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Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
DATE:
Board of County Commissioners
Philip Morley, County Administrator Gil
Al S~alf, D~ector - D~partment of Community Development (DC~cr
Staclll Hoskins, Plannmg Manager DCD gM--
Michelle McConnell, Associate Planner - Project Manager g
August 1, 2011
TO:
FROM:
SUBJECT:
Interloca1 Agreement with Clallam County for Enhancing Shoreline Protection: Measuring
& Achieving No Net Loss (ESP-NNL) - Developing Tools for Implementing & Monitoring
Adopted SMPs
STATEMENT OF ISSUE: J~ffers9 County is on the cusp of having a newly updated Shoreline Master
Program (SMP) in effect. A p~benchmark during the update process and upon implementation is
that of 'no net loss of ecological fwictions' (NNL). Jefferson County has the opportunity to partner with a
neighboring jurisdiction and the state Department of Ecology (Ecology) to better quantify and ensure NNL
by entering into an Interlocal Agreement for fiscal reimbursement to complete one component of Clallam
County's federal funding contract.
ANALYSIS/STRATEGIC GOALSIPROS and CONS: .
As Jefferson County draws near to having an updated Shoreline Master Program (SMP) in effect, the key ,"'C,..Ired/
concept of 'no net loss of ecological functions' becomes even more important to fully understand. The ~
new shoreline goals, policies, regmations, designations and restoration strategies that will be implemente~
must ensure adequate protection of existing resources. Our shorelines of the state must be free from
degradation resulting from the cumulative effects of numerous individual use/development actions.
As a state administrative rule requirement of the 2003 SMP Guidelines (WAC 173-26), 'no net loss'
(NNL) was a guiding principle of the SMP update process, yet there remains some degree of uncertainty at
both the state- and local jurisdiction-level about exactly how to adequately measure or quantify NNL. The
approach of using a scientifically-based methodology or 'tool' to monitor and measure NNL is something
that has not been attempted broadly in the state or Puget Sound region. Clallam County was successful in
obtaining a US Environmental Protection Agency (EP A) grant award to further define and develop the use
ofNNL during an SMP update and as part of the implementation of an updated SMP. Clallam County
approached Jefferson County during the grant application process to invite our partnership and
participation in the proj ect.
C1allam County is in the early phase of updating its SMP and is required to develop policies and
regulations to achieve "no net loss" (NNL) of ecological functions. Included in this grant project, Ecology
will assist the project by holding a series offorums to gather input from a broad array of stakeholders
1
Agenda
about challenges and obstacles to updating and implementing SMPs, including the issue ofNNL
(Component I). Next, Clallam County will create a more meaningful, collaborative, and defensible NNL
Framework for assessing and tracking development impacts using indicators of ecological function
(Component 2). The framework will yield critical information for shoreline management strategies and
better permit decisions. This work is part of a larger interconnected effort to use ecological indicators to
inform management decisions for Puget Sound.
As a partner on the grant project, Jefferson County will collaborate with Clallam County and Ecology on
Components I and 2, and provide services to complete the tasks of Component 3. Develop Tools for
Implementing & Monitoring Updated SMPs, such as:
· Identify NNL Framework ecological indicators to rank shoreline conditions in Jefferson County
· Identify locations where shoreline conditions have recently changed due to development activities
· Conduct site investigations to gather data on the NNL indicators
· Develop a program for technical assistance, regular monitoring, and enforcement to test the
effectiveness of the NNL Framework
The development of a NNL measuring tool is transferable and will be of value to numerous other
jurisdictions in Washington to enhance protection of shoreline resources through SMP updates and
implementation.
FISCAL IMPACT/COST -BENEFIT ANALYSIS:
-
Federal grant funds
Matching funds
Total project cost
EP A Grant
$ 999,915
$ 330.000
$1,329,915
Jefferson County Portion
$185,534.47
$ 20.248.51
$205,782.98
Matching funds in the form of DCD personnel, fringe and indirect costs will be covered by the
departmental budget.
RECOMMENDATION: Staff recommends the Board approve the Interlocal Agreement with Clallam
County for the 'Enhancing Shoreline Protection - No Net Loss' EPA grant.
7/:2-'7;;/
Date
2
INTERLOCAL AGREEMENT
Developing tools for implementing and monitoring adopted SMPs
Enhancing Shoreline Protection: Measuring & Achieving No Net Loss (ESP-NNL)
This Interlocal Agreement is entered into as of AUltust 1, 2011 by and between
Clallam County, a political subdivision of the State of Washington, having offices for the
transaction of business at 223 East 4th Street, Port Angeles, Washington 98362,
hereinafter referred to as "Clallam County," and Jefferson County, a political
subdivision of the State of Washington, having offices for the transaction of business at
1820 Jefferson Street, Port Townsend, Washington 98368, hereinafter referred to as
"Jefferson County," and jointly hereinafter referred to as the "parties."
A. RCW 90.58.080 requires each county to initiate planning for the Shoreline
Master Program (SMP). WAC 173-26-186(8) directs that updated master
programs "include policies and regulations designed to achieve no net loss of
those ecological functions."
B. Clallam County has received funding from US Environmental Protection Agency
("EPA") to supplement and augment its Shoreline Master Program (SMP) update
to enhance protection of Puget Sound. Clallam County is required to develop
policies and regulations that achieve "No Net Loss" (NNL) of ecological functions
and seeks to create a framework for assessing and tracking Impacts of
development using indicators of ecological function.
C. Included in the EPA grant is funding for developing tools for implementing and
monitoring adopted SMPs in Clallam County and elsewhere in the Puget Sound
basin (Component 3/Task 5). An adjacent and comparable jurisdiction, Jefferson
County is much further along in its effort to adopt an updated SMP. Clallam
County intends to implement this element of the EPA grant in collaboration with
Jefferson County to assist in effectively applying the principles of No Net Loss to
Shoreline Master Program preparation and implementation.
NOW, THEREFORE, the parties agree as follows:
1. Through this agreement under RCW 39.34, Jefferson County will
collaborate with Clallam County to accomplish the scope of work
described for Component 3, 'Develop Tools for Implementing and
Monitoring Adopted SMPs' in US Environmental Protection Agency
Cooperative Agreement PO J08801 dated June 23, 2010, or as amended
thereafter. The agreement is included for reference as Exhibit A.
Interlocal Agreement: Clallam - Jefferson Counties
Enhancing Shoreline Protection: Measuring & Achieving No Net Loss (ESP-NNL)
August I. 2011
Page I of4
2. Jefferson County agrees to provide the following:
A. Participate in quarterly calls between EPA, Clallam County, and
Jefferson County.
B. Provide quarterly update reports on activities associated with this
project.
C. Coordinate and collaborate with Clallam County and Ecology to
support completion of Components 1 and 2.
3. Clallam County agrees to provide the following:
A. Manage the EPA grant
B. Reimburse expenses identified in Component 3.
C. Obtain written concurrence from Jefferson County prior to amending
Component 3 of the grant.
4. Designation of Kev Staff. The Clallam County Board of County
Commissioners and Jefferson County Board of County Commissioners will
oversee the progress of the collaborative work and will set the overall
direction for further discussion and action, consistent with the terms of
this Interlocal Agreement.
The activities performed under the Agreement shall be jointly
administered for each ofthe respective parties under RCW
39.34.030(4)(a) by the following representatives:
. For Clallam County by Clallam County Department of Community
Development Planning Director Steve Gray, 223 East 4th Street,
Suite 5, Port Angeles WA 98362 (360.417.2520; Fax:
360.417.2443); and
. For Jefferson County by Jefferson County Department of
Community Development Director, AI Scalf, 621 Sheridan St., Port
Townsend, WA 98368 (360.379.4450; Fax: 360.379.4451).
5. ScoDe of 5ervlces. Following consultation and approval of the Clallam
County Department of Community Development, Jefferson County will
adhere to all administrative and programmatic provisions in performing
the scope of services as described by Exhibit A, attached hereto and
made a part hereof, for all purposes to assist Clallam County in SMP
update planning and to further an understanding of the concept of No
Net Loss of Ecological Function.
The parties, by mutual written agreement, may revise the Cooperative
Agreement and its attached scope of services.
Inter/oeal Agreement: C/al/am -Jefferson Counties
Enhancing Shoreline Protection: Measuring & Achieving No Net Loss (ESP-NNL)
August I, 2011
Page20f4
6. Timellnes and Tasks. The parties agree to exercise good faith and best
efforts to comply with the assignments and deadlines leading to the
completion of the identified tasks. Description of tasks and the project
timeline may be found in Exhibit B, attached hereto and made a part
hereof, for all purposes to assist Clallam County in SMP update planning
and to further an understanding ofthe concept of No Net Loss of
Ecological Function. The parties agree to extend the foregoing deadlines
from time to time as is reasonably necessary and for good cause.
This Interlocal Agreement shall be effective as of July 1, 2010 and expire
on the expiration date of US Environmental Protection Agency
Cooperative Agreement PO J08801.
7. Dispute Resolution. Any dispute between the parties that cannot be
resolved between the parties shall first be submitted to the County
Administrators for Jefferson and Clallam County. If submission to the
County Administrators does not resolve a dispute between the parties,
then either party may submit the dispute to arbitration with the
concurrence ofthe other party. The provisions of Chapter 7.04A RCW
shall be applicable to any arbitration proceeding. The parties shall have
the right to designate one person each to act as an arbitrator. The two
persons chosen as arbitrators shall jointly choose a third arbitrator in
order to form a three-person arbitration panel. The decision of the
arbitration panel shall be binding on the parties and shall be subject to
judicial review as provided for in Chapter 7.04A RCW. The costs of the
arbitration panel shall be equally split between the parties.
8. Right to Terminate. This Interlocal Agreement may be terminated by any
party at any time upon not less than sixty (60) days written notice.
9. ~. This Interlocal Agreement shall be binding upon the parties and
the parties shall be held responsible to the agreed upon deadlines.
10. Personal property. The parties to this Agreement may after expiration of
this grant and in a manner consistent with Section 17 ofthe US
Environmental Protection Agency Cooperative Agreement PO J08801
retain any personal property purchased with these EPA grant funds.
Interlocal Agreement: Clallam - Jefferson Counties
Enhancing Shoreline Protection: Measuring & Achieving No Net Loss (ESP-NNL)
August I, 2011
Page 3 of4
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement
to be executed effective the date and year first mentioned hereinabove.
CLALLAM COUNTY BOARD OF
COMMISSIONERS
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
Howard V. Doherty, Jr., Chair
John Austin, Chair
Mike Chapman, Commissioner
David Sullivan, Commissioner
Stephen P. Tharlnger, Commissioner
Phil Johnson, Commissioner
Attest:
Attest:
Trish Holden, Clerk ofthe Board
Lorna Delaney, Clerk of the Board
Approved as to Form:
Approved as to Form:
711 ~l20n
J)
Doug Jensen, Chief Civil Prosecuting
Attorney
David Alvarez, Deputy Prosecuting
Attorney
Inter/ocal Agreement: CIa/lam - Jefferson Cauntles
Enhancing Shoreline Protection: Measuring & Achieving No Net Loss (ESP-NNL)
August 1, 2011
Page 4 of4
[Y:k, b.-~" A ..
o - ooJO o -0 PaQ81
ASSISTANCE ID NO.
.~~,. U.S. ENVIRONMENTAL PRG I DOCID AMENlliI DATE OF AWARD
PO - OOJ08801 - 0 0612312010
~~ PROTECTION AGENCY TYPE OF ACTION MAlUNG DATE
New 0613012010
Cooperative Agreement PAYMENT METHOD: ACII#
X0554
RECIPIENT TYPE: Send Payment Request to:
County Las Vegas FInance Canter
FAX 1/ 702-798-2423
RECIPIENT: PAYEE:
Clallam County C1allam County
223 E 4th straat Suite 5 223 E 4th Streat Sulle 5
Port Angelas. WA 98362 Port Angalas. WA 98382
ElN: 91-6001298
PROJECT MANAGER EPA PROJECT OFFICE~ EPA GRANT SPECIAUST
Cathy Lear Mlchella Wiloox Tony Fournier
223 E 4th Streat Suite 5 300 Desmond DrIve S.E.. WOO 1200 SIxIh Avanue. Suite 900. OMP-145
Port Angelas. WA 98362 Lacey. WA 98503 SeaWe.WA 98101
E-Mail: clear@oo.oIallam.wa.ua E-MaU: Wlloox.M1chella@epa.gov E-Mail: Foumler.Tony@apa.gov
Phone: 380-417-2361 Phone: 360-753-9643 Phone: 206-563-1836
PROJECT TITLE AND DESCRIPTION
Enhancing Shorellns Prolactlon
Clallam County is updaUns lIa Shoreline Master Program (SMP) and Is required 10 develop policies and regulsUons to achieve "no net lOBS' (NNL) of eoologlcal
functions. Through this work the County will create a more maanlngfuJ. ooJlahoratlve. and datenalble framework for a_ng and tracking developmanl
Impaola using eoologleal function indicators. Tha framework will yield crlllcaJ information for shoreline managemenl strategies and hatter pennll deolaions. This
work Is pert of a larger inleroonneolad effort 10 use eoologleal indlcetors 10 Infonn management decialons for Puge! Sound.
THIS AGREEMENT IS PARTIALLY FUNDED IN THE AMOUNT OF $499.956. SEE ADMINISTRATIVE CONDITION 15 FOR ADDITIONAL INFORMATION.
