HomeMy WebLinkAbout101011_ca04
~-~- Consent Agenda
~~?N,20
I~~'~~) JEFFERSON COUNTY PUBLIC HEALTH
'#.t'!:3::.~" 615 Sheridan Street. Port Townsend. Washington. 98368
"tN_O ~ www.jeffersoncountypubUchealth.org
September26,2011
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Jean Baldwin, DIrector
DATE: October-- 10) d.o II
SUBJECT: Agenda Item - Agency Agreement - Coordinated Prevention Grant -
Enforcement, Amendment #3 - #G1000406; July 1, 2011 -
December 31, 2011; add1 $57,190 total $151,889
STATEMENT OF ISSUE:
Jefferson County Public Health, environmental Health, Is requesting Board approval of Agency Agreement,
Coordinated Prevention Grant - Enforcement, Amendment #3 - #Gl000406; July 1, 2011 - December 31,
2011; add1 $57,190 total $151,889
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
This agreement with Washington State Department of Ecology promotes and ensures compliance with the
solid waste management regulations as Identified In the local Comprehensive Solid Waste Management Plan
and Hazardous Waste Management
With Amendment #3 funding, the county will continue to review applications for solid waste (SW) related
permits, renew and Issue solid waste related permits, and conduct various SW related Inspections relating to
enforcement of SW rules and regulations. The county will respond to complaints and provide technical
assistance regarding proper handling and disposal of solid waste at these Identified facilities: IndIan Island
Inert Landfill, PT Paper Inert Waste Landfill, JC MRW Fadllty, PT Blosollds Compost Fadllty, JC Transfer
Station & Recydlng Center, Qullcene Drop Box, JC Closed Landfill, and four exempt faClIItles (Valley View
Dairy Compost, leavitt Trucking & Excavating, ShIne Fadlity, Peninsula Auto Wrecking). The County wlll
continue to respond to and Investigate lIIegal dumping and SW complaints. The county wlll continue to
provide public outreach regarding proper handling and disposal methods.
This amendment adds Phase 2 funding and reimburses costs Incurred from January 1, 2010 - June 30,
2011. Phase 2 fundIng was delayed due to the uncertainty of the State budget.
COMMUNITY HEALTH
DEVELOPMENTAL DISABILITIES
MAIN: (360) 385-9400
FAX: (360) 385-9401
PUBLIC HEALTH
AlWAYS WORKING fOR A SAfER AND
HEALTHIER COMMUNITY
ENVIRONMENTAL HEALTH
WATER QUALITY
MAIN: (360) 385-9444
FAX: (360) 379-4487
Consent Agenda
FISCAL IMPACT/COST BENEFIT ANALYSIS:
The grant amendment adds $57,190 In revenue. A 25% match is required In the amount of fI,297.50.
Match Is provided through Solid Waste program fees and the County General Fund.
RECOMMENDATION:
JCPH management request approval of Agency Agreement, Coordinated Prevention Grant - Enforcement,
Amendment #3 - #GlO00406i July 1, 2011 - December 31, 2011; add1 $57,190 total $151,889
REVIEWED BY:
tor
~/~
Date
(Routed to all Public Health Managers)
AMENDMENT NO.3 TO AGREEMENT NO. Gl000406
BETWEEN THE .
STATE OF WASIllNGTON DEPARTMENT OF ECOLOGY
AND
JEFFERSON COUNTY PUBLIC HEALTH
Purpose: To amend the above referenced grant agreement between the Department of Ecology
(Department) and Jefferson County Public Health (Recipient). This amendment will provide funding to
reimburse costs incurred front July I, 2011-December 31,2011 only.
IT IS MUTUALLY AGREED that the agreement b amended as foUows:
1. The l1lllXin1um eligible cost for this agreement is increased by $57,190 from $94,699 to a total of5151,889.
The state share amotmt for this agreement is increased by $42,893 from $11,024 to a total of 5113,917.
2. The following table outlines the changes to the budget 1istedby task.
FUND SOURCE: CPG (LTCA)
Cash Match
25%
$37,m
Interloca1 Costs
0%
$0
3. The Recipient acknowledges that their final opportunity to request reimbursement for costs incurred front
January 1, 20 1 0 through June 30, 2011 was due to Ecology by August 12, 2011.
Page 1 of2
Agreement No. Gloo0406 - Amendment 3
Coordinated Prevention Grant Program
Regular Cycle Agreement with Jefferson County Public Health
4. The Recipient acknowledges the increase in budget from this amendment may only be used to reimburse
costs incurred from July 1,2011 through December 31, 2011.
5. The Recipient may request that any remaining funds as of June 30, 20 II be used to reimburse costs
incurred from July 1,2011- December 31, 2011.
6. The effective date of this amendment is July 1,2011.
7. All other terms and conditions of the original agreement and any amendments remain in full force and
effect
IN WITNESS WHEREOF, the parties sign this Amendment:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
JEFFERSON COUNTY
PUBLIC HEALTH
Laurie G. Davies
Program Manager
Waste 2 Resources Program
Date
Authorized Official
Date
Print Name and Title of Anthorized Official
APPROVED AS TO FORM ONLY
Assistant Attorney General
Approved as too form only:
~
AfYJ!;.NT). tp 2-
C'!
C'
WA StaIB Utipanment
STATEOFWASIDNGTON DEPARTMENT OF ECOLOGY of Ecology (SWRG)
AND
BETWEEN THE
RECEiVED
DEe 1 52010
AMENDMENT NO.2 TO AGREEMENT NO. Gt0OO406
JEFFERSON COUNTY PUBLIC HEALTH
Purpose: To amend the above referenced grant agreement between the Department of Ecology
(Department) and JefferSon County Public Health (Recipient). This amendment will allow the recipient to
receive reimbursement for an additional quarter for activities within the scope of work.
IT IS MUTUALLY AGREED thllt the agreement is mnended as follows:
1. The total maximum eligible cost for this agreement increases by $19.559 from$75.1 40 to $94.699. The
state share amount for this agreement increases by $14,669 from $56.355 to $71,024.
