HomeMy WebLinkAbout090611_ca05
__ Consent Agenda
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ig~C~) JEFFERSON COUNTY PUBLIC HEALTH
~';,~~~' 615 Sheridan Street. Port Townsend. Washington. 98368
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-- - - www.Jeffersoncounlypubllchealth.org
August 8, 2011
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Stuart Whitford, Environmental HealthfWater Quality Director
DATE: ~btz-r G>, C).{) , I
SUBJECT: Agenda Item - Agency Agreement - Stream Row Gaging #Gl000092,
Amendment #li July 1, 2011- September 30, 2011; increased $1,500
total $21,500
STATEMENT OF ISSUE:
Jefferson County Public Health, Water Quality DMslon, Is requesting Board approval of the Agency
Agreement - Stream Aow Gaging #Gl000092, Amendment #1; July 1, 2011 - September 30, 2011
Increased $15,000 total $21,500
ftNAL YSIS/STRATEGIC GOALS/PRO'S and CON'S:
This stream gaging project monitors, evaluates, and reports stream flows In near real-time. Ecology's
Stream Hydrology Unit (SHU) and the Water Quality DIvIsion jointly operate, and maintain up to 8
continuous near real-time stage recorders and one staff gage within the SkokomlshjDosewallIps watershed
(WRIA 16) and Big QuilcenejSnow watershed (WRIA 17). The continuous near real-time stage recorders
are located at Dosewalllps Rlv.er at Brlnnon, Big Quilcene River at Unger Longer Brldge, Uttle Quilcene River
at Center Road Brldge, Snow Creek at Washington Department of Ash and WIldlife property, Salmon Creek
at west Uncas Road, Tarboo Creek near the mouth, Thorndyke Creek near the mouth, and Chlmacum
Creek near the mouth. A staff gage Is located at Pheasant Creek near the mouth.
The objective of this project Is to Improve the state of existing knowledge about flows In the watershed and
support multiple water and watershed management Initiatives. This project complements current local and
regional planning actIvIties In the Big QuilcenejSnow River basin by provIding a reliable means of measurlng
actual flow levels, and assurlng that flow monltorlng Is conducted using comparable methods, equipment,
and data management systems across watersheds.
COMMUNITY HEALTH
DEVELOPMENTAL DISABILITIES
MAIN: (360) 385.9400
FAX: (360) 385-9401
PUBLIC HEALTH
AlWAYS WOIllUNG FallA SAFER AND
- HEALTHIER COMMUNITY
ENVIRONMENTAL HEALTH
WATER QUALITY
MAIN: (360) 385-9444
FAX: (360) 379-4487
Consent Agenda
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This project Is Increased by $1,500. This Increase applies only to reimbursement for work done from July 1,
2011- September 30, 2011.
RECOMMENDATION:
JCPH management request approval of the Agency Agreement - Stream Flow Gaging #Gl000092,
Amendment #1; July 1, 2011- September 30, 2011; increased $1,500 total $21,500
REVIEWED BY:
IstraOOr
~~
Date
(Routed to all Public Health Managers)
AMENDMENT 1 TO
GRANT NO. GI000092
Between
The State Of Washington Department Of Ecology
And
JEFFERSON COUNTY
Project: Stream Flow Gaging
Purpose of Amendment 1: To extend the period of performance; increase the funds; and
modify the budget.
Original Project Description:
The Project Description for the original grant #G 1000092 between Ecology and Jefferson
County is summarized as follows:
The stream flow gaging project will monitor, evaluate, and report stream flows in near real-time.
ECOLOGY's Environmental Assessment Program (EAP) and the RECIPIENT will jointly
operate, and maintain up to 8 continuous near real-time stage recorders within the
SkokomishlDosewaIlips watershed (WRIA 16) and Big Quilcene/Snow watershed (WRIA 17).
The continuous near real-time stage recorders are located at Dosewallips River at Briunon, Big
Quilcene River at Linger Longer Bridge, Little Quilcene River at Center Road Bridge, Snow
Creek at Washington Department ofFish and Wildlife property, Salmon Creek at West Uncas
Road, Tarboo Creek near the mouth, Thorndyke Creek near the mouth, and Chimacum Creek
near the month.
