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HomeMy WebLinkAbout110711_ca06 Consent Agenda -:,ON i~~-"o~ JEFFERSON COUNTY PUBLIC HEALTH %..~",~ 615 Sheridan Street. Port Townsend. Washington. 98368 www.Jeffersoncountypubllchealth.org ......"be. 13, 2011 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST FROM: Board of County Commissioners Philip Morley, County Administrator Jean Baldwin, Director Michael Dawson, Water Quality Lead l-JoJern be-1' 1 I 20 I \ Agenda Item - Agency Agreement with Department of Ecology for Chlmacum Creek Clean Water Project, #G0700093, Amendment #2; October 20, 2006 - June 30, 2011; reduced by $35,738.99 total $322,099.01 TO: DATE: SUBJECT: STATEMENT OF ISSUE: Jefferson County Public Health, Water Quality Division, requests Board approval of the Agency Agreement with Department of Ecology for Chlmacum Creek Oean Water Project, #G0700093, Amendment #2; October 20, 2006 - June 30, 2011; reduced by $35,738.99 total $322,099.01 ANA,-YSIS/STRATEGIC GO~LS/PROS and CONS: The Chlmacum Creek Oean Water Project was completed by Jefferson County Public Health and Jefferson County Conservation DIstrIct In June 2011. This project focused on water quality monitoring, restoring riparian areas of Chlmacum Creek, assistIng farmers with best management practIces, and surveying the status of septic systems throughout the basin. The project team achieved Its goals and completed the work under budget and on time. This amendment Is for a deobllgatlon of funds not spent during the project fISCAL IMPACTLCOST BENEm ANALYSIS: This amendment reduces funds by $35,738.99 and closes out the Chlmacum creek Oean Water Project Grant #0700093. This was anticipated and reflects as such In the budget RE(:OM~ENDATION.:. JCPH management requests approval of the Agency Agreement with Department of Ecology for Chlmacum Creek Clean Water Project, #G0700093, Amendment #2; October 20, 2006 - June 30, 2011; reduced by $35,738.99 total $322,099.01 !Or:?0 Date COMMUNITY HEALTH DEVELOPMENTAL DISABILITIES MAIN: 360385-9400 FAX: 360385-9401 PUBLIC HEALTH ALWAYS WORl\ING FOR A SAFER AND HEALTHIER COMMUNITY ENVIRONMENTAL HEALTH WATER QUALI1Y MAIN: 360385-9444 FAX: 360379-4487 ~"!.............!1 -- DEPARTMENT OF ECOLOGY State of Washington AMENDMENT NO.2 (FINAL) TO GRANT AGREEMENT NO. G0700093 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND __... ..~ON.COUNTY PUBLIC HEAbm. PURPOSE: To amend the above-referenced grant agreement (AGREEMENT) between the state of Washington Department of Ecology (DEPARTMEN1) and Jefferson County Public Health (RECIPIENT) for the Cbimacum Creek Clean Water Project (pROJECn. This amendment is needed to adjust the budget to reflect the final eligible costs of the project and to close out the project IT IS MUTUALLY AGREED that the AGREEMENT is amended as folloW!!: 1. 2. ___~--o__. The total GRANT AD10unt will be reduced by $35,738.99 from $357,838.00 to $322,099.01. The PROJECT budget in the original AGREEMENT is no longer valid. The modified budget is as folloW!!: Elements (Objects & Tasks) Total Eligible PROJECT Cost Task I - Project AdministrationIManagement $54,964.30 Task2= W . . . ling-andAnalvsis ~ ... $160,728:00 - Task 3 - Pollution Identification and Correction $83,918.99 Task 4 - BMP Implementation $103,057.44 Task 5 - Public Outreach and Education $26,796.61 Total $429,465.34 FURTHER. this amendment will be effective October 20, 2006, the effective date of the original AGREEMENT. Jefferson County Public Health Chimacwn Creek Clean Water Project G0700093 Except as expressly provided by this amendment, all other terms and conditions of the original AGREEMENT and any amendments remain in full force and effect. IN WITNESS WHEREOF, the parties have signed this amendment. STATE OF WASHINGTON DEPARTMENT OF ECOLOGY JEFFERSON COUNTY PUBLIC HEALTH KELLY SUSEWlND,P,E.,P.G. - DATE WATER QUALITY PROGRAM MANAGER JOHN AUSTlN,CHAIR- ~ATE JEFFERSON BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM ONLY: ASSISTANT ATTORNEY GENERAL (Revised 05/05/09) Approved as ~ form only: 10) J9)2i> (J Page 2 of2 , i , AMENDMENTNO. 1 TO GRANT AGREEMENT NO. G0700093 BETWEEN TIIE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC HEALTH PURPOSE: To amend the above-referenced grant agreement between the Department of Ecology [DEPARTMENT] and Jefferson County Public Health [RECIPIENT] for the Cbimacum Creek Clean Water Project. This amendment i!, needed to: 1) extend the expiration date of the project and submittal of the :final project reports in order to collect an additional year of water quality monitoring data; 2) correct agreement text typographical errors. IT IS MUTUALLY AGREED that the grant agreement is amended as follows: 1. The project scope of work shall be modified as follows: a. The following shall be deleted: 1. Post Project.Asse$SIDent Date: December 31,2014. 2. Task 1.EA. - Submittal of final project completion report to the DEPARTMENT no later than Novernber 17,2010. 3. Task 2.C.3. - RECIPIENT will submit cleanup plan to DEPARTMENT for approval. Plan shall be submitted four months after signature of agreement. 