2. The following table outlines the changes to the Phase One budget listed by task.
PHASE ONE FUND SOURCE: CPG (SBCA)
Cash Match
25%
$23,675
InterlooaJ Costs
-0-%
$-0-
Page I of2
AmEND. tF,
i
AMENDMENT NO.1 TO AGREEMENT NO. Gl000406
BETWEEN THE
STATE OF WASIDNGTON DEPARTMENT OF ECOLOGY
AND
JEFFERSON COUNTY PUBLIC HEALTH
Amendment Pntpose: This amendment covers changes to language in the grant agreement, including
additions, deletions, and clarifications. The shaded areas identifY the changes.
IT IS MUTUALLY AGREED that the agreement Is amended as follows:
I. The total maximum eligible cost and state grant share for this agreement remains the same.
2. PART 1: SCOPE OF WORK in the original agreement states:
The task(s) set forth below summarize the RECIPIENT'S activities to be performed under this
agreement. Costs are limited to those approved by ECOLOGY as outlined in the current scope of
work and budget. Deliverables must be completed by the expiration date of this agreement,
including delivery of purchases, unless otherwise stated in this agreement or approved by
ECOLOGY in writing.
Note: The term "task" as used in this agreement is interchangeable with the term "project" as
used on the online Solid Waste Information Clearinghouse.
This agreement is a "Multi-Phased" agreement. Multi-phased means it will be written with a
task's full scope of work and a partial budget. Phase One of this agreement includes work
performed with the budget as outlined in Phase One of section Part 2: Fund Source and Budget.
Phase Two includes the remainder of work to be performed and funds are contingent upon the
budget appropriation by the State Legislature for the 2011-2013 biennium.
After the 2011-2013 biennial allocation is secured, ECOLOGY will initiate a formal amendment
to increase funding to support Phase Two. Phase Two work is not authorized for reimbursement
until a formal amendment to increase the budget is executed. RECIPIENTS are not obligated to
complete Phase Two work until a formal amendment to increase the budget is approved.
Any work performed or costs Incnrred prior to the effective date of this agreement will be
at the sole expense of the RECIPIENT.
The "Maximum Eligible Cost" is the maximum amount of eligible costs incurred by a
RECIPIENT that can be reimbursed at a rate of 75 % under this grant. 'The "Estimated (total)
Task Cost" is for ECOLOGY information only. It reflects the true cost of completing the full
task, including expenses beyond the Maximum Eligible Cost.
Pllge 10f5
(
(
Agreement No. G I 000406 - Amendment I
Coordinated Prevention Grant Program
Regular Cycle Agreement with Jefferson County Public Health
The above section is deleted and replaced with the following:
PART 1: SCOPE OF WORK
The task(s) set forth below summarize the RECIPIENT'S activities to be performed under this
agreement. Costs are limited to those approved by ECOLOGY as outlined in the current scope of
work and budget. Deliverables must be completed by the expiration date of this agreement,
including delivery of purchases, unless otherwise stated in this agreement or approved by
ECOLOGY in writing.
Note: The term "task" as used in this agreement is interchangeable with the term "project" as
used on the online Solid Waste Information Clearinghouse.
This agreement is a "Multi-Phased" agreement. Multi-phased means it will be written with a
task's full scope of work and a partial budget. Phase One of this agreement includes work
performed with the budget as outlined in Phase One of section Part 2: Fund Source and Budget.
Phase Two includes the remainder of work to be performed and funds are contin nt u n the
bud eta 0 riationb theStateLe .slatureforthe2011-2QI3biennium. E jjjJ
After the 2011-2013 biennial allocation is secured, ECOLOGY will initiate a formal amendment
to increase funding to support Phase Two. Phase Two work is not authorized for reimbursement
until a formal amendment to increase the budget is executed. RECIPIENTS are not obligated to
complete Phase Two work until a formal amendment to increase the budget is approved.
Any work performed or costs incurred prior to the effective date of this agreemeut will be
at the sole expeuse of the RECIPIENT.
The "Maximum Eligible Cost" is the maximum amount of eligible Costs incurred by a
RECIPIENT that can be reimbursed at a rate of75% under this grant. *The "Estimated (total)
Task Cost" is for Ecology information only. It reflects the true cost of completing the full task,
including expenses beyond the Maximum Eligible Cost.
3.
4. Within each Task's scope of work. the section Work Plan aud ActivIties TimeUue shall now
include the following language:
Work Plan aud Activities TimeUne:
Changes to the work plan may be negotiated and approved by your Grant Officer in writing.
Page 2 of5
Agreement No. G 1000406 - Amendment I
Coordinated Prevention Grant Program
Regular Cycle Agreement with Jefferson COImty Public Health
5. PART 2: FUND SOURCE AND BUDGET in the original agreement states:
Approved costs must be consistent with the most recently approved Spending Plan. Costs cannot
exceed the agreement Budget (part 2: Section B) without a formal amendment. To change how
funds are allocated between the grant tasks, the RECIPIENT must submit a written request to
ECOLOGY for a Letter Amendment. To change a scope of work or to increase/decrease a grant
amount, the RECIPIENT must complete and submit a Formal Amendment Request form (ECY
070-113).
The above section is deleted.
The existing A. FUND SOURCE and B. BUDGET for this agreement remains the same.
6. PART 3: BUDGET CONDITIONS in the original agreement states:
G. Spending Plans: Approved costs must be consistent with the most recently approved Spending
Plan. The RECIPIENT must submit a revised Spending Plan to ECOLOGY in order to change
the amount of funds spent by quarter. ECOLOGY'S grant officer will approve, by date stamp
and signature, the revised Spending Plan. If quarterly spending exceeds the amount outlined on
tile appru"ed-spending-plan, EGOLBev -reserve&tlie-t'ight to hold paymentof' th<>OWI'llge
depending on the availability of funds. Revised and approved Spending Plans are incorporated
into this agreement by reference.
The above section is deleted.
7. PART 4: SPECIAL TERMS AND CONDITIONS in the original agreement states:
A. BILLING AND REPORTING
3. The RECIPIENT must provide to ECOLOGY an up-to-date Spending Plan throughout the grant
period. An updated Spending Plan must be submitted when changes occur that impact quarterly
spending and I or quarterly reimbursement amounts.
The above section is deleted and replaced with the following:
A. BILLING AND REPORTING
3. The RECIPIENT must provide ECOLOGY with an updated Spending Plan when requested by
ECOLOGY.