The objective of this project is to improve the state of existing knowledge about flows in the
watershed and support multiple water and watershed management initiatives. This project will
expand the statewide stream gaging network currently operated by ECOLOGY. It assures that
stream flow data will be collected in this river basin using common, quality-assured protocols,
comparable instrumentation, and compatible data management and data archiving systems. This
project also assures that the data will be provided to the public in near real-time via
ECOLOGY's internet (World Wide Web) pages.
This project complements current local and regional planning activities in the
SkokomishlDosewallips and Big Quilcene/Snow River basins by providing a reliable means ofameasuring actual flow levels, and assuring that flow monitoring is conducted using comparable"
methods, equipment, and data management systems across watersheds.
ECOLOGY's EAP will provide support and guidance for this project as described in the
Attachment incorporated by reference herein.
This project supports operations and maintenance activities for active stream flow gages funded
with EAP's Stream Flow Gaging grants.
Page 1 of3
IT IS MUTUALLY AGREED THAT:
Period of Performance: The period of performance is extended to September 30,2011.
Fundinl!:: The funding will be increased to $21,500. This represents an increase of$I,500.
Unspent funds budgeted for reimbursement for work done through June 30, 2011 will not carry
over to Fiscal Year 12, beginning July 1,2011. The increase of$I,500 applies only to
reimbursement for work done from July 1 - September 30, 2011.
Budl!:et:
The budget is as follows:
Estimated Costs (for informatiOIi. only)
ORIGINAL AMENDMENT 1
BUDGET OBJECT ELIGffiLE TOTAL
COSTS ELIGffiLE COSTS
"'Object 1 - Salaries and Benefits 15,520 16,640
"'Object 2 - Travel or Vehicle Lease 500 600
"'Object 3 - Equipment/Supplies/Goods and 100 100
Services
"'Object 4 - Indirect 3,880 4,160
Total Eligible Project Costs $ 20,000 $21,500
'" ECOLOGY will track the Total Eligible Project Costs.
Page 2 00
All other terms and conditions in the original grant remain in effect.
IN WITNESS WHEREOF, the parties hereby sign this Grant:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
ROBERT DUFF DATE
PROGRAM MANAGER
ENVIRONMENTAL ASSESSMENT PROGRAM
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
Page 3 of3
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
DA'v'IDSlfJ...LIVAN DATE
CHAIR JO/.h A u.5"-h ~
Approved as ta form only:
lJ' 8!2Vj.LolI
Jefferson Co. Prosecutor'.
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GRANT NO. GIOOO092
Between
The State Of Washington Department Of Ecology
And
JEFFERSON COUNTY
Project: Stream Flow Gaging
This is a binding agreement entered into by and between, the State of Washington Department of
Ecology, (pO Box 47600, Olympia, Washington, 98504-7600) hereinafter referred to as
"ECOLOGY", and "Jefferson County", hereinafter referred to as the "RECIPIENT". The
RECIPIENT agrees to carry out the activities described herein.
Recipient Name: Jefferson County
Recipient Address: P.O. Box 1220
Port Townsend, W A 98368
Neil Harrington
360-385-9411/360-385-9411
nharrington@co.jefferson.wa.us
Susan Parke
360-385-9437
615 Sheridan
Port Townsend, W A 98368
91-6001322
Recipient Project Manager:
Recipient Telephone I Fax Numbers:
Recipient E-mail:
Recipient Billing Contact:
Telephone Number:
Recipient Billing Address:
Recipient Federal ID Number:
For the purpose of this agreement:
Ecology Project Manager: Brad Hopkins
Project Manager Telephone I Fax Numbers: 360-407-66861360-407-6884
Project Manager E~mail: bhop461@ecy.wa.gov
Ecology Billing Contact! Administration: Marcia Geidel
Telephone I Fax Numbers: 360-407-6322/360-407-6884
E-mail: mgei461@ecy.wa.gov
Grant Amount: $20,000
State Maximum Cost Share Rate:
Maximum Eligible Project Cost: $20,000
100% up to a maximum State Share of$20,000
The EFFECTIVE DATE of this grant is July 1,2009. Any work perfonned prior to the
effective date of this agreement will be mtlle sole expense and risk of the RECIPIENT.
The project described herein must be completed on or before June 30, 2011. All requests for
reimbursement must be received by July 31, 2011.
THE EXPIRA nON DATE of this agreement is June 30, 2011.
