this Agreement in its entirety,including all attachments,do
agree in each and every particular and have thus set their hands hereunto.
Washington State Jefferson County
Department of Ecology
•
•
13 Jan 2025 •
By: By:
Joenne McGerr Date Amit Sharma Date
Shorelands Director
Program Manager
Template Approved to Form by
Attorney General's Office
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State of Washinittun t),partrmat of Ecology Page 6 of 38
Agreement No: OTGP-2026-JeCnWS-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
Greg Brotherton
Chair,Board of County Commissioners Date
Philip C.Hunsucker
0 January 15,2026
Approved as to Form,Jefferson County Date
Chief Civil Deputy Prosecutor
•
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State of Washington Department of Ecology Page 7 of 38
Agreement No: OTGP-2026-JeCoWS-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 1 Task Cost:$117,800.00
Task Title: 1.Grant and Project Management
Task Description:
A.The RECIPIENT will administer the project.Responsibilities will include,but not be limited to:maintenance of
project records;submittal of requests for reimbursement and corresponding backup documentation;progress reports
and recipient closeout report(including photos);compliance with applicable procurement,contracting,and inter-local
agreement requirements;application ot;receipt of,and compliance with all required permits,licenses,easements,or
property rights necessary for the project;and submittal of required performance items.
B. The RECIPIENT must manage the project. Efforts will include: conducting,coordinating,and scheduling project
activities and assuring quality control. Every effort will be made to maintain effective communication with the
RECIPIENT's designee;the department;all affected local,state,or federal jurisdictions;and any interested individuals
or groups.The RECIPIENT must carry out this project in accordance with any completion dates outlined in this
agreement. Budget deviations arc allowed between budget objects,e.g.,the RECIPIENT may spend less money on one
task and more on another,but under no circumstances may the RECIPIENT exceed the total project cost. The approval
of the ECOLOGY Project Manager is required for this deviation.
C.The RECIPIENT will lead ongoing project coordination and planning for future project phases. Responsibilities will
include:coordinating with volunteer leads and project teams to develop,refine,and implement project strategies;
facilitating regular communication among volunteer participants and project staff;and ensuring volunteer activities
align with project objectives,timelines,and compliance requirements. The RECIPIENT will identify future project
needs and provide guidance to support effective task organization and documentation.The RECIPIENT will ensure
that planning efforts and volunteer coordination activities arc documented and integrated into overall project
management and reporting requirements.
Task Goal Statement:
Properly manage and fully document the project in accordance with ECOLOGY's grant administration requirements.
Task Expected Outcome:
Properly maintained project documentation.
Recipient Task Coordinator: Katherine Kowal
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Agreement No: OTGP-2026-JeCoWS-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
1.Grant and Project Management
Deliverables
Number Description Due Date
1.1 Payment Requests/Progress Reports(PRPR)
1•2 Recipient Close Clot Report(RCOR)due by agreement expiration 12/31/2027
•
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Agreement No: OTGP-2026-JeCo W S-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 2 Task Cost:$14,000.00
Task Title: 2.Education and Outreach
Task Description:
The RECIPIENT will:
2.1 Develop and implement a marine education and community outreach program covering a range of marine topics
with targeted messaging,audiences,and strategies.
2.2 host hands-on public education events and workshops focused on recreational harvesters and shoreline property
owners.
2.3 Host the Marine Science and Stewardship Stage at the annual Port Townsend Wooden Boat Festival,a speaker
series to educate the public about MRC priority programs addressing marine conservation and stewardship.
The RECIPIENT will submit an annual project report,summarizing project activities and results for each year.
Task Goal Statement:
The goal of the project is to increase community awareness about local marine issues and inspire marine stewardship
to improve local nearshore and marine ecosystems.
Task Expected Outcome:
Expected outcomes include more engagement in community marine stewardship,increased sustainable harvesting
practices,reduced impacts to marine resources,and removal or prevention of shoreline armoring and the
implementation of natural solutions for erosion management.
Recipient lask C'oordivator: Brenda Johnson
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State of Washington Department of Ecology Page 10 of 38
Agreement No: OTGP-2026-JeCoWS-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
2.Education and Outreach
Deliverables
Number Description Due Date
2.1 Education and Outreach Plan 2026-27. Upload to EAGL.
22 2026 Education and Outreach Annual Summary Report(including
outreach activities,copies of materials/presentations,number of
participants,assessment of outreach efforts and results,photos).Upload
to EAGL.
2.3 2027 Education and Outreach Annual Summary Report(including
outreach activities,copies of materials/presentations,number of
participants,assessment of outreach efforts and results,photos).Upload
to EAGL.
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State of Washington Department of Ecology Page 11 of 38
Agreement No: OTGP-2026-JeCoW S-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 3 Task Cost:$15,200.00
Task Title: 3.Rain Gardens
Task Description:
Rain gardens are a green infrastructure and low-impact development technology used to effectively remove excess
nutrients and contaminants from stormwater runoff.The RECIPIENT is focused on maintaining the 19 established rain
gardens and cultivating neighborhood stewardship.
The RECIPIENT will:
3.1 Conduct an informal spring survey of all rain gardens to determine upcoming maintenance needs and rain garden
priority for work parties. Purchase and supply plants,mulch and other materials and tools.
3.2 Organize and advertise lbr monthly rain garden work parties,where MRC members and community volunteers
gather at one rain garden per month(or as needed)to provide needed maintenance.
3.3 Contract with a local landscape contractor for additional maintenance needs as directed.
3.4 Support long-term maintenance volunteers as needed to provide regular maintenance of their adopted gardens.
3.5 Contract to further develop the'Adopt-a-Rain-Garden'program,which is designed to encourage local residents to
become long-term stewards of one of the 19 rain gardens.
The RECIPIENT will hire a consultant(s)in accordance with the scope of work in this agreement. Services will be
secured in accordance with the State of Washington procurement procedures.