4. Task 4.H.3. - Develop individual Farm Plans for approximately 100 farms for riparian restoration. b. The following shall be added: 1. Post Project Assessment Date: June 30, 2015. 2. Task l.EA. - Submittal of:final project completion report to the DEPARTMENT no later than May 15,2011. 3. Task 2.C.3. - RECIPIENT will submit cleanup plan to DEPARTMENT for approval. 4. Task 4.H.3. - Develop individual Farm Plans for approximately ten (10) farms for riparian restoration. 2. The grant expiration date is extended from December 31, 2010, to June 30, 2011. FURTIIER. this amendment shall be effective upon the date of signature by the Water Quality Program Manager of the DEPARTMENT. Except as expressly provided by this amendment, all other terms and conditions of the original grant agreement and all amendments thereto remain in full force and effect. ( Jefferson County Public Health Chimacum Creek Clean Water Project Page 2 IN WITNESS WHEREOF: the parties have executed this amendment STATE OF WASHINGTON DEPARTMENT OF ECOLOGY ~fLe-, DAVID C. PEELER DATE WATER QUALITY PROGRAM MANAGER 5hib APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL JEFFERSON COUNTY PUBLIC HEALTH ({JtI '.. ----... b D 7 P JO SON, CHAIR ~ ~ DATE JEFFERSON COUNTY BOARD OF COMMISSIONERS ~E' J'IDfY]EN I Approved as to form only: ~ 4)J3)01 c ( CENTENNIAL CLEAN WATER FUND GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC HEALTH THIS is a binding agreement entered into, by, and.between the state ofWasbington DepartInent of Ecology, hereinafter referred to as the "DEPARTMENT", aI;Ld Jefferson Coilnty Public Health, hereinafter referred to as the "RECIPIENT." The purpose of this agreement is to provide funds to the RECIPIENT to Carry out the requirements described herein. PART L G:ENERAL INFORMATION Project Title: Chimaeum Creek Clean Water Project Grant Number: . G0700093 RECIPIENT Name: Mailing Address: Street Address: Jefferson County Public Health 615 Sheridan Street Port Townsend, W A 98368 RECIPIENT Contact: Telephone Number: Fax Number: E-Mail Address: Mike McNickle (360) 385:-9444 (360) 385-9401 mmcnickle@co.iefferson.wa.us RECIPIENT Billing Contact: Telephone Number: Fax Number: E-Mail Address: Susan Parke (360) 385-9444 (360) 385-9401 suarke@co.iefferson.wa.us RECIPIENT Federal ill Number: 91-6001322 Mailing Address: Street Address: Telephone Number: Fax Number: E-Mail Address: Tammy Riddell Water Quality Program PO Box 47775 Olympia, WA 98504-7775 (360) 407-6295 (360) 407-6305 trid461lalecv.wa.l!OV DEPARTMENT Project Manager: Cbimacum Creek Clean vJ...~r Project Jefferson County Public Health Grant No. G0700093 DEPARTMENT Financial Manager: Mailing Address: Telephone Number: Fax Number: E-Mail Address: Patricia Brommer Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, W A 9850~ 7600 (360) 407-6216 (360) 407-7151 pbroecy.wa.gov DEPARTMENT Funding Source: Centennial Clean Water Fund Total Cost: Total Eligible Cost: $477,117.00 $477,117.00 DEPARTMENT Share: RECIPIENT Share: $357,838.00 $119,279.00 DEPARTMENT Maximum Percentage: 75 percent The effective date of this grant agreement shall be the date this agreement is signed by the DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective . date of this agreement will be at the sole expense and risk of the RECIPIENT. This agreement shall expire no later than December 31, 2010. PART ll. POST PROJECT ASSESSMENT A. The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the statns of eventual environmental results or goals from the project. The DEPARTMENT's Performance Measures Lead will e-mail the RECIPIENT the Post Project Assessment Survey approximately sixty (60) days prior to the Post Project Assessment Date. This date will generally be three (3) to five (5) years after the agreement expires. An example of the Post Project Assessment Survey is included as Attachment. 1. This form is to be completed by the RECIPIENT and sent as an e-mail attachment to the DEPARTMENT's Project Manager and the DEPARTMENT's Water Quality Program Performance Measures Lead. The DEPARTMENT may conduct on-site interviews and inspections, and may otherwise evaluate the Project. The DEPARTMENT will enter the information provided into its performance measores database to be provided to the Washington State Legislature, Page 2 of 17 Chimacum Creek Clean J'....~r Project Jefferson County Public Health Grant No. 00700093 (- United 8tates Environmental Protection Agency, and other natural resource agencies. The Performance Measures Lead will be available as needed during negotiations, throughout the project, lind in the post project assessment period as a resource. Post Project Assessment Date: December 31, 2014 B. Water Qua1ity Goal(s): Designated beneficial uses in Cbimacum Creek will be protected from pollutants, which will in turn prevent further degradation of the creek and its tributaries. C. Water Quality Project Outcomes: 1. Failing on-site sewage systems in the Chimacmn Creek basin identified and repaired. 2. Farm plans developed and DEP AR'IMENT approved best m~n~gement practices (BMPs) implemented on high-priority farms. 