BUDGET PERIOD I PROJECT PERIOD TOTAL BUDGET PERIOD COST I TOTAL PROJECT PERIOD COST
0510112010 - 12/3112012 0510112010 - 12/3112012 $1.329.916.00 $1.329.915.00
NOTICE OF AWARD
Sesed on your application daled 04/0712010. including all modiflcallons and amendmenlB. the Unlled Slales acting by and through the US Environmenlal
Protection Agency (EPA). hareby awarda $499.958. EPA agrees to cost-ahare 37.59% of all approved budget penod costs Incurred. up to and not exceeding
lolal lederal funding of $499.958. Such award may ha terminated by EPA without further cause II the raclplenl fails to providetimaly afllnnallon of the award hy
signing under the Afllnnsllon of Award section and reltJmlng all pages of this agreemenl to tha GranlB Managemen! OlIIce IIsled halow within 21 days aller
racalpt. or any extension of time. as may ha granled by EPA. This agreement Is aubJecilo applicable EPA slatutory provisions. The applicable regulatory
provisions are 40 CFR Chapter 1. Subchapter B, and all terms and conditions of this agreement and any attachments.
ISSUING OFFICE (GRA S MANAGEMENT OFFICEj AWARD APPROVAL OFFICE
ORGAN~TlON/ADDRESS ORGAN~TlON/ ADDRESS
EPA Region 10 U.S. EPA. Region 10
Mall Code: OMP-145 OlIIce of EoosysJams Tnbal and Public Affairs
1200 SIxIh Aven"". Sulle 900 1200 SIxIh Avenue. Suite 900
SeaWe. WA 98101 Seetlla. WA 98101
THE UNITED STATES OF AMERICA BY THE U.S. ENVlRONMENTAl:PROTECTlON AGENCY
SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE
D1gllalslgnature applied by EPA Award OlIIclal 0612312010
Armina K. NoJan. Manager ~ Grants and Interagency Agreements Unit
AFFIRMATION OF AWARD I
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE TYPED NAME AND TITLE DATE
Howard V. Doherty. Jr.. Chair. Board of Clallam County Commlsslonsra
P 881
EPA Funding Information po. 00408801 . 0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAl
EPA Amount this Action $ $ 499,958 $ 499,958
EPA In-KInd Amount $ $ $ 0
Unexpended PrJorYear Balance $ $ $0
other Federal Funds $ $ $0
Recipient Contrlbutlon $ $ 330,000 $ 330,000
Slale Contrlbutlon $ $ $0
Local Contrlbutlon $ $ $0
other Contrlbutlon $ $ $0
Allowable Project Coat $0 $ 829,968 $ 829,968
Aesletance Program (CFDA)
88.120. Pugel Sound Watershed Management
Assistance
Statutmy Authorlty
Clean Water Act: Sec. 320
FY 2009 Omnibus Approprlatlons Act (pL 111-8)
Regulatory Authorlty
40 CFR PTS 31 & 36 SUBPT P
Fiscal
Site Name Req No FY Approp. Budget PRC Object SlteJProJect Coat Obligation I
Cede Organization Clase Organization Deobllgetion
. 1010UQG031 091 E 10UOCKJ- 403B68EPJ 418 499,96E
499,951
PO - 00J06601 - 0 Page 3
SUdoel Summary Paoa
Table A - Object Class Category Total Approved Allowable
(Non--constructlon) Budget Period Coat
1. Personnel $151,957
2. Fringe Ben_ $46,626
3. Travel $3,936
4. Equipment $101,927
5, SupplIes $0
6. Contractual $751,664
7, ConstructIon $0
S.other $226,193
9. Total Direct Charges $1,284,525
10, Indirect Costa: % Base $45,3ll0
11. Total (Share: Recipient 62.41 % Federal 37.59 %,) $1,329,915
12. Total Approved Assistance Amount $999,915
13. Program Income $0
14, Total EPA Amount Awarded This ActIon $499,956
15. Total EPA Amount Awarded To Date $499,956
.
..
~.
Administrative Conditions
PO - OOJoaa01 - 0 paga 4
1. Payment Information
All recipients must be enrolled to receive funds electronically via the EPA-EFT Payment Process. This
electronic funds transfer procass was initiated by EPA in response to the Debt Collection Improvement
Act of 1996, P.L. 104-134 that requires all federal payments be mede via Direct DepositlElectronlc Funds
Transfer(DDIEFT). By signing the assistance agreement you are agreeing to receive payment
electronically.
In order to receive payments electronically, the ACH Vendor! MIscellaneous Payment Enrollment
Form ($F3881) must be completed and faxed to Marge Pumphrey at (702) 798.2423.
After reviewing and processing the SF3881, the Las Vegas Finance Center (L VFC) will send you a letter
assigning you an EFT Control Number, an EPA-EFT Recipienfs Manual, and the necessery forms for
requesting funds and reporting purposes.
If you need further assistance regarding enrollment, please contact Marge Pumphray at (702) 798-2492
or bye-mail to: pumphrey.margaret@epa.gov.
Any recIpient currently usIng the Automated Standard Application for Payments (ASAP) system
wlth another government agency Sh9Uld contact Marge Pumphrey at (702) 798.2492 or e-mail to:
pumphrey.margaret@epa.gov.
Under any of the aoove payment mechanisms, recipients may request/draw down advances for their
immediate cash needs, provided the recipient meets the requirements of 40 CFR 30.22(b) or 40 CFR
31.21 (c), as applicable. Additionally, recipients must liquidate all obligations Incurred within 90 calendar
days of the project period end date. Therefora, recipients must submn the final request for paymen~ and
refund to EPA any balance of unobligated cash advanced within 90 calendar days after the end of the
project period.
2. Cost PrlnclplesRndlrect Costs for Local Governments & Interstate Agencies
The cost principles of OMB Circular IY-87, 'Cost Principles for State, Local, and Indian Tribal
Governments: relocated to 2 CFR Part 225, is applicable, as eppropriate, to this award.
If the recipient does not have a previously established Indirect cost rate, n agrees that it will prepare ns
Indirect cost rate proposal and/or cost allocation plan in accordance with OMB Circular A-87, 'Cost .
Principles for State, Local, and Indian Tribal Governments.' For proposal preparation, the recipient may
use the appropriate completeness checklist located at: hllP:!Iwww.aad.nbc.aovfJndirectlindirect.aso.
The local government recipient whose cognizant federal agency has been designated by the OffIce of
Management and Budget (OMB) must develap and submit ns indirect cost rate proposal to ns cognizant
agency within six (6) months after the close of the governmental unifs fiscal year. If the cognizant federal
agency has not been identified by the OMB, the local government recipient must still develop (and when
required, submit) ns proposal within that period.
The interstate agency reCipient must send ns proposal to ns cognizant federal agency within six (6)
months after the end of ns fiscal year. If EPA is the cognizant federal agency of either the interstate
agency or the local govemmen~ the recipient must send ns indirect cost rate proposal within six (6)
months after the end of ns fiscal year to:
Reaular Mail
Office of Grants and Debarment
U.S. Environmental Protaction Agency
1200 Pennsylvania Avenue, NW, MC 3903R
Washington, DC 20460
Attn: OGD Indirect Cost Rate Proposal Control Desk
Mail Courier le.o. FedEl<. UPS. etc.)
Office of Grants and Debarment
U.S. Environmental Protection Agency
1300 Pennsylvania Avenue, NW, 5th fioor
Washington, DC 20004
Attn: OGD Indirect Cost Rate Proposal Control Desk
Electronic submissions of proposals may be mailed to OGD IndirectCost@eoa.oov.
Recipients are entitled to reimbursement of indirect costs, subject to any statutory or regulatory
administrative cost limitations, if they have a current rate agreement or have submitted an indirect cost
rate proposal to their cognizant federal agency for review and approval. Recipients are responsible for
maintaining an approved indirect cost rate throughout the life of the award. Recipients are responsible
for submitting any subsequent rate proposals to the appropriate cognizant agency no later than 180 days
attar the end of the recipient's fiscal year. Recipients may draw down grant funds once a provisional or
final rate has been approved, and only for indirect costs Incurred during the period specified In the rate
agreement. Recipients are not entitled to indirect costs for any period In which the rate has expired.
Recipients may not draw down grant funds for any indirect costs which were not incurred during the
period of the approved rate agreement.
Recipients with differences between their provisional rates and final rates are not entitled to more than
the award amount, without EPA approval. Recipients may request supplemental amendments (to grants
which have not expired or been closed out) for additional funding to cover Increased indirect costs. EPA
approval of a supplemental amendment Is subject to the availability of funds.
Pursuant to 40 CFR 31.26, recipient agrees to comply with the audtl requirements prescribed in the
Single Audtl Act Amendments, and revised OMS Circular A-133, "Audits of States, Local Governments,
and Non-Profit Organizations: Including Subpart C Section 305(b} which addresses the restriction on
audtlors preparing indirect cost proposals.
3. Federal Financial Report (FFR)
Recipients shall submtl final Federal Financial Reports (FFR), standard Form 425 (SF-425), to EPA no
later than 90 calendar days after the end of the project period. The form is available on the internet at
htto://www.eoa.oov/ocfolfinservlces/forms.htm. All FFRs must be submitted to the Las Vegas Finance
Center: US EPA, LVFC, PO Box 98616, Las Vegas, NV 89193, or by FAX to: 702-798-2423.
,
The L VFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final
Federal Financial Report. Recipients will be notified and instructed by EPA if they must complete any
additional forms for the closeout of the assistance agreement.
EPA may tekeenforcement actions in accordance with 40 CFR 30.62 and 40 CFR 31.43 if the recipient
does not comply with this term and condition.
,
4. Audit Requirements
The recipient agrees to comply with the requirements of OMS Circular A-133, "Audtls of Stetes, Local
Governments, and Non-Profit Organizations."
6. Hotel-Motel Fire Safety Act
Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that aU space
for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds
compUes with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as
amended). Recipients may search the Hotel-Motel National Master List at
htto:lfwww.usfa.dhs.aov/aoollcationslhotel to see if a property Is in compliance (FEMA 10 Is currentiy not
required), or to find other information about the Act.
6. Recycled Paper
INSTITUTIONS OF HIGHER EDUCA TION HOSPITALS AND NON-PROFIT ORGANIZA TlONS:
In accordance with 40 CFR30.16, the recipient agrees to use recycled paper and double sided printing
for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement
does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on
recycled paper and are available through the General Servlces Administration.
STATE AGENCIES AND POUTlCAL SUBDMSIONS:
In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C.
6962) any State agency or agency of a political subdivision of a State which Is using appropriated Federal
funds shall comply with the requirements set forth. Regulations Issued under RCRA Section 6002 apply
to any acquisition of an Item where the purchase price exceeds .$1 0,000 or where the quantity of such
Items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002
requires that preference be given in procurement programs to the purchase of specific products
containing recycled materials identified in guidelines deveioped by EPA. These guidelines are listed in 40
CFR247.
STA TE AND LOCAL INSTITUTIONS OF HIGHER EDUCA TION AND NON-PROFIT
ORGANIZA TlONS:
In accordance with 40 CFR 30.16, State and local Institutions of higher education, hospttais, and
non-profit organizations that receive direct Federal funds shall give preference in their procurement
programs funded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines.
STA TE TRIBAL AND LOCAL GOVERNMENT RECIPIENTS:
In accordance with the polices set forth In EPA Order 1000.25 and Executive Order 13423, Strengthening
Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees
to use recycled paper and double sided printing for aU reports which are prepared as a part of this
agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied
by EPA, or to Standard Forms, which are printed on recycled paper and are available through the
General Services Adminlatration.
7. LobbyIng
ALL RECIPIENTS:
The recipient agrees to comply with Trtle 40 CFR Part 34, New Restrictions on LObbying. The recipient
shaU include the language of this provision In award documents for all subawards exceeding $100,000,
and require that sub recipients submtt certification and disclosure forms accordingly.
In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited
expenarture under Trtle 40 CFR Part 34 or fails to file the required certification or lobbying forms shaU be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expendtture.
PART 30 RECIPIENTS:
AU contracts awarded by a recipient shaU contain, when appUcable, the anti-lobbying provision as
stipulated In the Appendix at Title 40 CFR Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act, tha recipient affirms that it is not a nonprofit
organization described In Section 501 (c)(4) of the Internal Revenue Code of 1986; or that it is a nonprofit
organization described in Sactlon 501 (c)(4) of the Code but does not and will not engage in lobbying
actMties as defined in Section 3 of the Lobbying Disclosure Act.
8. Lobbying and Litigation
ALL RECIPIENTS:
The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this
assistance agreement are used to engage in iobbying of the Federal Government or in litigation against
the United States unless authorized under exlsting law. The recipient shall abide by its respective OMB
Circular (A-21 , A-87, or A-122), which prohibits the use of Federal grant funds for litigation against the
United States or for lobbying or other political activities.
9. Suspension and Debannent
Recipient shall fully comply with Subpart C of2 CFR Part 180 and 2 CFR Part 1532, entitled
"Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)."
Recipient is responsible for ensuring thet any lower tier covered transaction as described In Subpart B of
2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," Includes a term or condition
requiring compliance with Subpart C. Recipient is responsibie for further requiring the Inclusion of a
similar tarm or condition In any subsequentlowar tier covered transactions. Recipient acknowiedges that
failing to disclose the Information as required at2 CFR 180.335 may result in the delay or negation of this
assistance agreement, or pursuance of legal remedies, including suspension and debarment.
Recipient may access the Exciuded Parties List System at www.epls.oov.Thls term and condition
supersedes EPA Form 5700-49, 'Certification Regarding Debarment, Suspension, and Other
Responsibility Matters.'
10. Drug-Free Workplace Certlflcatlon for all EPA Recipients
The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to
maintain a drug-free workplace pursuant to the specific requirements set forth in TItle 40 CFR 36.200 -
36.230. Additionally, in accordance with these regulations, the recipient organization must identify all
known workplaces under its federal awards, and keep this information on file during the performance of
the award.
Those recipients who are IndMduals must comply with the drug-free provisions set forth In TItle 40 CFR
36.300.
The consequences for violating this condition are detailed under Trtle 40 CFR 36.510. Recipients can
access the Code of Federal Regulations (CFR) TItle 40 Part 36 at
hltP:/lwww.access.ooo.oov/naralcfrlwaisidx 06/40cfr36 06.htm!.