8. PART 4: SPECIAL TERMS AND CONDITIONS in the original agreement states:
C. OTHER SPECIAL TERMS
2. SOLID WASTE ENFORCEMENT
Solid Waste Enforcement money can only be spent on tasks that focus on enforcement of
rules and regulations, and shall be used exclusively for expenses necessary to enforce
applicable regulations pursuant to Chapters 70.95.220 RCW, WAC 173-350,351 and 304.
For tasks related to inspection and permitting of solid waste facIlities, those facilities must be
in compliance at the time a payment request is submitted. Compliance is defined at a
minimum as the RECIPIENT shall have issued a compliance schedule or have taken
enforcement action to obtain compliance.
Page 3 of5
Agreement No. G I 000406 - Amendment I
Coordinated Prevention Grant Program
Regular Cycle Agreement with Jefferson County Public Health
The RECIPIENT must also submit copies of pennits to ECOLOGY within seven days of
their issuance. Once a pennit is issued, ECOLOGY has 30 days to review each permit.
Complete permit applications must be submitted to ECOLOGY, allowing 45 days for
ECOLOGY to review and recommend for or against the issuance of a permit. The
RECIPIENT must submit copies of reports for inspections conducted in the billing period
with each payment request.
The above section is deleted and replaced with the following:
Solid Waste Enforcement money can only be spent on tasks that focus on enforcement of
rnIes and regulations, and shall be used exclusively forexpenses n~ enforce.CPG
~1'~~~uanttoChaPter70.95RCW,WJW~~~~~
It is a requirement for jurisdictional health departments to submit copies of permits to
ECOLOGY within seven days of their issuance. Once a permit is issued, ECOLOGY has
30 days to review each permit. Complete permit applications must be submitted to
ECOLOGY, allowing 45 days for ECOLOGY to review and recommend for or against the
issuance of a permit.
9. PART 4: SPECIAL TERMS AND CONDmONS in the original agreement states:
C. OTHER SPECIAL TERMS
12. PRECEDENCE
In the event of inconsistency in this agreement, the inconsistency shall be resolved by giving
precedence in the fo,l!2,~~.ord!?!~<&~icabl!l. f~tJ!IlI!!!1t! state statutes and regulations;
(b) 8 fWork"~~~~~~~.'~1r~'()8 'a1T d
cope 0 . _ . ,~,~.".. ..~ ... ,c peel erms an
Conditions; (d) Coordinated Prevention Grant Program Guidelines (e) any terms
incorporated herein by reference including the Administrative Requirements for &ology
Grants and Loans, Ecology Publication #91-18 (Revised September 2005); and (f) the
General Terms and Conditions (88-010 Rev. 04/04).
Page 4 of5
I
Agreement No. G I 000406 - Amendment I
Coordinated Prevention Grant Program
Regular Cycle Agreement with Jefferson County Public Health
The above section is deleted and replaced with the fonowing:
C. OTHER SPECIAL TERMS
12. PRECEDENCE
In the event of inconsistency in this agreement, the inconsistency shall be resolved by giving
precedence in the fonowing order. (a) applicable federal and state statutes and regulations;
(b) Scope of Work; (c) Special Terms and Conditions; (d) Coordinated Prevention Grant
Program Guidelines (e) any termsincorporated herein by reference including the
Administrative Requirements for Ecology Grants and Loans, Ecology Publication #91-18
(Revised September 2005); and (f) the General Terms and Conditions (SS~ I 0 Rev. 04/04).
10. The effective date of this amendment is January I, 20 I O.
II. An other terms and conditions of the original agreement remain in full force and effect.
IN WITNESS WHEREOF. the parties sign this Amendment:
STATE OF WASHINGTON
DEP,.#.J1/J;/r~ .~OL~
~l'" ~
Laune G. DaVIes .
Program Manager
Waste 2 Resources Program
1/1'1tp
Date Autho .
0'8'. /J,;}/O
Date
APPROVED AS TO FORM ONLY
Assistant Attorney General
:PM/1> su-UJ IJJ4.N
Print Name of Authorized Official
ClIft//<!, Bol"JRD tJF (jlJl1?ml:ss/"AJU~.:s
Title
tcppro'.'ed as to form on::,':
7}Z7Jho
r.;fferson Co. Prosecutor's
Page 5 of5
(
DfLLb I tI A L--
RECEIVED
I" i:J:l '\e 'lOiG
Ecology - SWFA
COORDINATED PREVENTION GRANT AGREEMENT
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
JEFFERSON COUNTY PUBLIC HEALTH
GRANT #G1000406
This is a binding agreement entered into by and between the state of Washington Department of Ecology.
hereinafter referred to as ECOLOGY or DEPARTMENT, and Jefferson County Public Health, hereinafter
referred to as the RECIPIENT, to carry out the activities described herein.
JURISDICTION:
MAILING ADDRESS:
CITY, ST ATE, ZIP:
RECIPIENT GRANT COORDINATOR:
TELEPHONE:
FAX:
E-MAIL:
RECIPIENT BILLING/INVOICE COORDINATOR:
TELEPHONE:
FAX:
E-MAIL:
ECOLOGY GRANT OFFICER:
TELEPHONE:
FAX:
E-MAIL:
FUNDING SOURCE
MAXIMUM EUGffiLE COST
STATE GRANT SHARE
LOCAL SHARE
STATE MAXIMUM GRANT PERCENT
FEDERAL TAX IDENTIFICATION NO.
EFFECTNE DATE OF THE AGREEMENT
EXPIRATION DATE OF THE AGREEMENT
Jefferson County Public Health
615 Sheridan Street
Port Townsend, WA 98368
Veronica Shaw
360-385-9409
360-385-9401
veronica@co.jefferson.wa.us
Susan Parke
360-385-9437
360-385-9401
sparke@cojefferson.wa.us
Tami Ramsey
360-407-6612
360-407-6305
tarni.rarnsey@ecy.wa.gov
State Building Construction Account
$75,140
$56,355
$18,785
75%
91-6001322
January 1, 2010
December 31, 2011
Grant No. G 1 000406
Jefferson County Public Health
PART 1: SCOPEOFWORK
The task(s) set forth below summarize the RECIPIENT'S activities to be performed under this agreement.