Page 1 of8
PART I - PROJECT DESCRIPTION
This stream flow gaging project will monitor, evaluate, and report stream flows in near real "time.
ECOLOGY's Environmental Assessment Program (EAP) and the RECIPIENT will jointly
operate, and maintain up to 8 continuous near real-time stage recorders within the
SkokomisbIDosewallips watershed (WRIA 16) and Big Quilcene/Snow watershed (WRIA 17).
The continuous near real-time stage recorders are located at Dosewallips River at Brinnon, Big
Quilcene River at Linger Longer Bridge, Little Quilcene River at Center Road Bridge, Snow
Creek at Washington Department ofFish and Wildlife property, Salmon Creek at West Uncas
Road, Tarboo Creek near the mouth, Thorndyke Creek near the mouth, and Chimacum Creek
near the mouth.
The objective of this project is to improve the state of existing knowledge about flows in the
watershed and support multiple water and watershed management initiatives. This project will
expand the statewide stream gaging network currently operated by ECOLOGY. It assures that
stream flow data will be collected in this river basin using common, quality-assured protocols,
comparable instrumentation, and compatible data management and data archiving systems. This
project also assures that the data will be provided to the public in near real-time via
ECOLOGY's internet (World Wide Web) pages.
This project complements current local and regional planning activities in the
SkokomisbIDosewallips and Big Quilcene/Snow River basins by providing a reliable means of
measuring actual flow levels, and assuring that flow monitoring is conducted using comparable
methods, equipment, and data management systems across watersheds.
ECOLOGY's EAP will provide support and guidance for this project as described in the
Attachment incorporated by reference herein.
This project supports operations and maintenance activities for active stream flow gages funded
with EAP's Stream Flow Gaging grants.
PART II - SCOPE OF WORK
The RECIPIENT and ECOLOGY shall ensure that this project is completed according to the
scope of work of this agreement. The RECIPIENT may elect to use its own labor forces to
complete project-related work.
The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements
necessary for completing the project are, or will be, consistent with the terms of this grant
agreement and Chapter 39.34 RCW Interlocal Cooperation Act. The RECIPIENT shall submit a
copy of each interlocal agreement for this project to ECOLOGY.
Page 2 of8
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Task 1 - Project Admlnistration/Management
A. The RECIPIENT shall be responsible for maintaining project records; submitting
payment vouchers, forms, and progress reports; complying with applicable procurement
and interlocal agreement requirements, quality control, and submitting required
performance items.
B. The RECIPIENT shall ensure that every effort will be made to maintain effective
cormnunication with the RECIPIENT's designees, ECOLOGY, all affected local, state, or
federal jurisdictions, Tribes and/or other interested individuals or groups. The
RECIPIENT shall carry out this project by the completion dates outlined in this
agreement.
C. The RECIPIENT shall work with ECOLOGY's designees to coordinate and schedule all
project field activities and data reviews.
D. The RECIPIENT or its designees should be able to perform the following tasks:
I. Effectively administer and manage this grant project.
2. Maintain all data measurement records.
3. Submit all required performance items, progress reports, financial vouchers, and
maintain all project records of these documents.
4. Attend meetings and answer general questions from both internal and external
clients about continuous flow monitoring within the priority basin.
5. Operate computer, telephone, copy machine, network printer, facsimile machine,
and data logger, as required to fulfill this agreement.
6. Perform physica1labor that may include using various hand tools required to
maintain the continuous stage height recording equipment.
7. Work in remote and rugged locations under a variety of weather conditions.
8. Traverse uneven and sometimes slippery streambeds to make instream flow
measurements.
9. Stand on uneven and sometimes slippery surfaces for an extended period.
10. Lift up to 40 Ibs. of items associated with the proje9t.
11. Read and review documents and field forms for accuracy.
Task 2 - Implementation
A. ECOLOGY will provide all equipment maintenance and service, and will ensure that the
active stream flow gages funded with EAP's Stream Flow Gaging grants operate
B. The RECIPIENT will assist ECOLOGY in the following activities:
I. Operate, maintain, and troubleshoot continuous stage height recording equipment.
2. Measure instream flows as required using appropriate EAP-approved Standard
Operating Protocols and equipment.
Page 3 of8
C. The RECIPIENT is encouraged to coordinate its staffs field activities with staff from
other jurisdictions also receiving stream gaging funds through ECOLOGY, to improve
regional coordination as well as field safety.