11. Management Fees
Management fees or similar charges in excess of the direct costs and approved indirect rates are not
allowable. The term "management fees or similar charges' refers to expenses added to the direct costs
in order to accumuiate and reserve funds for ongoing business expenses, unforeseen liabilities, or for
other similar costs which are not allowable under this assistance agreement. Management fees or similar
charges may not be used to improve or expand the project funded under this agreement, except to the
extent authorized as a direct cost of carrying out the scope of work.
12. Reimbursement limitation
If the recipient expends more than the amount of federal funding in its EPA approved budget in
anticipation of receMng additional funds from EPA, ~ does so at ~s own risk. EPA is not legally obligated
to reimburse the recipient for costs incurred In excess of the EPA approved budget.
13. Trafficking VIctims Protection Act of 2000
To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended,
the following proviSions apply to this award:
a. We, as the Federal awarding agency may unilaterally terminate this award, ~out penalty, if a
subreclplent that is a private entity: (1) is determined to have violated en applicable prohibition in the
Prohibition Statement below; or (2) has an employee who Is determined by the agency official authorized
to terminate the award to have violated an appllceble prohibition In the Prohibition Statement below
through conduct that is either. (a) associated ~ performance under this award; or (b) imputed to the
sub recipient using the standards and due process for imputing the conduct of an Individual to an
organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Govemmentwlde
Debarment and Suspension (Nonprocurement)," as Implemented by our agency at 2 CFR part 1532.
You must inform us immediately of any information you receive from any source alleging a violation of a
prohibttion In the Prohibition Statement below.
b. Our right to terminate unilaterally that Is described in paragraph a of this award term: (1) implements
section 106(g) of the Trafficking Victims Protection Act of 2000 (1VPA), as amended (22 U.S.C. 7104(g)),
and (2) is in edditlon to all other remedies for noncompliance that are available to us under this award.
c. You must include the requirements of the Prohibition Statement below in any subaward you make to a
private entity.
Prohlb~ion Statement - You as the recipient, your employees, subreciplents under this award, and
subracipients' employees may not engage in severe forms of trafficking in persons during the period of
time that the award is In effect; procure e commercial sex act during the period of time that the award is in
effect; or use forced labor in the performance of the award or subawards under the award.
14. Disadvantaged BusIness EnterprIse Requirements (Effective May 27, 2008)
GENERAL COMPLIANCE, 40 CFR, Part 33
The recipient agrees to comply ~ the requlraments of EPA's Program for Utilization of Small, Minority
and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR,
Part 33.
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
A recipient must negotiate with the appropriate EPA award official, or hlslher designee, fair share
objectives for MBE and WBE (MBElWBE) participation in procurement under the financial assistance
agreements.
Accepting the FaIr Share ObJectives/Goals of Another RecIpient
The dollar amount of this assistance agreement is over $250,000; or the total dollar amount of all of the
recipient's non-TAG assistance agreements from EPA in the current fiscal year is over $250,000. The
recipient accepts the applicable MBElWBE fair share objectives/goals negotiated w~ EPA by the
WashIngton OffIce of Mlno~ and Women's Business Enterprises as follows:
MBE: PURCHASED GOODS 8%; PURCHASED SERViCES 10%; PROFESSIONAL SERVICES 10%
WBE: PURCHASED GOODS 4%; PURCHASED SERVICES 4%; PROFESSIONAL SERVICES 4%
By signing this financial assistance agreement, the recipient Is accepting the fair share Objectives/goals
stated above and attests to the fact that ~ is purchasing the same or similar construction, supplies,
services and equipment, in the same or similar relevant geographic buying market as Washington OffIce
of Mlno~ and Women's BusIness Enterprtses.
Negotiating Fair Share ObJectives/Goals, 40 CFR, Section 33.404
The recipient has the option to negotiata its own MSElWBE fair share objectives/goals. If the recipient
wishes to negotiate its own MSElWBE fair share objectives/goals, the recipient agrees to submit
proposed MSElWBE objectives/goais based on an availability analysis, or disparity study, of qualified
MSEs and WBEs in their relevant geographic buying market for construction, services, suppiles and
equipment
The submission of proposed fair share goals with the supporting analysis or disparity study means that
the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to
submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity
study, to the Regional MSE/WBE Coordinator within 120 days of its acceptance of the financial
assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving
the submission. If proposed fair share obJective/goais are not received within the 120 day time frame, the
recipient may riot expend its EPA funds for procurements until tha proposed fair share objective/goals are
submitted.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Seclion 33.301, the recipient agrees to make tha foilowing good faith efforts
whenever procuring construction, equipment, services and supplies under an EPA financial assistance
agreement, and to ensure that sub-recipients, loan recipients, and prime contractors also compiy.
Records documenting compliance with the six good faith efforts shail be retained:
(a) Ensure DSEs are made aware of contracting opportunities to the fuilest extent practicable through
outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this
wiil include placing DSEs on solicitation i1sts and soliciting them whenever they are potential sources.
(b) Make information on forthcoming opportunities available to DSEs and arrange time frames for
contracts and establish delivery sChedules, where the requirements permit, In a way that encourages and
facilitates participation by DSEs in the competitive process. This includes, whenever possible, posting
solicitations for bids or proposais for a minimum of 30 calendar days bafore the bid or proposal closing
data.
(c) Consider In the contracting process whether firms competing for large contracts could subcontract
with DSEs. For Indian Tribal, Stete and local Government recipients, this wiil include dividing total
requirements when economlcaily feasible into smailer tasks or quantities to permit maximum participation
by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DSEs when a contract is too large for one of these firms
to handle indivlduaily.
(e) Use the services and assistance of the SSA and the Minority Business Development Agency of the
Department of Commerce.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in
paragraphs (a) through (e) of this section.
MBElWBE REPORTING, 40 CFR, Part 33, Sections 33.602 and 33.603
The recipient agrees to complete and submit EPA Form 5700-52A, "MSElWBE Utilization Under Federal
Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year
reporting period the recipient receives the award, and continuing until the project is complated. Only
procurements with certified MBElWBEs are counted toward a recipient's MBE/WBE
accomplishments. The reports must be submitted semiannually for the periods ending March 31" and
.
September 30 for:
Recipients of financial assistance agreements that capitalize revolving loan progrems (CWSRF,
DWSRF, Brownfields); and
All other recipients not Identified as annual reporters (40 CFR Part 30 and 40 CFR Part 35, Subpart A
and Subpart B recipients are annual reporters). .
The reports are due within 30 days of the end of the semiannual reporting periods (April 30" and
October 30j. Reports should be sent to the EPA Region 10, Grants Administration Unit, 1200
Sixth Avenue, Suite 900, Mallcode: OMP-145, Seattle, WA 98101. For fUrther Information, please
contact Greg Luchey at (206) 663-2967, emall: Luchev.Greo<1ilepa.oov. Final MBElWBE reports
must be submitted within 90 days after the project period of the grant ends. Your grant cannot be
officially closed without all MBElWBE reports.
EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on
the Internet at www.eoa.aov/osbp.
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302.
BIDDERS LIST, 40 CFR, Section 33.601 (b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grent, agree to create
and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving
loan fund also agree to require entities receiving Identified loans to create and maintain a bidders list If
the recipient of the loan is subject to, or chooses to follow, competttive bidding requirements. Please see
40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions.
16. Partial FundIng
This agreement is being partially funded by EPA in the amount shown on page 2 under "EPA Funding
Information.' The recipient understands that additional EPA funds may be awarded on this assistance
agreement, subject to availability of additional appropriated funds. EPA's approval of the work plan,
budget, and projectlbudget periods does not constttute an EPA commitment to provide funds in excess of
the amount currently funded in this agreement.
If this agreement Includes cost share/match based on obtaining full EPA funding, and EPA Is not able
to fully fund Ita portion of the total project costs. the recipient has the option of reducing tts cost
share/match, as long as the reduction is not below the minimum statutory or programmatic required cost
share/match. The recipient must submtt tts request for reduction to the EPA Project Officer, since work
plan and budget revisions may be necessary.
NOTE: The share percentages currentiy shown in the Table A budgets and page one of this agreement
are electronically calculated based on the current EPA funding amount and total project cost. The
percentage will change if and when additional EPA funding is provided by assistance amendment.
16. Paymentto Consultants
EPA participation in the salary rate (excluding overhaad) paid to individual consultants retained by
recipients or by a recipienfs contractors or subcontractors shall be Iimtted to the maximum daily rata for
Level IV of the Executive Schedule (formeriy GS-18), to be adjusted annually. This limit applies to
consultation services of deslgnatad individuals with specialized skills who are paid at a daily or hourly
rate. As of January 1, 2010, the Iimtt is $596.00 per day $74.50 per hour. This rate does not include
transportation and subsistence costs for travel performed (the recipient will pay these in accordance with
their normal travel reimbursement practices).
Subagreements with firms for services which are awarded using the procurement requirements in 40
CFR Parts 30 or 31, as applicable, are not affected by this Iimttation unless the terms ofthe contract
provide the recipient with responsibility for the seiectlon, direction, and control of the IndMduals who will
be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR
30.27(b) or 40 CFR 31.360), as appllcabie, for additional information.
NOTE: For future years' IImfis, the recipient may find the annual salary for Level IV of the Executive
Schedule on the following Internet sfie: http://www.opm.gov/oca. Select "Salary and Wages", and select
"Executive Scheduie". The annual salary Is divided by 2087 hours to determine the maximum hourly
rate, which is then multiplied by 8 to determine the maximum daily rate.
17. Equipment Disposition
The recipient may keep the equipment and continue to use it on the project orlglnelly funded through the
assistance agreement or on other federally funded projects whether or not the project or program
continues to be supported by Federal funds.
STA TE AGENCIES:
State agencies may manage and dispose of equipment acquired under assistance agreements in
accordance wfih state laws and procedures.
SUPERFUND PROGRAM TO ALL RECIPIENTS:
Equipment purchased under Superfund projects Is subject to specific disposal options. Refer to 40 CFR
35.6345.
18. Subawards
a. The reciplant agrees to:
(1) Establish all subaward agreements in writing;
(2) Maintain primary responsibility for ensuring successful completion of the EPA-a~proved project
(this responsibility cannot be delegated or transferred to a subreciplent);
(3) Ensure that any subawards comply with the standards in Section 210(a)-(d) of OMS Circular
A-133 and are not used to acquire commercial goods or services for the recipient;
(4) Ensure that any subawards are awarded to eligible subrecipients and that proposed subaward
costs are necessary, reasonable, and allocable;
(5) Ensure that any subawards to 501 (c)(4) organizations do not involve lobbYing actlvfiies;
(6) Monfior the performance of their recipients and ensure that they comply wfih all applicable
regulations, staMas, and terms and conditions which fiow down In the subaward;
(7) Obtain EPA's consent before making a subaward to a foreign or International organization, or a
subeward to be performed In a foreign country; and
(8) Obtain approval from EPA for any new subaward work that Is not outlined in the approved work
plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable.
b. Any questions about subrecipient eligibility or other issues pertaining to subawards should be
addressed to the reclpienfs EPA Project Officer. Additional Information regarding subawards may be
found at htto://www.eoa.aov/oadlauide/subaward-oollcv-oart-2.odf.Guidance for distinguishing between
vendor and subrecipient relationships and ensuiing compliance with Section 210(a)-(d) of OMS Circular
A-133 can be found at htto:/Iwww.eoa.aov/wd/auide/subawards-apwndix-b.odfand
htto://www.whfiehouse.aov/omb/clrcularsla133/a133.html.
c. The recipient is responsible for selecting Its subrecipients and, if applicable, for conducting subaward
competitions.
Proarammatic Conditions
Puget Sound Watershed Management Assistance Program
1. Semi-Annual Performance Reports
The recipient shall submit performance reports every six (6) months during the life of the project. Reports
are due 30 calendar days after the end of each reporting period. Reports shall be submitted to the EPA
Project Officer and may be provided electronically.
In accordance with 40 CFR Part 30.51 (d) and 40 CFR Part 31.40, as appropriate, the recipient agrees to
submit performance reports that include brief information on each of the following areas:
(a) a comparison of actual accomplishments to the outputs/outcomes established in the assistance
agreement work plan for the period;
(b) the reasons for slippages if established outputs/outcomes were not met;
(c) additional pertinent Information, including when appropriate, analysis and Information of cost overruns
or high unit costs.
In addition to the semi-annual performance reports, the recipient shall immediately notify the EPA Project
Officer of developments that have a significant impact on the award-supported activJties. In accordance
with 40 CFR Part 30.51(1) and 40 CFR Part 31.40(d), as appropriate, the recipient agrees to inform the
EPA Project Officer as soon as problems, delays or adverse conditions become known which will
materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work
plan. This notification shall include a statement of the action taken or contemplated, and any assistance
needed to resolve the situation.
2. Final Performance .Report
In addition to the periodic performance reports, the recipient shall submit a final performance report,
which is due 90 calendar days after the expiration or termination of the award. The report shall be
submitted to the EP A Project Officer and may be provided electronically: The report shall generally
contain the same information as in the periodic reports, but should cover the entire project period. After
completion of the project, the EPA Project Officer may waive the reqUirement for a final performance
report if the EPA Project Officer deems such a report is inappropriate or unnecessary.
3. Program Income - Addition
If progrem Income is generated, the recipient is required to account for program income related to this
project. Program income earned during the project period shall be retained by the recipient and shall be
added to funds committed to the project by EPA and the recipient, and shall be used to further eligible
project objectives.
4. Information Collection Requirements
EPA and the recipient agree to comply with the requirements of the Paperwork Reduction Act in
completing the project. Because the scope of work Includes a survey, a questionnaire or similar
information-gathering activity, the Paperwork Reduction Act of 1995 (44 V.S.C. 3501 et seq. ), requires
EPA to obtain Office of Management and Budget (OMB) clearance prior to the reclpienfs collection of
information by means of identical questions posed to 10 or more persons.
The recipient will provide to the EPA Project Officer the following information: (1) description of the
Information to be collected; (2) explanation of the need for the information; and (3) to whom the survey is
being directed.