3. Landowners and residents in the Chimacum Creek basin working as water quality stewards to maintain water quality improvements. 4. Approximately 250 sanitary surveys conducted by December 2009. 5. Cleanup plan developed and approved by the DEPAR'IMENT. 6. Invasive vegetation removed along 2 miles of waterway by 2009. PART ID. PROJECT DESCRIPTION The RECIPIENT will work to eliminate fecal'coliform bacteria entering Cbimacum Creek from adjacent on-site sewage systems (088s), conduct sanitary surveys of all homes within 500 feet of Chimacum Creek and its tributaries, and work with willing land owners throughout the Cbimacmn Creek basin to implement best management practices (BMPs) to address bacterial pollution related to poor management of agriculture wastes. These BMPs may include riparian restoration, weed removal, weed control, stream fencing, stream bank revegetation, and possibly any other allowable BMPs determined to be necessary. Page 3 of 17 Chimacum Creek Clean W~~r Project ( Jefferson County Public Health Grant No. G0700093 PART IV. PROJECT BUDGET Cbimacum Creek Clean Water Project ELEMENTS TOTAL ELIGmLE COST (TEe) Task 1 - Project AdministrationIManagement $45,890.00 Task 2 - Water Quality Sampling and Analysis $147,550.00 Task 3 - Pollution Identification and Correction $99,030.00 Task 4 - BMP Implementation $113,617.00 Task 5 - Public Outreach and Education $71,030.00 Total: $477,117.00" * The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost, I MATCHING REQUIREMENTS I DEPARTMENT Share FY 07 (75% ofTEC) $357,838.00 RECIPIENT Share (25% ofTEC) $119,279.00 Payment Reauest Submittals. RECIPIENT must submit payment requeSt at least quarterly, but no more often than monthly, unless allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to subinit regular payment requests to ensure efficient and timely nse of funds. RECIPIENT is to report all eligible costs incurred on the proj ect, regardless of the source of funding for those costs. This includes costs used as match. Payment Schedule. Payments will be made on a cost-reimbursable basis. Page 4 of 17 ( . Chimacmn Creek Clean W...~r Project Jefferson County Public Health Grant No. 00700093 PART V. SCOPE OF WORK The RECIPIENT shall ensure that this project is completed according to the details of this agreement The RECIPIENT may elect to use its own forces or it may contract for professional services necessary to perform and complete project related work. The RECIPIENT certifies by signing this agreement that all.applicable requirements have been satisfied in the procurement of any professional services. Eligible and ineligible project costs are separate and identifiable for billing purposes. The RECIPIENT shall submit a copy of the final negotiated agreement(s) to the DEPARTMENT's Financial Manager. The RECIPIENT further certifies by signing this agreement that if interlocal costs are allowed, all negotiated interlocal agreements necessary for the project are or will be consistent with the terms.ofthis grant agreement" the DEPARTMENT's current edition of Administrative ReQuirements for Ecology Grimts and Loans (see Attachment 2 for applicable docUment reference) and Chapter 39.34 RCW Interlocal Cooperation Act The RECIPIENT shall submit a copy of each interlocal agreement necessary for this project to the DEPARTMENT's Financial Manager. Property and services donated by organi7>1tions or individuals to accomplish grant requirements may be used if in-kind match is specified in the project budget Donated property and services must comply with the DEPARTMENT's current edition of Administrative Requirements for Ecology Grants and Loans (see Attachment 2 for applicable document reference), the Funding Guidelines Volume One (see Attachment 2 for applicable document reference), and the Funding Guidelines Volume Two Statutes and Regulations (see Attachment 2 for applicable document reftrence). Documentation will be required for all donated property and services. Task 1 - Proiect AdministrationIManal!:ement A. The RECIPIENT shall anminister the project. Responsibilities shall include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contrac,ting, and interlocal agreement requirements; attaimnent of all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT shall manage the project. Efforts shall include conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective co=unication with the RECIPIENTs designees, the DEPARTMENT, all affected local, state, or federal jurisdictions, and/or any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement Page 5 of 17 Chimacum Creek Clean vS:r Project Jefferson County Public Health Grant No. 00700093 (- C. The RECIPIENT shall subniit all invoiceyoucher submittals and supportive documentation, to theDEP AR'TMENT's.Financial Manager. Invoice voucher submittals shalllnc1ude a State ofWasbington Invoice Voucher Form A19-1A. Form B2 (ECY 060- .7), Form C2 (ECY 060-9), Form D (ECY 060-11), Form G (ECY060-14), Form E (ECY 060-12), Form F (ECY 060"13), Form H (F-21), and Form I (ECY 060-15) must be completed where eligible costs have been incurred. Copies of all