D. ECOLOGY will provide training to the RECIPIENT's designee(s) on the stream gaging
Standard Operating Procedures (SOP's) and other methods to be used for this project.
The RECIPIENT will assure that its designees receive this training and use the required
SOP's to:
1. Assist ECOLOGY with the operation, maintenance, and troubleshooting of a
network of continuous and manual stage height and crest stage height recorders.
2. Assist ECOLOGY in measuring flows on an approximate six week schedule
while the locations are accessible, using approved SOP's.
3. Ensure that field personnel are trained to follow established procedures for flow
measurement.
4. Ensure that field notes and flow measurement records will be kept in both hard
copy and electronic format.
E. The RECIPIENT will provide an initial evaluation of any gage not operating properly or
as expected, and will complete any minor corrections or repairs possible on site (e.g.
replacing batteries, adjusting antenna position, etc.). ECOLOGY will troubleshoot and
repair any problems not minor in nature. In cases involving loss or significant
destruction of the gaging equipment, whether from natural causes (e.g. major floods,
stream bank wasting), vandalism, or accidents, ECOLOGY is not responsible for
replacing the gage (ECOLOGY has not been provided resources to replace lost gages).
Task 3 - Data Management
A. All monitoring data collected or acquired under this agreement shall be managed in order
to be available to secondary users and meet a ten-year (10) rule. The ten-year rule means
that data documentation is sufficient to allow an individual not directly familiar with the
specific monitoring effort to understand the purpose of the data set, methods used, results
obtained, and quality assurance measures taken, ten years after the data are collected.
B. The RECIPIENT shall submit quarterly all locally-collected flow related data to
ECOLOGY in both hard copy and electronic spreadsheet forms provided by ECOLOGY,
or in other mutually agreed formats.
C. The RECIPIENT shall submit two copies of any document which requires ECOLOGY
approval. Once approval is given, one copy will be returned to the RECIPIENT. If the
RECIPIENT needs more than one approved copy, the number of submittals should be
adjusted accordingly.
Page 4 of8
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PART ill - PROJECT BUDGET
A. Budget Obiect Billing. The RECIPIENT shall bill ECOLOGY for approved and
completed work (eligible project costs) using a standard accounting format. Payments
will be made on a cost reimbursable basis. The RECIPIENT will submit quarterly each
request for reimbursement on state invoice voucher forms.
B. The RECIPIENT shall submit all invoice requests and supportive documentation to
Marcia Geidel, ECOLOGY's Billing Contact. Prior approval must be given by
ECOLOGY's Project Manager for any meeting or refreshment costs incurred to the
project.
Invoice requests shall include, at a minimum: a State of Washington Invoice Voucher
Form AI9-IA, Form B2 (ECY 060-7), and Form C2 (ECY 060-9). Blank forms are
found in "Administrative Requirements for Recipients of Ecology Grants and Loans".
Electronic copies offorms and "Administrative Requirements for Recipients of Ecology
Grants and Loans" ("Yellow Book") are available at Ecology's websites:
. Yellow Book - htto://www.ecv.wa. gov/biblio/9 I 18.html
For the administration of the agreement, the RECIPIENT shall follow the
"Administrative Requirements for Recipients of Ecology Grants and Loans," September
2005 edition. The Payment Request Form A19-1 A must be signed by the RECIPIENT's
authorized representative; Forms B2 and C2, and supporting documents (receipts, payroll
records, etc.) may be photocopies.
Estimated Costs (for information only)
TOTAL ELIGIBLE
BUDGET OBJECT COST
"Object I - Salaries and Benefits 15,520
"ObJect 2 - Travel or Vehicle Lease 500
"Object 3 - Equipment/Supplies/Goods and Services 100
"Object 4 -Indirect 3,880
Total Eligible Project Costs $ 20,000
.. ECOLOGY will track the Total Eligible Project Cost.
Page 5 of8
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PART IV - SPECIAL TERMS AND CONDITIONS
A. Eauipment. The RECIPIENT may, with ECOLOGY approval, retain any equipment or
property purchased with grant funds as long as it is being used to continue the program
for which it was purchased.