6. Recognition of EPA Funding
Reports, documents, signage, videos, or other media, developed as part of projects funded by this
assistance agreement shall contain the following statement:
"this project has been funded wholly or In part by the United States Environmental Protection Agency
under assistance agreement PO-00J08801 to Clallam County. The contents of this document do not
necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of
trade names or commercial products constitute endorsement or recommendation for use:
ll. Copyrighted Material
In accordance with 40 CFR 31.34 for State, local and Indian Tribal govemments or 40 CFR 30.36 for
other recipients, EPA has the right to reproduce, publlsh, use, and authorize others to use copyrighted
works or other data developed under this assistance agreement for Federal purposes.
Examples ofa Federal purpose Include but are not llmited to: (1) Use by EPA and other Federal
employees for official Government purposes; (2) Use by Federal contractors performing specific tasks for
the Government; (3) Publication in EPA documents provided the document does not disclose trade
secrets (e.g. software codes) and the work Is properly attributed to the recipient through citation or
otherwise; (4) Reproduction of documents for inclusion In Federal depositories; (5) Use by State, tribal
and local governments that carry out delegated Federal environmental programs as "co-regulators" or act
as official partners with EPA to carry out a national environmental program within their Jurisdiction and; (6)
Limited use by other grantees to carry out Federal grants provided the use Is consistent with the terms of
EPA's authorization to the other grantee to use the copyrighted works or other data.
Under Item 6, the grantee acknOWledges that EPA may authorize another grantee(s) to use the
copyrighted works or other data developed under this grant as a result of:
a. the selection of another grantee by EPA to perform a project that will involve the use of the
copyrighted works or other data or;
b. termination or expiration of this agreement
In addition, EPA may authorize another grantee to use copyrighted works or other data developed with
Agency funds provided under this grant to perform another grant when such use promotes efficient and
effective use of Federal grant funds.
7. EPA's Substantial Involvement
EPA will be substantially Involved In this project by participating in the following activities: (1) Within the
first nine months of the project, EPA reserves the right to negotiate work plan and budget; (2) monitor the
project management and execution throughout the assistance agreemenfs project and budget period; (3)
provide technical assistance and coordination as requested or needed by the recipient; and (4) review
and approve technical deliverables.
8. Information Technology
Recipients are required to Institute standardized reporting requirements into their work plans and Include
such costs in their budgets. All environmental data will be required to be entered Into the Agency's
Storage and Retrieval data system (STORET). STORET is a repository for water quality, biological, and
other physical data used by state environmentsl agencies, EPA and other federal agencies, universities,
private citizens, and many other organizations. It is highly recommended that the grant recipient attend
EPA sponsored STORET training as soon as practical and as training is available. Information regarding
training sessions sponsored by EPA will be provided by the EPA Project Officer. More information about
STORET can be found at htto:/Iwww.eoa.oov/STORET.
Region 10 STORET Contact: John Liston, STORET Coordinator, at (206) 553-2580 or email:
Liston.John@eoa.oov.
END OF ASSISTANCE AGREEMENT PO-OOJ08801-0
PO - OOJ08801 -1 P""e1
ASSISTANCE ID NO.
.>>~,. U.S. ENVIRONMENTAL PRG I DOC ID IAMENDII DATE OF AWARD
PO . OOJ08801 - 1 08123/201 0
~~ PROTECTION AGENCY TYPE OF ACTION MAtUNG DATE
Augmentation: Increase 0813012010
Assistance Amendment PAYMENT METHOD: ACHII
X0554
RECIPIENT TYPE: Send Payment Request to:
County Las Vegas F1narn:e Canter
FAX # 702-798-2423
RECIPIENT: PAYEE:
CIaUam County Clallam County
223 E 4th Strae~ SUUs 5 223 E 4th Street. SuUS 5
Port Angeles. WA 98362 Port Angeles. WA 98362
EtN: 91-6001298
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIAUST
Cathy Lear Michelle Wilcox Tony Fournier
223 E 4th Strae~ suua 5 300 Desmond Drive S.E.. WlDO 1200 Sixth Avenua. SuUS 900. OMP-145
Port Angelea. WA 98362 Lacey. WA 96503 Seattle. WA 98101. OMP-145
E-Mail: c1ear@co.c1aUam.wa.us E-Mail: Wllcox.M1cheUe@epa.gov E-Mail: Foumler.Tony@epa.gov
Phona: 360-417-2361 Phone: 360-753-9543 Phone: 206-553-1838
PROJECT TITLE AND EXPlANATION OF CHANGES
Enhancing Shoreline Protection
Thla amendment Increases EPA funding by $499.957 (fully funding the asslalance agreemantln the amounl of $998.915); removes admlnlstratlve condition 15
(partial funding); and removes programmatic condition 4 {information- collection requirements}. All other terms and conditions remain the same.
BUDGET PERIOD I PROJECT PERIOD TOTAl BUDGET PERIOD COST I TOTAl PROJECT PERIOD COST
0510112010 - 12/3112012 05i0112010 - 12/3112012 $1.329.915.00 $1.329.915.00
NOTICE OF AWARD
Basad on your application dated 0410712010. including an modlficaUons and amendmenla. the UnUed Statas lKlUng by and through the US Environmental
ProtectIon Agency (EPA). hereby awards $498.957. EPA agrees to cost-share 75.19% of all approved bud9at pedod costs incurred. up to and nolexcaedln9
totel_ral funding 01$998.915. Such award may be tennlnaled by EPA wllhoul fudhar causa n the recipient laila to provldeUmely afllnnation of the award by
signing under the AfIlnnation of Award sactlon and returning all pages of this agreement 10 the Grenta Management Office listed below wllhln 21 days after
recelpl. or any extension of time. as may be grented by EPA. This agreemenl is subJed to applicable EPA statutory provisions. The applicable regulatory
provisions are 40 CFR Chaptar 1. Subchapter B. and aU lenns and conditions of this agreement and any attachmenta.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION/ ADDRESS ORGANIZATION I ADORESS
EPA Region 10 U.S. EPA, Region 10
Mall Code: OMP-145 Ofllce of Ecosystems Tdbaland Publlo Affairs
1200 Sixth Avenue. SUUs 900 1200 Sixth Avenue. suua 900
Seattle. WA 98101 Seattle.WA 98101
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAl PROTECTION AGENCY
SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE
DigUSI signature applied by EPA Award Official 0812312010
Annlne K. Nolan. Manager - Grents and Interagency Agreements Un~
AFFIRMATION OF AWARD I
BY AND ON BEHALF OF THE OESIGNA TED RECIPIENT ORGANIZATION
SIGNATURE TYPED NAME AND TITLE DATE
10/05/2010
Howard V. Doheny. Jr.. Chair. Board of Claliam County Commissioners
EPA Funding Information PO - OOJ08801 -1 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ 499,958 $ 499,957 $ 999,915
EPA In-KInd Amount $0 $ $ 0
Unexpended Prior Year BaJance $0 $ $0
other Federal Funds $0 $ $0
Reelplent Contribution $ 330,000 $ $ 330,000
S_ Contribution $0 $ $0
Local ContrlbuUon $0 $ $0
Other ContrlbuUon $0 $ $0
Allowable Project Cost $ 829,958 $ 499,957 $1,329,915
Ass_nca Progmm (CFDA)
66.120 - Puget Sound Watershed Management
Asslsta"""
Statutory Authority
Claan Water Act Sec. 320
FY 2009 Omnibus Approprla1lons ACl (PL 111-8)
Public Law 111.sll
Department of Interior
Environment and Related Agendas Appropriations
ACl2010
Regulatory Authority
40 CFR PTS 31 & 35 SUBPT P
Fiscal
SIleName Raq No FY Approp. Budget PRC Object SIleIProJect Cost ObllgaUon J
Code Organization Class Organization OaobllgaUOn
- 1010UQG052 1011 ! 10UOCKH 403B66EP 418: 499.9S;
499,95
- 0 pprov owa
(Non-constructlon) Budget Period Cost
1. Personnel $151,957
2. Fringe Benefits $48,626
3. Travel $3,938
4. Equipment $101,927
5. Supplies $0
6. Contractual $751,884
7. Construction $0
6. other $226,193
9. Total Direct Charges $1,284,525
10.lndlractCosts: % Base $45,390
11. Total (Share: Recipient 24,61 % Federal 75.19 %.) $1,329,915
12. Total Approved Assistance Amount $999,915
13. Program Income $0
14. Total EPA Amounl Awarded This Action $499.957
16. Total EPA Amount Awarded To Data $999,915
Bud at Summa pa e
Table A Object CI..... Calagory
T talA
PO - OOJ08801 -1 Page 3
ed All ble
PO - OOJ08801 - 1 Page 4
Administrative Conditions
Administrative Condition 15 (Partial Funding) is removed; remaining
conditions are renumbered:
1. Payment Information
All recipients must be enrolled to receive funds electronically via the EPA-EFT Payment Process. This
electronic funds transfer process was Inniated by EPA in response to the Debt Collection Improvement
Act of 1996, P.L 104-134 that requires all federal payments be made via Direct Deposit/Electronic Funds
Trensfer(DDIEFT). By signing the assistance agreement you are agreeing to receive payment
electronically.
In order to receive payments electronIcally, the ACH Vendorl MIscellaneous Payment Enrollment
Form (SF3881) must be completed and faxed to Marge Pumphrey at (702) 798-2423.
After reviewing and processing the SF3881 , the Las Vegas Finance Center (L VFC) will send you a letter
assigning you an EFT Control Number, an EPA-EFT Reciplenfs Manual, and the necessary fol'lTls for
requesting funds and reporting purposes.
If you need further assistance regarding enrollment, pleasa contact Marge Pumphrey at (702) 798-2492
or bye-mail to: pumphrey.margaret@epa.gov.
Any recipIent currently usIng the Automated Standard Application for Payments (ASAP) system
with another government agency should contact Marge Pumphrey at (702) 798.2492 or e-mail to:
pumphrey.margaret@epa.gov.
Under any of the above payment mechanIsms, recipients may request/drew down advances for their
immediate cash needs, provided tile recipient meets the requirements of 40 CFR 30.22(b) or 40 CFR
31.21(c), as applicable. Additionaily, recipients must liquidate all obligations incurred within 90 caiendar
days of the project period end date. Tharefore, recipients must submit the final request for payment, and
refund to EPA any baiance of unobligated cash advanced within 90 calendar days after the end of the
project period.
2. Cost Prlnclplesnndlrect Costs for Local Governments & Interstate AgencIes
The cost principles of OMB Circular A-87, .Cost Principles for State, Local, and Indian Tribal
Governments," relocated to 2 CFR Part 225, is applicable, as appropriate, to this award.
If the recipient does not have a previously established indirect cost rete, n agrees that it will prepare ns
indirect cost rete proposal and/or coat allocation plan in accordance with OMB Circular A-87, .Cost
Principles for State, Local, and Indian Tribal Governments." For proposal preparetion, the recipient may
use the appropriate completeness checklist located at: htto://www.aad.nbc.aovflndlrectlindirecl.aso.
The local government recipient whose cognizant federal agency has been designated by the Office of
Management and Budget (OMB) must develop and submn its indirect cost rate proposal to its cognizant
agency wnhin six (6) months after the close of the governmental unn's fiscal year. If the cognizant federel
agency has not been Identified by the OMB, the local government recipient must still develop (and when
required, submn) ns proposal within that period.
The interstate agency recipient must send ns proposal to ns cognizant federal agency within six (6)
months after the end of ns fiscal year. If EPA is the cognizant federal agency of either the interstate
agency or the local government, the recipient must send ns indirect cost rete proposal wnhin six (6)
months after the end of its fiscal year to:
Reoular Mall
Office of Grants and Debarment
U.S. Environmental Protaction Agency
1200 Pennsylvania Avenue, NW, MC 3903R
Washington, DC 20460
Attn: OGD Indirect Cost Rate Proposal Control Desk
Mall Courier (e.o. FedEl<. UPS. etc.l
Office of Grants and Debarment
U.S. Environmental Protection Agency
1300 Pennsylvania Avenue, NW, 5th floor
Washington, DC 20004
Attn: OGD Indirect Cost Rate Proposal Control Desk
Electronic submissions of proposals may be mailed to OGD IndirectCost@eoa.aov.
Recipients are entitled to reimbursement of indirect costs, subject to any staMory or regulatory
administrative cost limitations, if they have a current rate agreement or have submitted an Indirect cost
rate proposal to their cognizant federal agency for review and approval. Recipients are responsible for
maintaining an approved indirect cost rate throughout the iife of the award. Recipients are responsible
for submitting any subsequent rate proposals to the appropriate cognizant agency no later than 180 days
after the end of the recipient's fiscal year. Recipients may draw down grant funds once a provisional or
final rate has baen approved, and only for Indirect costs incurred during the period specified In the rata
agreement. Recipients are not entitled to indirect costs for any period in which the rate has expired.
Recipients may not draw down grant funds for any indirect costs which were not incurred during the
period of the approved rate agreement
Recipients with differences between their provisional rates and final rates are not entitied to more than
the award amount, without EPA approval. Recipients may request supplemental amendments (to grants
which have not expired or baen closed out) for additional funding to cover Increased indirect costs. EPA
approval of a supplemental amendment is subject to the availability of funds.
Pursuant to 40 CFR 31.26, recipient agrees to comply with the audit requirements prescribed in the
Single Audit Act Amendments, and ravlsed OMB Circular A-133, "Audits of States, Local Governments,
and Non-Profit Organizations; including Subpart C Section 305(b) which addresses the restriction on
audttors preparing indirect cost proposals.
3. Federal Financial Report (FFR)
Recipients shall submtt final Federal Rnancial Reports (FFR), Standard Form 425 (SF-425), to EPA no
later than 90 calendar days after the end of the project period. The form is available on the internet at
htto://www.eoa.aov/ocfo/flnservices/forms.htm. All FFRs must be submitted to the Las Vegas Rnance
Center: US EPA, LVFC, PO Box 98516, Las Vegas, NY 89193, or by FAX to: 702-798-2423.