Costs are limited to those approved by ECOLOGY as outlined in the current scope of work and budget.
DeJiverables must be completed by the expimtion date of this agreement, including delivery of purchases,
unless otherwise stated in this agreement or approved by ECOLOGY in writing.
Note: The term "task" as used in this agreement is interchangeable with the term "project" as used on the
online Solid Waste Information Clearinghouse.
This agreement is a "Multi-Phased" agreement. Multi-phased means it will be written with a task's full
scope of work and a partial budget. Phase One of this agreement includes work performed with the
budget as outlined in Phase One of section Part 2: Fund Source and Budget. Phase Two includes the
remainder of work to be performed and funds are contingent upon the budget appropriation by the State
Legislature for the 2011-2013 biennium.
After the 2011-2013 biennial allocation is secured, ECOLOGY will initiate a formal amendment to
increase funding to support Phase Two. Phase Two work is not authorized for reimbursement until a
formal amendment to increase the budget is executed. RECIPIENTS are not obligated to complete Phase
Two work until a formal amendment to increase the budget is approved.
Any work performed or costs incurred prior to the effective date of this agreement will be at the
sole expense of the RECIPIENT.
The "Maximum Eligible Cost" is the maximum amount of eligible costs incurred by a RECIPIENT that
can be reimbursed at a rete of75% under this grant. *The "Estimated (total) Task Cost" is for Ecology
information only. It reflects the true cost of completing the full task, including expenses beyond the
Maximum Eligible Cost.
1. CATEGORY: SOLID WASTE ENFORCEMENT
MAXIMUM ELIGmLE CATEGORY COST: $ 75,140
SOLID WASTE FACILITY PERMlTfING AND INSPECTION
Summary Description: The RECIPIENT will monitor compliance with local and state waste
regulations including WAC 173-350, Solid Waste Handling Standards; and where applicable, WAC
173-351, Criteria for Municipal Solid Waste Landfills; and WAC 173-304, Minimum Functional
Standards for Solid Waste Handling by issuing new permits andlor permit renewals to solid waste
facilities and submit permits to Ecology in accordance with WAC 173-350-710; and at a minimum,
conduct inspections annually for solid waste facilities and submit inspection reports to Ecology. The
RECIPIENT will also inspect facilities and sites that are in "post closure" or "exempt" status.
There are currently seven (7) solid waste facilities or sites identified in Jefferson County with an
active solid waste permit:
. Jefferson County Transfer Station
. Jefferson County MRW Facility
. Port Townsend Paper Landfill
. Indian Island Inert Landfill
Page 2 ofl?
Grant No. G1 000406 (
Jefferson County Public Health
. Jefferson County Recycling Center
. Port Townsend Composting Facility
. Quilcene Drop Box
There is currently one (1) solid waste facility or site identified in Jefferson County with post closure
permit status:
. Jefferson County Closed Landfill
There are currently four (4) solid waste facilities or sites indentified in Jefferson County with
"exempt" status:
. Leavitt Trucking & Excavating
. Peninsula Auto Wrecking
. Valley View Dairy Compost
. Shine Facility
NOTE: In addition, any new or pending solid waste permit applications or notifications of
exemption from solid waste permitting will also he managed under this agreement.
The RECIPIENT may also provide technical assistance about the proper handling and disposal of
solid wastes, and about the permitting of solid waste handling facilities and activities.
The RECIPIENT may research emerging solid waste issues including staff participation in education
and various solid waste organizations. If applicable, tlte REClIPlENT wilI review ground water
monitoring data for compliance and if necessary use grant funds to confIrm tlte reported groundwater
laboratory analysis results submitted by permittees.
Goal Statement: The goal oftltis task is to protect human hcaltlt and tlte environment by ensuring
compliance witlt local and state solid waste regulations including WAC 173-350, Solid Waste
Handling Standards; and where applicable, WAC 173-351, Criteria for Municipal Solid Waste
Landfills; and WAC 173-304, Minimum Functional Standards for Solid Waste Handling.
Outcome Statement: State rule requires at least one inspection prior to re-issuing a permit. Over
tlte two year grant period, the RECIPIENT expects to complete at least one inspection annually at
each permitted facility or site. .
Work Plan and Activities Timellne:
Quarter Activity
Phase One
Q 1 Inspect permitted solid waste facilities, review and update existing permits
Process applications for new permits, as received
Complaint response and follow up, as necessary
Q2 Process applications for new permits, as received
Complaint response and follow up, as necessary
Q3 Same as Q2
Q4 Same as Q2
Page 3 of 17
GrantNo.G1000406 (
Jefferson County Public Health
Phase Two
Q5 SameasQI
Q6 Same as Q2
Q7 Same as Q2
Q8 Same as Q2
Method of Evaluation: The RECIPIENT will issue new pennits and/or pennit renewals to solid
waste facilities and submitpennits to Ecology in accordance with WAC 173-350-710; at a
minimum, conduct inspections annually for solid waste facilities and submit inspection reports to
Ecology; and, track and report the status of all complaints received. If grant funds are used to
confirm groundwater monitoring activities, the RECIP)ENT will track the site and results of each
sampling conducted for verification.
SOLID AND HAZARDOUS WASTE COMPLAINT INVESTIGATION
Summary Description: This on-going program includes responding to and investigating illegal
dumping and solid waste complaints, and assisting in the proper handling of abandoned or illegally
stored junk vehicles. The RECIPIENT will issue citations and attend related court proceedings as
necessary, and will educate the public about solid and hazardous waste regulations and how to
prevent violations. The RECIPIENT will also provide outreach about proper handling and disposal
methods.
Goal Statement: The goal of this task is to resolve reported solid waste and illegal dump
complaints in a timely manner and to prevent future violations throughout Jefferson County.
Outcome Statement: Over the two year grant period, the RECIPIENT expects to investigate 200
complaints, resolve 200, and assist in the proper handling of 200 junk vehicles.
Work Plan and Activities Tlmeline: (A quarter is defined by calendar year and begins with the
first three months of the grant period.)