B. Minoritv and Women's Business (MWBE) Participation. The RECIPIENT agrees to solicit and
recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE)
businesses in purchases and contracts initiated after the effective date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation. MlWBE
participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons
submitting qualifications should take the following steps, when possible, in any procurement
initiated after the effective date of this agreement:
a. InClude qualified minority and women's businesses on solicitation lists.
b. Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
c. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to
permit maximum participation by qualified minority and women's businesses.
d. Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
e. Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department
of Commerce, as appropriate.
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on
forms provided by the DEPARTMENT, payments made to qualified flTllls. Please include the
following information:
a. Name and state OMWB,E certification number (if available) of any qualified firm receiving
funds under the invoice, including any sub-and/or sub-subcontractors.
b. The total dollar amount paid to qualified firms under this invoice.
C. Overhead Rate. The RECIPIENT may charge an overhead rate ofup to 25 percent of
salaries and benefits incurred while conducting project related work unless otherwise
specified in the agreement budget.
D. Progress Reports. The RECIPIENT shall prepare and submit quarterly progress reports,
along with quarterly invoices, to ECOLOGY's Billing Contact, Marcia Geidel. Progress
reports shall be submitted regardless of whether or not work is performed.
Progress reports shall cover the periods January 1 through March 31, April 1 through
June 30, July 1 through September 30, and October 1 through December 31.
At a minimum, progress reports must contain: a comparison of actual accomplishments to
the objectives established for the period; the reasons for the delay if established
objectives were not met; analysis and explanation of any cost overruns; and any
additional pertinent information specified in this agreement.
Page 6 of8
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E. ECOLOGY Funding Recognition. The RECIPIENT shall acknowledge and inform the
public about ECOLOGY's funding participation in this project through the use of project
signs and/or acknowledgement in published materials and reports, the news media, or
other public announcements. Projects addressing site-specific locations must utilize
appropriately sized and weather-resistant signs. Logos are available from ECOLOGY for
use on signage.
F. Agreement Changes. Modifications and Amendments: No amendment is required for
administrative adjustments such as changes in telephone numbers, addresses, project
managers or coordinators, supervisors or contact persons for ECOLOGY or the
RECIPIENT. However, the RECIPIENT must notify ECOLOGY's Project Manager of
such changes. The Project Manager must notify the Fiscal Office, in writing, of such
changes. E-mail may be used to notify the Fiscal Office.
This agreement may be changed, modified or amended by written agreement executed by
both parties.
PART V - ALL WRITINGS CONT AlNED HEREIN
This agreement, the appended "General Terms and Conditions" and ECOLOGY's current edition
of "Administrative Requirements for Recipients of Ecology Grants and Loans", Publication No.
91-18 (September 2005) contain the entire understanding between the parties, and there are no
other understandings or representations other than as set forth, or incorporated by reference,
herein. No subsequent modification(s) or amendment(s) of this agreement shall be of any force
or effect unless signed by authorized representatives of the RECIPIENT and ECOLOGY and
made a part of this agreement, EXCEPT, that in response to a request from the RECIPIENT,
ECOLOGY may change the grant expiration date or redistribute the grant budget. ECOLOGY
or the RECIPIENT may change their respective staff contacts without the concurrence of either
party.
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON
DEPAR Y
.
RO RT F. COSI
SECTION MANAGER
ENVIRONMENTAL ASSESSMENT PROGRAM
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEYGEN'ERAL
Page 7 of8
Approved as to fonn only:
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ATIACHMENT
Ecology Support and Guidance
To help to implement this project, the Washington State Department of Ecology's Environmental
Assessment Program (EAP) will:
1. Provide guidance and field support to local staff concerning operating and maintaining
remote stage height recording equipment on select rivers and streams within designated
priority basins.
. Ensure required deliverables and time1ines to meet goals of the Stream Flow Gaging
grant.
. Provide field support to measure instream flow as required using appropriate techniques
and equipment.
. Develop flow-rating curves that relate stage height to corresponding instream discharge
(flow).
. Apply flow rating curve regression equations or rating tables to the continuous stage
height information to build a continuous flow record.
. Use best professional judgment to adjust continuous flow record or flow rating curves!
flow tables to discount shifts in stream cross section or-movement of equipment.
2. Provide data management support for continuous real-time stage recorders and manual staff
gage measurements.
. Support GOES telemetry to download real-time stage height data.
. Post near real-time information to the Ecology web page.
. Provide end-of-the-water year written evaluation of flow information.
. Enter final data set, both continuous and manually collected, into Ecology's data
management system.