Where applicable,the RECIPIENT must request and receive written approval in advance by ECOLOGY's Project
Manager lbr reimbursement(s)for meals or light refreshments. Approved request forms must he submitted with the
corresponding Payment Request/Progress Report(PRPR)in EAGL.
The RECIPIENT will submit an annual project report,summarizing project activities and results for each year.
Task Goal Statement:
The goal of this project is to maintain established rain gardens and ensure they are properly functioning to slow,filter,
and infiltrate stormwater runoff in order to improve water quality in East Jefferson County.
Task Expected Outcome:
The expected outcomes include a strong community of rain garden champions and stewards,an increased
understanding about stormwater issues,and reduced stormwater and contaminants in the surrounding marine waters of
East Jefferson County.
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Agreement No: OTGP-2026-JeCoWS-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
Recipient Task Coordinator: Janette Mestre
3. Rain Gardens
Deliverables
Number Description Due Date
3.1 2026 Rain Garden Annual Summary Report with Planting Summary.
Upload to EAGL.
3.2 Signed consultant contract for adopt-a-rain garden program development.
Upload to EAGL.
3.3 2027 Rain Garden Annual Summary Report with Planting Summary.
Upload to EAGL.
3 a Adopt-a-Rain-Gardcn program materials and summary report from
contractor.Upload to EAGL.
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Agreement No: OTGP-2026-JeCoWS-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
BUDGET
Funding Distribution EG260422
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 identin,each budget.
Funding Title: WA ECY Northwest Straits FY23
Funding Type: Grant
Funding Effective Date: 01/01/2026 Funding Expiration Date: 12/31/2026
Funding Source:
Title: WA ECY Northwest Straits Marine Conservation Initiative FY23
Fund: Fll
Type: Federal
Funding Source%: 100%
Description: This award number NA23NMF4690358 supports the work described in the
Recipient's proposal entitled"WA ECY Northwest Straits Marine Conservation
Initiative FY23,"dated 03/27/2023 and revised 09/06/2023,which are incorporated
into the award by reference.
Federal Awarding Agency: NOAA
Federal Awarding Agency Contact: Catherine Schroeder
Federal Awarding Agency Phone: (916)642-9835
Federal Awarding Agency Email: catherine.schroeder@noaa.gov
Federal Awarding Agency Address: NMFS West Coast Regional Office(WCRO) 1201 Northeast
Lloyd Boulevard,Suite 1100 Portland,OR 97232
•
ALN Catalog Name: Congressionally Identified Awards and Projects
ALN Number: 11.469
FAIN: NA23NMF4690358
Research Grant: 10000229
Federal Award Date: 9/21/2023
Total Federal Award Amount: $3,000,000.00
Federal Funds Obligated To Recipient: $76,000.00
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Agreement No: OTGP-2026-JeCoWS-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
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?
WA ECY Northwest Straits FY23 Task Total
1. Grant and Project Management S 58,000.00
2. Lducation and Outreach $ 8,000.00
Rain (;arLILius $ 10.000.00
Total:$ 76,000.00
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State of Washington Department of Ecology Page 15 of 38
Agreement No: OTGP-2026-JeCo W S-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
BUDGET
Funding Distribution EG260423
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: WA ECY Northwest Straits FY24
Funding Type: Grant
Funding Effective Date: 01/01/2026 Funding Expiration Date: 12/31/2027
Funding Source:
Title: WA ECY Northwest Straits Initiative FY24
Fund: FD
Type: Federal
Funding Source%: 100%
Description: This award supports the work described in the Recipient's proposal entitled"WA
ECY Northwest Straits Marine Conservation Initiative FY24,"dated 02/07/2025,
which are incorporated into the award by reference.
Federal Awarding Agency: NOAA
Federal Awarding Agency Contact: Janine I lams
Federal Awarding Agency Phone: 301-427-8635
Federal Awarding Agency Email: janinc.harris@noaa.gov
Federal Awarding Agency Address: 1315 East-West Highway, Silver Spring,MI)20910
ALN Catalog Name: . Habitat Conservation
ALN Number: 11.463
FAIN: NA25NMFX46300077-f 1-01
Research Grant: No
Federal Award Date: 8/12/2025
Total Federal Award Amount: $1,000,000.00
Federal Funds Obligated To Recipient: $71,000.00
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Agreement No: OTGP-2026-JeCo W S-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
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?
WA ECY Northwest Straits FY24 Task Total
1.Grant and Project Management ti 59,800.00
2. Education and Outreach S 6,000.00
3. Ram Gardens S 5,200.00
Total:5 71,000.00
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Agreement No: OTGP-2026-JeCo W S-00106
Pmject Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
Funding Distribution Summary
Recipient/Ecology Share
Funding Distribution Name Recipient Match% Recipient Share Ecology Share Total
WA ECY Northwest Straits 0.00 % $ 0.00 $ 76,000.00 S 70,000.00
FY23
WA ECY Northwest Straits 0.00 % $ 0.00 71,000.00 $ 71,000.00
FY24
Total $ 0.00 S 147,000.00 S 147,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
Special Terms and Conditions
Outstanding NEPA Documentation and Restricted Availability of Funds
By accepting this award,the Recipient agrees to assist and cooperate with NOAA Fisheries in the preparation of any
outstanding National Environmental Policy Act(NEPA)compliance documentation. For purposes of NEPA compliance,
Phase 1 of the project includes meetings,planning,and design but does not include any on the ground activities.The
activities for which work can proceed(as described above)will have no significant individual or cumulative adverse
effects on the environment.The Recipient will not expend any funds for any implementation projects,which includes
any restoration activities until impacts have been assessed, and NEPA compliance documentation has been completed
by NOAA.At this time,there is no restriction on the amount of the total award funds available to the Recipient to
complete Phase 1 tasks outlined above that have no significant adverse impacts on the environment.Recipients who
plan any changes to the activities described in the award documentation approved by NOAA should contact their
Federal Program Officer at least 90 days in advance of any changes, so that NOAA can confirm that all environmental
compliance review is complete,and all documentation is in place.