The L VFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final
Federal Financial Report. Recipients will be notified and instructed by EPA if they must complete any
additional forms for the closeout of the assistance agreement.
EPA may take enforcement actions in accordance with 40 CFR 30.62 and 40 CFR 31.43 if the recipient
does not comply with this term and condition.
4. Audit Requirements
The recipient agrees to comply with the requirements of OMB Circuiar A-133, "Audits of States, Local
Govemments, and Non-Profit Organizations.'
6. Hotel-Motel FIre Safety Act
Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space
for conferencas, meetings, conventions, or training seminars funded in whole or in part with federal funds
complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as
amended). Recipients may search the Hotel-Motel National Master List at
htlo:I/www.usfa.dhs.aovlaoolications/hotel to see if a property Is In compliance (FEMA ID is currently not
required), or to find other information about the Act
6. Recycled Paper
INSTITUTIONS OF HIGHER EDUCA TlON HOSPITALS AND NON-PROFIT ORGANIZA TlONS:
In accordance with 40 CFR 30.16, the recipient egrees to use recycled paper and double sided printing
for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement
does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on
recycled paper and are available through the General Services Administration.
STA TE AGENCIES AND POUTlCAL SUBDN/SIONS:
In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C.
6962) any Slate agency or agency of a polillcal subdivision of a State which is using appropriated Federal
funds shall comply with the requirements set forth. Regulations Issued under RCRA Section 6002 apply
to any acquisition of an Item where the purchase prica exceeds $10,000 or where the quantity of such
Items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002
requires that preferenca be given in procurement programs to the purchase of specific products
containing recycled materials identified In guidelines developed by EPA. These guidelines are listed in 40
CFR 247.
STA TE AND LOCAL INSTITUTIONS OF HIGHER EDUCA TION AND NON.PROFIT
ORGANIZA T/ONS:
In accordance with 40 CFR 30.16, State and local institutions of higher education, hospitals, and
non-profit organizations that receive direct Federal funds shall give preference in their procurement
programs funded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines.
STA TE TRIBAL AND LOCAL GOVERNMENT RECIPIENTS:
In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening
Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees
to use recycled paper and double sided printing for all reports which are prepared as a part of this
agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied
by EPA, or to Standard Forms, which are printed on recycled paper and are available through the
General Services Administration.
7. LobbyIng
ALL RECIPIENTS:
The recipient agrees to compiy with Title 40 CFR Part 34, New Restrictions on Lobbying. The recipient
shall Include the language of this provision In award documents for all subawards exceeding $100,000,
and require that subrecipients submit cartification and disclosure forms accordingly.
In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited
expenditure under Title 40 CFR Part 34 or feils to file the required certification or lobbying forms shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure.
PART 30 RECIPIENTS:
All contracts awarded by a recipient shall contain, when applicable, the anti-lobbying provision as
stipulated in the Appendix at Tltie 40 CFR Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act, the recipient affirms that it is not a nonprofit
organization described in Section 501 (c)(4) of the Internai Revenue Code of 1986; or that it is a nonprofit
organization described in Saction 501 (c)(4) of the Code but does not and will not engage in lobbying
activities as defined In Section 3 of the Lobbying Disclosure Act.
8. Lobbying and Litigation
ALL RECIPIENTS:
The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this
assistance agreement are used to engage In lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law. The recipient shall abide by its respective OMB
Circular (A-21 , A-87, or A-122), which prohibits the use of Federal grant funds for Iitigstion against the
United States or for lobbying or other political activities.
9. Suspension and Debannent
Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitied
.Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)."
ReCipient is responsible for ensuring that any lower tier covered transaction as described in Subpart B of
2 CFR Part 180 and 2 CFR Part 1532, entitied .Covered Transactions: inciudes a term or condition
requiring compliance with Subpart C. Recipient is responsible for further requiring the inciusion of a
similar term or condition in any subsequent iower tier covered transactions. Recipient acknowiedges that
failing to disclose the information as raquired at 2 CFR 180.335 may resuit in the delay or negation of this
assistance agreement, or pursuance of iegal remedies, including suspension and debarment.
Recipient may access the Excluded Parties List System at www.eols.qov.This term and condition
supersedes EPA Form 5700-49, .Certification Regarding Debarment, Suspension, and Other
Responsibility Matters..
10. Drug-Free Workplace Certification for all EPA RecipIents
The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to
maintain a drug-free workplace pursuent to the specific requirements set forth in Trtle 40 CFR 36.200 _
36.230. Additionally, in accordance with these regulations, the recipient organization must identify all
known workplaces under its faderal awards, and keep this information on file during the performance of
the award.
Those recipients who are individuals must comply with the drug-free provisions set forth in Trtie 40 CFR
36.300.
The consequences for violating this condition are deteiled under Titie 40 CFR 36.510. Recipients can
access the Code of Federal Reguiations (CFR) litle 40 Part 36 at
htto://www.access.qoo.qov/nara/cfr/waisidx 06/40cfr36 06.htm!.
11. Management Fees
Management faes or similar charges in excess of the direct costs and approved indirect rates are not
allowabie. The term .management fees or similar charges. refers to expenses added to the direct costs
in order to accumulate and reserve funds for ongoing business expensEls, unforeseen liabilities, or for
other similar costs which are not aliowabie under this assistance agreement. Management fees or similar
charges may not be used to improve or expand the project funded under this agreement, except to the
extent authorized as a diract cost of carrying out the scope of work.
12. Reimbursement Limitation
If the recipient expends more than the emount of federal funding in its EPA approved budget in
anticipation of receiving additional funds from EPA, it does so at its own risk. EPA is notlegaliy obligated
to reimburse the recipient for costs Incurred in excess of the EPA approved budget.
13. Trafficking VIctims Protection Act of 2000
To impiement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended,
the foliowing provisions apply to this award:
a. We, as the Federal awarding agency may unilateraliy terminate this award, without penalty, if a
subreciplentthat is a private entity: (1) is determined to have violated an applicable prohibition in the
Prohibition Statement below; or (2) has an employee who is determined by the agency official authorized
to terminate the award to have violated an applicable prohibition in the Prohibition Stetement below
through conduct that Is either: (a) associated with performance under this award; or (b) imputed to the
subrecipient using the standards and due process for imputing the conduct of an individual to en
organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Govemmentwide
Debarment and Suspension (Nonproourement)," as Impiemented by our agency at2 CFR part 1532.
You must inform us immediately of any information you receive from any source alleging a vioiation of a
prohibition in the Prohibition statement below.
b. Our right to terminate unilateraliy that Is described in paragraph a of this award term: (1) implements
section 106(g) of the Trafficking Victims Protection Act of 2000 (TYPA), as amended (22 U.S.C. 7104(g)),
and (2) is in addition to ali other remedies for noncompliance that are availabie to us under this award.
c. You must Include the requirements of the Prohibition statement below in any subeward you make to a
private entity.
Prohibition statement - You as the recipient, your employees, subreclpients under this award, and
subrecipients' employees may not engage in severe forms of trafficking in persons during the period of
time that the award is in effect; procure a commercial sex act during the period of time that the award is in
effect; or use forced iabor in the performance of the award or subawards under the award.
14. Disadvantaged Business Enterprise Requirements (Effective May 27,2008)
GENERAL COMPUANCE, 40 CFR, Part 33
The recipient agrees to compiy with the requirements of EPA's Program for Utilization of Small, Minority
and Women's Business Enterprises in procurement under assistence agreements, contained in 40 CFR,
Part 33.
FAiR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
A recipient must negotiate with the appropriate EPA award official, or hislher designee, fair share
objectives for MBE and WBE (MBElWBE) participation in procurement under the financial assistance
agreements.
Accepting the Fair Share Objectives/Goals of Another Recipient
The doliar amount of this assistance agreement is over $250,000; or the total dollar amount of ali of the
recipienfs non-TAG assistence agreements from EPA in the current fiscal year is over $250,000. The
recipient accepts tha applicable MBElWBE fair share objectives/goals negotiated with EPA by the
Washington OffIce of Minority and Women's Business Enterprises as foliows:
MBE: PURCHASED GOODS 8%; PURCHASED SERVICES 10%; PROFESSIONAL SERVICES 10%
WBE: PURCHASED GOODS 4%; PURCHASED SERVICES 4%; PROFESSIONAL SERVICES 4%
By signing this financial assistance agraement, the recipient is accepting the fair share objectives/goals
stated above and attests to the fact that It is purchasing tha same or similar construction, supplies,
services and equipment, In the same or similar relevant geographic buying market as Washington Office
of Minority and Women's Business Enterprises.
Negotiating Fair Share ObJectives/Goals, 40 CFR, Section 33.404
The recipient has the option to negotiate Its own MBENVBE fair share objectives/goals. If the recipient
wishes to negotiate Its own MBElWBE fair share objectives/goals, the recipient agrees to submit
proposad MBElWBE objectives/goals based on an availability analysis, or disparity study, of qualified
MBEs and WBEs In their relevant geographic buying market for construction, services, supplies and
equipment
The submission of proposed fair share goals with the supporting analysis or disparity study means that
the recipient Is not accepting the fair share objectives/goals of another recipient. The recipient agrees to
submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity
study, to the Regional MBElWBE Coordinator within 120 days of Its acceptance of the financial
assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving
the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the
recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are
submitted.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under an EPA financial assistance
agreament, and to ensure that sub-recipients, loan recipients, and prime contrsctors also comply.
Records documenting compliance with the six good faith efforts shall be retained:
(a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through
outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this
will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources.
(b) Make information on forthcoming opportunities available to DBEs and arrange time frames for
contrscts and establish delivery schedules, where the requirements permit, in a way that encourages and
facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting
solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing
date.
(c) Consider in the contracting process whether firms competing for large contracts could subcontrsct
with DBEs. For Indian Tribal, Stale and local Government recipients, this will include dividing total
requirements when economically feasible Into smaller tasks or quantities to permit maximum participation
by DBEs In the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contrsct is too large for one of these firms
to handle individually.
(e) Use the services and assistance of the SBA and the Minority Business Development Agency of the
Department of Commerce.
(I) If the prime contrsctor awards subcontracts, require the prime contractor to take the steps in
paragraphs (a) through (e) of this section.
MBElWBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
The recipient agrees to complete and submit EPA Form 5700-52A, "MBElWBE Utilization Under Federal
Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year
reporting period the recipient receives the award, and continuing until the project is completed. Only
procurements with certified MBElWBEs are counted toward a recipient's MBElWBE
accomplishments. The reports must be submitted semiannually for the pertods ending March 31" and
.
September 30 for:
Recipients of financial assistance agreements that capitalize revolving loan programs (CWSRF,
DWSRF, Brownfields); and
All other recipients not identified as ennual reporters (40 CFR Part 30 and 40 CFR Part 35, Subpart A
and Subpart B recipients are annual reporters).
. .
The reports are due within 30 days of the end of the semiannual reporting periods (April 30 and
October 30,. Reports should be sent to the EPA Region 10, Grants Administration Unit, 1200
Sixth Avenue, Suite 900, Mallcode: OMP-145, Seattle, WA 98101. For further Information, please
contact Greg Luchey at (206) 553-2967, emall: Luchev.GreoCClleoa.Qov. Final MBElWBE reports
must be submitted within 90 days after the project period of the grant ends. Your grant cannot be
officially closed without all MBE/WBE reports.
EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on
the Internet at www.eoa.Qov/osbo. .
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302.
BIDDERS UST, 40 CFR, Section 33.601(b) and (c)
Recipients of a ContinUing Environmental Program Grant or other annual reporting grant, agree to create
and maintain a bidders list. Recipients of an EPA financial essistance agreement to capttalize a revolving
loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if
the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see
40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions.
15. Payment to Consultants .
EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by
recipients or by a recipienfs contractors or subcontractors shall be IImtted to the maximum daily rate for
Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This IImttapplies to
consultation services of designated Individuals wtth specialized skills who are paid at a daily or hourly
rate. As of January 1, 2010, the IImtt Is $596.00 per day $74.50 per hour. This rate does not include
transportation and subsistence costs for travel performed (the recipient will pay these in accordance with
their normal travel reimbursement practices). '
Subagreements with firms for services which are awarded using the procurement requirements in 40
CFR Parts 30 or 31, as applicable, are not affacted by this limitation unless the terms of the contract
provide the recipient with responsibiltty for the selection, direction, and control of the individuals who will
be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR .
30.27(b) or 40 CFR 31.36m, as applicable, for additional information.
NOTE: For future years' limns, the recipient may find the annual salary for Level IV of the Executive
Schedule on the following Internet stte: http://www.opm.gov/oca. Select "Salary and Wages", and select
"Executive Schedule". The annual salary is divided by 2087 hours to determine the maximum hourly
rate, which is then multiplied by 8 to determine the maximum daily rate.
16. EquIpment Disposition
The recipient may keep the equipment and continue to use it on the project ortginally funded through the
assistance agreement or on other federally funded projects whether or not the project or program
continues to be supported by Federal funds.
STATE AGENCIES:
State agencies may manage and dispose of equipment acquired under assistance agreements in
accordance with state laws and procedures.
SUPERFUND PROGRAM TO ALL RECIPIENTS:
Equipment purchesed under Superfund projects Is subject to specific dlsposel options. Refer to 40 CFR
35.6345.