3. Develop and review new methods and protocols that enhance the project's ability to meet
increasing need for instream flow information.
4. Strive to maintain an effective working relationship with local staff, facilitate meetings, and
conduct annual field methods review.
5. Provide a basin contact within EAP to support local implementation of this project. In the
SkokomishIDosewallips and Quilcene/Snow basins, this contact is Chris Evans. Chris can be
contacted at (360) 407-6052 or bye-mail at ceva46 1 @ecv.wa.gov.
Page 8 of8
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grantlloan funds ara to be used shall be accomplished by the RECIPIENT
and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has
been included in the agreemenfs final scope of work and budget.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to
this agreement, the state of Washington is named as an express third-party beneficiary of such
subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, If required by State iaw. RECIPiENT shall
retain copies of all bids received and contracts awarded, for Inspection and use by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned
by the RECIPIENT. .
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all appliceble Federal, State and locai iaws,
orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary
approvals and permits required by authorities having jurisdiction over the project, provide essurance to
the DEPARTMENT that all approvais and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees
to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the
maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the
DEPARTMENT the percent of granllloan funds available to women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect wages and job
safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
Industrial insurance requirements. If the RECIPIENT failslo comply with such laws, the DEPARTMENT
shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein.
G. KICKBACKS .
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in this project to give up any part of the compensation to which he/she is otherwise entitled or,
receive any fee, commission or gift in return for award of a subcontrect hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this
agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or
object.
All granllloan records shall be kept In a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
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Engineering documentation and field Inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grantlloan records shall be" open for audit or inspection by the DEPARTMENT or by
any duly authorized audit representative of the State of Washington for a period of at least three years
after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make
adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made
available to the DEPARTMENT and to any authorized state, federal or local representative for inspection
at any time during the course of this agreement and for at least three years following grant/loan
termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMS Circular A-133 (Audits of States, Local
Govemments & Non Profit Organizations), including the compliance Supplement to OMS Circular A-133,
if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for
each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a
copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the
DEPARTMENT within ninety (90) days of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request
or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing
to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability
to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the
action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation.
payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30,
July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty
(30) days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as
specified in the grant agreement and no more often than once per month. Each request for payment will
be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along
with documentation of the expenses. Payments shall be made for each task/phase of the project, or
portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as
satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable costs by
major elements as described in the Scope of Work. Instructions for submitting the peyment requests are
found In "Administrative Requirements for Ecology Grants and Loans", part IV, published by the
DEPARTMENT. A copy of this document shall be fumished to the RECIPIENT. When payment requests
are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project
Officer assigned to administer this agreement
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT
pursuant to the grantlloan agreement and performed after the effective date and prior to the expiration
date of this 'agreement, unless those dates are specifically modified in writing as provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for
compensation within forty-five( 45) days after the expiration date of this agreement and within fifteen (15)
days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten
percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies
withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a
portion therecf, have been completed if, in the DEPARTMENT's sole discretion, such payment is
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reasonable and approved according to this agreament and, as appropriate, upon completion of an audtl
as specified under section J.6. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final
audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be
refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and par diem are paid to the employees of the
RECIPIENT or other public entities, tl shall not excead the amount allowed under state law for state
employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided
for in the Scopa of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreament. In the event
the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required
of tl by this agreament, the DEPARTMENT may refuse to pay any further funds thereunder and/or
terminate this agreament by giving written notice oftermination.
A written notice of termination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under
this agreement, at the option of the DEPARTMENT, shall become Department proparty and the
RECIPIENT shall be enlilied to receive just and equitable compansation for any satisfactory work
completed on such documents and other materials.
Desptle the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of
any breach of agreament by the RECIPIENT. The DEPARTMENT may withhold payments for the
purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the
RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent
on the availability of state and federal funds through legislative appropriation and state allotment. When
this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the
appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be
good cause to terminate this agreement as provided in paragraph K 1 above.
When this agreament crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation
of funds by the RECIPIENT's govemlng body; Provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT In
accordance with Section 0 herein.
3. Failure to CommenCe Work. In the event the RECIPIENT fails to commence work on the
project funded herein within four months after the effective date of this agreament, or by any date
mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to
terminate this agreement.
