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Home My WebLink About050211_ca06 __ Consent Agenda c~i-o- ~~~'>~I JEFFERSON COUNTY PUBLIC HEALTH ...IiJ,~~.. 615 Sheridan Street- Port Townsend -Washington - 98368 1f,",O.. www.jeffersoncountypubnchealth.org /" April 13, 2011 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST FROM: Board of County Commissioners Philip Morley, County Administrator Stuart Whitford, Environmental Health Director Michael Dawson, Water Quality Program Lead MA'I ~. :J..{) I l Agenda Item - Agency Agreement with the Department of Ecology for Hood Canal Watershed Clean Water Project, #Gll00189, Amendment #1; December 9,2010 - December 31,2014; language change only TO: DATE: SUBJECT: ~ATEMENT OF ISSUE: Jefferson County Public Health, Water Quality Division, requests Board approval of the Agency Agreement with the Department of Ecology for Hood Canal Watershed Clean Water Project, #Gll00189, Amendment #1; December 9, 2010 - December 31, 2014; language change only ~NALYSIS/STRATEGIC GO/lLSfPRO'S and CON'S: This is an amendment to the Hood Canal Watershed Oean Water Project. The existing contract expands on Public Health's current Hood Canal shoreline project to Identify pollution entering Hood Canal from non- poInt sources and take corrective actions. DOE Is modifying the grant language to meet federal requirements regarding suspension, debarment, Ineligibility, or voluntary exclusion. FISCAL IMPACT ICOST BENEFIT ANALYSIS: There Is no fiscal impact. RECOMMENDATION: JCPH management request approval of the Agency Agreement with the Department of Ecology for Hood Canal Watershed Clean Water Project, #Gll00189, Amendment #1; December 9, 2010 - December 31,2014; language change only tor ~/d- Date . COMMUNITY HEALTH DEVELOPMENTAL DISABILITIES MAIN: (360) 38&-9400 FAX: (360) 38&-9401 PUBLIC HEALTH AlWAYS WORKING FOR A SAFER AND HWTHIER COMMUNDY ENVIRONMENTAL HEALTH WATER QUALITY MAIN: (360) 385-9444 FAX: (360) 379-4487 ...... DEPARTMENT OF ECOLOGY State of Washington AMENDMENT NO. I TO GRANT AGREEMENT NO. GIIOOl89 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC HEALTH PURPOSE: To amend the above-referenced grant agreement between the Department of Ecology [DEPARTMENT] and Jefferson County Public Health [RECIPIENT] for the Hood Canal Clean Water project. This amendment is needed to add language to the grant agreement that supports compliance with federal requirements for suspension and debarment. IT IS MUTUALL Y AGREED that the grant agreement is amended as follows: 1) Attachment II: General Proiect Manae:ement Requirements For Federal Clean Water Act Section 319 - Funded Grants shall be modified as follows: a. The following shall be deleted: CERTIFICATION REGARDING SUSPENSION & DEBARMENT Federal Executive Order 12549 provides that Executive departments and agencies shall participate in a government-wide system for monitoring suspended, debarred, and excluded parties. These departments and agencies have further passed this requirement onto their recipients and have provided pertinent regulations in the Code of Federal Regulations. The RECIPIENT, by signing this agreement, certifies that it is not suspended, debarred, or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. The Web site for checking suspended, debarred, or excluded parties is 'WW\V.epls.gov. b. The following shall be added: CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION I. The RECIPIENT ICONTRACTOR, 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 Jefferson County Public Health Hood Canal Clean Water Page 2 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 the DEPARTMENT 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 Defmitions and Coverage sections ofmles implementing Executive Order 12549. You may contact the DEPARTMENT for assistance in obtaining a copy of those regulations.. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFRI80.330, 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 the DEPARTMENT upon request. RECIPIENT/CONTRACTOR must run a search in www.epls.gov and print a copy of completed searches to document proof of compliance. Jefferson County Public Health Hood Canal Clean Water Page 3 FURTHER, this amendment shall be effective December 9,2010. Except as expressly provided by this amendment, all other terms and conditions of the original grant agreement and all amendments remain in full force and effect. IN WITNESS WHEREOF: the parties have signed this amendment. STATE OF WASHINGTON DEPARTMENT OF ECOLOGY JEFFERSON COUNTY PUBLIC HEALTH KELL Y SUSEWIND, P.E., P.G. DATE WATER QUALITY PROGRAM MANAGER DAVID SULLIVAN -r; . ' DATE CHAIR BaCC --.JO~r'l AtAS+lh , (Revised 05/05/09) .l_pproved as t~ fonn only = I aL 4hlzDII .;~.fferson Co. Prosecutm Ot'tice APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL t r. ., l DEPARTiMENT OF ECOLOGY S ta teofWa shi n gto n CENTENNIAL CLEAN WATER PROGRAM (CENTENNIAL) AND FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND (SECTION 319) GRANT FuNnING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PuBLIC HEALTH GRANT AGREEMENT NUMBER GI100189 HOOD CANAL WATERSHED CLEAN WATER PROJECT TABLE OF CONTENTS PART I. GENERAL INFORJ\1A TION .............. ........................................ .................................... 1 PART II. PROJECT SUMMARy............................. .............. ....... ............................,..... .............. 3 PART III. PROJECT BUDGET ....... .......... .............. ........... ....... .......................... ...... ......... .... ....... 3 PART IV. PROJECT GOALS AND OUTCOMES ....................................................................... 4 PART V. SCOPE OF WORK............... ................ .............. ....... ........................ ............................. 5 PART YeA). SPECIAL TERMS AND CONDITIONS .................................................................. 9 P ART VI. ALL WRITINGS CONTAINED HEREIN ............................ ............. ............... ........... 9 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE CENTENNIAL CLEAN WATER PROGRAM AND THE FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND........... ........ ...................................... ..~... .............. 11 ARCHEOLOGICAL AND CULTURAL RESOURCES..._._ ...m ...... _.....: ............................... ..._._. _. _... _....................,.............. 1 ] BEST MANAGEMENT PRACTICES (BMP) IMPLEMENTATION ........................................._...........................................11 BMP }'RACKING/INVOICING..,...... ............. ......................_ ..... _..................., ............................ ............,...,.......... ,....... 13 CENTENNIAL-FUNDED PROJECTS USED TO MATCH SECTION 3I9-FUNDED PROJECTS ._...._..................,....................13 EDUCATION AND OU1REACH.....,....................................................... .............................................................. .......... 14 EQUIPMENT PURCHASE...... ......... ............. ...................................... .................................... ........ -.......................,...... 14 FUNDING RECOGNITION....... ........... ....,............ ................... ............