applicable forms shall be included with an original A19-1A, and shall be submitted the DEPARTMENT. Blank forms are found in Arlm;n;sb.l11ive Requirements for Ecolol!V Grants and Loans (see Attachment 2for applicable document reference). D. The RECIPIENT shall submit to the DEPARTMENT's Project Manager the following documents and in the quantities identified: . Draft project completion reports -one copy . Final project completion reports - five copies . Electronic copy of final project completion report The final project completion report shall contain deliverables (milestones) from each task, a snmmarypage stating the items completed in each task, and a table of contents. The final completion report shall be due 45 days prior to the expiration date. The RECIPIENT shall submit two copies of any document(s) which reqnire . DEPARTMENT 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. E. Required Performance: 1. Effective adrninistrationand management of this grant project. 2. Maintenance of all project records. 3. Submittal of all required performance items, progress reports, financial vouchers, and maintenance ofallproject records. 4. Submittal of final project completion report to the DEPARTMENT no later than November 17, 2010. Page 6 of 17 Chimacum Creek Clean J...~r Project Jefferson County Public Health Grant No. G0700093 Task 2 Water Ouality SamDIinl! and Analvsis A. Prior to initiating water quality monitoring activities, the RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) in accordance with the DEPAR1MENT's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies (see Attachment 2 for applicable document reference). The RECIPIENT may also reference Technical Guidance for Assessing the Quality of Aquatic Environments, February 1994 (Ecology Publication No. 91-78, available on the DEPARTMENT's Publications website at http://www.ecy.wa.govlbiblio/9178.html), in developing the QAPP. The QAPP shall include detailed information on the water quality mouitoring approach and laboratory protocols, including types of data and samples to be collected, sample location, sampling frequency, sampling procedmes, analytical methods, quality control procedme$, data handling protocols, and data assessment procedures. Any discussion of the monitoring approach must also include an explanation of how the project will yield sufficient information to achieve the purpose and intent of monitoring. A discussion of data accuracy and statistical requirements will be included. The QAPP shall be submitted to the DEPARTMENT for review, comment, and approval PRIOR to commencing environmental monitoring activities. Water samples requiring bench testing shall be analyzed by an environmental laboratory accredited by the DEPARTMENT. A list of DEPARTMENT accredit~ laboratories and information on laboratory accreditation is provided on the Environmental Assessment Program website, currently available at: htto://www.ecv.wa.gov/programs/eapllabsllabs main.html All monitoring data collected or acquired under this agreement shall be managed in order to be available to secondary users and meet a ten-- (10) year rule. The ten-year rule means that data documentatio;n 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 measmes taken, ten years after the data are collected. To assist in this effort, the DEP AR1MENT has created a database and data format for environmental data. The RECIPIENT shall submit all monitoring data to the DEPARTMENT consistent with the DEPARTMENT's Environmental Information Management System (ElM) format. Data shall be submitted by following instructions on the EIM website, currently available at: htq>://www.ecy.wagov/eirn Page 7 of17 Chimacum Creek Clean vJ ".~r Project Jefferson County Public Health Grant No. G07oo093 ( The data submittal portion of the EIM website provides information and help on formats and requirements for submitting tabular data. Specific questions about data submittal can be directed to the EIM Data Coordinator, currently available at: eim data coordinator@ecv.waf!ov If the RECIPIENT chooses to nse Geographic Information System (GIS) data, the DEPARTMENT encourages that its data standards be followed. The DEPARTMENT's Guidelines for Creating and Accessing GIS Data under Ecology Grant and Loan Programs are currently available at: htto:/ /www.ecy.wagov/services/cis/datalstandards.htm B. The RECIPIENT will prepare a plan for restoring Chimacum Creek to water quality standards for temperature and fecal coliform bacteria The plan will be submitted to the DEPARTMENT for approval. C. Required Performance: 1. Submit a draft QAPP to the DEPARTMENT for review and approval. 2. Submit all monitoring data to the DEPARTMENT consistent with the DEPARTMENT's EIM format. 