HomeMy WebLinkAboutState of Washington Department of Ecology Shorelines FCAAP Grant - 072726 UM DEPARTMENT OF
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ECOLOGY
State of Washington
Agreement No. SEAFCAAC-2527-JeCoEH-00043
SHORELANDS FCAAP COMPETITIVE PLANNING GRANT AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
JEFFERSON COUNTY-ENVIRONMENTAL HEALTH DIVISION
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-Environmental Health Division,hereinafter referred
to as the"RECIPIENT,"to carry out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title: Lower Dosewallips Flood Hazard Reduction
Total Cost: $333,333.33
Total Eligible Cost: $333,333.33
Ecology Share: $250,000.00
Recipient Share: $83,333.33
The Effective Date of this Agreement is: 07/01/2025
The Expiration Date of this Agreement is no later than: 06/30/2027
Project Type: Planning
Project Short Description:
Jefferson County—Environmental Health Division(RECIPIENT)and its partners will lead a collaborative,
community-focused alternatives analysis to develop an action plan that advances implementation of the 2009
Dosewallips CFHMP in the Lower Dosewallips River valley,including Brinnon and Dosewallips State Park.
Project Long Description:
Brinnon is an unincorporated community at the mouth of the Dosewallips River on Hood Canal's western shore,
situated between Shelton(40 miles south)and Port Townsend(45 miles north).The Dosewallips River valley
lies within Usual and Accustomed areas of four Tribes and was once a stronghold for Hood Canal summer
chum,Puget Sound Chinook,and steelhead.The river flows 13 miles from Olympic National Park through
Dosewallips State Park to Hood Canal,and the lower 1.2 miles are often referred to as the Brinnon Reach.
Brinnon's Rural Village Center lies almost entirely within the 1%annual chance special flood hazard area
JeffCo:WQ-26-050
State of Washington Department of Ecology Page 2 of 25
Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
(SFHA)and regulatory floodway.Nearly 99%of Brinnon's Limited Area of More Intensive Rural Development
(LAMIRD)(about 60 structures)lies within the 1%annual chance SFHA,with roughly 29%overlapping the
floodway(about 40 additional structures).Just downstream,at River Mile 0.4,US-101 bridges and
embankments constrain flood flows and sediment delivery,while highway infrastructure traversing the delta
restricts both tributary/distributary exchanges.
Since the late 1800s,this area has been affected by logging and development efforts that led to significant
channel migration and erosion. These efforts were followed by channel straightening over the next 100 years for
agriculture to remove side channels while residential and commercial development,as well as US-101
infrastructure development,altered the estuary and prompted extensive bank armoring. This history has
contributed to modern-day issues,which include an aging erosion-control berm upstream of the US-101 bridge
at RM 0.4;constrained flood conveyance throughout the area;increased risk of inundation from high tides due
to sea-level rise;and a potential avulsion point upstream that would route floods through Brinnon's town center.
Since 2009,Jefferson County has been working to understand these issues better and making plans to address
them.Work to date has included completing a Comprehensive Flood Hazard Management Plan (CFHMP)to
define flood reduction measures;a more recent RCO-funded project(RCO#23-1062)which produced 2023
LiDAR,vegetation assessments,flood modeling,and a Basis of Design Report that further describes flood
mitigation and habitat restoration options; and the RECIPIENT's Climate Assessment Project.Additional work
is now needed to(1)ensure there is a shared approach among Jefferson County departments through the
identification and analysis of potential project guardrails based on regulations,policies,priorities,access to
funding and timelines;and(2)engage stakeholders, Tribes,agencies,and the community at large in
collaborative planning for future integrated watershed management.
This project aims to build cohesion around specific short-,mid-,and long-term mitigation options to address
flood hazards in the Brinnon Reach of the Dosewallips River in light of new data and information.The focus
will be on protecting essential,critical,or lifeline community facilities at risk from riverine flooding and
sea-level rise. The RECIPIENT's additional objectives for this project include characterizing sustainable
development,identifying habitat improvement opportunities for ESA-listed salmon,and—where feasible—
integrating the needs of Dosewallips State Park. The output will be an Action Plan that will guide future project
phases and grant requests.The action plan will include updated flood hazard mitigation options from the 2009
CFHMP,and new options informed by new data and community and stakeholder input.The project will model
at least two additional flood scenarios as needed and as funds allow,to inform the selection of preferred
mitigation options.