Executive Order 14173:Ending Illegal Discrimination and Restoring Merit-Based Opportunity
This award term implements Executive Order 14173,90 FR 8633(Jan.21,2025),Ending Illegal Discrimination and
Restoring Merit-Based Opportunity. By accepting this U.S.Department of Commerce financial assistance award,the
recipient:(1)agrees that compliance in all respects with all applicable Federal anti-discrimination laws is material to
the government s payment decisions for purposes of section 3729(b)(4)of Title 31 United States Code;and(2)certifies
to the Department that it does not operate any programs promoting diversity,equity,and inclusion that violate any
applicable Federal anti-discrimination laws.
Compliance with Applicable Laws,Obtaining Permits,and Consultation Requirements
The Recipient is required to comply with national policy requirements consistent with 2 CFR 200.300 and Department
of Commerce Financial Assistance General Terms and Conditions,Section G.,or any successor Section.The Recipient
will ensure that implementation of the project will meet all Federal laws and regulations by obtaining all Federal,state,
and local permits and consultations applicable to the project prior to expenditure of award funds for those activities
requiring permits and consultations.This includes,but is not restricted to,consultations required under the Endangered
Species Act,Magnuson-Stevens Fishery Conservation and Management Act(Essential Fish Habitat),National Historic
Preservation Act,and Coastal Zone Management Act.The Recipient will be cognizant of all conditions and restrictions
required by their permits and consultations,and will immediately halt activities and contact their NOAA Technical
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Agreement No: OTGP-2026-JeCoWS-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
Monitor if events occur that threaten to violate the conditions or restrictions required by their permits and consultations.
The Recipient should provide a list of Federal,tribal,state,and local permits acquired for this project by email to the
NOAA Technical Monitor,and copies of permits or regulatory compliance may be requested.
Outreach and Communications
Department of Commerce Financial Assistance General Term and Condition G.05.k.3.,or any successor term,is
supplemented as follows consistent with NOAA s collaboration on this project.When possible,the Recipient should
coordinate with NOAA on outreach plans,events,products,and media coverage associated with the project.Only
documents that include a NOAA logo or quote from NOAA staff must be reviewed by NOAA,with sufficient time for
review.Grantees will provide copies of final outreach products,website mentions,press materials,photos,videos,etc.
via the standard progress reports to NOAA,or when available throughout the award period.Grantees will provide
NOAA with high-resolution before,during,and post-implementation photos of the project.Photos of the site prior to
construction and during project implementation should be submitted with progress reports or as requested by NOAA.
Acknowledgement of Project Contributors
The Recipient must display,where appropriate and practical,publicly visible signs indicating that the project has
received funding from the NOAA Restoration Center.These signs should also identify other contributing partners.
These contributions should also be acknowledged in all communications with the media and the public and in all
outreach related to the projects,consistent with Department of Commerce Financial Assistance Standard`Icrm and
Condition G.05.k.3.,or any successor term.
Project Safety
"l'he Recipient must have a written safety plan for management of the project,which should specifically address safety
of project personnel,associates,visitors,and volunteers.The Recipient must conduct a safety briefing for volunteers
immediately prior to their participation in hands-on restoration activities under this award. In addition,for any
Self-Contained Underwater Breathing Apparatus(SCUBA)diving activities in a project,it is the responsibility of the
Recipient to ensure that SCUBA divers are certified to a level commensurate with the type and conditions of the diving
activity being undertaken.Furthermore,it is the responsibility of the Recipient to ensure that any SCUBA diving
activities under this award meet,at a minimum,all applicable Federal,State,and local laws and regulations pertaining
to the type of SCUBA diving being undertaken.
Administrative Standard Award Conditions for National Oceanic and Atmospheric Administration (NOAA)Financial
Assistance Awards .
I.Scientific Integrity
A.General Guidelines
1.Maintaining Integrity.The non-Federal entity shall maintain the scientific integrity of research performed pursuant to
this grant or financial assistance award including the prevention,detection,and remediation of any allegations regarding
the violation of scientific integrity or scientific and research misconduct,and the conduct of inquiries,investigations,
and adjudications of allegations of violations of scientific integrity or scientific and research misconduct.All the
requirements of this provision flow down to subrecipients.
2.Peer Review.The peer review of the results of scientific activities under a NOAA grant,financial assistance award,
or cooperative agreement shall be accomplished to ensure consistency with NOAA standards on quality,relevance,
scientific integrity,reproducibility,transparency,and performance. NOAA will ensure that peer review of"influential
scientific information"or"highly influential scientific assessments" is conducted in accordance with the Office of
Management and Budget(OMB)Final Information Quality Bulletin for Peer Review and NOAA policies on peer
review,such as the Information Quality Guidelines.
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Agreement No: OTGP-2026-JeCoWS-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
3.In performing or presenting the results of scientific activities under the NOAA grant, financial assistance award,or
cooperative agreement and in responding to allegations regarding the violation of scientific integrity or scientific and
research misconduct,the non-Federal entity and all subrecipients shall comply with the provisions herein and NOAA
Administrative Order(NAO)202-735D,Scientific Integrity,and its Procedural Handbook,including any amendments
thereto.That Order can be found at http://nrc.noaa.gov/ScientificIntcgrityCommons.aspx.
4.Primary Responsibility.The non-Federal entity shall have the primary responsibility to prevent,detect,and
investigate allegations of a violation of scientific integrity or scientific and research misconduct.Unless otherwise
instructed by the grants officer,the non-Federal entity shall promptly conduct an initial inquiry into any allegation of
such misconduct and may rely on its internal policies and procedures,as appropriate,to do so.
By executing this grant, financial assistance award,or cooperative agreement the non-Federal entity provides its
assurance that it has established an administrative process for performing an inquiry,investigating,and reporting
allegations of a violation of scientific integrity or scientific and research misconduct;and that it will comply with its
own administrative process for performing an inquiry,investigation,and reporting of such misconduct.
5.The non-Federal entity shall insert this provision in all subawards at all tiers under this grant,financial assistance
award,or cooperative agreement.