3. RECIPIENT will submit cleanup plan to DEPARTMENT for approval. Plan shall be subinitted four months after signature of agreement. Task 3 - pollution Identification and Correction A. The RECIPIENT will conduct Ii farm andit to identify high-priority farms throughout the Chimacum Creek watershed. Priority will be determined on farms identified as contributing sources offecal coliform pollution. B. The RECIPIENT will conduct stream audits in low-flow areas to determine the best course of action thl!1 will address low flows and invasive plants that are cansing blockages and high temperatures in the stream corridor. Using information from the audits, the RECIPIENT will develop a plan to implement BMPs that address low flows, high temperatures and invasive plants that are interfering with salmon rearing and spawning throughout Chimacum Creek. The plan will be used as a template for future water quality projects in Jefferson County. Page 8 of17 Chimacum Creek Clean vJ~_r Project Jefferson County Public Health Gnmt No. G0700093 C. The RECIPIENT will conduct samtaIy surveys of on-site septic systems within 500 feet of Chimacum Creek and its tributaries. The RECIPIENT will conduct sanitaIy surveys according to the pollution Identification and Correction protocol adopted for similar projects in Jefferson County. Septic systems found to be faifu!.g will be required to be repaired by owner within six months. D. Required Performance: 1. During the first year of the project, the RECIPIENT will conduct farm and stream audits in the project area. 2. The RECIPIENT will report findings to the DEP ARlMENT. 3. Prepare and submit a plan to the DEP ARlMENT outlining a drainage-wide plan to implement BMPs to address low flow, high temperature and invasive, plant infested cOrridors of Cbimacum Creek. ' 4. Conduct sanitary surveys on the approximately 250 on-site gytems in the project area. Task 4 - Best Management Practices ImDlementation A. The RECIPIENT will coordinate with the Jefferson County Conservation District (Conservation District) to develop a drainage-wide conservation plan that addresses agricultural waste and run-off identified on farms through the farm audit phase of the project. The RECIPIENT working in conjunction with the Conservation District will develop a template to prepare farm plans for each farm found to be contributing fecal coliform pollution during the pollution identification and correction phase of the project. B. The RECIPIENT will implement BMPs on each property based on a priority list that ranks properties according to water quality impacts. The RECIPIENT will implement DEPARTMENT approved BMPs detailed in each respective farm plan. C. T ecbnical assistance for eligible water quality related agriculture activities provided under the terms oftbis grant shall be consistent with current u.S. Natural Resources Conservation Service (NRCS) standards and/or Technical Guide. However, technical assistance, proposed practices, or project designs that do not meet these standards may be accepted if approved in writing by the NRCS and the DEPARTMENT. D. All best management practices (BMPs) will be implemented according to NRCS Standards and Specifications. E. The RECIPIENT will gather and train approximately 100 students and community mem1X:rs on how to plant, water, and weed trees in the project area Page 9 of17 Chimacum Creek Clean ~ ",.vr Project Jefferson County Public Health Grant No. G0700093 ( F. The RECIPIENT shall remove non-native, invasive plant species such as Himalayan blackberry, Reed-caniny grass, and Japanese knotweed from the project area The RECIPIENT will continue to mollitor and eradicate invasive species for an additional three years after the completion of the specific grant project period. G. If the RECIPIENT wishes to design a buffer not consistent with requirements below, the RECIPIENT shall submit a plan to the DEP ARlMENT for approval and a written explanation as to why the following requirements cannot be met. In addition to these specific requirements, all restoration activities must be consistent with the Stream Habitat Restoration Guidelines (see.Attachment 2for applicable document reference): 1) Riparian Buffers: a. For agricultural areas, minimum buffer size for streams shall be an average width of 35 feet (on both sides of the stream). For those streams which provide habitat for endangered or threatened aquatic species, the minimum buffer size shall be an average of 50 feet. For all such streams, it is . recommended that the RECIPIENT use Washington Department ofFish and Wildlife buffer widths found in the Final Joint WashiIlPton DtWartment ofFish and Wildlife/Tribal Wild Salmonid Policy. When buffers are to be created in forested areas, buffer width must also be consistent with Forest Practices Rules. b. The RECIPIENT shall obtain a conservation easement or a landowner agreement signed by the landowner prior to the establishment of a riparian buffer on private property. The conservation easement shall be consistent with Fundinl! Guidelines Volume One (see Attachment 2 for applicable document reference). The easement or a landowner agreement mnst be effective for a minimum often- (10) years unless otherwise authorized by the DEPARTMENT. c. The RECIPIENT must develop a written and signed three- (3) year maintenance plan prior to establishing all riparian buffers. This plan shall detail responsibilities for both the landowner and the RECIPIENT and must include details