L. WANER
Waiver of any RECIPiENT default is not a waiver of any subsequent default. Waiver of a breach
of any provision of this agreement is not a waiver of any subsequent breach and will not be constnued as
a modification of the terms of this agreement unless stated as such in writing by the authorized
representative of the DEPARTMENT.
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M. PROPERlY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or
invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royaity-free, nonexciusive and irrevocable license to reproduce, publish, recover
or otherwise use the material(s) or property and to authorize others to use the same for federai, state or
local govemment purposes.
Where federal funding is invoived, the federal govemment may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C.
200-212.
, 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs,
brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and
personal property purchased wholly or in part with funds fumished by the DEPARTMENT in the absence
of state, federal statute(s}, regulation(s), or pollcy(s) to the contrary or upon specific instructions with
respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directiy to the RECIPIENT for use in performance of the project, it shall be returned to
the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is los~ stolen or
damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed In cash or by
setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this
agreement includes funds for the acqUisition of land or facilities:
a. Prior to disbursement of funds provided for in this agresment, the RECIPIENT
shall establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire
title for each parcel prior to disbursement of funds provided by this agreament Such evidence may
include titie insurance policies, Torrens certificates, or abstracts. and attomey's opinions establishing that
the land is frea from any impediment, lien, or claim which wouid impair the uses contemplated by this
agreament.
6. Conversions. Regardless of the contract termination date shown on the cover shee~ the
RECIPIENT shall not at any time convert any equipmen~ property or facility acquired or deveioped
pursuant to this agreement to uses other than those for which assistance was originally approved without
prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the
DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance
which monies granted pursuant to this agreament bear to the total acquisition, purchase or construction
costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices Include use
of ciean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more
information, see www.ecy.wa.gov/sustainability..
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent
upon satisfactory performance of this agreement including the satisfactory'compietion of the project
described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations
required of it by this agreemen~ the RECIPIENT may, at the DEPARTMENTs soie discretion, be required
to repay to the DEPARTMENT all grantlloan funds disbursed to the RECIPIENT for those parts of the
project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
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Interest shall accrue at the rate of twelve percent (12%) per year from the time the
DEPART.MENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as In Section K2 above, the RECIPIENT shall not be obligated
to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired
under this agreament, at the option of the DEPARTMENT, may become the DEPARTMENT'S property
and the RECIPIENT'S Iiabiiity to repay monies shali be reduced by an amount reflecting the fair value of
such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer
or other designated official to whom the RECIPIENT shall report and be responsible. In the event there Is
a dispute with regard to the extent and character of the work to be done, the determination of the Project
Officer or other designated official as to the extent and character of the work to be done shall govern.
The RECIPIENT shall have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising
under this agreement which is not disposed of in writing shall be decided by the Project Officer or other
designated official who shall provide a written ststement of decision to the RECIPIENT. The decision of
the Project Officer or other designated official shall be final and conclusive unless, within thirty days from
the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the
opportunity to be heard and to ottar evidence in support of this appeal. The decision of the Director or
duly authorized representative for the determination of such appeals shall be final and conclusive.
Appeals from the Director's determination shall be brought in the Superior Court of Thurston County.
Review of the decision of the Director will not be sought before either the Pollution Control Hearings
Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT
shall proceed diligently with the performance of this agreement and In accordance with the decision
rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, .or empioyee of either party to thIs agreement who exercises any
function or responsibiiity in the review, approval, or carrying out of this agreement, shall participate in any
decisIon whIch affects hislher personal interest or the interest of any corporation, partnership or
association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or
pecuniary interest, direct or indirect, In this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsibie for payment of salaries,
consultent's fees, and other costs related to the project described herein, except as provided in the Scope
of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party
shall indemnIfy and hold the other harmless from and against any liability for any or all injuries to persons
or property arising from the negligent act or omission of that party or that party's agents or employees
arising out of this agreement
T. GOVERNING LAW
This agreement shall be govemed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any prOVision of any document incorporated by reference
shall be held invalid, such Invalidity shall not affect the other provisions of this agreement which can be
gIven ettact without the invalid provision, and to this end the provisions of this agreement are declared to
be severable.
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V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and
State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms
incorporated herein by reference including the "Administrative Requirements for Ecology Grants and
Loans"; and (e) the General Terms and Conditions.
SS-010 Rev. 04/04
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