17. Subawards
a. The recipient agrees to:
(1) Establish all subaward agreements In writing;
(2) Maintain plimary responsibility for ensuling successful completion of the EPA-approved project
(this responsibility cannot be delegated or transferred to a subreclplent);
(3) Ensure that any subawards comply with the standards In Section 210(a)-(d) of OMS Circular
A-133 and are not used to acquire commercial goods or services for the recipient;
(4) Ensure that any subawards are awarded to ellgible subrecipients and that proposed subaward
costs are necessary, reasonable, and allocable;
(5) Ensure that any subawards to 501 (c)(4) organlzatlons do not Involve lobbying actlvltles;
(6) Monitor the performance of their recipients and ensure that they comply with all applicable
regulations, statutes, and terms and condltlons which flow down In the subaward;
(7) Obtain EPA's consent before making a subaward to a foreign or international organization, or a
subaward to be performed in a foreign country; and
(8) Obtain approval from EPA for any new subaward work that is not outlined in the approved work
plan In accordance with 40 CFR Parts 30.25 and 31.30, as applicable.
b. Any questions about subreciplent eligibility or other Issues pertaining to subawards should be
addressed to the recipient's EPA Project Officer. Addltlonal information regarding subawards may be
found at htto:/lwww.eoa.oov/oodloulde/subaward-ooilcv-oart-2.odf.Guidance for distinguishing between
vendor and subreciplent relationships and ensuling compliance with Section 210(a)-(d) of OMS Circular
A-133 can be found at htto://www.eoa.oov/oodlouide/subawardB-aooendix-b.odfand
htto://www.whltehouse.oov/omb/circulars/a133/a133.html.
c. The recipient Is responsible for selecting its subreciplents and, if applicable, for conducting subaward
competitions.
ProQrammatic Conditions
Programmatic Condition 4 (Information Collection Requirements) is
removed; remaining conditions are renumbered:
Puget Sound Watershed Management Assistance Program
1. SemI-Annual Performance Reports
The recipient shall submit performance reports every six (6) months duling the life of the project. Reports
are due 30 calendar days after the end of each reporting pelied. Reports shall be submitted to the EPA
Project Officer and may be provided electronically.
In accordance with 40 CFR Part 30.51 (d) and 40 CFR Part 31.40, as appropliate, the recipient agrees to
submit performance reports that Include blief information on each of the following areas:
(a) a comparison of actual accompllshmants to the outputs/outcomes established in the assistance
agreement work plan for the period;
(b) the reasons for slippages If established outputs/outcomes were not met;
(c) additional pertinent information, including when appropriate, analysis and information of cost overruns
or high unit costs.
In addition to the semi-annual parformance reports, the recipient shall immediataly notify the EPA Project
Officer of developments that have a significant impact on the award-supported activities. In accordance
with 40 CFR Part 30.61 (f) and 40 CFR Part 31.40(d), as appropriate, the recipient agrees to inform the
EPA Project Officer as soon as problems, delays or adverse conditions become known which will
materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work
plan. This notification shall include a statement of the action taken or contamplated, and any assistance
needed to resolve the situation.
2. Final Performance Report
In addition to the periodic performance reports, the recipient shall submit a final performance report,
which is due 90 calendar days after the expiration or termination of the award. The report shall be
submitted to the EPA Project Officer and may be provided electronically. The report shall generally
contain the same information as in the periodic reports, but should cover the entire project period. After
completion of the project, the EPA Project Officer may waive the requirement for a final parformance
report If the EPA Project Officer deems such a report is inappropriate or unnecessary.
3. Program Income - Addition
If program income is generatad, the recipient is required to account for program income related to this
project. Program income earned during the project period shall be retained by the recipient and shall be
added to funds committed to the project by EPA and the recipient, and shall be used to further eligible
project objectives.
4. RecognitIon of EPA FundIng
Reports, documents, signage, videos, or other media, developed as part of projects funded by this
assistance agreement shell contain the following statement:
"This project has been funded wholly or in part by the United Stales Environmental Protection Agency
under assistance agreement PO-oOJOBB01 to Clallam County. The contents of this document do not
necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of
trade names or commercial products constitute endorsement or recommendation for use.'
5. Copyrighted Material
In accordance with 40 CFR 31.34 for State, local and Indian Tribal governments or40 CFR 30.36 for
other recipients. EPA has the right to reproduce, publish, use, and authorize others to use copyrighted
works or other dala developed under this assistance agreement for Federal purposes.
Examples of a Federal purpose include but are not limited to: (1) Use by EPA and other Federal
employees for official Government purposas; (2) Use by Federal contractors performing specific tasks for
the Government; (3) Publication in EPA documents provided the document does not disclose trade
secrets (e.g. software codes) and the work is properly attributed to the recipient through citation or
otherwise; (4) Reproduction of documents for inclusion in Federal depositories; (6) Use by State, tribal
and local governments that carry out delegated Federal environmental programs as 'co-regulators" or act
as official partners with EPA to carry out a national environmental program within their jurisdiction and; (6)
Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of
EPA's authorization to the other grantee to use the copyrighted works or other data.
Under Item 6. the grantee acknowledges that EPA may authorize anothergrantee(s) to use the
copyrighted works or other data developed under this grant as a result of:
a. the selection of another grantee byEPA to perform a project that win Involve the use of the
copyrighted works or other data or;
b. termination or expiration of this agreement
In addItIon. EPA may authorize another grantee to use copyrighted works or other data developed wIth
Agency funds provided under this grant to perform another grant when such use promotes efficient and
effective use of Federal grant funds.
6. EPA's Substantial Involvement
EPA will be substantially involved In this project by participating in the following activities: (1) Within the
first nIne months of the project. EPA reserves the right to negotiate work plan and budget; (2) monllor the
project management and execution throughout the assistance agreemenfs project and budget period; (3)
provide technical assistance and coordination as requested or needed by the recipient; and (4) review
and approva technical delIverables.
7. Infonnatlon Technology
Recipients are required to Institute standardized reporting requirements into their work plans and include
such costs In their budgets. All environmental data will be required to be entered into the Agency's
Storage and Retrieval data system (STOREr). STORer is a repository for water quality. biological. and
other physical data used by state envlronmentel agenclas. EPA and other federel agencies. universities,
private cIllzens. and many other organizations. It is highly recommended that the grant recipient attend
EPA sponsored STORer tralnlng as soon as pracllcal and as training is available. Information regarding
training sessions sponsored by EPA will be provided by the EPA Project Officer. More information about
STOREr can be found at htto:/Iwww.eoa.aov/STOREr. .
Region 10 STORer Contact: John Liston. STORer Coordinator. at (206) 553-2580 or emall:
Liston.Johnllileoa.aov.
END OF ASSISTANCE AMENDMENT PO-oOJ08801.1
!)(ki~'.~' 6.
Project Narrative
EPA (Region 10) Puget Sound Watershed Management Assistance Program
Protecting Watersheds, Water Quality, and Aquatic Resources from the Impacts of Growth
FFY 2010 Grant Proposal
Project Narrative - Enhancing Shoreline Protection
Introduction
The work funded through this grant will enable Clallam County to supplement and augment its Shoreline
Master Program (SMP) update to enhance protection ofPuget Sound, The County is required to develop
policies and regulations that achieve "no net loss" (NNL) of ecological functions I and wants to create a more
meaningful, collaborative, "and defensible framework for assessing and tracking impacts of development
using indicators of ecological function. This grant makes possible a unique and unprecedented partnership
between a county just beginning its SMP update (Clallam), a county about to implement a newly adopted
SMP (Jefferson) and the Department of Ecology that will ultimately enhance the ability of all local
jurisdictions to protect Puget Sound. Clallam County will serve as the grantee and will administer the grant
on behalf of the three partners.
Description of the Watershed
This grant involves work in multiple watersheds across two counties. The counties are required to address all
"shorelines ofthe state" in their SMPs, but this grant focuses on shorelines within WRIAs 16 (Skokomish-
Dosewallips), 17 (Quilcene-Snow), 18 (E1wha-Dungeness) and 19 (Lyre-Hoko), which drain to Puget
Sound/Strait of Juan de Fuca.
CIallam County - Clallam County occupies a key location within the Puget Sound Basin because it
encompasses the entire 95-mile-Iong southern shoreline of the Strait of Juan de Fuca and a major portion of
the watersheds (WRlAs 18 and ] 9) draining to the Strait. The County also encompasses an important part of
WRIA 17, which drains to Hood Canal. These watersheds contain vast areas of intact forest land within the
Olympic National Park and National Forest. Human development has been focused largely in the lower
watershed, along floodplains, on the marine shoreline and in the two cities of Sequim and Port Angeles.
Agriculture is a ml\ior land use in the Dungeness valley.
As the principal outlet connecting Puget Sound to the Pacific Ocean, the Strait allows for the physical "
exchange of fresh and marine waters, which helps keep Puget Sound from becoming stagnant. The Strait also
serves as a critically important migratory corridor for numerous species of fish, birds and marine mammals.
Much of the Strait of Juan de Fuca marine shoreline is still in its natural state, especially outside the ml\ior
population centers near Port Angeles and Sequim. Approximately 16 percent ofthe marine shore is armored.
Eelgrass beds are present along approximately 20 percent of the shoreline, mainly within and near the
mouths of rivers and streams. Large beds of kelp are also present between Clallam Bay and the Hoko River
and elsewhere along the shoreline.
The central Strait of Juan de Fuca provides important habitat for forage fish, Surf smelt spawning has been
observed near the mouth of the Pysht River, at Dungeness Bluffs and at Freshwater Bay, This suggests that
sediment processes are sufficient to support spawning. Spawning at Dungeness Bluffs suggests that intact
feeder bluffs provide important spawning habitat. The presence of surf smelt eggs along embayed shorelines:
and feeder bluffs, but not spits, may be unique to the Strait's high-energy environment.
I This is a requirement of the State Shoreline Master Program Guidelines, WAC 173-26.
Enhancing Shoreline Protection "
lofl2
Project Narrative
EP A (Region 10) Pugel Sound Watershed Management Assistance Program
Protecting Watersheds, Willer Quality, and Aquatic Resonrces from the Impacts of Growth
FFY 2010 Grant Proposal
Freshwater resources and habitats of critical importance in Clallam County include the Dungeness and
Elwha rivers and numerous tributaries, lakes, and wetlands. These watersheds provide critical spawning
habitat for Chinook and summer chum salmon, which are federally threatened species. The Dungeness River
system is the natal habitat for seven stocks of anadromous fish. The E1wha River is the fourth largest river,
by drainage area, on the Olympic Peninsula. Prior to construction of the dams, the E1wha River was
legendary for producing huge Chinook salmon. Currently, the Elwha system produces the majority of the
steelhead and Chinook salmon on the Strait of Juan de Fuca and is second only to the Dungeness River for
coho production.
Clallam County's aquatic resources provide opportunities for commercial, tribal and recreational fishing and
shellfish harvesting, and other activities such as boating, kayaking and bird watching. Sequim Bay and
Dungeness Bay are two of the most important shellfish harvest areas in the state.
Jefferson Connty - Jefferson County encompasses the majority of WRIA 17 and a sizeable portion of
WRIA 16. These watersheds are characterized by rural residential developments, commercial village centers,
rural and commercial forest lands, Master Planned Resort communities, and agricultural lands. As in Clallam
County, the upper watersheds are mainly protected forest lands within the Olympic National Park and Forest.
The marine shoreline is characterized mainly by steep bluffs carved out of glacial sediments, often topped by
stands of Douglas-fir and western hemlock. These bluffs, which border gravel and cobble beaches, erode and
contribute fine sediments which are carried by the prevailing waves and currents to depositional areas such
as barrier beaches, spits, and other acCretion shoreforms.
Less than 10 percent of the County's marine shoreline is armored and most feeder bluffs are relatively intact.
Areas notable for lack of armoring are the east shore of To and os Peninsula, east Marrcwstone Island, Point
Whitney, Fort Flagler, Olele Point, Holly and the west shore of KiIsut Harbor. These areas are among the
most pristine and ecologically dynamic in the County, with intact, forested bluffs and abundant large woody
debris, owing largely to their undeveloped state.
The rivers that drain the east slopes of the Olympic Mountains provide important spawning and rearing
habitat for Chinook salmon, bull trout, and Hood Canal summer chum. Major estuaries at Chimacum Creek,
Shine, Mats Mats Bay, Thorndyke Bay, Duckabush and DosewaIlips River deltas, Quilcene Bay, Tarboo
Creek delta, Port Ludlow, and Discovery Bay provide critical functions including flood attenuation, nutrient
retention and cycling, erosion protection, food web support, and habitat structure/connectivity. Jefferson
County's beaches also provide important habitat for sand lance and surf smelt. The intertidal areas along the
marine shore support extensive eelgrass beds and kelp forests.
Jefferson County is the third largest shellfish producing county in the state and has two of the largest
shellfish hatcheries in the country. Tribal shellfish beaches are widely distributed throughout the east
County. Overall, Jefferson County retains a relatively healthy amount offorest cover and impervious surface
cover is relatively low-ranging from nearly zero in some sub-basins to 37 percent In more developed areas.
Descrintion of the Threats or Emereine: Problems
Top priority threats facing Clallam and Jefferson counties are: increased development pressure caused by
population growth; loss/alteration of nearshore and freshwater resources caused by climate change; and
resistance to land use regulations.
Enhancing Shoreline Protection
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Project Narrative
EP A (Region 10) Puget Soood Wlltershed Management Assistance Program
Protecting Watersheds, Water Quality, and Aqnatic Resources from the Impacts of Growth
FIT 2010 Grant Proposal
Growth: Between 2000 and 2025 Clallam County's population is expected to increase by about 23 percent.
Jefferson County's population will grow by approximately 55 percent in the same period2. This growth is
going to have direct and indirect impacts on the watersheds feeding Puget Sound. Development pressure will
continue to create more impervious surface, generate more runoff, and reduce the amount of intact shoreline
and riparian habitat. These changes threaten shoreline processes, functions, and species, which are currently
relatively intact compared to other more heavily developed areas of the Puget Sound Basin.
Shoreline areas are expected to absorb a disproportionate share of the growth because waterfront properties
are among the most desirable places to live. Outside the shoreline zone, both counties anticipate continued
conversion of forest and agricultural land to residential and commercial uses, which has been the trend in
recent years. Development in the Dungeness watershed, for example, has led it its designation as both a high
value and highly vulnerable area for fish and wildlife habitat protection. Many other rivers, streams, bays,
and "pocket" estuaries have been altered by development, channelization, culverts and other changes.