B.Investigating Scientific Integrity or Scientific and Research Misconduct
1.Initiating Investigation.if the non-Federal entity or subrecipient determines that there is sufficient evidence to
proceed to an investigation,it shall notify the grants officer and,unless otherwise instructed,the non-Federal entity or
subrecipient shall:
a.Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to
either a finding regarding the violation of scientific integrity or scientific and research misconduct and an identification
of appropriate remedies or a determination that no further action is warranted.
h.if the investigation leads to a finding regarding the violation of scientific integrity or scientific and research
misconduct,obtain adjudication by a neutral third party adjudicator.The adjudication must include a review of the
investigative record and,as warranted,a determination of appropriate corrective actions and sanctions.
2.Finalizing Investigation.When the investigation is complete,the non-Federal entity shall forward to the grants officer
a copy of the evidentiary record,the investigative report,any recommendations made to the non-Federal entity
adjudicating official,the adjudicating official's decision and notification of any corrective action taken or planned,and
the subject's written response(if any).
C.Findings and Corrective Actions
If the non-Federal entity finds that scientific integrity has been violated or scientific and research misconduct has .
occurred,it shall assess the seriousness of the misconduct and its impact on the research completed or in process and
shall:
a.Take all necessary corrective actions,which includes,but are not limited to,correcting the research record,and,as
appropriate,imposing restrictions,controls,or other parameters on research in process or to be conducted in the future,
and
b.Coordinate remedial action with the grants officer.
Ii.Data Sharing Directive
The Data and Publication Sharing Directive for NOAA Grants,Cooperative Agreements,and Contracts ensures that
environmental data funded extramurally by NOAA are made publicly accessible in a timely fashion(typically within
two years of collection),and that final manuscripts of peer-reviewed research papers are deposited with the NOAA
Central Library(upon acceptance by the journal,or no later than at time of publication).Therefore,non-Federal entities,
or recipients,must make data produced under fmancial assistance publicly accessible in accordance with the Data
Management Plan included with the Proposal,unless the grant program grants a modification or an exemption.The text
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of the Directive is available at https://nosc.noaa.gov/EDMC/PD.DSP.php.
1.Data Sharing:Environmental data collected or created under this Grant, Cooperative Agreement,or Contract must be
made publicly visible and accessible in a timely manner, free of charge or at minimal cost that is no more than the cost
of distribution to the user,except where limited by law,regulation,policy,or national security requirements.Data arc to
be made available in a form that would permit further analysis or reuse:data must be encoded in a machine-readable
format,preferably using existing open format standards; data must be sufficiently documented,preferably using open
metadata standards,to enable users to independently read and understand the data.The location(internet address)of the
data should be included in the final report. Pursuant to NOAA Information Quality Guidelines,data should undergo
quality control(QC)and a description of the QC process and results should be referenced in the metadata.
2.Timeliness:Data accessibility must occur no later than publication of a peer-reviewed article based on the data,or
two years after the data are collected and verified,or two years after the original end date of the grant(not including any
extensions or follow-on funding),whichever is soonest,unless a delay has been authorized by the NOAA funding
program.
3.Disclaimer: Data produced under this award and made available to the public must be accompanied by the following
statement: "These data and related items of information have not been formally disseminated by NOAA,and do not.
represent any agency determination,view,or policy."
4.Failure to Share Data:Failing or delaying to make environmental data accessible in accordance with the submitted
Data Management Plan,unless authorized by the NOAA Program,may lead to enforcement actions,and will be
considered by NOAA when making future award decisions.Funding recipients are responsible for ensuring these
conditions are also met by sub-recipients and subcontractors.
5.Funding acknowledgement:Federal funding sources shall be identified in all scholarly publications.An
Acknowledgements section shall be included in the body of the publication stating the relevant Grant Programs and
Award Numbers.In addition,funding sources shall he reported during the publication submission process using the
FundRef mechanism(http://www.crossreforg/fundref/)if supported by the Publisher.
6.Manuscript submission:The final pre-publication manuscripts of scholarly publications produced with NOAA
funding shall be submitted to the NOAA Institutional Repository at https://repository.library.noaa.gov after acceptance,
and no later than upon publication,of the paper by a journal. NOAA will produce a publicly-visible catalog entry
directing users to the published version of the article.After an embargo period of one year after publication,NOAA
shall make the manuscript itself publicly visible, free of charge,while continuing to direct users to the published
version of record.
7.Data Citation: Publications based on data,and new products derived from source data,must cite the data used
according to the conventions of the Publisher,using unambiguous labels such as Digital Object Identifiers(DOIs):All
data and derived products that are used to support the conclusions of a peer-reviewed publication must be made
available in a form that permits verification and reproducibility of the results.
III.Audit Findings Follow-up and Corrective Action
In accordance with 2 C.F.R.§200.51 I and the Commerce Terms,an auditee is responsible for follow-up and corrective
action on all audit findings.For information on the summary of prior year audit findings and the corrective action plan,
please also refer to§200.511(b)(1)(2),and(3)(i)(ii)(iii),and refer to§200.516 Audit findings,paragraph(c).
Paragraph(c)Corrective action plan of 2 C.F.R.§200.511 Audit Findings Follow-up, further states that at the
completion of the audit,the auditee must prepare a corrective action plan to address each audit finding included in the
current year auditor's reports.As defined in 2 CFR Part 200,a corrective action means action taken by the auditee that:
(a)Corrects identified deficiencies;(b)Produces recommended improvements;or(c)Demonstrates that audit findings
are either invalid or do not warrant auditee action. The corrective action plan must provide the name(s)of the contact
person(s)responsible for corrective action,the corrective action planned,and the anticipated completion date.If the
auditee does not agree with the audit findings or believes corrective action is not required,then the corrective action
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plan must include an explanation and specific reasons.
NOAA as the cognizant,oversight,or Federal awarding agency of the auditee is responsible for follow-up on audit
findings to ensure that the auditee takes appropriate and timely corrective action.As part of audit follow-up, NOAA
must:(i)issue a management decision as prescribed in§200.52i Management decision;and(ii)monitor the recipient
taking appropriate and timely corrective action.For additional information on applicable Federal agency responsibilities
of NOAA for follow-up with corrective actions,see§200.513 Responsibilities.