_.......... ..........................,.,....... -.......................... 14 ~, INDIRECT RATE, ................... ...............................................- .-.... -.............................,.... .... ........., _.................... ......,.. 14 LIGHT REFRESHMENTS .... ..... ....................... ................. -'.." .-... -...... -.................................... ...._._. _....... ......... ............. 15 MATCHING REQUIREMENTS... ............................. ..... -... ".-.. ...-. -.............. ....... ........................ _............. ....... ......... _..... 15 MINORITY AND WOMEN'S BUSINESS PARTICIPATION............_.._....._............................................_............................_15 PAYMENT REQUEST SUBMITTALS......,............................. ................ ...... _... .._..... ........... ..................... ............... ........ 16 POST PROJECT ASSESSMENT .........................................................-......................................... ........... ...,......... .......... 16 PROCURE!\1ENT.....,..............,.... ......................................... _ ...... -......... ................ .......,.... ..... ........._._........ ...... ........... .17 PROGRESS REPORTS...................... .................................... _ .-." _.....-.......................................... _......... ....................... 17 REQUIRED DOCUMENT SUBMITTALS.............. -........................ -.............................................. _.......... ........ ........... ._._. 17 VOLUNTEER TJM:E DocUMENTATION ........................._........-...-.....-........................................................................... 18 WATER QUALITY MONITORING .....................-...................................................................................................._..._. 18 ATTACHMENT II: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR FEDERAL CLEAN WATER SECTION 319 FUNDED PROJECTS......................................... 20 CERTIFICATION REGARDING SUSPENSION & DEBARMENT ....-.............-..............,.....,................................................20 FINAL PAYMENT ......................................................................... -." -........................................... ..... ,... ..................... 20 FUNDING RECOGNITION.................................................. - ...-... -.-. -. -................;........................._ ._._......... ...................20 HOTEL AND MOTEL FIRE SAFETY ACT ............................_...-.......-.-............................................-.-...........,................20 SECTION 319 REpORTING REQUIREMENTS ......................................_.........................................................................20 SIGNAGE ................................................................................. _...... _................ .................................... ...,..................21 SMALL BUSINESS IN RURAL AREAS (SBRAS)...........................................................................................................21 SUBRECIPIENT COMPLIANCE ................................. .:................ ....... _.. _....................................................... ................ 2 I TIME EXTENSION................. ................ ................................ _....... _........... ................,................ ..... _..... ................ ...... 22 ATTACHMENT III: GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGy................................. 23 A. RECIPIENT PERFORMANCE .-.........-........................,............................_....._..._..................................._...........23 B. SUBGRANTEE/CONTRACTOR COMPLIANCE......,...............................u._...................................................23 C. THIRD PARTY BENEFICIARy............................................ ............ _.... ..........,..........................................,.....23 D. CONTRACTING FOR SERVICES (BIDDING)...............................................................................,.........,.......23 E_ ASSIGNMENTS ................................................................._._..._.................,............................-...........................23 F. COMPLIANCE WITH ALL LA WS .....................-..-............-...-...............,..........................................................23 G. KICKBACKS....................................................................... _....... _.. _....................................._ ...............,............. 24 H. AUDITS AND INSPECTIONS ....................................................._._..._.........................................._.................... 24 L PERFORMANCE REPORTING .........................................................._.................,................._...__......................24 J . COMPENSATION. -... -....... -...............................,.,............................. -........-.............................................,..........25 K. TERMINATION _.......-....-..............................................................-.....-...............................................................26 L. W AIVER.........._._._....._................................................................._...___.._._._....................................-.-...................26 M. PROPERTY Rl GHTS ........... -. -.. .........................,.... ..,.......................................................................... -.........,...26 N. SUSTAINABLE.PRODUCTS..._............_..._..._...................................................._._._..................................-........27 O. RECOVERY OF PAYMENTS TO RECIPIENT....................................................._..........................................,28 P. PROJECT APPROVAL ......................_._...-.-.-.-....................,........ .............................................................._........ 28 Q. DISPUTES..............................._ ............-.-... -........... ........................................ ...__........................ ......._......_ .__ -.....28 R. CONFLICT OF rnTEREST.... .............. -..... -... -....... ........................................ ..... _.. _ ..... _.................... ...._.. ..... _..... 29 S. rnDE~IFICATION ............................................-.-.-................,...........................-......-...............................h.h_29 T. GOVERNING LAW................ ............ ..h..... '_h. _. _.u u u.. ._.u........... ........................ ...h...... ._........................... ...._ _ 29 U. SEVERABILITy,.............................................. _. _.u u. _._. _.. _._.u...... .............................._ .....h u............. ......... ........29 V. PRECEDENCE.....,...... ........................... u h u. _ u... _. _... u...... _....... ............................... hh... u.. ._.......... ....................29 11 / i CENTENNIAL CLEAN WATER PROGRAM (CENTENNIAL) AND FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND (SECTION 319) FuNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC HEALTH THIS is a binding agreement between the state of Washington Department of Ecology (DEPARTMENl) and Jefferson County Public Health (RECIPIENT). The purpose of this agreement is to provide funds to the RECIPIENT, who will carry out the requirements described in this agreement. PARTI. GENERAL INFORMATION Project Title: Grant N mnber: State Fiscal Year: Total Project Cost: Total Eligible Cost: DEP ARTMENT Share: RECIPIENT Share: DEP AR TMENT Maximmn Percentage: Hood Canal Watershed Clean Water Proj ect Gll00189 2011 $664,938 $664,938 $498,703 $166,235 75% RECIPIENT Information RECIPIENT Name: Mailing Address: Fax Number: Federal Taxpayer rD Nmnber: Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 360-379-4487 91-6001322 PROJECT Manager: Email Address: phone Number: PROJECT Financial Officer: Email Address: Michael Dawson mdawson@co.jefferson.wa.us 360-385-9444 ext. 301 Veronica Shaw veronica@co.jefferson.wa.us 1 Phone Number: DEPARTMENT Contact Information Project Manager: Email Address: Phone Number: Address: o Northwest W A State Department of Ecology Northwest Regional Office 3190 1 60th Ave SE Bellevue, W A 98008-5452 Fax (425) 649-7098 rg] Southwest W A State Department of Ecology Southwest Regional Office P.o. Box 47775 Olympia, W A 98504-7775 Fax (360) 407-6305 o Bellingham W A State Department of Ecology Bellingham Field Office 1440 10th Street, Suite 102 Bellingham, W A 98225 Fax (360) 715-5225 Financial Manager: Email Address: Phone Number: Fax Number: Address: 360-385-9409 Tammy Riddell trid461@ecy.wa.gov 360-407-6295 o Central W A State Department of Ecology Central Regional Office 15 West Yakima Ave, Suite 200 Yakima, WA 98902-3452 Fax (509) 575-2809 o Eastern W A State Department of Ecology Eastern Regional Office N. 4601 Monroe Spokane, WA 99205-1295 Fax (509) 329-3570 Sean Mellon smel461 @ecy.wa.gov 360-407-6570 360-407-7151 W A State Department of Ecology Water Quality Program, FMS P.O. Box 47600 Olympia, WA 98504-7600 2 CHECK ALL THAT APPLY: . Section 319 Funds: (Catalog ofFederal Domestic Assistance No. 66.460) [g1 Yes Amount: $12,343 0 No . Centennial Funds (state ftmds): C8J Yes Amount: $486,360 0 No . If Centennial funded, will this project be used to match Section 319 funds? [g] Yes D No . Please indicate the appropriate Centenriial project category: [g1 Activities Project o On-site Septic Loan Program: Corresponding Loan Agreement Number: D Stormwater Project o Facilities Hardship Project: Corresponding Loan Agreement Number: o Activities Stormwater Hardship . Stonnwater Retrofit, Low Impact Development Funds DYes Amount: fZJ No . Prior Authorization Granted: D Yes If yes, Effective Date: rzJ No . Increased Oversight? 0 Yes ~ No The effective date oithis AGREEMENT is the date this AGREEMENT is signed by the DEPARTMENTs Water Quality Program Manager. Any work performed prior to the effective date of this AGREEMENT, without written Prior Authorization of the DEPARTMENT, will be at the sole expense and risk of the RECIPIENT. This agreement expires December 31,2014. Post Project Assessment date - three years after the expiration date of the agreement (see Post Project Assessment in Attachment I): December 31, 2017 PART II. PROJECT SUMMARY This project will address low dissolved oxygen, high temperatures and fecal coliform pollution in the streams and rivers flowing into Hood Canal. This will be accomplished through the planting of riparian vegetation, removal of invasive weeds, inspection and repair of on-site septic systems, and the control of agricultural waste. 3 PART III. PROJECT BUDGET , Hood Canal Watershed Clean Water Project l I I TOTAL TOTAL TASKS/OBJECTS PROJECT ELIGIBLE COST COST (TEC) 1 - Project AdministrationlManagement $54,250 $54,250 2 - Water Quality Sampling and Analysis $271,970 $271,970 3 - Pollution Identification and Correction $285,065 $285,065 4 ~ Public Outreach and Education $53,653 $53,653 Total $664,938 $664,938 The DEPARTMENrs Fiscal Office will track to the Total Eligible Cost. MA TCHING REQUIREMENTS DEP ARTMENT Share: 75% ofTEC $498,703 RECIPIENT Share: 25% ofTEC $166,235 Cash $127,501 InterIocal $38,735 Is any combination of the above match allowed? D Yes ~No PART IV. PROJECT GOALS AND OUTCOMES A. Financial Assistance Water Quality Proiect Goals: One or more of the selected following goals apply to this project. D Severe Public Health Hazard or Public Health Emergency eliminated. ~ Designated beneficial uses will be restored or protected, 303(d)-Listed water bodies restored to water quality standards, healthy waters prevented from being degraded. 4 o Regulatory compliance with a consent decree, compliance order, TMDL or waste load allocation, etc., achieved. B. Water Quality and Environmental Outcomes: The following are the anticipated water quality and environmental improvements from the project. Please include types and amounts of BMPs that will be installed, and the water quality parameters addressed and improvements to these parameters that will occur as a result of the project. 1. Reduce fecal coliform pollution through source control and inspection and repair of inadequate or failing on-site septic systems (OSS). 2. Control of agricultural waste through implementation of BMPs. 3. Remove invasive weeds and install native trees to address high temperature listings. C. Performance Items and Deliverables: The following are the anticipated action items that will play an integral role in implementation of the project. This includes items such as outreach and education, monitoring, technical assistance (farm plans, nutrient management plans, etc.), GIS mapping, and others. 1. Department approved QAPP. 2. Water quality data sets submitted at project completion. 3. Yearly reports demonstrating water quality trends (after project completion). 4. Contact 500 properties in the watershed and perform a minimum of 400 sanitary surveys. 5. Correct documented sources of fecal and nutrient contamination through a combination of enforcement oflocal OSS and Solid Waste Regulations and public education. 6. Report on OSS to DEPARTMENT quarterly. 7. Control 5,000 linear feet of invasive weeds along stream banks. 8. Plant 5,000 linear feet of stream bank with native trees. 9. Develop educational materials for workshops and informational meetings. RECIPIENT will create and mail out a postcard to keep the community informed about the dates these meetings will be held. PART V. SCOPE OF WORK Task 1- Proiect AdministrationlManagement (Total Task Cost: $54,250) A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. 5 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 RECIPIENTs designees; 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. . . C. The RECIPIENT must ensure this project is completed according to the details of this agreement. The RECIPIENT may elect to use its own forces or it may contract for professional services necessary to perfonn and complete project-related work. D. The RECIPIENT will submit to the DEPARTMENT's Project Manager the following documents and in the quantities identified: · Draft project completion report - one copy. . Final project completion reports - five copies. . Electronic copy of completion report ~ one copy. The project completion report will contain deliverables (milestones) from each task, a summary page stating the items completed in each task, and a table of contents. The draft completion report will be due 45 days before the project expiration date. Required Performance: L Effective administration and management ofthis grant project. 