concerning, but not limited to, watering plants, replacing dead plants, controlling noxions weeds, and repairing and maintaining buffer fencing. d. Buffers established as part of this grant may not violate county Critical Area Ordinances, county Shoreline Rules, and/or other state and local regulations. Page 10 of 17 Cbimacum Creek Clean "'u..;r Project Jefferson County Public Health Grant No. G0700093 2) Riparian Plantings: a. The RECIPIENT shall develop plans for all riparian buffers, prior to establishment, which include plant locations and species. The plan shall be based on an assessment of native plant associations and community types. b. The RECIPIENT shall only plant species which may be shown to be riparian in nature and indigenous to the primary watershed where the buffer is being established (ask the question, "Would this plant historically have occurred at this site?"). c. The RECIPIENT shall, to the greatest extent possible, use genetically appropriate plant materials collected from the primary or secQndary watershed where the buffer is to be established. d. The RECIPIENT shall, to the greatest extent possible, utilize plant species which are early successional within the primary watershed. Early successional species are those whose characteristics are such that they are first to colonize after a disturbance. 3) Streambank Protection: a. Streambank protection projects must not stand alone, but be part of a larger riparian buffer project. The project must include the buffer and planting requirements listed above. b. Rock should not be used to armor a bank against the erosive forces of a stream or river unless a bridge, road, or other man-made structure cannot be protected by any other means. In any situation where rock is to be used, the RECIPIENT must submit the design to the DEPARTMENT for review and approval, c. Streambank protection designs must be consistent with the Aquatic Habitat Guidelines Integrated Streambank Protection document provided by the Department of Ecology upon request or found at the following website: http://www.wa.~ov/wdfwlhab/ahg/strmbank.htrn 4) Livestock Watering: a. If the RECIPIENT proposes to convey water from a stream or river to a stock tank, the project must be consistent with the Policv for Conveying Stockwater Awav From Streams to Protect Water Oualitv (Water Resources Program Policy POL-I 025). This policy allows small amounts Page 11 of 17 Cbimacum Creek Clean '",..;r Project Jefferson County Public Health Grant No. 00700093 of water consistent with historic practice to be diverted to stockwater tanks for consumption by livestock. b. Off-stream watering systems shall be the priority above designs that include water gaps in fencing for livestock access. If the RECIPIENT wishes to design water gaps, a plan must be submitted to the DEPARTMENT which details the design and a description of why off- stream gystems cannot be utilized ~ well as detailing how potential impacts to water quality resulting from water gaps will be m;nim;zed.. H. Required Performance: 1. Develop a drainage-wide conservation plan. 2. Develop a template for farm plans. 3. Develop individual FlUID Plans for approximately 100 farms for riparian restoration. 4. Glither and train 100 students and community members to plant, water, and weed 1,000 trees per year by May 2009. 5. Acquire at least 3,000 trees for rearing in three Chimacum Valley volunteer nurseries by May 2009. 6. Prepare and plant 2,000 feet of stream bank for planting by May 2009. 7. Plant, water, and control weed competition of 500 new riparian trees per year. 8. Remove invasive vegetation along two miles of waterway by 2009. Task 5 Public Outreach and Education A. The RECIPIENT will hold two informational meetings to introduce the project to residents in the project area The RECIPIENT will conduct these meetings in the northern and southern parts of the project area to as~ure proper public notification about the project. B. The RECIPIENT will develop and distribute a quarterly newsletter to the residents in the project area The newsletter will discuss project results, BMPs, water conservation tips and other key issues specific to the proj ect area C. The RECIPIENT will hold four educational workshops throughout the project area to discuss proper operation and maintenance of on-site septic systems with homeowners and other interested parties. The recipient will develop brochures and handouts to provide to homeowners. These materials will describe the BMPs specific to each homeowner's on- site septic system. Page 12 of17 Chimacum Creek Clean vS.......,r Project Jefferson Cormty Public Health Grant No. 00700093 ( D. The RECIPIENT will develop a door hanger to notify homeowners about these educational workshops well in advance of the workshops to help incrjlllSe attendance. The RECIPIENT will also coordinate with project partners to advertise workshops on their web sites. E. The RECIPIENT shall provide the DEPARTMENT with two copies of any tangible educational products developed =der this grant, such as brochures, manuals, pamphlets, videos, aUdio tapes, CDs, curriculum, posters, media annormcements or gadgets, such as a refrigerator magnet with a message. The RECIPIENT shall also supply the DEPARTMENT with the names and contact infoonation ofIocal project leads, and a computer file copy of an education product either on floppy disks or CD-ROM. If this is impractical, as in the case of a sign, display, website, workshop, or educational program, the RECIPIENT shall provide a complete description including photographs or printouts. This includes. te~hnical assistance tools if they are disseminated toa group. F. Required Performance: 1. Conduct two informational meetings in the northern and southern parts of the project area to introduce the project to residents. 