IV.Audit Resolution
Recipients that expend$750,000 or more in Federal funds during the recipient's fiscal year in Federal awards must have
a single or program-specific audit conducted for that year in accordance with§200.501.As provided in §200.513,a
Federal awarding agency is responsible for issuing a management decision for findings that relate to Federal awards it
makes to recipients.
As further prescribed in DOC's Departmental Administrative Order(DAO)213-5 and 2 C.F.R.Part 200 Subpart F,
Department and operating unit personnel shall act promptly to resolve both the financial and nonfinancial issues
identified in an audit report.Comments,arguments,and evidence(if any)submitted by the auditee and the operating
unit shall be considered in resolving the findings. A DOC decision on the resolution of audit findings and
recommendations will be made in accordance with the procedures and within the specified time frames identified in
DAO 213-5.
The audit action official shall issue the Management Decision and Audit Resolution Determination. The Management
Decision and Audit Resolution Determination will be maintained in the official grant file and a copy will be forwarded
to the Program Officer.
Recipients arc afforded the opportunity to appeal the Audit Resolution Determination.The appeal process is the last
opportunity for auditees to provide evidence to support their disputes. NOAA will not accept any submission from a
recipient regarding an appeal after the established deadline, unless requested by the Grants Officer, the Office of
Inspector General,or the Office of the General Counsel.
After the Department renders a decision on an appeal,there are no other administrative appeals available.
An audit of the award may result in the disallowance of costs incurred by the recipient and the establishment of a debt
(account receivable)due to DOC.
Recipients are responsible for the repayment of audit-related debts and for the collection of audit-related debts from
their sub recipients where an audit has determined funds are owed. This does not relieve the recipient of liability for the
debt.
Department of Commerce Financial Assistance Standard Terms and Conditions
This sets out the standard terms and conditions(ST&Cs)applicable to this U.S.Department of Commerce(DOC or
Commerce)financial assistance award(hereinafter referred to as the DOC ST&Cs or Standard Terms).A non-Federal
entity receiving a DOC fmancial assistance award must comply and require each of its subrecipients,contractors,and
subcontractors employed in the completion of the project to comply with all applicable statutes,regulations,executive
orders(E.O.$),Office of Management and Budget(OMB)circulars,provisions of the OMB Uniform Administrative
Requirements,Cost Principles,and Audit Requirements for Federal Awards(codified at 2 C.F.R.Part 200)(OMB
Uniform Guidance),provisions of these Standard'terms,and any other terms and conditions incorporated into this
DOC financial assistance award.in addition,unless otherwise provided by the terms and conditions of this DOC
fmancial assistance award,Subparts A through E of 2 C.F.R.Part 200 and the Standard Terms arc applicable to
for-profit entities,foreign public entities and to foreign organizations that carry out a DOC financial assistance award.
This award is subject to the laws and regulations of the United States.Any inconsistency or conflict in terms and
conditions specified in the award will be resolved according to the following order of precedence:federal laws and
regulations,applicable notices published in the Federal Register,E.O.s,OMB circulars,DOC ST&Cs,agency standard
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award conditions(if any),and specific award conditions. A specific award condition may amend or take precedence
over a Standard Term on a case-by-case basis,when indicated by the specific award condition.
Some of the Standard Terms herein contain,by reference or substance,a summary of the pertinent statutes,regulations
published in the Federal Register or Code of Federal Regulations(C.F.R.),E.O.s,OMB circulars,or the certifications
and assurances provided by applicants through Standard Forms(e.g.,SF-424s)or through DOC forms(e.g.Form
CD-511).To the extent that it is a summary,such Standard Term provision is not in derogation of,or an amendment to,
any such statute,regulation,E.O.,OMB circular,certification,or assurance.
A.PROGRAMMATIC REQUIREMENTS
.01 Other Federal Awards with Similar Programmatic Activities
The recipient must immediately provide written notification to the Grants Officer if,subsequent to receipt of the award,
other financial assistance is received to support or fund any portion of the scope of work incorporated into the DOC
award.DOC will not pay for costs that are funded by other sources.
.02 Disclaimer Provisions
The United States expressly disclaims all responsibility or liability to the non-Federal entity or third persons(including
but not limited to contractors)for the actions of the non-Federal entity or third persons resulting in death,bodily injury,
property damages,or any other losses resulting in any way from the performance of this award or any subaward,
contract,or subcontract under this award.
The acceptance of this award or any subaward by the non-Federal entity does not in any way constitute an agency
relationship between the United States and the non-Federal entity or the non-Federal entity's contractors or
subcontractors.
B.FINANCIAL REQUIREMENTS
.01 Financial Management
a.In accordance with 2 C.F.R. §200.302(a)(Financial Management),each State must expend and account for the
Federal award in accordance with State laws and procedures for expending and accounting for the State's own funds.In
addition,the State's and any other non-Federal entity's financial management systems, including records documenting
compliance with Federal statutes,regulations,and the terms and conditions of the Federal award, must be sufficient to
permit the preparation of reports required by general and program-specific terms and conditions;and the tracing of
funds to a level of expenditures adequate to establish that such funds have been used in accordance with Federal
statutes,regulations,and the terms and conditions applicable to the Federal award.See also 2 C.P.R. §200.450
(Lobbying)for additional management requirements to verify that Federal funds arc not used for unallowable lobbying
costs.
b.The financial management system of each non-Federal entity must provide all information required by 2 C.P.R.§
200.302(b).See also 2 C.F.R.§§200.334(Retention requirements for records);200.335(Requests for transfer of
records);200.336(Methods for collection,transmission and storage of information);200.337(Access to records);and
200.338(Restrictions on public access to records).