2. Timely submittal of all required performance items, progress reports, and financial vouchers. 3. Submittal of draft project completion report to the DEPARTMENT's Project Manager no later than November 15, 2014. 4. Write and submit a one to two page swnmary of project accomplishments and outcomes at project completion, including pictures, following the DEPARMENT's water quality stories format. Task 2 -Water Quality Sampline: and Analysis (Total Task Cost: $271,970) A. The RECIPIENT will submit a Quality Assurance Project Plan (QAPP) to the DEPARTMENT for approval prior to conducting any water quality sampling. The QAPP will outline the quality assurance methods and protocols the RECIPIENT will follow to assure the highest quality data collection and analysis work will occur throughout the project period. B. The RECIPIENT will sample approximately 50 sites (representative of the 2008 Cat 2 and 5 listings for conventionals and fecal coliform bacteria) a minimum of six times per year for three years. The RECIPIENT will identifY areas of concern based on sampling results and take additional samples to locate possible ass failure, agricultural contamination or other sources. 6 C. All sampling site location data will be collected via global positioning system (GPS) and mapped in a geographic information system (GIS). Required Performance: 1. Submit a draft QAPP to Ecology for review and approval by January 31,2011. 2. Submit water quality data sets on collected samples to the DEP ART~NT at project completion. 3. Submit yearly reports to Ecology demonstrating water quality trends after project completion. . 4. Enter collected data into the ElM database at least yearly and at project completion (December 2014). Task 3 - Pollution Identification and Correction (Total Task Cost: $285,065) A. The RECIPIENT will work with Jefferson County Conservation District (JCCD) to identify and correct sources of fecal coliform pollution from inadequate management of animal wastes and run-off. JCCD and RECIPIENT staff will work with landowners whose property is found to be contributing fecal coliform pollution. Implementation of BMPs to eliminate the sources of the pollution will be DEPARTMENT approved. All landowner consultations will be conducted based on an inspection template developed by JCCD in conjunction with the RECIPIENT.. B. The RECIPIENT will conduct sanitary surveys ofOSS within 250 feet of Washington State Department of Natural Resources (DNR) Type F and S streams. The purpose of the sanitary surveys will be to identify and correct failing on-site septic systems (OSS) contributing to the polluting of surface water. A minimum of 500 higher priority properties will be contacted, and a minimum of 400 sanitary surveys will be completed. High-priority OSS for surveying will include those near sites found to have high fecal coliform pollution and ass where the RECIPIENT has little or no information about the installed system. The RECIPIENT will conduct these sanitary surveys according to the Pollution Identification and Correction protocol adopted by the RECIPIENT and approved by the DEPARTMENT for similar projects throughout Jefferson County. The RECIPIENT will provide information to owners of failing systems about the low-cost septic loan program and about licensed professionals who can help.them. C. RECIPIENT will provide landowners with information about OSS maintenance and Enterprise Cascadia Septic Loans. D. RECIPIENT will follow up on suspect OSS with dye tracing when possible. E. RECIPIENT will ensure correction of fecal and nutrient sources using a combination of public education and enforcement (where necessary) of local solid waste and onsite sewage regulations. F. RECIPIENT and ICeD will identify degraded riparian areas as potential restoration sites and work with willing landowners to remove invasive weeds and plant native trees. 7 Plans for implementation of riparian BMPs will be submitted to the DEPARTMENTs project manager for review prior to implementation. Required Performance: 1. Prepare reports on BMP implementation to address water quality problems identified on all properties identified in the watershed that may be contributing livestock waste to runoff. 2. Conduct a minimum of 400 sanitary surveys in the-project area by June 2014. 3. Correct documented fecal and nutrient sources by December 2014. 4. Maintain records of surveys, dye testing, and correction activities. 5. Prepare and submit reports on the progress of the OSS sanitary survey to the DEP ARTMENT on a quarterly basis. 6. Implement control measures for invasive weeds along approximately 5,000 linear feet of Leland Creek or other degraded riparian areas by September 2014.. 7. Provide native trees for volunteer replanting in approximately 5,000 linear feet of degraded riparian areas. 8. BMP implementation plans submitted to DEPARTMENT project manager prior to implementation of BMPs. . Task 4 - Public Outreach and Education (Total Task Cost: $53l653) A. The RECIPIENT will hold two informational meetings to introduce the project to all residents in the proposed project area. The RECIPIENT will conduct these meetings in the northern and southern parts of the project area to assure proper public notification about the project. B. The RECIPIENT will develop and distribute a newsletter to be distributed annually to the residents in the project area. The newsletter will discuss project results, septic system maintenance, BMPs, water conservation tips and other key issues specific to the project area. A copy of the letter will be provided to the DEPARTMENT prior to distribution to the public. C. The RECIPIENT will hold four educational workshops throughout the project area to discuss proper operation and maintenance of ass with homeowners and other interested parties. Brochures and handouts will be provided to homeowners that describe the BMPs for their ass type. Homeowners will receive a brief project update at these workshops. Homeowners will be notified by print media, postcards, newsletters and on the website about these educational workshops in advance of the date to ensure good attendance. D. The RECIPIENT will hold two end-of-project meetings to discuss results of the project with the residents in the project area. Residents throughout the project area will be given notice of the meetings through ongoing print media, postcards, newsletters, website and a voluntary email distribution list. Required Performance: 1. Advertise informational meetings on the RECIPIENT website and in the local newspapers two weeks prior to project kick-off date. 8 2. Develop a DEPARTMENT approved postcard that will be sent to all homeowners in the area listing public meetings and workshops. 3. Develop educational and presentation tools for the workshops and informational meetings as needed. 4. Conduct two introductory project meetings, two end of project results meetings, and four workshops by December 2014. 