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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of Commissioners
Philip Morley, County Admini!ltrator
FROM:
Pat Pearson, WSU Extension Jefferson County
DATE:
October 28, 2011
RE:
CZM 310 Grant Agreement No. G1200007 between the State of
Washington Department of Ecology and Jefferson County for
$27,500
STATEMENT OF ISSUE: This CZM grant will be used to fund pdmini!ltrative and
action projects for the Jefferson County Marine Resources Committee. The effective
date of this agreement is July 1, 2011; the completion date is December 31, 2011.
ANALYSIS: The Jefferson County Marine Resources Committee has received CZM
grant funds on a continuous basis for 12 years in order to identify/complete their action
projects.
i
FISCAL IMPACT:
None. Expenses are grant funded.
RECOMMENDATION:
Approval of CZM310 Grant #G1200007
DEPARTMENT CONTACT:
Kate Driehaus 379-5610 ext. 206
REVIEWED BY:
/I;:~
Date
CZM310 Grant Agreement No. G1200007
between the
State of Washington Department of Ecology and
Jefferson County
Northwest straits Project: Marine Resources Committee Administration
THIS is a binding agreement entered into by and between the State of Washington, Department of
Ecology, (PO Box 47600, Olympia, Washington, 98504-7690) hereinafter referred to as the
"DEPARTMENT" and Jefferson County MRC, hereinafter referred to as the "RECIPIENT" to carry
out the activities described herein and authorized by the Coastal Zone Management Act of 1972, as
amended through 1996. This grant is subject to Congressional actions.
Recipient Name:
Project Coordinators:
Telephone Number:
e-mail:
Fiscal Contact I phone:
e-mail:
Payee on Warrant:
Project OffIcer for the Department:
Telephone Number:
ecmail:
Jefferson County
. Pat Pearson
360-379-5610 x204
pearsonp@WSu.edu
Kate Drlehaus
kdrlehaus@co.jefferson.wa.us
WSU Jefferson County extension
201 West Patison
Port Hadlock, WA 98339
Sasha Horst
Northwest Straits CommissionlPadlila.Bay NERR
10441 Bayvlew-Edison Road
Mount Vernon WA 98273
360-428-1084lFax: 360-428-1491
horst@nwstraits.org
The Source 'of funds provided by the Department are federal Coastal Zone Management 310 funds.
(National Oceanic and Atmospheric Administration, Department of Commerce, CFDA #11.419).
These funds are subject to congressional actions.
Total Eligible Project cost
Total state Share:
Local Match:
$ 27,500
$ 21,500
-0-
The effective date of this agreement Is July 1, 2011; the completion date Is December 31,
2011.
Page 1 of 18
CZM Grant Agreement No. G1200007
between the Washington State Department of Ecology and
Jefferson County
Project: MRC Administration
I
Scope of Work
I
Project Title:
Description:
MRC Action and Administration
This grant will be used to fund administration for the Jefferson County Marine
Resources Committee.
Work
Program:
In performing the following tasks The RECIPIENT shall comply with the local
Shoreline Master Program, local Growth Management Act Comprehensive
Pian, SEPA and zoning ordinances. If GIS work or environmental
measurement data is to be collected under this agreement, refer to
paragraphs 81 and 82 of Special Terms and Conditions of this agreement for
compliance with Ecology standards.
TASK 1: Administrative Duties
1.1 MRC Meetinos and Communication: schedule and hold meetings; prepare and distnbute
agenda; prepare and distribute minutes, other logistical and communication functions as
needed.
1.2 Grant administration: Prepare progress reports, final report and completion report for
Northwest straits Commission; track and administer budget; contract management and
preparing grant applications for MRC projects.
1.3 MRC Web Site: Ongoing maintenance of MRC web site and/or development of content,
design, images or other web site features.