.02 Indirect or Facilities and Administrative Costs
a.Indirect costs(or facilities and administration costs(MA))for major institutions of higher education and major
nonprofit organizations can generally he defined as casts incurred for a common or joint purpose benefitting more than
one cost objective,and not readily assignable to the cost objectives specifically benefited,without effort
disproportionate to the results achieved. Indirect costs will not be allowable charges against an award unless permitted
under the award and specifically included as a line item in the award's approved budget.
b. Unrecovered indirect costs,including unrecovered indirect costs on cost sharing or matching,may be included as part
of cost sharing or matching as allowed under 2 C.F.R. §200.306(c)(Cost sharing or matching)or the terms and
conditions of a DOC award.
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c.Cognizant Agency for Indirect(F&A)Costs.OMB established the cognizant agency concept,under which a single
agency represents all others in dealing with non-Federal entities in common areas.The cognizant agency for indirect
costs reviews and approves non-Federal entities'indirect cost rates.In accordance with Appendices III—VII to 2 C.F.R.
Part 200 the cognizant agency for indirect costs reviews and approves non-Federal entities'indirect cost rates.
d.If the recipient fails to submit required documentation to DOC within 90 calendar days of the award start date,the
Grants Officer may amend the award to preclude the recovery of any indirect costs under the award.If the DOC,
oversight,or cognizant Federal agency determines there is a finding of good and sufficient cause to excuse the
recipient's delay in submitting the documentation,an extension of the 90-day due date may be approved by the Grants
Officer.
e.The maximum dollar amount of allocable indirect costs for which DOC will reimburse the recipient is the lesser of:
1.The line item amount for the Federal share of indirect costs contained in the approved award budget,including all
budget revisions approved in writing by the Grants Officer;or
2.The Federal share of the total indirect costs allocable to the award based on the indirect cost rate approved by the
cognizant agency for indirect costs and applicable to the period in which the cost was incurred,in accordance with 2
C.F.R 200 Appendix Iii,C.7,provided that the rate is approved on or before the award end date_
f.In accordance with 2 CFR§200.414(c)(3),DOC set forth policies,procedures,and general decision-making criteria
for deviations from negotiated indirect cost rates.These policies and procedures are applicable to all Federal financial
assistance programs awarded and administered by DOC bureaus as Federal awarding agencies and may be Ibund at
http://www.osec.doc.gov/oam/grants_management/policy/documents/FAM%202015-02.pdf.
g.In accordance with 2 CFR§200.414(g),any non-Federal entity that has a negotiated indirect cost rate may apply to
the entity's cognizant agency for indirect costs for a one-time extension of a currently negotiated indirect cost rate for a
period of up to four years,reducing the frequency of rate calculations and negotiations between an institution and its
cognizant agency.
h.in accordance with 2 CFR§200.414(0,any non-Federal entity that does not have a current negotiated(including
provisional)rate,except for those non-Federal entities described in paragraph D.1.b of Appendix VII to 2 CFR Part
200,may elect to charge a de minimis rate of 10 percent of modified total direct costs.No documentation is required to
justify the 10 percent de minimis indirect cost rate.
C.PROPERTY STANDARDS
.01 Standards
Each non-Federal entity must comply with the Property Standards set forth in 2 C.F.R. §§200.310(Insurance coverage)
through 200.316(Property trust relationship).
.02 Intellectual Property Rights
a.General.The rights to any work or other intangible property produced or acquired under a Federal award are
determined by 2 C.F.R. §200.315(Intangible property).The non-Federal entity owns any work produced or purchased
under a Federal award subject to the DOC's royalty-free,nonexclusive,and irrevocable right to obtain,reproduce,
publish,or otherwise use the work or authorize others to receive,reproduce,publish,or otherwise use the work for
Government purposes.
b.A non-Federal entity may copyright any work produced under a Federal award, subject to the DOC's royalty-free,
nonexclusive,and irrevocable right to obtain,reproduce,publish,or otherwise use the work,or authorize others to do
so for Government purposes. Works jointly authored by DOC and non-Federal entity employees may be copyrighted,
but only the part of such works authored by the non-Federal entity is protcctablc in the United States because,under 17
U.S.C.§ 105,copyright protection is not available within the United States for any work of the United States
Government.On occasion and as permitted under 17 U.S.C. § 105,DOC may require the non-Federal entity to transfer
to DOC a copyright in a particular work for Government purposes or when DOC is undertaking primary dissemination
of the work.
c.Freedom of information Act(FOIA). In response to a FOIA request for research data relating to published research
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findings(as defined by 2 C.F.R. §200.315(0(2))produced under a Federal award that were used by the Federal
government in developing an agency action that has the force and effect of law,the DOC will request,and the
non-Federal entity must provide,within a reasonable time,the research data so that they can he made available to the
public through the procedures established under the FOiA.
D.OTHER REQUIREMENTS PERI'AINING TO DOC FINANCIAL ASSISTANCE AWARDS,INCLUDING
SUBAWARD AND PROCUREMENT ACTIONS
.01 Nonprocurement Debarment and Suspension
Non-Federal entities must comply with the provisions of 2 C.P.R.Part 1326(Nonprocurement Debarment and
Suspension),which generally prohibit entities that have been debarred,suspended,or voluntarily excluded from
participating in Federal nonprocurement transactions either through primary or lower tier covered transactions,and
which set forth the responsibilities of recipients of Federal financial assistance regarding transactions with other
persons,including subrecipients and contractors.
.02 Requirements for Subawards
a.The recipient or pass-through entity must require all subrecipients,including lower tier subrecipients, to comply with
the terms and conditions of a DOC financial assistance award,including applicable provisions of the OMB Uniform
Guidance(2 C.F.K.Part 200),and all associated Terms and Conditions set forth herein.See 2 C.F.R. §200.101(b)(2)
(Applicability to different types of Federal awards),which describes the applicability of 2 C.F.R.Part 200 to various
types of Federal awards and§§200.331-333(Subrccipicnt monitoring and management).
b.The recipient or pass through entity may have more restrictive policies for the RTC waived prior approvals (no-cost
extensions,re-budgeting,etc.)for their subaward recipients. Such restrictive policies must be addressed in their
subaward agreements and in accordance with§200.331.