5. Materials developed under this project will be submitted to the DEPATMENT's project manager for review and approval prior to final development. PART V(a). SPECIAL TERMS AND CONDITIONS A. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the proj ect within four months of the signatory date, the D EP AR TMENT reserves the right to terminate this agreement. PART VI. ALL WRITINGS CONTAINED HEREIN The following contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by referenc~, herein: . This agreement . Attachment I: General Project Management Requirements for the Centennial Clean Water Program and the Federal Clean Water Act Section 319 Nonpoint Source Fund . Attachment II: General Project Management Requirements For Federal Clean Water Section 319 Funded Grants . Attachment III: General Terms and Conditions . The effective edition, at the signing of this agreement, of the DEPARTMENTs "Administrative Requirements for Ecology Grants and Loans" . The associated funding guidelines that correspond to the fiscal year in which the project is funded . The applicable statutes and regulations. . The Federal Clean Water Act Section 319 Nonpoint Source Program Requirements No subsequent modifications or amendments of this agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part ofthis agreement, EXCEPT that in response to a request from the RECIPIENT, the DEP ARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the terms ofthis agreement, the attachments, all incorporated or referenced docmnents, as well as all applicable statutes, rules, and guidelines mentioned in this agreement. 9 . . IN WITNESS WHEREOF, the parties hereby execute this agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY JEFFERSON COUNTY PUBLIC HEALTH ~! , -, // ~~/' /~h0 L WIND P.E., P.G. - DATE ~ R QUALITY PROGRAM DIRECTOR MANAGER 1 2/1.0 10 DATE Da vid Sulli van Chair, BOCC AilJlro~'~d a. to fOm; ,r~9}zo}::J 10 A TT ACHMENT I: GENERAL PROJECT MANAGEMENT REQUIRKMENTS FOR THE CENTENNIAL CLEAN WATER PROGRAM AND THE FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND The Department of Historic and Archeological Preservation has provided guidance to initiate the 05-05 process that can be accessed online at: htto:/lwww.dahp.wa. gov/pages/DocumentslEnvirornnentaIReview.htm and http://www.dahp. wa.~ov/pageslEnvironmentaIReview/documents/eo0505Guidance OOO.pdf. BEST MANAGEMENT PRACTICES (BMP) IMPLEMENTATION If the RECIPIENT installs BMPs that are not approved by the DEPARTMENT prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. Technical assistance for eligible water quality-related agriculture activities provided under the terms of this agreement must be consistent with current U.S. Natural Resources Conservation Service (NRCS) standards and Technical Guide. Technical assistance, proposed practices, or project designs that do not meet these standards may be accepted if approved in writing by the NRCS and the DEPARTMENT. All restoration activities must be consistent with the Stream Habitat Restoration Guidelines, available at http://www.wdfW.wa.govlhab/ahg/shrg/index.htm. and the requirements below. If the RECIPIENT wishes to design a riparian buffer not consistent with the following requirements, the RECIPIENT must submit an adequate justification as to why these cannot be met and an alternate plan to the DEPARTMENT for review and approval. 1. Riparian Buffers: a. For agricultural areas, minimum buffer size for streams will be 35 feet (on both sides of the stream) measured from the top of the stream bank. For those streams which provide habitat for endangered or threatened aquatic species, the minimum buffer size will be two active stream channel widths (but not less than 35 feet on both sides). To maintain fully functional riparian ecosystems and provide sufficient habitat to meet the needs of fish and wildlife, it is recommended that the RECIPIENT use Washington Department ofFish and Wildlife buffer widths table whenever possible. 11 b. When buffers are to be created in forested areas, buffer width must also be consistent with Forest Practices Rules. c. The RECIPIENT must obtain a conservation easement or a landowner agreement signed by the landowner prior to the establishment of a riparian buffer on private property. The conservation easement must be consistent with Funding Guidelines FY 2010 - 2011_ The easement or a landowner agreement must be effective for a minimmn of ten years unless otherwise authorized by the DEPARTMENT. d. The RECIPIENT must develop a written and signed three-year maintenance plan prior to establishing all riparian buffers. This plan will detail responsibilities for both the landowner and the RECIPIENT and must include details concerning, but not limited to, watering plants, replacing dead plants, controlling noxious weeds, and repairing and maintaining buffer fencing. e. Buffers established as part of this grant may not violate county Critical Area Ordinances, county Shoreline Rules, or other state and local regulations. 2. Riparian Plantings: a. The RECIPIENT must develop plans for all riparian buffers prior to establishment which include plant locations and species. The plan must be based on an assessment of native plant associations and community types. b. The RECIPIENT must only plant species that are riparian in nature and indigenous to the primary watershed where the buffer is being established. (Ask the question, "Would this plant historically have occurred at this site?") c. The RECIPIENT must use, to the greatest extent possible, genetically appropriate plant materials collected from the primary or secondary watershed where the buffer is to be established. d. The RECIPIENT must utilize, to the greatest extent possible, plant species that are early successional within the primary watershed. Early successional species are those whose characteristics are such that they are first to colonize after a disturbance. 3. Streambank Protection: a. Streambank protection projects must not stand alone, but be part of a larger riparian buffer project. The project must include the buffer and planting requirements listed above. b. Rock should not be used to armor a bank against the erosive forces of a stream or river unless a bridge, road, or other manmade structure cannot be protected by any other means. In any situation where rock is to be used, the RECIPIENT must submit the design to the DEPARTMENT for an evaluation. 12 c. Streambank protection designs must be consistent with the ACluatic Habitat Guidelines: An Integrated Approach to Marine, Freshwater. and Riparian Habitat Protection and Restoration document provided by the DEPARTMENT upon request. 