The impact of increased development pressure in Clallam and Jefferson counties is especially concerning
because the counties are seeing proposals for development on lots that previously had been considered
undevelopable. This includes small lots that were platted prior to the Growth Management Act and lots that
have wetlands, steep slopes, or other constraints. These types of development proposals can be especially
taxing on County resources because they require very detailed review or pose unique scientific or technical
dilemmas. Counties are challenged to ensure full and comprehensive review, and typically lack resources to
monitor or evaluate outcomes--much less track net changes in ecological functions--once developments are
approved. The NNL framework developed through this grant will yield critical information on which to base
shoreline management strategies and will enable staff to make better permit decisions. The counties will be
better able to anticipate and track development-related changes so that management decisions can be made
more effectively and corrective actions can be taken before impacts become irreversible.
Climate Change: The Puget Sound Action Agenda reports climate change as a major threat that could cause
the loss of more than half of the estuarine and marine beaches, major loss of tidal flats, and complete loss of
Dungeness Spit in Clallam County. Rising sea levels, erosion and more frequent flooding/storms and other
climate changes are expected to have similar impacts in Jefferson County. As the effects of a changing
climate become more apparent to property owners, pressure to construct bulkheads to prevent erosion and
flooding could increase substantially.lfClallam and Jefferson counties hope to maintain their relatively low
percentages of marine shoreline armoring, they will need new, robust shoreline management strategies that
reduce the need for hard armoring.
Climate change will also make efforts to protect and restore salmon habitats in Clallam and Jefferson
counties more challenging because of expected increases in water temperature, increased winter runoff and
altered river and stream flows. This grant wiJI help the counties counteract these threats by demonstrating
how to link restoration actions to development impacts. This is one of the specific outcomes of the grant
work that would enhance Clallam and Jefferson counties' abilities to achieve NNL.
Regulatory Resistance: Another challenge the counties face is opposition to regulation and a need to
incorporate non-regulatory tools into their shoreline plans. Recent efforts to strengthen environmental
protections in these jurisdictions have come under attack and attempts to implement new rules could face
resistance and/or litigation. Recent court rulings (e.g., Futurewise v. Anacortes and Citizens' Alliance for
2 Source: State of WashingtOn. Office of Financial Management
Enhancing Shoreline Protection
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Project Narrative
EPA (Region 10) Paget SOWld Watershed Management Assistance Progrem
Protecting Watersheds, Water Quality, and Aquatic Resources from the Impacts of Growth
FFY 2010 Grant ProposaJ
Property Rights v. Sims) demonstrate that failure to adequately involve property owners and address their
concerns can spell defeat for many environmental initiatives. Proponents of new land use standards must
fully document the basis for development restrictions and show a clear nexus between development impacts
and ecological degradation. This can be a difficult test without defined indicators of ecological condition.
The NNL framework funded by this grant will help Clallam and Jefferson counties create a scientific basis
and nexus for regulatory decisions so they are more defensible in the face of opposition. The project will also
demonstrate where non-regulatory strategies, incentive programs, and public-private partnerships can
improve ecological protections and address landowner concerns.
Prolect Need
Priority A of the Action Agenda calls for protecting intact ecosystem processes, functions and structures.
This project addresses this priority by leveraging the significant investment the State and local governments
are making in updating and implementing SMPs.
Shoreline master programs must protect existing resources such that there is "no net loss" of ecological
function. Most jurisdictions have struggled to meet this standard because there is no agreement on how to
measure baseline conditions or assess changes over time. The Action Agenda recognizes this need and calls
upon Ecology and its partner agencies to "Provide local governments with guidance on how to achieve and
measure no-net-loss of ecological junction as required by the Shoreline Management Act (SMA) ....3" The
Action Agenda also identifies a need to "produce and make available a template for monitoring no-net-loss
and guidance on avoidance and minimization of impacts." The work funded through this grant will directly
address these near term actions and enhance the level of protection currently provided to shorelines of the
state in Clallam County, Jefferson County and throughout Puget Sound.
This project also is significant because it directly addresses the problems and threats described in the
previous section by creating tools and strategies that enable the counties to evaluate, track, and manage
shoreline development. The work builds upon the interconnected efforts of the Partnership, Ecology,
PSNERP and others to identify and apply ecological indicators4 for assessing and managing Puget Sound.
Furthermore, this project tackles the fundamental obstacles preventing successful shoreline protection by
defining and evaluating effective enforcement, technical assistance and incentive strategies for shoreline
management. It also will create solutions to the major obstacles for effective shoreline protection through a
collaborative approach led by Department of Ecology and involving local governments and other key
stakeholders.
Local entities recognize the need for (and value of) this project. Drawing from priorities in the Action
Agenda, the Strait of Juan de Fuca Ecosystem Recovery NetworkS identified high priority actions and
projects that would be appropriate for this funding opportunity. The Strait ERN identified Shoreline Master
Program Enhancements as a top priority and selected this proposal as the one that should be submitted for
this RFP from the Strait Action Area.
This project fulfills a long-term need that all local governments have for complying with the Shoreline
Management Act. Local governments are required to evaluate the cumulative effects of development and
'Near Term Action Reference Number: A2 (6)
4 The initial list of indicators includes attributes such as % forest cover, % of shoreline annoring, # or area of overwater structures.
% floodplain connectivity, etc.
, Strait ERN is a local integrating organization for the Strait of Juan de Fuca Action Area working to implement and foster
implementation of the Action Agenda; Includes tribal and governments leaders, agencies, NGOs, educational institutions, and key
businesseslbusiness groups from Clallarn and Jefferson.
Enhancing Shoreline Protection
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Project Narrative
EPA (Region 10) Pogel Sound Wlllershed Management Assisumce Program
Protecting Watersheds, Water Quality, and Aquatic Resources from the Impacts of Growth
FFY 2010 Gnml Proposal
report compliance with the NNL standard every seven years, The Shoreline Guidelines suggest this could
involve a 'joint effort by local governments, state resource agencies, affected Indian Tribes, and other
parties," This is precisely what this grant would accomplish. If left to each local jurisdiction, it is likely that
assessment and monitoring practices would vary widely and thus, the opportunity to contribute to a
comprehensive "Health of the Puget Sound" monitoring program could be missed. Providing guidance on
what to assess, how to monitor it, and a basic template will benefit each local jurisdiction and the Puget
Sound as a whole,
Proiect Plan
This project includes a three-pronged approach to improving shoreline protection across Puget Sound by:
using a NNL framework in updating Clallam County's SMP; providing resources to implement and track
Jefferson County's SMP; and supporting Ecology in developing solutions to major obstacles limiting
protection.
This project enables Clallam County to address impacts of projected growth by providing additional
resources for their SMP update. A portion of the requested federal funds ($555,986) allows Clallam County
to supplement and improve their shoreline inventory, restoration plan, and assessment of cumulative impacts
by applying ecological indicators to quantitatively assess baseline conditions; and using the indicators to
track changes in shoreline conditions over time.
'The Puget Sound Partnership, Ecology, Puget Sound Nearshore Ecosystem Restoration Project (PSNERP)
and others are in the process ofidentitying ecological indicators that can be used to measure how well we are
protecting Puget Sound, but this approach has yet to be applied in the context of shoreline master planning at
the local level. Clallam County would be the first to undertake this approach and could use the indicators to
rank/or prioritize management actions by reach based on a comprehensive assessment of the functional
integrity of each reach. This is somewhat analogous to the "Matrix of Pathways and Indicators" approach
which NOAA uses to define baseline conditions for listed salmon species in terms of properly junctioning,
not properly junctioning and at-risk. Using the indicators, the County will be able to display key information
in a manner that is visually interesting and understandable to affected property owners and the general
public. The information will describe 1) the places that need additional protection, 2) the right tools for
achieving protection and 3) where restoration is needed to balance potential losses in ecosystem function.
This approach will create an inclusive public dialogue that supports policy decisions in Clallam County and
across Puget Sound, since other jurisdictions fuce many of the same management challenges. Outputs and
outcomes will be shared at key points in the process with all Puget Sound counties and cities. The County is
using $310,000 of their state SMP grant funds as local match.
This project facilitates Jefferson County's ability to address impacts of growth because it funds vital SMP
implementation and monitoring work that is otherwise unfunded. The County will review its initial permit
decisions and assess how permit actions are affecting conditions on the ground. Whereas the work in Clallam
County addresses the application of ecological indicators and the NNL framework during the development of
an SMP, the work in Jefferson County tests the NNL framework in the context ofSMP implementation. The
requested funds ($282,995) will support the development of tools for effective implementation, and will
support one full time compliance monitor and one half-time technical assistance specialist for one year to test
the level and type of resources needed to effectively implement the SMP. Jefferson County will provide
$20,000 worth of in-kind services to matclJ the federal grant.
The grant also helps address effects of growth outside of Clallam and Jefferson Counties because it provides
the resources to tackle obstacles to effective shoreline protection that are common across all Puget Sound
Enhancing Shoreline Protection
50fl2
EPA (Region 10) Pugel Sound Watershed Management Assistance Program
Protecting Watersheds, Water Qualil)'. and Aquatic Resources from the Impacts of Growth
FFY 2010 Grant Proposal
watersheds (e.g., lack of proven incentive strategies, inadequate resources for monitoring and outreach, lack
of resources for on-the-ground restoration, etc.). Recent SMP update experiences in Jefferson and Whatcom
counties and in the City of Port Townsend exposed some of the major obstacles and highlighted the need for
a collaborative approach to problem solving. This grant provides funding ($120,081) for Ecology to facilitate
discussions with responsible and affected parties within the two counties and across Puget Sound. The intent
of these discussions is to identifY solutions to major SMP implementation obstacles.
Project Narrative
The work funded by this grant is consistent with Ecology's "Framework for Planning at the Watershed
Scale" because it progresses through the four key phases of characterizing the watershed, prescribing
solutions, taking actions and monitoring results as shown in the matrix below. The work changes decision-
making (through adaptive management) at each phase based on new information.
Phase of
Ecology
Framework
Work funded
through
grant
proposal
Characterize the !:l: Prescribe Solutions
Watershed
.
, :
Take Actions I' I .
~ 1m I t PI ,:l Momtor Results
p emen ans.
Identify Important
areas using
indicators of
ecological
function
:l,
Idel1tify management
approaches that maintain
functions and link
restoration actions to
development impacts so
losses are offset
Evaluate permits, .
enforce SMP and
~ provide technical . ~
assistance
Assess land use
changes to
document NNL
Proiect Components
This project consists of three components designed to fit the specific needs of the three partners and to
collectively enhance our ability to protect PugetSound. The lead partner for each component will be
responsible for conducting the activities and ensuring outcomes in consultation with the other partners and
collaborators (see Partnering below). The project's main components are as follows:
Component 1 - Identity obstacles and solntions for SMP development and implementation
Timeline: May 2010- Dee 2010 I Lead: Ecology
The purpose of this component is to identify solutions and strategies for overcoming obstacles to effective
SMP development and implementation in Clallam County and elsewhere in Puget Sound.
Activities funded by the EP A grant are identified in detail on the Project Tasks and Timeline for Component I.
In summary, work under this component will include:
a. Conducting a minimum of four workshops with the associations of counties and cities, state resource
agencies and multiagency programs (e.g., Aquatic Habitat Guidelines program and PSNERP), tribes,
and representatives from the private sector, to identifY procedural, technical and institutional
obstacles to effective development and implementation ofSMPs.
b. Working with key stakeholders (noted above) to develop preferred solutions and strategies for
overcoming major obstacles.
c. Ensuring findings and recommendations are consistent with the intent of the Shoreline Management
Act and State policies.
The primary deliverables of this component include:
Enhancing Shoreline Protection
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Project Narrative
EP A (Region 10) Puget Sound Wlllershed Managemeol Assistance Program
Protecting Watersheds, Water R".li~, and Aquatic Resources from the Impacts of Growth
, FFY2010GranlProposaI
a. Written fmdings and recommendations for addressing major obstacles. Findings will identify
responsible parties, time lines, required resources, and other pertinent information.
Component 2 - Supplement Clallam SMP Update using indicators as the basis of a NNL Framework
Timeline: May 20 I 0 - December 2012 I Lead: Clallam County
The purpose of this component is to augment and enhance Clallam County's SMP update by explicitly
documenting shoreline conditions using agreed-upon ecological indicators, which can be linked to key
management decisions and restoration plans. A framework will be used that is based on Ecology's NNL
guidance and work previously funded by the National Fish and Wildlife Foundation. Analyses will focus on
areas within shoreline jurisdiction with consideration of Ecology's watershed scale characterization results.
Ecology will be included in designing and evaluating the detailed scope for this Component to ensure that it
adds value to the work already funded by the State. Sequim and Port Angeles will be consulted throughout
the process to ensure the framework is useful in the update of their SMPs. The federal funds will allow for
ClaIlam County staff participation in key activities and/or may be used to hire qualified consultants.
Activities funded by the EP A grant include:
a. Defining key shoreline management / policy issues: in consultation with at least 4 meetings with 8MP
advisory committees and key stake holders, define key shoreline management and policy issues and refine
Ecology's initial list ofNNL indicators to reflect key policy issues in Clallam County.
b. Conferring with regional science experts on key issues and effective application of the indicators.
c. Conducting at least 3 public focus groups (multiple groups at strategic points in this process) within
Clallam County to test NNL approaches and obtain feedback on potential problems, utility ofNNL
measures, and related issues.
d. Mapping/documenting current shoreline conditions using ecological indicators at the river reach and
nearshore drift cell seales to provide benchmarks for assessing future conditions.
e. Identifying reach! drift cell-specific policy/regulatory/ voluntary approaches for maintaining
functions in consultation with core stakeholders. '
f. Linking restoration actions to specific ecological functions and establishing guidelines for identifying
when/how specific r.estoration actions are triggered. This includes at least 2 workshops with Clallam
County Marine Resource Committee and North Olympic Peninsula Lead Entity for Salmon Recovery
representatives, the Dungeness and Elwha watershed groups, and other restoration partners.
g. Meeting with other Puget Sound counties and appropriate cities to discuss NNL framework progress.