2. Develop and distribute newsletter quarterly to residents in project area regarding Chimacum Creek Clean vJ,...;r Project Jefferson County Public Health Grant No. G0700093 I PART VI. SPECIAL TERMS AND CONDIDONS A. Cash Match Requirement. The RECIPIENT share for this project must be entirely in the form of expenditures or interloca1 contributions. In-kind contributions cannot be used to satisfy RECIPIENT grant matching requirements. B. Commencement of Work. In accordance with WAC l73-95A-080, the Deparlment reserves the right to terminate this agreement if the RECIPIENT does not commence wor,k on the project funded herein within sixteen (16) months of the date of the FY07 Final Offer and Applicant List (dated July 1,2006). Based on this list date, work must begin by November 1, 2007. C. DEP ARTM.EN1:' Funding Recognition. . The RECIPIENT shall acknowledge and inform the public about DEPARTMENT fimding participation in this project through the use of project signs and/or acknowledgement in published materials and reports, the news media, or other public announ=ents. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from the DEPARTMENT upon request. D. Equipment Purchase. The following equipment shall be eligible for purchase through this project: Laptop Computer; Computer Monitor; Projector; Hobo.Water Temperature Probes (40) and Base Station; Swoffer Flow Meter; YSI Water Analyzer; Rebar; Wire; Reagents and Supplies; Dye-tracing supplies; Disposable gloves; and Field Equipment, such as rain-gear and rubber boots. The total cost of all equipment purchased under this project shall not exceed $18,000. The type of equipment the RECIPIENT may purchase is limited to items listed above. Changes to equipment type must also have prior approval from the DEPARTMENT's Project Manager. At project completion all purchased equipment or acquired property shall be retained by the RECIPIENT for continuing the water quality objectives for which the equipment was purchased. E. Indirect Rate. To acknowledge overhead costs, the RECIPIENT may charge an indirect rate ofup to 25 percent based on RECIPIENT employee's direct salary and benefit costs incurred while conducting project related work provided that prior to signature of this agreement, the DEPARTMENT's Financial Manager may require a list of items included in the indirect rate during negotiations or thereafter. Items that are generally included in an indirect rate are identified in Administrative Requirements for Ecology Grants and Loans (see Attachment 2 for applicable document reference). F. Meetin!!S/Lililit Refreshments. The RECIPIENT may spend up to $20 per meeting for light refreshments associated with this project. The total amount spent for light refreshments under this agreement cannot exceed $100. Page 14 of 17 Cbimacum Creek Clean vL...;r Project Jefferson County Public Health Grant No. G0700093 G. Minoritv and Women's Business Participation. The Office of Minority and Women Owen Business Enterprises (OMWBE) has established voluntary goals for the participation of minority- and women-owned business in procurements made with DEPARTMENT funds. In accordance with the provisions ofI-200, no contract award or rejection shall be made based on the achievement or non-achievement of the goals. Achievement of the goal is encouraged; however, the RECIPIENT and all prospective bidders or persons submitting qualifications must take the affirmative steps set forth in the grant agreement in procurement. It is a state and national goal to expand opportunities for minority- and women-owned business enterprise. RECIPIENTS are therefore encouraged to use minority- and women-owned banks (as defined by OMWBE). The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified"minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT's goals for minority- and women- owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: ConstructionlPublic Works Architecfure/Engineering Purchased Goods Purchased Services Professional Services 10%MBE 10"10 MBE 8% MBE 10%MBE 10%MBE 6% WBE 6% WBE 4% WBE 4% WBE 4% WBE The RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this agreement: 1. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5. 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. Page 15 of17 T Le" Clilinacumcieek CleanL'~ Project . . Jefferso~ County PublicHealth Gtant No, 00700093 . ""--"-,' _'Co',. ~ ," "r_ - r;;/ . (..", . , - ,-:,.