Qnarter Activity
Phase One
Q I Receive, respond and resolve complaints
Maintain Complaint Database
Q2 SameasQI
Q3 Same as QI
Q4 Same as QI
Phase Two
Q5 Same as QI
Q6 SameasQI
Q7 SameasQI
Q8 SameasQI
Page4of17
Grant No. G I 000406
Jefferson County Public Health
Method of Evaluatiou: The RECIPIENT will track the number of complaints and resolutions,
and numbers of general technical assistance provided. The RECIPIENT will also track the
number of junk vehicles properly handled.
PART 2: FUND SOURCE AND BUDGET
Approved costs must be consistent with the most recently approved Spending Plan. Costs cannot exceed
the agreement Budget (part 2: Section B) witllout a formal amendment. To change how funds are
allocated between the grant tasks, the RECIPIENT must submit a written request to ECOLOGY for a
Letter Amendment. To change a scope of work or to increase/decrease a grant amount, the RECIPIENT
must complete and submit a Formal Amendment Request form (ECY 070-113).
A. FUND SOURCE
PHASE ONE - (057/J07/9NIOC)
Maximum Eligible Cost:
$75,140
F\llld . '. "0 I;.;?:F'.::;c";2 ,,~'jtJ;.~i~i9:~~")":;, .....,... _~:':~ilJfi~Ifi>~e;
State Building Construction Account (SBCA) 75%
'j)1i.tch~\!jt~~~ ~d:~Zl:;';'}.~{r?:'~~fl~~l0'at;,}'~~frR:'~:"~.;..
Cash Match 25%
Interloca1 Costs
0%
$56,355
;:~~~#QUirt '
$18,785
$0
PHASE TWO
Maximum Eligible Cost: $76,749
~j4;3'!ti[~~j;';;~~t~:~~i~!~^ff'lii~~f%iIK~r~Ir1k'$!tl:{~~?j3ili~~\~~~)~~~~6i~lr~r'
,t'!?o:"-":"~
Stale Building Construction Account (SBCA) 75% $57,562
;~~\}i~t.~Yi~;r:C~~I~~t~f1~~~11t:i~i.h~!t\(~~[i;!ti;~~~"~mji~~ld~~iI;
Cash Match 25% $19,187
Interlocal Costs 0 % $ 0
B. BUDGET
TASK
a -'0-:$ 'l'd~t :Eiiff1itentefit '.'
,a~ ,. J ':. Q.l, _ ,~.: ]:__It - /)-':':, :~",,:;~~-tx;:.";~_:'::X~
I. Solid Waste Enforcement
TOTAL~:~~1tJ.j:€9~'i~'
=~e~..
:,~,:':<:tr~:t~A~ . .
$ 75,140
'.. ". MaiintiUlt tl;J~bleCost
l'JJii~li.z:(QltllJiliis5ii8i>rtfu;
" . '. '. .....~\J\jifdiil*l'laJft
'$.76,149
$ 76,749
CO'_ .-'-' _~~-
'"<-.-;,: '
.~ .,;-:
:'i:~~$'~(.,i-~.
o ~'.~~<;;:_;;-"_' "';",:-.'_~C.~'Z';:/': '-.' ~,-".
$ 16,14.rJc"
"~'T; 'e-"c,' ,:'--o'~ ,:~",:,' ;', -.-
Page 5 of 17
Grant No. G 1000406 I
Jefferson County Public Health
PART 3: BUDGET CONDmONS
A. The RECIPIENT is required to provide a match of25% of the maximum eligible cost with cash or
interlocal costs. Interloca1 costs are the only type of in-kind contributions that may be used as match.
B. Any work performed or costs incurred prior to the effective date or after the expiration date of
this agreement will be at the sole expense of the RECIPIENT.
C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent on
tasks outlined in this agreement Salaries and benefits to administer the grant agreement are eligible
(excluding time spent to write a grant application).
D. To increase or decrease the budget as outlined in this grant agreement, or change the scope of work
for any project outlined in this grant agreement, ECOLOGY requires a formal amendment. The
RECIPIENT must complete and submit a formal amendment using the Formal Amendment Request
form (ECY 070-113).
E. Payments to the RECIPIENT from ECOLOGY shall be made payable to Jefferson County Public
Health (address on first page of this agreement).
F. If parties other than the RECIPIENT are contributing to the local share of task costs, memoranda of
understanding or other ynitten agreements confrrming the contribution shall be negotiated. These
agreements shall specifY the exact work to be accomplished and be signed by all parties contributing
to the local match of this task. Copies of these agreements shall be made part of the RECIPIENT'S
grant file and submitted to ECOLOGY.
G. Spending Plans: Approved costs must be consistent with the most recently approved Spending Plan.
The RECIPIENT must submit a revised Spending Plan to ECOLOGY in order to change the amount
of funds spent by quarter. ECOLOGY'S grant officer will approve, by date stamp and signature, the
revised Spending Plan. If quarterly spending exceeds the amount outlined on the approved spending
plan, ECOLOGY reserves the right to hold payment of the overage depending on the availability of
funds. Revised and approved Spending Plans are incorporated into this agreement by reference.
PART 4: SPECIAL TERMS AND CONDmONS
A. BILLING AND REPORTING
I. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a payment
request to ECOLOGY at least quarterly (by calendar year), but no more often than once per
month.
2. The RECIPIENT shall submit a progress report with each payment request but no less often than
quarterly. These reports shall include activities that support incurred costs shown on the C I or
C2 of the payment request, and must be submitted on-line through the Solid Waste Information
Clearinghouse.
3. The RECIPIENT must provide to ECOLOGY an up-to-date Spending Plan throughout the grant
period. An updated Spending Plan must be submitted when changes occur that impact quarterly
spending and / or quarterly reimbursement amounts.
4. The RECIPIENT must submit payment requests on approved State Invoice Voucher forms: AI9-
lA (ECY 060-02), Form BI (ECY 060-3) or Form B2 (ECY 060-7), Form CI (ECY 060-8) or
Form C2 (ECY 060-9). These forms are acceptable in electronic format. The RECIPIENT must
also include all backup documentation to support items listed on Form CI/C2. The budget is
organized by task and therefore, the RECIPIENT shall itemize costs by task on Form CI/C2 and
summarize costs by task on Form BI!B2. Forms BI and CI are used only when interlocal costs
are used towards the 25% match.
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Grant No. G1 000406 i.