1.4 Annual Reoort: This report will summarize MRC actlvitles and progress on projects,
inclUding progress in achieving the Initiative's performance benchmarks, successes and
failures in the wOrkplan priorities, training, etc.
1.5 Workolan: The workplan will Include the objectives, tlrneframe, products, and
benchmarks addressed.
1.6 Tralnino: The MRC members wlll attend the annual Northwest Straits Commission
training and additional conferences as appropriate. A representative of the MRC will attend
each Northwest Straits Commission meeting.
Deliverables (one hard copy and one electronic copy of each):
1. Update In progress reports (all tasks)-due December 31, 2011
2. Meeting agendas and minutes - due December 31, 2011
3. Web site address and CD of site contents - due December 31, 2011
4. Annual Report - 2011: Due December 31, 2011
5. List of NWSC meetings attended and name of MRC member attending In the progress
reports - due .December 31, 2011
6. Volunteer hour time tracking - due December 31, 2011
Page 2 of 18
CZM Grant Agreement No. G1200007
between the Washington Stele Department of Ecology and
Jefferson County
Project: MRC Administration
~
Deliverables
II
All products, reports, and payment requests shall be sent to the attention of:
Sasha Horst
Department of EcologylPadllla Bay NERR
10441 Bayview-Edlson Road
Mount Vernon WA 98273
The Recipient shall submit one hard copy and one electronic copy of each Progress Report and
one copy of each Payment Request as deflned In the Special Terms and Conditions section of
this agreement and one hard copy and one electronic copy of each deliverable as deflned in
the Scope of Work.
All dellverables (reports, maps, etc.) are to Include the NOAA logo and acknowledgement
on the front cover (sea Special Terms and Conditions of this agreement).
audget
. '
BudDet ConditIons
1. Project AdmInistration: For the adminIstration of this agreement the Recipient must
follow the current edition of the Administrative Reauiroments for Ecoloav Gmnts and Loans
(Yellow Book). These documents are avaDable at Ecology's websites:
. Forms - http://www.ecv.wa.aovlbiblio/9118A.html
. Yellow Book - htto:/Iwww.ecv.wa.aovlbiblio/9118.html
2. Invoicing:
· Expenditures will be monitored by the Ecology FIscal Office for compliance with the
PROJECT LEVEL BUDGET (listed below).
. The RECIPIENT must maintain complete backup docllments including but not
limited to all invoiced costs and time sheets - signed and dated by employee and
supervisor. The RECIPIENT must keep these expenses In grant flies according to
bUdget task for a period of three years after project completion and make them
available at any time for Inspection by the DEPARTMENT.
· Budget deviations from the line-item EXPENDITURE bUdget (listed below) are
allowed, but in no circumstances may the RecipIent exceed the total project cost If
deviations exceed 10% within any task, the Ecology Project Officer may require a
written budget redistribution
. When submitting invoices to EcOlogy, the Recipient must itemize all costs by task
and provide subtotals by task on Ecology's F()rm C2, Voucher Support Form. All
payment requests must have forms A, B, C (and D if applicable).
Page 3 of 18
CZM Grant Agreement No. G1200007
between the Washington Slate Department of Ecology and
Jefferson County
Project: MRC Administration
.!l!.QIg: For payment requests, the RECIPIENT must use the electronic forms
provided by Ecology at the time the grant is duly executed. Otherwise, invoices will
be returned to the RECIPIENT for submittal on the correct forms.
. All payment requests must be accompanied by a commensurate progress report,
and receive Ecology Project OffIcer approval before payment can be released.
. Requests for reimbursement must be submitted at least seml-annually but not
more than once per month by the RECIPIENT on state invoice voucher forms.
. The Indirect rate must not exceed 25 percent of direct (staff) labor and benefit
costs. This rate covers space utilities, miscellaneous copying, telephone, motor
pool, janitorial services, records storage, rental, county .fiscal and legal services,
etc. Items not included in this list must be reported with the first payment request
and must remain consistent for the life of the grant.