.03 Requirements for Procurements
Other Non-Federal Entities.All other non-Federal entities,including subrecipients of a State,must follow the
procurement standards in 2 C.F.R. §§200.318(General procurement standards)through 200.327(Contract provisions)
which include the requirement that non-Federal entities maintain written standards of conduct covering conflicts of
interest and governing the performance of their employees engaged in the selection,award,and administration of
contracts.No employee,officer,or agent may participate in the selection,award,or administration of a contract
supported by a Federal award if he or she has a real or apparent conflict of interest.
.04 Whistleblower Protections
This award is subject to the whistleblower protections afforded by 41 U.S.C. §4712(Enhancement of contractor
protection from reprisal for disclosure of certain information),which generally provide that an employee or contractor
(including subcontractors and personal services contractors)of a non-Federal entity may not be discharged,demoted,or
otherwise discriminated against as a reprisal for disclosing to a person or body information that the employee
reasonably believes is evidence of gross mismanagement of a Federal award,subaward,or a contract under a Federal
award or subaward,a gross waste of Federal funds,an abuse of authority relating to a Federal award or subaward or
contract under a Federal award or subaward,a substantial and specific danger to public health or safety,or a violation of
law,rule,or regulation related to a Federal award,subaward,or contract under a Federal award or subaward.These
persons or bodies include:
a.A Member of Congress or a representative of a committee of Congress.
b.An Inspector General.
c.The Government Accountability Office.
d.A Federal employee responsible for contract or grant oversight or management at the relevant agency.
e.An authorized official of the Department of Justice or other law enforcement agency.
f.A court or grand jury.
g.A management official or other employee of the contractor,subcontractor,or grantee who has the responsibility to
investigate,discover,or address misconduct.
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Non-Federal entities and contractors under Federal awards and subawards must inform their employees in writing of the
rights and remedies provided under 41 U.S.C.. §4712,in the predominant native language of the workforce.
E.NATIONAL POLICY REQUIREMENTS
.01 Environmental Requirements
Environmental impacts must be considered by Federal decision makers in their decisions whether or not to approve:(1)
a proposal for Federal assistance;(2)the proposal with mitigation;or(3) a different proposal having less adverse
environmental impacts.Federal environmental laws require that the funding agency initiate an early planning process
that considers potential impacts that projects funded with Federal assistance may have on the environment_Each non-
Federal entity must comply with all environmental standards,to include those prescribed under the following statutes
and E.O.s and must identify to the awarding agency any impact the award may have on the environment.In some cases,
award funds can be withheld by the Grants Officer under a specific award condition requiring the non-Federal entity to
submit additional environmental compliance information sufficient to enable the DOC to make an assessment on any
impacts that a project may have on the environment.
a.The National Environmental Policy Act(42 U.S.C.§§4321 et seq.)
b.Executive Order 11988(Floodplain Management)and Executive Order 11990(Protection of Wetlands)
c.Clean Air Act(42 U.S.C. §§7401 et seq.),Federal Water Pollution Control Act(33 U.S.C. §§ 1251 et seq.)(Clean
Water Act),and Executive Order 11738("Providing for administration of the Clean Air Act and the Federal Water
Pollution Control Act with respect to Federal contracts,grants or loans")
d.The Endangered Species Act(16 U.S.C. §§ 1531 et seq.)
e.The Coastal Zone Management Act(16 U.S.C. §§ 1451 et seq.)
f.The Safe Drinking Water Act of 1974,as amended,(42 U.S.C. §§300f et seq.)
g.The Resource Conservation and Recovery Act(42 U.S.C. §§6901 et seq.)
h.Executive Order 12898("Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations")
i.The Magnuson-Stevens Fishery Conservation and Management Act(16 U.S.C. § 1801 et seq.)
j.Clean Water Act(CWA)Section 404(33 U.S.C. § 1344)
k.Rivers and Harbors Act(33 U.S.C. §407)
1.The Migratory Bird Treaty Act(16 U.S.C. §§703-712),Bald and Golden Eagle Protection Act(16 U.S.C. §668 et
seq.),and Executive Order 13186(Responsibilities of Federal Agencies to Protect Migratory Birds,January 10,2001)
m.Executive Order 13112(Invasive Species,February 3, 1999)
n.Fish and Wildlife Coordination Act(16 U.S.C. §661 et seq.)
.02 OTHER NATIONAL POLICY REQUIREMENTS
a.Criminal and Prohibited Activities
1.The Program Fraud Civil Remedies Act(31 U.S.C. § 3801 et seq.),provides for the imposition of civil penalties
against persons who make false,fictitious,or fraudulent claims to the Federal Government for money(including money
representing grants,loans,or other benefits).
2.The False Claims Amendments Act of 1986 and the False Statements Accountability Act of 1996(18 U.S.C. §§287
and 1001,respectively),provide that whoever makes or presents any false,fictitious,or fraudulent statement,
representation,or claim against the United States must be subject to imprisonment of not more than five years and must
be subject to a fine in the amount provided by 18 U.S.C. §287.
3.The Civil False Claims Act(31 U.S.C. §§3729-3733),provides that suits can be brought by the government,or a
person on behalf of the government,for false claims made under Federal assistance programs.
4.The Copeland Anti-Kickback Act(18 U.S.C. §874),prohibits a person or organization engaged in a Federally
supported project from enticing an employee working on the project from giving up a part of his compensation under an
employment contract.The Copeland Anti-Kickback Act also applies to contractors and subcontractors pursuant to 40
U.S.C. §3145.
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5.The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 IJ.S.C. §4601 et seq.)
and implementing regulations issued at 15 C.F.R.Part 11,which provides for fair and equitable treatment of displaced
persons or persons whose property is acquired as a result of Federal or Federally-assisted programs.These requirements
apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.
6.The Hatch Act(5 U.S.C. §§ 1501-1508 and 7321-7326),which limits the political activities of employees or officers
of state or local governments whose principal employment activities are funded in whole or in part with Federal funds.