4. Livestock Watering: a. If the RECIPIENT proposes to convey water from a stream or river to a stock tank, the project must be consistent with the Policy for Conveying Stockwater Away From Streams to Protect Water Quality (Water Resources Program Policy POL-I025) and the requirements specified in the associated program funding guidelines. This policy allows small amounts of water consistent with historic practice.to be diverted to stockwater tanks for consumption by livestock. b. Off-stream watering systems will be the priority above designs that include water gaps in fencing for livestock access. If the RECIPIENT wishes to design water gaps, a plan must be submitted to the DEPART11ENT which details the design and a description of why off-stream systems cannot be utilized as well as detailing how potential impacts to water quality resulting from water gaps will be minimized. BMP TRACKINGIINvOICING If the RECIPIENT implements an off-stream water facility, livestock feeding area BMPs, or a direct seed program the RECIPIENT must track the costs by landowner in vouchers submitted to the DEPARlMENT in order to ensure that the entire eligible cost of that BMP is reimbursed in full and does not exceed the flllancial assistance limit established in the BMP guidance. CENTENNIAL-FUNDED PROJECTS USED TO MATCH SECTION 319-FuNnED PROJECTS If this project is being used by the DEPARTMENT to meet a matching requirement for the Section 319 program (as indicated on page 3 of this agreement), and the RECIPIENT must comply with Federal Section 319 reporting requirements. Required reporting includes project data on BMP implementation and annual pollutant load reduction. Section 319 Reportin~ ReCluirements. The RECIPIENT must complete the DEPARTIv1ENT's "Clean Water Act Section 319 Initial Data Reporting Sheet." This form must be submitted to the DEPARTMENT's Financial Manager with the first progress report. The RECIPIENT must complete the DEPARTMENT's "Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form." This form is used to gather information on load reduction for each best management practice (BMP) installed for the project. This form must be submitted to the DEPARTMENT'S Financial Manager by January 15 of each year, and at project close-out. Payment may be held until the form has been completed and submitted to the financial manager. 13 EDUCATION AND OUTREACH The RECIPIENT must do a regional search for existing materials before producing any new educational flyers or pamphlets. The RECIPIENT must request the use of those materials before time and resources are invested to duplicate materials that are already available. The RECIPIENT must also check the Washington Waters website http://www.ecv.wa.gov/washington waters/index.html for useful educational materials. These materials are available for public use and can be downloaded directly from the website. The RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy either on floppy disks or CD-ROM of any tangible educational products developed under this grant, such as brochures; manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements or gadgets, such as a refrigerator magnet with a message. If this is not practical, the RECIPIENT must provide a complete description including photographs or printouts of the product. The RECIPIENT must also supply the DEPARTMENT with the names and contact information of local project leads. If there are a significant number of people in the community that speak languages other than English, the RECIPIENT must produce all pamphlets; fliers; meeting notices, reports, and other educational and public outreach materials in English and in the other prevalent language. EQUIPMENT PURCHASE The following equipment will be eligible for purchase through this project: water quality monitoring equipment, (3) digital cameras, (2) Garmin Color Map hand held GPS units, wet weather gear. The total cost of all equipment purchased under this project will not exceed $7,000. Changes in equipment type must have prior approval from the DEPARTMENT. FUNDING RECOGNITION The RECIPIENT must inform the public about DEP AR TMENT or EP A funding participation in this project through the use of project signs; acknowledgement in published materials, reports, the news media, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from the DEPARTMENT upon request INDIRECT RATE To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent based on employees' direct salary and benefit costs incurred while conducting project~related work. The DEPARTMENT's Financial Manager may require a list of items included in the indirect rate at any time. 14 LIGHT REFRESHMENTS The RECIPIENT may spend up to $25.00 per meeting for light refreshments associated with this project. The total amount spent for light refreshments under this agreement cannot exceed $100.00. MATCHING REQUIREMENTS Cash Match Requirement. If grant funds awarded are more than $250,000, the RECIPIENT share for the project must be entirely in the form of cash or interlocal contributions. If grant funds awarded are $250,000 or less, any combination of cash, interlocal, or in-kind match is allowed. Interlocal contributions will also count as cash match. Stormwater hardship grants require cash match only. Interlocal Match Requirement. The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements are consistent with all of the following: . Terms of this grant agreement . The edition of "Administrative Requirements for Ecology Grants and Loans" that is effective at the signing of this agreement. . Chapter 39.34 RCW Interlocal Cooperation Act In-Kind Match Requirement.. If in-kind match is specified in the project budget, property and services donated by organizations or individuals may be used. Documentation will be required for all donated property and services. MINORITY AND WOMEN'S BUSINESS P ARTICIP ATION The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. MIWBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. 15 d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) Use the services and assistance ofthe State Office of Minority and Woments Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. The RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. Please include the following information: a) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, induding any sub-and/or sub-subcontractors. b) The total dollar amount paid to qualified firms under this invoice. PAYMENT REQUEST SUBMITTALS Frequency. The RECIPIENT must submit payment requests at least quarterly but no more often than monthly, unless allowed by the DEPARTMENT's Financial Manager. The . DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Supporting Documentation. The RECIPIENT must submit all payment request vouchers and supportive documentation to the DEPARTMENT's Financial Manager. Payment request voucher submittals are based on match requirements found in the budget. Required Forms. Any Match Combination Form A 19-1 A (original signature) Form Bl (ECY 060-3) Form Cl (ECY 060-8) Form D (ECY 060-11) Cash Only Match Form A19-1A (original signature) Form B2 (ECY 060-7) Form C2 (ECY 060-9) Form D (ECY 060-11) Where Applicable Form E (ECY 060-12) Form F (ECY 060-13) Form H (F-21) Form I (ECY 060-15) Reporting eligible costs. The RECIPIENT must report all eligible costs incurred on the project, regardless of the source of funding for those costs. This includes costs used as match. All eligible and ineligible project costs must be separate and identifiable. Reimbursements. Payments will be made on a cost-reimbursable basis. POST PROJECT ASSESSMENT The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project three years after project completion. 