. The rate for In-kind (voluntary services) is valued at $15.00nndMduaYhour. Sea
the Administrative Requirements for Ecology Grants and Loans \ for the "Valuation
of Donated Property or Services:
3. An estimate Is the dollar amount the recipient anticipates requesting from Ecology for
project costs Incurred through December 31, 2011 and are not yat submitted for
reimbursement.
Ecology will contact recipients for this anticipated amount for"final billing to ensure
sufficient funds are reserved to reimburse the recipient for expenditures incurred,
4. Final payment of gtant projects is contingent on receipt of viable work products as listed
in the grant document.
5. Funding Budget: (for Recipient reporting and Ecology tracking purposes):
Maximum Eligitlie Project Cost:
Maximum State Grant Share:
Estimated Local Share:
$27.500
$27.500
iQ
6 estimated budget breakdown:
Page 4 of 18
CZM Grant Agreement No. G1200007
between the Washington Slate Department of Ecology and
Jefferson County
Project: MRC Administration
II
CZM 310 Special Terms & Conditions
II
A. Coastal Zone Management Provisions
1. Planning Area: The services under this grant will be provided In connection with and
respecting the following areas, herein called the "ADMINISTRATION AREA":
The administration area of the coastal zone management program shall include all
those saltwater and tidally influenced shorelines of the state defined In the Shoreline
Management Act of 1971, and designated In Chapters 173-18, 173-20, and 173-22
WAC for all the incorporated and unincorporated areas of the city/county, plus those
fresh waters which could have a.dlrect and significant impact on coastal waters.
2. Identification of Project Materials - All reports, maps, and other documents
produced as part of this grant agreement shall carry the name of the RECIPIENT,
Ecology's grant number (in the upper right hand comer), title, the specific task number
of the product and date centered on the front cover or title page (or in the case of
maps, the block which contains the name of the Government unit or Department) and
acknowledgment of the source of funding as follows:
County or City Name
Grant No. G12oo_
"This (report, paper, newsletter, etc.) was funded In
part through a cooperative agreement with the
National OceanIc and AtmospheriC Administration."
Project TIlle
Task TIlle
TaSk Number
Thbnpart....a.IPllapartt!arvaP.
~~wilbllleN.u-J
Oasdo"'~~
The"'~ha:dl1arelhas/:ld1li&
1IIl1bof(.)llllI1do_JX:Caa:riIyrdleotlha
....ofNOAAarmJofil:l~
_The National Oceanic and Atmospheric
. II Administration logo must accompany
'l. the acknowledgment.
.
NOTE: If the paper or report Is intended for public
distribution, the following disclaimer must be included:
"The views expressed herein are those of the
author(a)
and do not necessarily reflect the views of NOAA or
.any of ItS subagencies."
3. Format for Publications and Brochures: Any (hard copy) publications or
brochures required as a product of this agreement shall conform to minimum
standards of size, 8-1/2" x 11" white, recycled paper equivalent In weight to 20 lb.
bond, single spaced, printed both sides, no less than 1" margins. Photos, illustrations,
and graphs must be of reproducible quality. Any publications or brochures intended
for public distribution shall comply with graphic requirements as specified in Ecology's
"Publications Handbook", publication number 91-41 and any additional specifications
as may be outlined in the SCOpe of Work.
Page 5 of 18
1-
CZM Grant Agreement No. G1200007
between the Washington State Department of Ecology and
Jefferson County
Project: MRC Administration
4. Submittal of Project Materials I Dellverables,;, A disk containing copies of all digital
deliverables compatible with Microsoft WORD and Ecology GIS Standards will be
accepted and contain the following project completion materials:
· Progress reports: 0 E-mail on the Padilla Bay NERR Progress Report Form
(available electronically): to Ecology's Project Officer
and Grant Coordinator by date due in scope of work;
@ Copy included on Project Completion CD
. Report and Map Deliverables: Digital on Compact Disk
· Final Completion Report - (for contents, see paragraph 5 below) Digital on
Compact Disk
· Payment Requests - only hard copy invoices on Ecology forms with original
signatures In blue Ink will be accepted at this time.