Overall Goal:
The goal of this project is to build a framework for watershed integrated floodplain management and develop an
action plan with practicable alternatives to address flood hazard in Brinnon and Dosewallips State Park.The
Action Plan will be developed with the assistance of the WA Hazards Coastal Resilience Network(COHORT)
and consultants,and in coordination with state agencies,tribes,planning groups,local businesses,shellfish
growers,the Hood Canal Coordinating Council Lead Entity,NGOs and the interested public.The project will
set the trajectory to significantly improve public safety and economic and ecological resiliency utilizing
nature-based solutions. This work will be informed by and build off of the 2009 CFHMP through incorporating
new climate and sea level rise projections.It will utilize data,modeling,assessments and designs produced in
recent years through RCO grants#23-1062 and 18-1228.
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State of Washington Department of Ecology Page 3 of 25
Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
RECIPIENT INFORMATION
Organization Name: Jefferson County-Environmental Health Division
Federal Tax ID: 91-6001322
Mailing Address: 615 Sheridan St
Port Townsend,WA 98368
Physical Address: 615 Sheridan St
Port Townsend,Washington 98368
Organization Fax: (360)379-4487
Contacts
Tamara Pokorny
Project Manager Natural Resources Program Coordinator
615 Sheridan St
Port Townsend, Washington 98368
Email: tpokorny@co.jefferson.wa.us
Phone: (360)385-9444
Billing Contact Aimee Rosbach
Financial Operations Coordinator
615 Sheridan St
Port Townsend,Washington 98368
Email: arosbach@co.jefferson.wa.us
Phone: (360)385-9444
Greg A. Brotherton
Authorized Chair,Board of County Commissioners
Signatory
615 Sheridan St
Port Townsend,Washington 98368
Email: gbrotherton@co.jefferson.wa.us
Phone: (360)385-9444
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State of Washington Department of Ecology Page 4 of 25
Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
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
Sandy Floyd
' Project Project Manager
Manager
PO Box 47775
Olympia, Washington 98504-7775
Email: sflo461@ecy.wa.gov
Phone: (360)584-2804
Samantha Cote
Financial
Manager
PO Box 47600
Olympia,Washington 98504-7600
Email: SCOT461@ecy.wa.gov
Phone: (360)407-6484
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Docusign Envelope ID:6CF351DA-928C-8B88-81FF-66966E18323B
State of Washington Department of Ecology Page 5 of 25
Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and
conditions of this Agreement, Scope of Work, attachments,and incorporated or referenced documents,as well as all
applicable laws, statutes,rules,regulations, and guidelines mentioned in this Agreement. Furthermore,the
RECIPIENT has read,understood,and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties,and there are no other understandings or
representations other than as set forth,or incorporated by reference,herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing,signed
by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
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-Environmental Health Division
Department of Ecology
DocuSigned by: -- II ,-Signed by:
By: Witt 1AL(Jol 8/4/2026 By: arti firifi uiritt&. 7/30/2026
bOV/I.4V I O4HL40L... '-b5rpA.l.I.BOO6t44t3`J...
Joenne McGerr Date Greg A.Brotherton Date
Shorelands Chair, Board of County Commissioners
Program Manager
Template Approved to Form by
Attorney General's Office
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State of Washington Department of Ecology Page 5 of 25
Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and
conditions of this Agreement,Scope of Work,attachments,and incorporated or referenced documents,as well as all
applicable laws,statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the
RECIPIENT has read,understood,and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties,and there are no other understandings or
representations other than as set forth,or incorporated by reference,herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing,signed
by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
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 Environmental Health Division
Department of Ecology
By: 066- p rs v/0 lie B Li
Joenne McGerrS Date Greg A. Brotherton Date
Shorelands Chair,Board of County Commissioners
Program Manager
Template Approved to Form by
Attorney General's Office
Template Version 12/10/2020
State of Washington Department of Ecology Page 6 of 25
Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title. Lower Dosewallips Flood Hazard Reduction
Recipient Name Jefferson County-Environmental Health Division
Jeremiah B.Luther
07-16-2026
Civil Deputy Prosecuting Attorney Date
Glenn Gilbert
7/// 2
Public Health Asisstant ate
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State of Washington Department of Ecology Page 7 of 25
Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
SCOPE OF WORK
Task Number: 1 Task Cost: $33,573.63
Task Title: 1. Project Administration/Management
Task Description:
A. The RECIPIENT will provide Project Coordination to ensure effective communication on this project with all
interested parties including ECOLOGY,all affected local,state, federal agencies,tribal nations,local land owners,and
other applicable stateholders.In addition,the RECIPIENT should consult with all other appropriate entities that may
have useful scientific,technical,or cultural information that will augment this project.Coordination issues include,but
are not limited to, flood plain management,habitat and fish protection and restoration,public access and recreation,
cultural and archaeological resources,etc.