Jefferson County Public Health
5. For all Planning and Implementation tasks and special tasks in a solid waste enforcement grant
(special tasks do not include regular solid waste enforcement work such as enforcing solid waste
codes) the RECIPIENT must submit a Final Performance Analysis (FPA) report on-line through
the Solid Waste Information Clearinghouse. The final report must be submitted before
ECOLOGY can process a final payment request. The final payment request and the FP A are due
no later than February 14,2012 for this grant or 45 days after the grant budget is spent,
whichever comes first.
6. For Solid Waste Enforcement tasks, recipients must submit their final quarterly solid waSte
enforcement progress report on-line through the Solid Waste Information Clearinghouse no later
than February 14,2012. Ecology will generate a summary Final Solid Waste Enforcement
report from all the quarterly reports that will serve as the final report needed to close out the
agreement.
7. Progress Report (jor both planning and implementation and solid waste enforcement tasks) and
Final Performance Analysis (FPA) can be found on the Grant Details page of the Solid Waste
Information Clearinghouse once the RECIPIENT has logged on as a Registered User. For
instructions on how to become a Registered User, please visit the Coordinated Prevention Grant
website at http://www.ecv.wa.~ov/orograms/swfal~rants/cp~.html.
B. DOCUMENTATION
I. The RECIPIENT shall submit supporting documents for all costs incurred. Documentation shall
be provided in the order in which it is itemized on Form C1/C2. Supporting documentation is any
document deemed relevant by ECOLOGY to establish the appropriateness of an expense listed on
Form C1/C2. Please see Chapter 6 of the Program Guidelines for Coordinated Prevention Grants
2010-20 II Grant Cycle, and the Administrative Requirements for Recipients of Ecology Grants
and Loans - Yellow Book, Ecology Publication #91-18 (Revised September 2005) for guidance.
2. The RECIPIENT shall maintain grant related material and supporting documents in a common
file. This includes cancelled checks, invoices, purchase receipts, payroll records, time and
attendance records, contract award documents, and invoice vouchers sent to ECOLOGY. The
Recipient shall keep all supporting documents for audit purposes for at least three years after
agreement expiration.
3. The RECIPlENT shall use the ECOLOGY provided Form E, or an equivalent time accounting
document approved by ECOLOGY, to record staffhours being charged to the grant.
4. ECOLOGY may request additional documentation if needed to determine if a cost will be
allowed.
5. Supporting documents shall be clear and legible, and organized by task in the order it was
itemized on Form ClIC2 by the RECIPIENT.
C. OTHER SPECIAL TERMS
1. SOLID AND HAZARDOUS WASTE MANAGEMENT PLANS
Tasks must support implementation of the RECIPIENT's local solid and hazardous waste
management plans.
For tasks related to updating a local solid and hazardous waste management plan, the
RECIPIENT agrees to incorporate the intent of the Washington State Hazardous Waste
Management Plan and Solid Waste Management Plan (Beyond Waste Plan) into the local
preliminary draft plan prior to submittal to Ecology for review. The Beyond Waste plan is a 30-
year plan with a clear vision to eliminate wastes and toxics whenever we can and use the
remaining wastes as resources. The recipient agrees to include in their plan update,
Page7of17
Grant No. G I 000406
Jefferson County Public Health
(
recommendations that address at least one of the following elements from the Beyond Waste
Plan: moderate risk waste, organics management or green building.
2. SOLID WASTE ENFORCEMENT
Solid Waste Enforcement money can only be spent on tasks that focus' on enforcement of rules
and regulations, and shall be used exclusively for expenses necessary to enforce applicable
regulations pursuant to Chapters 70.95220 RCW, WAC 173-350,35 I and 304.
For tasks related to inspection and permitting of solid waste facilities, those facilities must be in
compliance at the time a payment request is submitted. Compliance is defined at a minimum as
the RECIPIENT shall have issued a compliance schedule or have taken enforcement action to
obtain compliance.
The RECIPIENT must also submit copies of permits to Ecology within seven days of their
issuance. Once a permit is issued, Ecology has 30 days to review each permit. Complete permit
applications must be submitted to Ecology, allowing 45 days for Ecology to review and
recommend for or against the issuance of a permit. The RECIPIENT must submit copies of
reports for inspections conducted in the billing period with each paynient request.
3. ON-LINE CONTRACTS AND GRANTS MANAGEMENT
Washington State's Office of Financial Management is developing an on-line contracts and grants
management system. When the system becomes available, all new or active contracts and grant
agreements must be managed in this system. The RECIPIENT agrees to register in the state
vendor registration program and to use the on-line system.
4. TRAINING
The RECIPIENT agrees to participate in any ECOLOGY recommended trainings related to
managing agreements and preparing, processing, and receiving payments.
5. MINORITY AND WOMEN'S BUSINESS PARTICIPATION
The RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-
owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the
effective date of this agreement
Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE
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.
f) The RECIPIENT should report payments made to qualified firms to ECOLOGY at the time
of submitting each invoice. Please include the following information on the ECOLOGY
provided form (Form D).
Page 8 of 17
Grant No. Gl000406
Jefferson County Public Health
I) Name and state OMWBE certification number (if available) of any qualified firm
receiving funds under the invoice, including any sub-and/or sub-subcontractors.
2) The total dollar amount paid to qualified firms under this invoice.
6. PROCUREMENT AND CONTRACTS
a) The RECIPIENT shall provide written certification that it will follow its standard
procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS
with no formal procurement procedures must certiJy that they have complied with the
"Standards for Competitive Solicitation," found in Part V of the Administrative Requirements
for Recipients of Ecology Grants and Loans - Yellow Book, Ecology Publication #9 I -18
(Revised September 2005).
b) Upon issuance, the RECIPIENT shall submit a copy of all requests for qualifications (RFQs),
requests for proposals (RFPs), and bid documents relating to this grant agreement to
ECOLOGY'S grant officer.
c) Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy of
the draft proposed contract to the ECOLOGY'S grant officer for review and approval.
Following the contract execution, the RECIPIENT shall submit a copy of the final contract to
your ECOLOGY assigned grant officer.
d) Unless a specific purchase of equipment or real property is already written into the grant
agreement, the RECIPIENT must submit a written request to the DEPARTMENT to purchase
any equipment or real property (Property) with a single unit purchase price of $5,000 or
more. The request shall include the justification for the purchase of the property, the total
cost, the intended use, and the anticipated useful life of the property. The request must be
approved in writing by the DEPARTMENT prior to the purchase.