16 / I i The DEPARTMENT's Water Quality Program Performance Measures Lead will contact the RECIPIENT before the Post Project Assessment date to request this data. The DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, as part ofthis assessment. PROCUREMENT The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. PROGRESS REpORTS The RECIPIENT must submit quarterly progress reports to the DEPARTMENT's Financial Manger and Project Manager. Payment requests will not be processed without a progress report. Reporting Periods. . January 1 through March 31 . April 1 through June 30 . July 1 through September 30 . October 1 through December 31 Reporting Due Date. Quarterly progress reports are due 15 days following the end of the quarter. Report Content. At a minimmn, all progress reports must contain a comparison of actual accomplishments to the objectives established for the period, the reasons for delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified in this agreement. The recipient must also attach all landowner agreements signed during the respective quarter to each progress report. REQUIRED DOCUMENT SUBMITTALS The RECIPIENT must submit the following documents to the DEPARTMENT as requested by the DEPARTMENT's Project Manager or Financial Manager: . Draft project completion reports - 1 copy . Electronic copy of final project completion report - I copy . Final project completion reports - up to 5 copies . Educational products developed under this agreement - up to 2 copies . Documents that require DEPARTMENT Approval- 2 copies (one for the DEPARTMENT and one for the RECIPIENT) . Interlocal agreements -1 copy for the DEPARTMENT's Financial Manager . Professional services procurement agreements -1 copy to the DEPARTMENT's Financial Manager 17 Additional Required Document Submittals for the Federal Clean Water Act Section 319 Funded Projects and Centennial projects used by the DEPARTMENT to satisfy its Section 319 matching requirement. · Federal Clean Water Act Section 319 Grant Data Reporting Form - 1 copy to DEPARTMENT's Financial Manager during the first quarter following the effective date of the agreement · Federal Clean Water Act Section 319 Grant Load Reductions Reporting- Form - 1 copy to the DEPARTMENT's Financial Manager by January 15 of each year and at the end of the project. VOLUNTEER TIME DOCUMENTATION The RECIPIENT must report to the DEPARTMENT the total number of volunteer (unpaid) hours contributed to the restoration or monitoring project, including time not being credited for matching purposes. This information will be conveyed to the Governor of the State of Washington in fulfillment of a request for state agencies to collect information about volunteers working for clean water. WATER QUALITY MONITORING Quality Assurance Proiect Plan (QAPP). Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP). The QAPP must follow Ecology's Guidelines and Specifications for Preparing Quality Assurance Project Plans for Environmental Studies, February 2001 (Ecology Publication No. 01-03-003). The applicant may also reference the Technical Guidance for Assessing the Quality of Aquatic Environments, revised February 1994 (Ecology Publication No. 91-78) or more current revision, in developing the QAPP. The RECIPIENT must submit the QAPP to Ecology's project manager for review, comment, and must be approved before starting the environmental monitoring activities. The RECIPIENT must use an environmental laboratory accredited by Ecology to analyze water samples for all parameters to be analyzed that require bench testing. Information on currently accredited laboratories and the accreditation process is provided on the Department of Ecology's Environmental Assessment Program's website, available at: http://www.ecy.wa.gov/programs/eap/labs/search.html The RECIPIENT should manage all monitoring data collected or acquired under this agreement in order to be available to secondary users and meet the "'ten-year rule." The ten-year rule means that data docmnentation is sufficient to allow an individual not directly familiar with the specific monitoring effort to understand the purpose of the data set, methods used, results obtained, and quality assurance measures taken ten years after data are collected. Monitoring Data Submittal! Environmental Information Management System. Funding recipients that collect water quality monitoring data must submit all data to Ecology through the 18 Environmental Information Management System (ElM). Data must be submitted by following instructions on the ElM website, currently available at: http://www.ecy.wa.gov/eim The data submittal portion ofthe ElM website provides information and help on formats and requirements for submitting tabular data. Specific questions about data submittal can be directed to the EIM Data Coordinator, currently available at: eim data coordinator@ecy. wa. gov If GIS data is collected, Ecology data standards are encouraged. An Ecology Focus Sheet entitled GIS Data and Ecology Grants (Publication No. 98-1812-SEA) outlines the standards. Common standards must be used for infrastructure details, such as geographic names, Geographic Information System (GIS) coverage, list of methods, and reference tables. 19 ATTACHMENT II: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR FEDERAL CLEAN WATER SECTION 319 FUNDED PROJECTS CERTIFICATION REGARDING SUSPENSION & DEBARMENT Federal Executive Order 12549 provides that Executive departments and agencies must participate in a government-wide system for monitoring suspended, debarred, and excluded parties. These departments and agencies have further passed this requirement onto their recipients and have provided pertinent regulations in the Code of Federal Regulations. The RECIPIENT, by signing this agreement, certifies that it is not suspended, debarred, or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. The Web site for checking suspended, debarred, or excluded parties is www.epls.gov. FINAL PAYMENT All payments must be submitted to the DEPARTMENT and paid in full no later than 90 days after the date listed in the Time Extension condition below. Any payment requests received after this date will not be eligible for reimbursement. Final payments are not eligible for reimbursement until all work is complete and all required paperwork had been submitted and approved by the DEPARTMENT. FUNDING RECOGNITION The RECIPIENT must use the following paragraph in all reports, docwnents, and signage developed under this agreement: Funding for this project has been provided in part through EP A Grant No. C9-00044906-0 to the Department of Ecology from the United States Envrronmental Protection Agency. The Department of Ecology allocates and administers funding for this project. The contents of this document do not necessarily reflect the views and policies of either the United States Environmental Protection Agency or the Department of Ecology, nor does the mention of trade names or commercial products constitute endorsement or recommendation for their use. HOTEL AND MOTEL FIRE SAFETY ACT The RECIPIENT agrees to ensure that all conference, meeting, convention, or training space funded in whole or part with federal funds, complies with the federal Hotel and Motel Fire Safety Act of 1990. SECTION 319 REpORTING REQUIREMENTS The RECIPIENT must complete the DEPARTMENT's "Clean Water Act Section 319 Initial Data Reporting Sheet." This form must be submitted to the DEPARTMENT's Financial Manager with the first progress report. http://www.ecy.wa.gov/biblio/ecy070286.html 20 The RECIPIENT must complete the DEPARTMENT's "Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form." This form is used to gather information on load reduction for each best management practice (BMP) installed for the project. This form must be submitted to the DEPARTMENT'S Financial Manager by January 15 of each year, and at project close-out. Payment may be held until the form has been completed and submitted to the financial manager. htto :/lwww.ecy.wa. govlbibliol ecy070285 .html SIGNAGE All site-specific projects must have a sign of sufficient size to be seen from nearby roadways, acknowledging department financial assistance, and left in place throughout the life of the project. Department logos must be on all signs and documents. Logos will be provided as needed. SMALL BUSINESS IN RURAL AREAS (SBRAs) If a contract is awarded by the RECIPIENT under this agreement, the RECIPIENT is also required to utilize the following affirmative steps: 1. Place 2. Use the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, as appropriate 3. Require the contractor to comply with the affIrmative steps outlined above The negotiated "Fair Share Percentage" for the SBRAs is 0.5 percent. There is no formal reporting requirement for SBRAs at this time. SUBRECIPIENT COMPLIANCE As a. subrecipient of federal funds, the RECIPIENT must comply with the following federal regulations: The following apply to Local or Tribal Governments receiving Section 319 grants: 1. OMB Circular A-B3, Audits of States, Local Governments, and Non-Profit Organizations 2. OMB Circular A-B3, Compliance Supplement 3. OMB Circular A-I02, Uniform Administrative Requirements for States and Local Governments 4. OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments The following apply to Non-Profit Organizations receiving Section 319 grants: 1.0MB Circular A-I33, Audits of States, Local Governments, and Non-Profit Organizations 2. OMB Circular A-I33, Compliance Supplement 3. OMB Circular A-I22, Cost Principles for Non-Profit Organizations 4. OMB Circular A-II 0, Uniform Administrative Requirements for Institutions of Higher Education and Non-Profit Organizations The following apply to Higher Education Institutions receiving Section 319 grants: 21 1. OMB Circular A-B3, Audits of States, Local Governments, and Non-Profit Organizations 2. OMB Circular A-I33, Compliance Supplement 3. OMB Circular A-I 10, Uniform Administrative Requirements for Institutions of Higher Education and Non-Profit Organizations 4. OMB Circular A-21, Cost Principles for Educational Institutions All OMB Circulars can be found at: http://www.whitehouse.gov/omb/circulars. TIME EXTENSION The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EP A's Grant No. C9-00044906-0. In the event a time extension is requested and approved by the DEPARTMENT, all eligible work performed under this agreement must be completed and reimbursement for related costs cannot extend beyond March 31, 2014. 22 ! A TT ACHMENT III: GENERAL TERM:S AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY A. RECIPIENT PERFORMANCE All. activities for which grantlloan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The 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. . D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 5. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon,request. 6. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 7. Wages And Job Safety. The 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. . 23 8. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is othenvise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a connnon file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution herelUlder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT 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 years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-B3 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-B3, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal fimding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, 24 April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, lUlless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. . 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEP ARTrvfENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grantlloan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees ofthe RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. 25 K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds there under and/or terminate this agreement by giving written notice of termination. A vvritten notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by tn.e RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTl'vfENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.l above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section 0 herein. 3. Failure to Commence Work In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision oftrus agreement is not a waiver of any subsequent 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 the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the 26 I '. DEPARTMENT 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. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 D.S.C. 200-212. . 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENTs current edition of "Administrative Requirements for Ecology Grants and LoansH, Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the . DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance ofthe project, it shall be returned to the B-4 DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENTs possession, the DEP AR TMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The 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 attorneyts opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT 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. N. SUSTAINABLE PRODUCTS In order to sustain Washington's naturalresources and ecosystems, the RECIPIENT is encouraged to implement 3ustainable practices where and when possible. These practices include 27 use of clean energy, and purchase and use of sustainably produced products (e.g., recycled paper). For more information, see httu://www.ecv.wa.gov/sustainability/. o. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue atthe rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval ofthe DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's detennination shall be brought in the Superior Court of ThuTston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance .with the decision rendered. 28 R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall 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. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall 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. T.GOVERNINGLAW This agreement shall be governed by the laws of the State of Washington. u. 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. V. 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) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. S8-010 Rev. 04/04 29