B. The RECIPIENT is responsible for conducting Project Management activities to include project scheduling,
assuring quality control,adherence to the scope of work,time lines,and due dates;application for,receipt of,and
compliance with all required permits,licenses,easements,or property rights necessary for the project;and has
applicable compliance with deed restrictions on acquisitions as well as conducting the competitive procurement
process including preparation of grant bidding documents,advertisement;award of grants and grant monitoring.
C. The RECIPIENT will provide Project Administration including submittal of quarterly progress reports and
reimbursement requests with corresponding supporting documentation;maintenance of project records,submittal and
compliance of deliverables on established due dates.
Task Goal Statement:
A properly managed project that meets ECOLOGY administrative requirements and provides open communication to
all stakeholders.
Task Expected Outcome:
Timely and complete submittal of quarterly Payment Requests/Progress Reports(PRPRs);a project that is on schedule
and within budget,and objectives of this funding opportunity are met;and a Recipient Close Out Report(RCOR).
Recipient Task Coordinator: Tamara Pokorny
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Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
1.Project Administration/Management
Deliverables
Number Description Due Date
1.1 Quarterly Payment Request/Progress Report(PRPR)
1.2 Recipient Close Out Report(RCOR) 06/30/2027
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Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
SCOPE OF WORK
Task Number: 2 Task Cost: $299,759.70
Task Title: 2.Flood Hazard Reduction Action Plan
Task Description:
The RECIPIENT,working through a collaborative planning effort with internal and external project stakeholders,will
prepare a Flood Hazard Reduction Action Plan(Action Plan)for the Brinnon Reach of the Lower Dosewallips River.
The Action Plan will build on recommendations from the 2009 Dosewallips CFHMP,outline next steps for flood
hazard reduction and habitat restoration in the lower Dosewallips watershed,and be evaluated for consistency with
applicable sections of Ecology's CFHMP 2021 guidebook.
As part of this process,the RECIPIENT will
(1)Engage partners to form the framework of a Dosewallips River watershed integrated floodplain management group;
(2)Coordinate with other departments of Jefferson County to develop and evaluate approaches to nature-based
infrastructure;enhance the resilience of public assets located in high risk areas subject to flooding and sea level rise,
such as the Brinnon Community Center;and take steps to implement natural resource management strategies in the
watershed;and
(3)Continue outreach to partners including agencies, Tribes,coordinating entities,NGOs and other stakeholders with
an interest in advising the management of the Dosewallips River.
A.The RECIPIENT may hire contractors through a competitive procurement process to help with completion of the
Action Plan,including those qualified to develop and evaluate concept designs for flood risk reduction and habitat
restoration.
B.The RECIPIENT will synthesize information from existing planning documents and previous work to summarize
known issues and considerations to be examined by internal and external partners.Hazard mitigation options to
evaluate may include but are not limited to:making changes to the LAMIRD or creating a UGA;acquisition of
properties within the designated floodway;building and maintaining flood protection structure(s);removing
restrictions or barriers to flows and fish passage; emergency preparedness planning;and unpermitted or
under-permitted floodplain development.
C.The RECIPIENT will organize and hold outreach meetings with internal and external partners.
a.Light refreshments(not meals)for meetings,as defined by ECOLOGY's Administrative Requirements of Ecology's
Grants and Loans(2026 Yellow Book),may be eligible for reimbursement.Prior to each meeting,the RECIPIENT
must request and receive written approval by ECOLOGY's Project Manager for light refreshment reimbursement(s).
Approved request forms must be submitted with the corresponding Payment Request/Progress Report(PRPR)in
EAGL.