~ -.,' - ,-,.--, . . - - . . - - -~, -," . . By !lig11ingtbis agreeII1ent.tkR.ECIPIENTcertifieStbl4 tile abOve steps were, or will be foUowe4.An1eontraCtOr engaged, by the RECIPIENT underthisagrec;tnellt shall~ . .req~t6fol1ow,the 8lxlvefive $ffirmative stepsitl the ~()fanysUbcon.ttal;t(s)., ".", " "'- . - - ' - . - . - - . 'T1leREClPlENfshall repordothepl3PA.R.1MENT at thetimeof~ each. '" ,,' invoice. on fonns provided'bytheDEPARTMENT;payments madet(Hpmlified~.. h' The~wiUaddress: " 2. Name.~, state OMW,BEcertificatiohnumber of Il1lYqualifiel1fi1lIHec;eivfug . fUndS Under the 'VQUCher,includfng anystib-andIOUUb-subcontractors;' .' The total dollat'amountpaklto ~ finnslUldCrthisinvoice,.' .' ',. - - -, - - , l'foig'essR~."I'he RECIPIENTshaU prepare and subniit~reporls: to the'., '. . DEPNt;rMENT'sFinancial~.~teports sha1lbe s1ibriiitte4 re~ess of whether W<)l'ldsperformellor nOt. J.>nigress'teportS shall cover the periOds. ,January 1 , ' through MarclB!. AprUI tIrtough.rUiie 30. July! through September3fr; ~ ~:!>erJ ., through DeCem0et3LThe DEPAR'J'MENT will notpr;ocess pay11i.cmt ~untilthe :'h,'~ ",.",,!; '", """"""",'" .".re'PO' '1.........:~. ,t.," '-'-",..........:.;. '--' ,. '.' .', ' """""I!"~g 1"'-"'""7 ' ,........V"'...,.,.,llI<;;\NJV...... "'.. ~.~ . ,", ~ '->' .".:' ',~ .;, ('-.-- . "~\- '-',:--'.- Page 16of17 - . - " _"', :""Of Chimacum Creek Clean( :er Project Jefferson County Public fIealth Grant No. G0700093 PARTVll. ALL WRITlNGS CONTAINED HEREIN This agreement, the appended GENERAL lERMS AND CONDmONS. the DEPARTMENTs current edition of Administrative Reauirements for EcoIoo:v Grants and Loans (see Attachment 2 for applicable document reference), the Funding Guidelines Volume One (see Attachment 2 for applicable doCument reference), and the Funclinl:' Guidelines Volume Two - Statutes and Rel!:Ulations (see Attachment 2 for applicable document reference) 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 R.ECIPIENT and DEP ARTMENf and!Dlld!l a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEl:' ARTMENT may redistribme the grant budget The DEl:' ARTMENT or RECIPIENT maychangl; their re~tive staff contacts Without the concurrence of either party. IN ~SS WHEREOF, the parties hereby execute this Grant STAlE OF W ASHlNGTON DEPARTMENT OF ECOLOGY fJ~ /J-, /L /~kP DAVID C. PEELER DAlE WATER QUALITY PROGRAM MANAGER APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL (Revised 7/13/06) JEFFERsON COUNTY PUBLIC HEALTII ~ loh~ I ATE Phil J~hnson, Chair Jefferson Board of County Commissioners Approved as to form only: 1Jrw-J- IO)3}Ob C . ~ Jefferson o. Prosecutor s ce Page 17 of17 Chimacum Creek Clean Water Pr~J-~t Jefferson County Public Health Grant No. 00700093 ATTACHMENT 1 WATER QUALITY PROGRAM - FINANCIAL MANAGEMENT POST PROJECT ASSESSMENT SURVEY II , " '" ""0"".._ _ __ -~ _ _ _ ".., - _ _ .'Ii'''''. ~ .'.' - ." -~ ~- ~. ""., ,:",;;;;~ - -:-~Z2;= -c. '0<" -- ~~~sg 1. Agreement Number: 00700093 2. Recipient Name: Jefferson County Public Health 3. Project Name: Chimacum ~reek Clean Water Project 4. Years Since Project Completion: o Three o Four o Five o Other (please specify): 5. Contact Information: Contact Name: Contact Phone Number: Contact E-mail Address: 6. Level of Involvement by Present Contact on Project: 7. Type of Project (check both if applicable): 0 Activity o Facility 8. Financing: Total Project Cost: Total Eligible Project Cost: Ecology Loan Amount: . If Applicable, Ecology Grant Amount: 9. Water Quality and/or Compliance Problem: ATTACHMENT 1 - Page 1 of2 . ( Chimacum Creek Clean Water ProJ_...t Jefferson County Public Health Grant No. 00700093 10. Describe the Most Critical Specific "Project Result(s)" or "Outcome(s)" actually achieved by the Project: 11. Provide documentation (including digital color pictures) that evidence the continued maintenance and effectiveness of the Project at the time of this survey: 12. Check the Eventual Environmental Result(s) or Goal(s) substantivelyaddressed or achieved by the Project: o Designated beneficial uses restored or protected, andlor o Regulatory compliance achieved, andlor D' Severe Public Health Hazard or Public Health Emergency eliminated. 13. Describe the status of the Eventual Environmental Result(s) or Goal(s) at the time of this assessment: 14. Describe subsequent work and ongoing efforts needed to achieve the Eventual Environmental Result(s) or Goal(s) by you and others in the area: ATIACHMENT 1 - Page 2 of2 Chimacum Creek Clean Water PrLJt Jefferson County Public Health Grant No. 00700093 ATTACHMENT 2 WATER QUALITY PROGRAM'S FINANCIAL MANAGEMENT PUBLICATIONS 1. Administrative Requirements for Ecolou:v Grants and Loans. Publication No. 91-18 (September 2005). 1. FY 2007 Funding Guidelines Volume One. Publication No. 05-10-069. 2. FY 2007 Funding Guidelines Volume Two - Statutes and Regu]ations No. 05-10-076. 3. Guidelines for Preoaring Oualitv Assurance Proiect Plan for Environmental Studies. Publication No. 04- 03-030 (July 2004). 4. Stream Habitat Restoration Guidelines(drafi). http://www.wagov/wdfw/hab/ahldsbrgdoc.htm ATTACHMENT 2 - Page 1 of 1