At least 3 meetings will be held with the cities of Port Angeles and Seqium to discuss NNL
framework progress.
The primary deliverables of this component include:
a. Refined list of ecological indicators applicable to Clallam County nearshore and freshwater systems
developed in consultation with Ecology, the EPA-funded Puget Sound Watershed Characterization
Project, PSNERP and the Partnership.
b. Reach-specific geospatial data and maps showing current shoreline conditions in Clallam County
according to ecological indictors.
c. Written guidance and templates documenting the indicators and their use in achieving NNL for use
inlby other jurisdictions around Puget Sound.
d. Outreach and educational materials for the public and other key audiences concerning NNL.
Materials and methods !Jf distribution will be determined at a later date in concert with SMP update
partners to make best use of new information and partners' activities. For example. the Clallam
Enhancing Shoreline Protection
7 of 12
Project NlUTlltive
EPA (Region 10) Puget Sound Watershed Management Assistance Program
Protecting Watersheds, Water Quaiity. and Aquatic Resources from the Impacts of Growth
FFY 20 iO Grant Proposal
Marine Resources Committee wants to sponsor some marine shoreline landowner workshops.
Clallam will coordinate with the MRC on materials, depending on what the NNL exercises yield.
e. Enhanced shoreline restoration plan showing clear functional linkages between changes caused by
future development and potential restoration actions.
f. Enhanced cumulative impacts analysis based on reach-by-reach assessment of conditions.
Component 3 - Develop tools for implementing and monitoring adopted SMPs
Timeline: January 201 1- December2012j Lead: Jefferson County
The purpose of this task is to assist Jefferson County, and by extension other local governments, in
administering their adopted SMPs. Jefferson County will solicit feedback from Whatcom County and Port
Townsend on how to account for NNL in making shoreline management decisions following 8MP
development/adoption and what barriers exist. This will allow Jefferson County to identifY resources
necessary to effectively implement an 8MP. Other activities funded by this grant include:
a. Using the County's existing shoreline inventory information to develop an initial report on at least 3
ecological indicators at the reach! drift cell scale and supplementing inventory information as needed
based on Clallam County indicators work (in Component 2).
b. Reviewing recent permit history from the previous year and comparing it to aerial photos/inventory
information.
c. Field-checking development sites where necessary to identifY changes to NNL indicators and
determining whether changes are consistent or inconsistent with the 8MP.
d. Documenting permit decision issues and identifYing tools needed to support effective decision
making. Developing solutions and strategies for inconsistent actions.
e. Reviewing restoration plans in consultation with key restoration partners and linking restoration
actions to changes in key indicators at the shoreline reach / drift cell scale.
f. Developing and implementing a technical assistance, monitoring, and enforcement program and
testing its effectiveness in relationship to the NNL framework. The technical assistance and
monitoring work wlll be coordinated for at least 50% of new development proposals with the
proposed Watershed Stewardship Resource Center and Clean Water District Activities in Jefferson
County.
The primary deliverables of this component include:
a. Initial report on ecological indicators at the reach I drift cell scale to supplement Jefferson County's
existing shoreline inventory.
b. Written findings on review of permit activity to guide future decision-making.
c. Written guidance and templates for applying NNL indicators in the context of 8MP implementation
and monitoring for use inlby other jurisdictions.
d. One year of technical assistance to shoreline property owners and one year of compliance monitoring
and enforcement using NNL indicators.
Partnerinl!
Clallam County, Jefferson County and Ecology will commit through an intergovernmental agreement to lead
components of the project and ensure the outcomes are consistent with the grant conditions. Each partner
will assist the other partners in the design and execution of the project components. The Partners will work
with a broad range of organizations/entities with significant experience in shoreline protection. These
Collaborators have agreed to provide assistance and expertise as summarized in Table 1. In addition to
Enhancing Shoreline Protection
.8ofl2
Project NllJ1'lltive
EPA (Region 10) Puget Sound Watershed Management Assistance Program
Protecting Watersheds, Water Quality, and Aquatic Resources from the Impacts of Growth
FFY 20 I 0 Grant Proposal
working with organizations listed below there will be extensive outreach and involvement of other
organizations as described in the Outreach and Infonnation Transfer section.
Strait ERN
Table 1. Collaborators and Roles
_._--_._._--~-- - --.-- _._~---------._- --.-
Role
Consult on relationship between ecosystem functions, Sound-wide
indicators and NNL framework.
------~___..____ .___._"n"._ __p __. ________" _ _
Strait Action Area policy sounding board for development and application
ofNNL framework.
"------_.- ----------- '-<-'-'----.
Advise on the usefulness of the NNL framework to cities.
---------. ----.--- - "---------- -. --- ------".
Consult on relationship of the NNL framework to Sound-wide indicators,
monitoring and adaptive management. Advise on solutions for SMP
issues.
~-~~------'------ -. --'.--". --_..- -----~-~-~_.
Consult on relationship between ecosystem functions, Sound-wide
indicators, PSNERP's technical work and the NNL framework.
_ __ __n ____ __ _
Consult on the relationship between ecosystem function and the NNL
framework. Advise on the usefulness of the framework.
"--.- _._~--~._--- ------ ----~_.. ..-
Advise on usefulness of the NNL framework for implementing and
. m~llitoring newl}'ll~opted SJ\III': ._. .._,
Provide experience from national efforts to use ecological indicators for
management and assist in identifYing solutions for obstacles to protection.
Collaborator
NOAA Science Center
Port Angeles and 8,equim __ .
Puget Sound Partnership
PSNERP
._-._---.----- _on.
WDFW {Aquatic Habitat Guidelines
(}roup) and~DN~._ ..._____.
Whatcom County and Port Townsend
National Fish and Wildlife
Foundation
Anticipated Ontputs and Outcomes:
Table 2 (attached) describes the project components in tenns of key outputs and outcomes.
Monitorinl! and Measurinl!:
At its core, this project is about monitoring and measuring environmental outcomes. The goal of this grant
proposal is to provide tools that will enable local governments to track development changes and make
adaptive management decisions, The project will include development of guidance and templates for using
ecological indicators to monitor changes in shoreline condition over time. The indicators used in this project
will demonstrate a direct linkage to the efforts to assess and track the overall health ofPuget Sound. This
project also funds on-the-ground technical assistance and SMP compliance monitoring for one year in
Jefferson County. This project may also uncover barriers to effective monitoring and measuring; and if so,
will develop recommendations for overcoming them that augment the other outcomes of the work.
Outreach and Information Transfer
Effective outreach, engagement and dissemination of results are central elements of the project plan. A
significant portion of the requested federal funding will be used to design outreach/education materials and
to conduct workshops and focus group meetings as indicated in the Project Components section. A majority
ofthe outreach will occur in Clallam County with groups including but not limited to: Built Green of
Clallam County, Dry Creek Coalition, Friends of the Fields, North Olympic Timber Action Committee,
Enhancing Shoreline Protection
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Project Nll!Tlllive
EPA(Region 10) Puget Sound Wetershed Management Assistance Progrem
Protecting Wotersheds, Weter Quality, and Aquatic Resources from the Impacts of Growth
FFY 20 I 0 Grant Proposal
Sierra Club, Olympic Coast National Marine Sanctuary, Dungeness Wildlife Refuge, Chambers of
Commerce, and WSU Extension. Outreach activities will vary depending on the specific group and their
relationship to shoreline management as follows:
Elected Officials: The Strait ERN, Strait ECO Net Group, the Ecosystem Coordination Board, and the
Clallam and Jefferson Commissioners will be asked to advise during the development of the NNL
framework and to help identifY solutions to SMP issues and obstacles. The development ofSMP solutions
also may include outreach and work with key legislators.
Tribes: Makah Tribe, Lower Elwha Klallam and Jamestown S'Klallam Tribes will provide expertise and
tribal perspective to technical and policy issues. They will be invited to review materials, provide guidance,
and assist in problem-solving throughout the project.
Polley-makers and key Influencers: Project Collaborators as well as shoreline property owners,
environmental and business advocacy groups, restoration professionals and volunteers will be engaged in
reviewing materials, providing guidance and expertise, and assisting in problem-solving throughout the
project. There will be workshops at key points in the process with other counties and cities involved in
updating and implementing their SMPs.
Scientific and technical community: This project brings regional expertise and information to local
governments through a series of working sessions and product reviews to ensure the NNL framework is both
useful to local decision-making and scientifically defensible. Working sessions with permitting and
enforcement staff will clarifY difficult NNL decisions and identifY the tools necessary for successful
implementation. Working sessions and reviews with the Clallam and Jefferson county restoration and
planning communities will better connect projected ecosystem losses with proposed restoration efforts.
Public: Focus groups within Jefferson and Clallam counties will test NNL approaches, obtain feedback on
potential problems, understand the utility and relevance ofNNL measures to the public, and understand
related issues oflocal importance. With assistance from Strait ECO Net, Clallam County focus groups will
test the importance of regional SMP issues to the public. Clallam County will also conduct public meetings
throughout their SMP process.
Products of the project including NNL framework guidance and templates, findings and conclusions!
recommendations will be electronically available to the public via the Clallam, Jefferson and/or Ecology
websites. The partners will ensure that Puget Sound tribes; business, private property and environmental
advocacy groups; non-governmental organizations; and others identified during the process are notified and
informed of all project activities and have access to project materials.
The final project results will be most significant if the project partners continue to implement and use the
NNL framework and expand its use across Puget Sound. Potential venues for continued discussion include
but are not limited to: Straits ECO Net Group, Strait ERN, Ecology's Shoreline Planners, Commerce's
Planner meetings, Ecosystem Coordination Board, Leadership Council, PSNERP, Aquatic Habitat
Guidelines Group, Coastal County Caucus, Washington Association of Cities, etc. Funding for this on-going
expansion is not included in this proposal.
Proerammatic Canabilitv and Past Performance
Enhancing Shoreline Protection
100f 12
Project Narrative
EPA (Region 10) PogetSoWld Watershed MaoagementAssistance Program
Protecting Watersheds. Water Quality, and Aquatic Resources from the Impacts of Growth
FFY 20 I 0 Grant Proposal
Clallam County has a long history of successfully managing and completing complex projects involving
growth management planning, stormwater management and salmon habitat recovery. Currently, the County is
managing grants from several federal agencies such as Department of Agriculture, Department ofInterior,
Department of Transportation, Department of Justice, Department of Health & Human Services, Department of
Housing & Urban Development, and the Department of Homeland Security. These grants range up to $14
million in project costs. The County's Department of Community Development (OCD) presently manages
2,346,408 in federal grant dollars and $3,883,764 in state grant dollars. Some of these are for multi-
jurisdictional projects related to watershed planning and salmon recovery, which involve similar technical
issues and challenges and have interrelated goals and benefits to this proposal. Specific examples of
successful grant-funded projects of similar scale and complexity to this proposal include:
· Collabomtive Stormwater Management for SequimlDungeness Watershed, funded by EPA; $719,000
· Lower Dungeness dike setback design, funded by RCO, PSAR funds; $1, I 18,200
· Lower Dungeness acquisition for dike setback, funded by RCO, PSAR funds; $996,248
These three projects are currently underway and the County is meeting all ofthe agreement requirements.
The County has been able to produce the required deliverables and reports in a timely fashion using effective
project planning, efficient execution of key activities, and frequent communication with staff and involved
parties.
Clallam County's plan for timely and successful completion of this project is based on a project management
strategy of "goals and controls." This means that the County will begin by ensuring that project goals are
clearly articulated to all involved; and there is a detailed scope of work describing project deliverables and
the specific tasks and subtasks necessary to produce these deliverables. The County will use a Work
Breakdown Structure (WBS) that communicates the relationship between deliverables and tasks to sequence
the work and allocate resources effectively. The County project manager will establish the method of
monitoring and controlling project progress in accordance with EP A requirements and ensure that all project
objectives are met.
Clallam County has experienced and qualified staff to lead the project and ensure that the expected outputs
and outcomes are achieved. Key staffmembers that will be involved in this project include John Miller,
Steve Gmy, and Cathy Lear.
John Miller, Director of the Department of Community Development (DeD), has over 16 years of managing
organizations and projects and served as the executive director of Lower Elwha Klallam Tribe for 13 years.
In these capacities, John developed an in-depth knowledge of policy issues and fostered successful working
relationships with key stakeholders throughout the region.
Steve Gmy, the Planning Director, has over 15 years of experience as a planner for Clallam County and has
been managing the Planning Department for over 5 years. During his tenure at the County he has led County
efforts in development review/permitting, including administering the County's current SMP and
environmental sensitive and critical area regulations, and updating County growth management plans and
implementing regulations (e.g., zoning, subdivision), and has been responsible for successful administration
and management of numerous land use and environmental grants. Steve understands how to lead teams
through successful endeavors.
Cathy Lear, Habitat Biologist, has 10 years of experience managing complex natuml resource projects for the
County including the current SMP update. Cathy has direct knowledge of the ecological issues affecting
Enheneing Shoreline Protection
II of 12
Project Narrative
EPA (Region 10) Pugel Sound Watershed Management Assistance Program
Protecting Watersheds, Water Quality. and Aquatic Resonrces from the bnpacts of Growth
FIT 20 10 Gnm! Proposal
Clallam County's watersheds from her work in watershed planning, salmon recovery, and habitat restoration
and acquisition/easements. Cathy also represents the County on a number of committees and work groups
related to salmon recovery, habitat restoration, and watershed plan development and implementation that
involve many stakeholders (state and federal agencies, tribes, local organizations, etc...), so Cathy has
established relationships with a network of key stakeholders that wiJI be involved in the success of this
project. Cathy and Steve wiJI be directly involved in integrating the EPA grant work with the other SMP
update efforts to ensure the County and the region receive the maximum benefit from these investments.
Enhancing Shoreline Protection
12 of i2
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