D.For any publications and education and outreach materials,the RECIPIENT will follow ECOLOGY's requirements
in the following sections of the Agreement General Terms and Conditions:3,ACCESSIBILITY REQUIREMENTS
FOR COVERED TECHNOLOGY;and 19,PRESENTATION AND PROMOTIONAL MATERIALS.For more
information, see the Agreement General Terms and Conditions.
For presentations and final publications,the RECIPIENT will acknowledge that funding was provided by ECOLOGY.
The ECOLOGY Project Manager will provide a copy of ECOLOGY's logo,upon request.
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Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
The RECIPIENT will provide a copy of education and outreach materials to the ECOLOGY Project Manager for
review prior to distribution.
E.RECIPIENT will develop an initial draft of the Action Plan and provide it to Ecology for review before finalizing
the Action Plan.
Task Goal Statement:
The RECIPIENT will develop an Action Plan to implement new and existing recommendations to reduce flood risks
and improve habitat in the Brinnon Reach of the Dosewallips River. The Action Plan will build from previous flood
hazard risk reduction work,reflect input from the community and affected partners,follow ECOLOGY's guidance
documents,build on Integrated Floodplain Management approaches,and outline steps needed to continue this work
going forward.
Task Expected Outcome:
The RECIPIENT will establish a framework for coordination among internal and external partners. The RECIPIENT
will also develop an Action Plan that outlines a phased approach to flood risk and habitat improvement in coordination
with other departments,state agencies,Tribes,landowners,businesses and stakeholders. The Action Plan will aid in
supporting long-term collaboration with interested parties in the project area and guide future project phases and grant
requests.
Recipient Task Coordinator: Tami Pokorny
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Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
2. Flood Hazard Reduction Action Plan
Deliverables
Number Description Due Date
2.1 Signed consultant contract(s), if any. Upload in EAGL and notify
ECOLOGY Project Manager.
2.2 Meeting agendas and attendance logs. Upload to EAGL and notify
ECOLOGY Project Manager.
2.3 Final digital copy or a link to educational and other products developed
or utilized under the task(e.g.postcards,brochures,pamphlets,videos,
audio files,posters,media announcements,or web page links.)Upload to
EAGL and notify ECOLOGY Project Manager.
2.4 Light refreshments meeting request form(if applicable). Submit to
ECOLOGY Project Manager for approval prior to each public meeting.
Submit approved copy with each Payment Request/Progress Report
(PRPR).
2.5 Draft Brinnon Reach Action Plan.Upload in EAGL and notify
ECOLOGY Project Manager.
2.6 Final Brinnon Reach Action Plan.Upload in EAGL and notify
ECOLOGY project manager.
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Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
BUDGET
Funding Distribution EG260677
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: Flood Control Assistance Account Program 25-27
Funding Type: Grant
Funding Effective Date: 07/01/2025 Funding Expiration Date: 06/30/2027
Funding Source:
Title: Flood Control Assistance Account Program(FCAAP)
Fund: FD
Type: State
Funding Source%: 100%
Description: FCAAP
Approved Indirect Costs Rate: Approved State Indirect Rate: 30%
Recipient Match%: 25%
InKind Interlocal Allowed: Yes
InKind Other Allowed: Yes
Is this Funding Distribution used to match a federal grant? Yes
Flood Control Assistance Account Program 25-27 Task Total
1. Project Administration/Management $ 33,573.63
2. Flood Hazard Reduction Action Plan $ 299,759.70
Total: $ 333,333.33
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Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
Funding Distribution Summary
Recipient/ Ecology Share
Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total
Flood Control Assistance 25.00 % $ 83,333.33 $ 250,000.00 $ 333,333.33
Account Program 25-27
Total $ 83,333.33 $ 250,000.00 S 333,333.33
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
Floodplains by Design,Flood Proviso, and Flood Control Assistance Account Program -Special Terms and
Conditions
1.The RECIPIENT will negotiate the task deliverable due dates with the ECOLOGY Project Manager,and the
ECOLOGY Project Manager will enter the information in the Deliverables Due Date form.The RECIPIENT will
keep track of these dates and will note any date changes on the quarterly progress reports.(Note:This form does not
automatically print out with the Agreement.)