7. USE OF EXISTING CONTRACTS
The RECIPIENT may use existing contracts that conform to adopted procurement procedures and
applicable state laws. The RECIPIENT shall notiJy ECOLOGY if it used contracts entered into
prior to the execution of the grant agreement for performance of grant-funded activities. The
RECIPIENT shall submit a copy of the contract to its assigned ECOLOGY grant officer. The
grant eligibility of products or services secured by the RECIPIENT under existing contracts used
to perform the scope of work in this agreement must be deemed allowable and reasonable by
ECOLOGY prior to cost reimbursement.
8. PROPERTY AND EOUIPMENT MANAGEMENT AND DISPOSITION
The RECIPIENT must develop an inventory control system, including physical inventory to
document the ongoing ose, a serial or vehicle identification number (VIN) and location of the
equipment. The inventory shall be submitted to the DEPARTMENT annually while the
equipment is in use. The RECIPIENT shall investigate, document, and report to the ECOLOGY
any loss, theft or damage upon discovery of such conditions. The RECIPIENT will follow
manufacturer recommended maintenance procedures to keep the property in good operating
condition.
The RECIPIENT shall submit a written request to the ECOLOGY for any intent to change the use
of the equipment as outlined in this grant agreement, including uses past the expiration date of
this agreement. Disposition of the equipment shall be determined by the ECOLOGY and
documented in writing. A copy of the determination will be provided to the RECIPIENT upon
expiration of the grant agreement.
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Grant No. GI000406
Jefferson County Public Health
. ECOLOGY may authorize the RECIPIENT to:
o If the equipment is necessary for the continued operation of the project or other projects
administered through ECOLOGY, the grant officer may instruct the recipient to retain the
equipment with no further compensation to Ecology.
o If the project has no further significant use for the equipment, the grant officer may
instruct the recipient to retain or sell the equipment and pay Ecology an amount equal to
ECOLOGY's share of the current fair market value, sale proceeds or other price agreed
upon by the grant officer.
o The grant officer may instruct the recipient to transfer title to Ecology or to a third party
named by Ecology who is eligible under existing statutes.
9. TASK INCOME
Any income directly generated as a result of the activities funded by this grant shall be reported
as a credit against the expenses of that activity, as required by ECOLOGY'S Administrative
Requirements for Recipients of Ecology Grants and Loans. Ecology Publication #91-18 (Revised
September 2005).
10. ALL WRITINGS CONTAINED HEREIN
This agreement, including the "General Terms and Conditions," the latest approved Spending
Plan, Program Guidelines -Coordinated Prevention Grants 2010-201 I, and ECOLOGY'S
Administrative Requirements for Recipients of Ecology Grants and Loans. Ecology Publication
#91 - 18 (Revised September 2005), contain the entire understanding between the parties, and there
are no other understandings or representations except as those set forth or incorporated by
reference herein. No subsequent modification(s) or amendment(s} of this grant agreement shall
be of any force or effect unless in writing, signed by authorized representatives of the
RECIPIENT and ECOLOGY and made part of this agreement.
11. ARCHEOLOGICAL AND CULTURAL RESOURCES
The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to
the archeological or cultural resources. RECIPIENT shall immediately cease work and notify
ECOLOGY if any archeological or cultural resources are found while conducting work under this
agreement. In the event that historical or cultural artifacts are discovered at the project site, the
RECIPIENT shall also notify the state historic preservation officer at the Department of
Archaeology and Historic Preservation at (360) 586-3065. Applicability of the National Historic
Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter
27.53 RCW prior to conducting on-site activity with the potential to impact historic properties
(such as invasive sampling, dredging, or cleanup actions).
12. PRECEDENCE
In the event of inconsistency in this agreement, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b)
Scope of Work and most current approved Spending Plan; (c) Special Terms and Conditions; (d)
Coordinated Prevention Grant Program Guidelines (e) any terms incorporated herein by reference
including the Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology
Publication #91- I 8 (Revised September 2005); and (I) the General Terms and Conditions (SS-
010 Rev. 04/04).
Page 10 of 17
Grant No. G I 000406
Jefferson County Public Hcalth
Part 5: GENERAL TERMS AND CONDmONS
Pertaining to Grant and Loan Agreements of the Department of Ecology, SS-O I 0 Rev. 04/04
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has
been included in the agreement's final scope of work and budget.
B. SUBGRANTEElCONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
agreement, the state of Washington is named as an express third-party beneficiary of such
subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. RECIPIENT shall
retain copies of all bids received and contracts awarded, for inspection and use by the
DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by
the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
I. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regnlations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary
approvals and permits required by authorities having jurisdiction over the project, provide
assurance to the DEPARTMENT that all approvals and permits have been secured, and make
copies available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and
State laws, regnlations, 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. Ifthe agreement is federally-funded, the RECIPIENT shall report
to the DEPARTMENT the percent of grant/loan 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 fails to comply with such laws, the DEPARTMENT
shall have the right to immediately terminate this agreement for cause as provided in Section K.l,
herein.
Page 1 I ofl7
Grant No. GJ000406
Jefferson County Public Health
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 subcontract hereunder.
H. AUDITS AND INSPECTIONS
I. 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 grantlloan 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.
Engineering documentation and field inspection reports of all construction work accomplished
under this agreement shall be maintained by the RECIPIENT.
2. All grantIIoan 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 paymentlloan repayment or any dispute resolution hereunder. If any such audits
identifY discrepancies in the financial records, the RECIPIENT shall provide clarification andlor
make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made available
to the DEPARTMENT and to any authorized state, federal or local representative for inspection
at any time during the course of this agreement and for at least three years following grant/loan
termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local
Governments & Non Profit Organizations), including the compliance Supplement to OMB
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.
L 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 I through March 31, April I 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
I. 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
Page 12 of I?