7.To ensure compliance with Federal law pertaining to financial assistance awards,an authorized representative of a
non-Federal entity may be required to periodically provide certain certifications to the DOC regarding Federal felony
and Federal criminal tax convictions,unpaid federal tax assessments,delinquent Federal tax returns and such other
certifications that may be required by Federal law.
b.Drug-Free Workplace
The non-Federal entity must comply with the provisions of the Drug-Free Workplace Act of 1988(41 U.S.C. §8102)
and DOC implementing regulations published at 2 C.F.R.Part 1329(Requirements for Drug-Free Workplace(Financial
Assistance)),which require that the non-Federal entity take certain actions to provide a drug-free workplace.
c.Federal Employee Expenses and Suhawards or Contracts Issued to Federal Employees or Agencies
1.Use of award funds(Federal or non-Federal)or the non-Federal entity's provision of in-kind goods or services for
the purposes of transportation,travel,or any other expenses for any Federal employee may raise appropriation
augmentation issues.In addition,DOC policy may prohibit the acceptance of gifts,including travel payments lbr
federal employees,from non-Federal entities regardless of the source.Therefore,before award funds may be used by
Federal employees,non-Federal entities must submit requests for approval of such action to the Federal Program
Officer who must review and make a recommendation to the Grants Officer. The Grants Officer will notify the
non-Federal entity in writing(generally through the recipient)of the fmal determination.
2.Anon-Federal entity or its contractor may not issue a subaward,contract or subcontract of any part of a DOC award
to any agency or employee of DOC or to other Federal employee,department,agency,or instrumentality,without the
advance prior written approval of the DOC Grants Officer.
d.Management and Access to Data and Publications
1.In General. The recipient acknowledges and understands that information and data contained in applications for
financial assistance,as well as information and data contained in financial,performance and other reports submitted by
recipients,may be used by the DOC in conducting reviews and evaluations of its financial assistance programs.For this
purpose,recipient information and data may be accessed,reviewed and evaluated by DOC employees,other Federal
employees,Federal agents and contractors,and/or by non-Federal personnel,all of who enter into appropriate or are
otherwise subject to confidentiality and nondisclosure agreements covering the use of such information.Recipients are
expected to support program reviews and evaluations by submitting required financial and performance information and
data in an accurate and timely manner,and by cooperating with DOC and external program evaluators.In accordance
with 2 C.F.R.§200.303(e),recipients are reminded that they must take reasonable measures to safeguard protected
personally identifiable information and other confidential or sensitive personal or business information created or
obtained relating to a DOC financial assistance award.
2.Scientific Data.Non-Federal entities must comply with the data management and access to data requirements
established by the DOC funding agency as set forth in the applicable Notice of Funding Opportunity and/or in Specific
Award Conditions.
3.Publications,Videos,and Acknowledgment of Sponsorship.
i.Publication of results or findings in appropriate professional journals and production of video or other media is
encouraged as an important method of recording,reporting and otherwise disseminating information and expanding
public access to federally-funded projects(e.g.,scientific research).Non-Federal entities must comply with the data
management and access to data requirements established by the DOC funding agency as set forth in the applicable
Notice of Funding Opportunity and/or in Specific Award Conditions.
ii.Non-Federal entities may be required to submit a copy of any publication materials,including but not limited to
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Agreement No: OTGP-2026-JeCo W S-00106
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Recipient Name: Jefferson County
print,recorded,or Internet materials,to the funding agency.
iii.When releasing information related to a funded project,non-Federal entities must include a statement that the
project or effort undertaken was or is sponsored by DOC and must also include the applicable financial assistance
award number.
iv.Non-Federal entities are responsible for assuring that every publication of material based on,developed under,or
otherwise produced pursuant to a DOC financial assistance award contains the following disclaimer or other disclaimer
approved by the Grants Officer:
This[report/video/etc.]was prepared by'recipient name'using Federal funds under awards NA23NMF4690358 and
NA25NMFX463C0077-T1-Ol from National Oceanic and Atmospheric Administration(NOAA),U.S.Department of
Commerce.The statements, findings,conclusions,and recommendations are those of the author(s)and do not
necessarily reflect the views of the[name of operating unit]or the U.S.Department of Commerce.
SPECIAL TERMS AND CONDITIONS
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.
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Recipient Name: Jefferson County
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<http://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 EOUIPMENT:
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-115pub1232/pdf/PLAW-l15pub1232_pdf>,section 889,covered
telecommunications equipment is telecommunications equipment produced by lluawei 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)<https:l/sam.gov/SAM/>exclusion list.
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Recipient Name: Jefferson County
•
•
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Agreement No: OTGP-2026-JeCo W S-00106
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Recipient Name: Jefferson County
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—EAGL
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)RECIPTENT'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:
•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).
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Agreement No: OTGP-2026-JeCoWS-00106
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Recipient Name: Jefferson County
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 ofArchaeology 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 fonn
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(i0fm.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.
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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
modilied 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 fmancial
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 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.
I1. 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
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Recipient Name: Jefferson County
review.
The decision of ECOLOGY from an appeal will be fmal 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 he 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 fmal 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(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.
I3. 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.
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Agreement No: OTGP-2026-JeCo W S-00l 06
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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
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
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Recipient Name: Jefferson County
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 I
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 RECIPIENT's possession,then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
1)Acquisition Projects.The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
I.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 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
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Recipient Name: Jefferson County
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 lin 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 ECOi.OGY,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
RECiPiENT's liability to repay monies will he 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.
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State of Washington Department of Ecology Page 37 of 38
Agreement No: OTGP-2026-JeCoWS-00I06
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
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/Regulations-Penni is/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 RECiPIE,NT 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 ECOi.OGY 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.
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State of Washington Department of Ecology Page 38 of 38
Agreement No: OTGP-2026-JeCoWS-00106
Project Title: Jefferson County Marine Resources Committee Projects 2026-2027
Recipient Name: Jefferson County
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.
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 12110i2020