2.Local Decision:This grant is made in response to a request for financial assistance from the RECIPIENT to
undertake flood damage prevention projects.The choice of floodplain management activities addressed by this grant
is a local decision made solely by the RECIPIENT.The RECIPIENT is not acting as an agent of the state of
Washington.
3.Lawsuits: ECOLOGY shall not be responsible for any non-contractual damage or inverse condemnation claims
resulting from the structures or works constructed,repaired,restored,maintained,or improved pursuant to this grant.
4.Indemnification,Hold Harmless and Duty to Defend
a.ECOLOGY 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.
b.This paragraph applies to negligence based claims only.All other claims are governed by paragraph 4 of this
section(item 3.d).To the extent the constitution and laws of the state of Washington permit,RECIPIENT shall
indemnify,defend and hold harmless the state,its agencies, officers and employees,from all claims,suits or actions
brought for any or all injuries to persons or property arising from,or as a consequence of,negligent acts or omissions
related to the construction,restoration,repair,maintenance,improvement or operation of the structures or works for
which this grant is provided. If the structures or works for which this grant is received are a portion of an integrated
flood protection system,RECIPIENT agrees to indemnify,defend and hold harmless the state of Washington,its
agencies,employees,and officers against any and all liability arising out of the operation,maintenance,or repair of
that integrated flood protection system;provided,however,that this provision is not intended to and shall not be
construed as a waiver by RECIPIENT of any immunities conferred upon the RECIPIENT by RCW 86.12.037 nor is it
intended to,and it shall not be construed to,confer any rights upon third parties.
c. The RECIPIENT will not be required to indemnify,defend,or save harmless the state,its agencies, officers or
employees as provided in the preceding paragraph of this section if the claim,suit,or action for injuries,death,or
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Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
damages is caused by the sole negligence of the state. Where such claims,suits,or actions result from the concurrent
negligence of(a)the state,or the state's agents or employees and(b)the RECIPIENT or the RECIPIENT's agents or
employees,the indemnity provisions provided in the preceding paragraphs of this section shall be valid and
enforceable only to the extent of the RECIPIENT's negligence or the negligence of its agents and employees.
d.To the extent that the constitution and laws of the state of Washington permit,RECIPIENT shall indemnify and
hold harmless the state of Washington,its agencies,employees,and officers against any and all liability arising out of
the continued operation,maintenance,or repair of the structures or works constructed,restored,repaired,maintained
or improved as a result of this grant.If the structures or works for which this grant is received are portions of an
integrated flood protection system, RECIPIENT agrees to indemnify,defend and hold harmless the state of
Washington,its agencies,employees, and officers against any and all liability arising out of the operation,
maintenance,or repair of that integrated flood protection system;provided,however,that the indemnity provisions of
this paragraph are not intended to and shall not be construed as a waiver by Recipient of any immunities conferred
upon the Recipient by RCW 86.12.037 nor are they intended to,and they shall not be construed to,confer any rights
upon third parties.This agreement applies to all non-negligent,non-contractually based claims including,but not
limited to,inverse condemnation,contribution,indemnification,trespass and/or nuisance.
5.Any development activity funded by this grant which occurs in the Federal Emergency Management Agency
(FEMA)-mapped regulatory floodplain, also known as the Special Flood Hazard Area(SFI-IA),may trigger the need
for a floodplain development permit from the local agency with floodplain management jurisdiction. "Development"
is defined at 44 CFR 59.1 as" ...any man-made change to improved or unimproved real estate,including but not
limited to buildings or other structures,mining,dredging,filling,grading,paving,excavation or drilling operations or
storage of equipment or materials."Further,any activity funded by this grant may change the base flood elevations
from physical changes affecting the floodplain.Communities are required by 44 CFR 65.3 to submit new data to
FEMA in the event their actions affect the base flood elevation and the regulatory map (the SFHA).
6.ECOLOGY waives property acquisition report appraisal requirements for properties valued at $25,000 or less.
When the estimated property value does not exceed$25,000,and the acquisition is not complex, the RECIPIENT
may be exempt from meeting appraisal and review appraisal standards. Such exemptions must be requested in writing
and approved by the ECOLOGY Project Manager before the closing on the property.The RECIPIENT must follow
the appraisal waiver standards in 44 C.F.R. §24.102.