Grant No. Gl000406
Jefferson County Public Health
project, or portion thereof, as set out in the Scope of Work wben completed by the RECIPIENT
and approved as satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable costs by major
elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in "Administrative Requirements for Recipients of Ecology Grants and Loans", part IV,
publisbed by the DEPARTMENT. A copy of this document shall be furnished to the
RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be
made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer
assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to
the 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 (IS) days
after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent
(10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies
withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described
herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such
payment is reasonable and approved according to this agreement and, as appropriate, upon
completion of an audit as specified under section J.6 herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the
DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded
to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or
other public entities, it shall not exceed the amount allowed under state law for state employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in
the Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory perfonnance by the RECIPIENT of all of its obligations under this agreement. In the
event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any
obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further
funds thereunder and/or terminate this agreement by giving written notice of termination.
A written notice of termination shall. be given at least five working days prior to the effective date
of termination. In that event, !III 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 property
and the RECIPIENT shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT
for damages sustained by the DEPARTMENT and/or the State of Washington because of any
Page 13 of 17
Grant No. G I 000406
Jefferson County Public Health
breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the
purpose of setoff until such time as the exact amount of damages due the 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. I above.
When this agreement crosses the RECIPIENTs fiscal year, the obligation of the RECIPIENT to
continue or complete the project described herein shall be contingent upon appropriation of funds
by the RECIPIENT's governing body; provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT
in accordance with Section 0 herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project
funded herein within four months after the effective date of this agreement, or by any date
mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the
right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent defau It. Waiver of a breach of
any provision of this agreement is not a waiver of any subsequent breach and will not be construed as
a modification of the terms of this agreement unless stated as such in writing by the authorized
representative of the DEPARTMENT.
M. PROPERTY RIGHTS
I. 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 royalty-free, nonexclusive and irrevocable license to reproduce,
publish, recover or otherwise use the material(s) or property and to authorize others to use the
same for federal, state or local government purposes.
Where federal funding is involved, the federal government may have a proprietary interest in
patent rights to any inventions that are developed by the RECIPIENT as provided in 35 V.S.C.
200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish
. information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs,
brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENTs current edition of "Administrative
Requirements for Recipients of 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 furnished by
the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the
contrary or upon specific instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the project, it shall be
returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property
Page 14 of 17
Grant No. G 1 000406
Jefferson County Public Health
(
is lost, 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 agreement, the RECIPIENT shall establish
that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence oftit1e or ability to acquire title for each
parcel prior to disbursement of funds provided by this agreement. Such evidence may
include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions
establishing that the land is free from any impediment, lien, or claim which would impair the
uses contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this agreement to uses other than those for which assistance was originally
approved without prior written approval of the DEPARTMENT. Such approval may be
conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale,
lease or other conversion or encumbrance which monies granted pursuant to this agreement bear
to the total acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to
implement sustainable practices where and when possible. These practices include use of clean
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 lU:CIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent
upon satisfactory performance of this agreement including the satisfactory completion of the project
described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform
obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole
discretion, be required to repay to the DEPARTMENT all 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.
Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT
demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to
insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies
which had been paid to the RECIPIENT prior to such termination. Any property acquired under this
agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the
RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of
such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
RECIPIENT shall be subject to the review and approval 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
Page 15 of17
Grant No. G I 000406
Jefferson County Public Health
work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided
for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising
under this agreement which is not disposed of in writing shall be decided by the Project Officer or
other designated official who shall provide a written statement of decision to the RECIPIENT. The
decision of the Project Officer or other designated official shall be final and conclusive unless, within
thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to
the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the
opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director
or duly authorized representative for the determination of such appeals shall be final and conclusive.
Appeals from the Director's 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 employee of either party to this agreement who exercises any function
or responsibility in the review, approval, or carrying out of this agreement, shall participate in any
decision which affects hislher personal interest or the interest of any corporation, partoership 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
I. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's
fees, and other costs related to the project described herein, except as provided in the Scope of
Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shall
indemnify and hold the other harmless from and against any liability for any or all injuries to
persons or property arising from the negligent act or omission of that party or that party's agents
or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference shall
be held invalid, such invalidity shall not affect the other provisions of this agreement which can be
given effect without the invalid provision, and to this end the provisions of this agreement are
declared to be severable.
Page 16 of 17
Grant No. G 1 000406
Jefferson County Public Health
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 Recipients of
Ecology Grants and Loans"; and (e) the General Terms and Conditions.
IN WITNESS WHEREOF, the parties sign this Agreement:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
~cuud1J.~
Laurie G. Davies
Program Manager
Waste 2 Resources Program
JEFFERSON
PUBLIC
6;j;6~()
Date
:;/(1/16
Date Authorized 0
OAf} I/) S UUlI/ 4-I<i
Print Name of Authorized Official
APPROVED AS TO FORM ONLY
Assistant Attorney General
();I~//J.. B/),4I2D #P t! aM /11 I S 'fi III N EIt:..S
Title
i.ppro'.'ed as to form only:
. ~ 8>))0
,FZBfBon Co. Prosecutor's
Page 17 of 17
PROCUREMENT CERTIFICATION FORM
Recipient: JEFFERSON COUNTY PUBLIC HEALTH
Grant Name: COORDINATED PREVENTION GRANT
Grant No.: G1000406
The undersigned, on behalf of the RECIPIENT, certifies that the RECIPIENT:
(RECIPIENT check and complete one of the following)
~
will follow RECIPIENTs own adopted procurement procedures and
applicable state law in procuring grant-related public works contracts,
professional and personal services contracts, and purchase agreements.
The procurement procedures were adopted 0L1 Nt:'.[ l'fq~ (date) by
~~c;,. c.",,,.u..t.<m.b>,o . (adopting authority) and are recorded
. ..-o.k ir'~~ {.blM"'b c.....~ (document name).
having no applicable, adopted procurement procedures, will follow the
Standards for Competitive Solicitation found in the Administrative
Reauirements for Ecolc,>av Grants and loans, WDOE 91-18 (Revised
October 2000) (AKA the ''Yellow Book"), and applicable state laws in
procuring grant-related public works contracts, professional and personal
services contracts, and purchase agreements.
tJ.2!/6//fJ
AUTHORIZED S NA URE DATE
{!ItIiIR, gMRD ~p &/nmls:sJ"A/eR5
flTLE ~
....~...... ... 2~1)6
LEGAL COUNSEL SI NATURE DATE
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