7. Some RECIPIENTS are required to provide grant match. Match is made up of three different types of
contributions:cash expenditures,in kind other,and in kind interlocal.Cash match expenditures are eligible costs paid
by the RECIPIENT and are not reimbursed by ECOLOGY. In kind contributions are property or services that benefit
a project and are contributed to the RECIPIENT by a third party without direct monetary compensation. In kind other
is a type of contribution where the third party making the contribution is not a government entity.In kind interlocal is
a type of contribution where both the grant RECIPIENT and the third party making the contribution are both
government entities and have a signed Inter-local agreement between them.
8.RECIPIENTS are required to submit a copy of the original invoice in the Payment Request backup documention if
an invoice number is referenced on a primary or subcontractor invoice.
9.To be eligible for reimbursement,RECIPIENTS must provide documentation of how an expenditure is directly
related to the project.ECOLOGY will not reimburse any expenditure that is already included in the indirect rate.At
ECOLOGY's sole discretion,ECOLOGY may approve reimbursement for the percentage of an expenditure that is
directly related to the project.
FLOODPLAINS BY DESIGN,FLOOD PROVISO,AND FLOOD CONTROL ASSISTANCE ACCOUNT
PROGRAM GRANT PROGRAMS SPECIAL TERMS AND CONDITIONS LAST UPDATED OCTOBER 2024.
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.
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Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
A.CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,
proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal
government,or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification,they must provide an explanation as to why they
cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3. The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,
person,primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,
suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this 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
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Recipient Name: Jefferson County-Environmental Health Division
information will be available to the public at www.usaspending.gov<http://www.usaspending.gov/>.
For more details on FFATA requirements,see www.fsrs.gov<http://www.fsrs.gov/>.
C.FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216,federal grant or loan recipients and subrecipients are prohibited from obligating or
expending loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain;or
3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment,services,or systems that
use covered telecommunications equipment,video surveillance services or services as a substantial or essential
component of any system,or as critical technology as part of any system.As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115pub1232/pdf/PLAW-115pub1232.pdfl,section 889,covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company
or ZTE Corporation(or any subsidiary or affiliate of such entities).
Recipients,subrecipients,and borrowers also may not use federal funds to purchase certain prohibited equipment,
systems,or services,including equipment,systems,or services produced or provided by entities identified in section
889,are recorded in the System for Award Management(SAM)<https://sam.gov/SAM/>exclusion list.
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Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
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
03/11/2026 Version
1. ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL
Edition." https://apps.ecology.wa.gov/publications/UlPages/SummaryPages/2601001.html
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d)RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered,amended,or waived only by a written amendment executed by both parties.No
subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective
staff contacts and administrative information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no.
188,Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement
applies to all products supplied under the Agreement,providing equal access to information technology by individuals
with disabilities,including and not limited to web sites/pages,web-based applications,software systems,video and
audio content,and electronic documents intended for publishing on Ecology's public web site.
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid,minimize,or mitigate adverse effects to archaeological and
historic archaeological sites,historic buildings/structures,traditional cultural places,sacred sites,or other cultural
resources,hereby referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources
discovered,disturbed,or damaged due to the RECIPIENT's project funded under this Agreement.
RECIPIENT shall:
a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
•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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Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
b)If required by the ECOLOGY Program,submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to
implementing any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
•Keep the IDP at the project site.
•Make the IDP readily available to anyone working at the project site.
•Discuss the IDP with staff,volunteers,and contractors working at the project site.
•Implement the IDP when Cultural Resources or human remains are found at the project site.
c)If any Cultural Resources are found while conducting work under this Agreement,follow the protocol outlined in
the project IDP.
•Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and
Historic Preservation at(360)586-3065,any affected Tribe,and the local government.
d)If any human remains are found while conducting work under this Agreement,follow the protocol outlined in the
project IDP.
•Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the
Department of Archaeology and Historic Preservation at(360)790-1633,and then the ECOLOGY Program.
e)Comply with RCW 27.53,RCW 27.44,and RCW 68.50.645,and all other applicable local,state,and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the
RECIPIENT.
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,
ECOLOGY,all affected local,state,or federal jurisdictions,and any interested individuals or groups.
7. COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT.ECOLOGY must sign the Agreement before any payment requests can be submitted.
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c)RECIPIENT is responsible to determine if costs are eligible.Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs.Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e)ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
f)ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee
Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form
and an IRS W-9 form at website,https://ofm.wa.gov/tech-support/statewide-vendor-payee-services/. If you have
questions about the vendor registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or
email SupplierRegistration@ofm.wa.gov.
h)ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion
thereof,has been completed if,at ECOLOGY's sole discretion,such payment is reasonable and approved according to
this Agreement,as appropriate,or upon completion of an audit as specified herein.
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Recipient Name: Jefferson County-Environmental Health Division
j)RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial,
performance,and other reports required by this Agreement.Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations,and permits
related to this Agreement,including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State
of Washington which affect wages and job safety.
b)RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against
discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their
project timeline for the permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered
modified to conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or
responsibility in the review,approval,or carrying out of this Agreement,shall not have any personal or financial
interest,direct or indirect,nor affect the interest of any corporation,partnership,or association in which he/she is a
part,in this Agreement or the proceeds thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction,purchase of goods,equipment,services,and professional architectural and
engineering services through a competitive process,if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair,and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures.RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review
procurement practices related to this Agreement.Any costs incurred as a result of procurement practices not in
compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's
sole discretion.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work,or any other matter related to this
Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a)RECIPIENT notifies the funding program of an appeal request.
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d)ECOLOGY reviews the RECIPIENT's appeal.
e)ECOLOGY sends a written answer within ten(10)business days,unless more time is needed,after concluding the
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Recipient Name: Jefferson County-Environmental Health Division
review.
The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date
of such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal.The decision of the
Director or duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County.Review of the Director's
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in
addition to the dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses
environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall
contact the ECOLOGY Program issuing the grant or loan.If a QAPP is required,the RECIPIENT shall:
•Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance
(QA)officer or the Program QA coordinator instructs otherwise.
•Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July
2004(Ecology Publication No.04-03-030).
•Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system(EIM), unless the ECOLOGY Program instructs otherwise.The
RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM,find
instructions at:http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS)data is
collected and processed. Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,
when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers,imagery,related
tables,raw data collection files,map products,and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the
project described herein,except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent
act or omission of that party or that party's agents or employees arising out of this Agreement.
15. INDEPENDENT STATUS
The employees,volunteers,or agents of each party who are engaged in the performance of this Agreement will
continue to be employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or
agents of the other party.
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Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
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-Environmental Health Division
reports to ECOLOGY.ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b)RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c)RECIPIENT shall use ECOLOGY's provided progress report format.
d)Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1
through September 30,and October 1 through December 31.Reports shall be submitted within thirty(30)days after
the end of the quarter being reported.
e)RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been
approved by ECOLOGY,all financial,performance, and other reports required by the Agreement and funding
program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty
free,nonexclusive,and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,
and to authorize others to use the same for federal,state,or local government purposes.
b)Publications.When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information;present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,
reports,maps,or other data in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to
ECOLOGY.
c)Presentation and Promotional Materials.ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d)Tangible Property Rights.ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology
Grants and Loans,"shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement.
e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project,it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
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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Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a)Be kept in a manner which provides an audit trail for all expenditures.
b)Be kept in a common file to facilitate audits and inspections.
c)Clearly indicate total receipts and expenditures related to this Agreement.
d)Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative of the State of
Washington,for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state
has been properly invoiced.Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state,federal or local representative for inspection at any time during the course of
this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable
times,in order to monitor and evaluate performance,compliance, and any other conditions under this Agreement.
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized
expenditure(s)or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or
repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year
from the time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision,and to this end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICY ACT(SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State
Environmental Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met.Any
reimbursements are subject to this provision.
26. SUSPENSION
When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause,suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
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Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
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 the Washington State Procurement Manual web page,Green Purchasing,
https://des.wa.gov/purchase/washington-state-procurement-manual/green-purchasing.
28. TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the
RECIPIENT,at the sole discretion of ECOLOGY,for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four(4)months after the effective date of this Agreement,or by any date
mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by
the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the
opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any
further funds,terminate in whole or in part this Agreement,and exercise any other rights under this Agreement.
Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT.ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY
from the RECIPIENT is determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement,in whole or in part,for any reason when it is the best
interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted
below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding.In the event
funding from state,federal or other sources is withdrawn,reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate
the Agreement,in whole or part,or renegotiate the Agreement,subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufficiency is resolved.ECOLOGY may exercise any of these options with no notification or restrictions,although
ECOLOGY will make a reasonable attempt to provide notice.
In the event of termination or suspension,ECOLOGY will reimburse eligible costs incurred by the RECIPIENT
through the effective date of termination or suspension.Reimbursed costs must be agreed to by ECOLOGY and the
RECIPIENT.In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the
Agreement and any amendments.
Template Version 12/10/2020
State of Washington Department of Ecology Page 25 of 25
Agreement No: SEAFCAAC-2527-JeCoEH-00043
Project Title: Lower Dosewallips Flood Hazard Reduction
Recipient Name: Jefferson County-Environmental Health Division
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 RECIPIENTs 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 12/10/2020
CV 615 Sheridan Street
Port Townsend, WA 98368
(*ewn www.JeffersonCountyPublicHealth.org
Consent Agenda
Public Heat
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Josh D. Peters, County Administrator
FROM: Michael Dawson, Water Quality Manager
Tami Pokorny, Natural Resources Program Coordinator
DATE: VII 621 i03002- l
SUBJECT: Agenda Item — Lower Dosewallips Flood Hazard Reduction, Washington
Department of Ecology Shorelines FCAAP Competitive Grant Agreement No.
SEAFCAAC-2527-JeCoEH-00043; July 1, 2025 — June 30, 2027; $250,000.00
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of an Agreement for the Lower Dosewallips Flood Hazard
Reduction project, Washington Department of Ecology Shorelines FCAAP Competitive Grant Agreement No.
SEAFCAAC-2527-JeCoEH-00043; July 1, 2025 — June 30, 2027; $250,000.00
ANALYSIS/STRATEGIC GOALS/PROS and CONS:
Jefferson County Public Health (JCPH), in partnership with the North Olympic Peninsula Resource
Conservation and Development Council (NODC) and the University of Washington Department of Landscape
Architecture, will lead a collaborative, community-focused alternative analysis to develop an action plan that
advances implementation of the 2009 Dosewallips Comprehensive Flood Hazard Management Plan in the
Lower Dosewallips River valley, including Brinnon and Dosewallips State Park. Brinnon's Rural Village Center
lies almost entirely within the 1% annual chance special flood hazard area and regulatory floodway.
Dosewallips State Park experiences near-annual flooding through its lower campground. The project focus will
be on protecting essential facilities, identifying habitat improvement opportunities for ESA-listed salmon,
and—where feasible—integrating the needs of Dosewallips State Park. The project will use flood scenario
models to inform the selection of preferred mitigation options.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Ecology requires a matching contribution of $83,333.33 for a total project cost of $333,333.33. The source of
match is the Brinnon Reach Assessment & Conceptual Design project, RCO #23-1062P.
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
WQ-26-050
RECOMMENDATION:
JCPH Management recommends BOCC signature for an Agreement for the Lower Dosewallips Flood Hazard
Reduction, Washington Department of Ecology Shorelines FCAAP Competitive Grant Agreement No.
SEAFCAAC-2527-JeCoEH-00043; July 1, 2025 — June 30, 2027; $250,000.00
REVIEWED BY:
7/a
Josh D. ters, County Administrator Date
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
Always working for a safer and healthier community
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: WA Dept of Ecology Contract No: WQ-26-050
Contract For: Shorelines FCAAP Competitive Grant Term: 7/1/2025-6/30/2027
COUNTY DEPARTMENT: Environmental Health
Contact Person: Tami Pokorny
Contact Phone: x498
Contact email: tpokorny@co.jefferson.wa.us
AMOUNT: $250,000 PROCESS: Exempt from Bid Process
Revenue: $250,000 Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: $83,333.33 Small Works Roster
Sources(s)of Matching Funds RCO#23-1062P Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMP A E WILT =JC .0 ND CHAPTER 42.23 RCW.
CERTIFIED: 11 N/A:f July 8,2026
Glenn Gilbert 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.
CERTIFIED: r N/A: July 8,2026
Glenn Gilbert Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 7/16/2026.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 7/16/2026.
DPA Luther reviewed and approved on 7-16-2026
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