6. Project Completion Requirements: On completion of the project, the Recipient's
Project Coordinator shall submit the following information and materials to the
Department:
a. Diaital Prolect Comoletion Reoort: The purpose of this report is to document
that the project and each of Its tasks has been completed. The project
completion report contains the following documents:
(1) Digital QQQY of all SemI-Annual Progress Reports by date.
(2) Diaital Summarv Account - a brief summary (approximately 200-300
words) of the work accomplished under the Igrant with respect to each
of the surveys, studies, plans, and other planning activltles listed in the
grant or any amendments to that grant.
(3) Dlaltal Reoorts. MaDS. Plans. ExhIbits. etc. - The Completion Report
must include a list of all reports, maps, plans, and other documents
prepared under this grant. .
For each digital report, map, plan, or ather document included, identify the
project title, task title, the grant number, the municipality or county, and date
prepared per paragraph 2 above "Identification of Project Materials".
6. Seml-annual Progress Reporting: Semi-annual reporting requirements begin on
the effective date, of the agreament. Reports cover the following periods:
For timely preparation and review, semi-annual reports need to convey essential
Information in a simple, concise manner through the use of bulleted summary
statements, lists, and tables and Include the following:
a. A comperlson of actual accomplishments by task to the objectives established
for the reporting period
b. List deliverables due to Ecology by date of this progress report and their
status.
c. Status of project schedule
d. Financial and funds disbursement status
e. Personnel changes
f. Any difficulties encountered during the reporting period
Page 6 of 18
CZM Grant Agreement No. G1200007
between the Washington State Department of Ecology and
Jefferson County
Project: MRC Administration
7. Responsibilities of the Project Coordinator: The Recipient's Project Coordinator shall be
responsible for the procedural obligations under this agreement in addition to hislher duty to
coordinate the planning effort hereunder. He/She shall cooperate with all parties concemed
in every way possible to promote successful completion of the services described in the
Scope of Work.
8. Access to Records and Right to Audit: .
a. The Recipient agrees that the Comptroller General of the United States or any of his
duly authorized representatives and the Secretary of Commerce or any of his duly
authorized representatives shall, until the expiration of three (3) years after expenditure
of funds under this grant, have access to and the right to examine any directly pertinent
books, documents, papers, and records of the Recipient involving transactions related
to this grant. The Recipient agrees to Include the substance of this paragraph into all
grants and subcontracts payable from contract funds in whole or in part.
b. The Recipient agrees tl)at payment(s) made under this grant shall be subject to
reduction for amount charged thereto which are found after audit examination not to
constitute allowable costs under this grant The Recipient shall refund by check
payable to the Department the amount of such reduction of payments under completed
or terminated grants.
9. Maintenance of Records: All required records shall be maintained until a federal audit is
completed and all questions arising therefrom are resolved, or three (3) years after
completion of a project, whichever is sooner.
10. Refund of Payment: If, through any cause, the National Oceanic and Atmospheric
Administration (NOAA) disallows reimbursement to the Department for failure to fulfill the
grant or stipulations of this grant, the Recipient will reimburse the Department to propor-
tionate amount of the federal share of the total grant funds paid by the Department to the
Recipient through this grant, or that portion thereof constituting NOAA reimbursement of
state grant funding under the terms of this grant
11.. Federal Circular Compliance: As a subreclpient of federal funds, the RECEIPIENT must
comply with the following federal regulations:
OMS Circular A-133. Audits of States, Local Govemments, and Non-Profit Organization
OMS Circular A-133, Compliance Supplement
OMS Circular A-87, Cost Principles for State, Local and Indian Tribal Govemments
OMS Circular A-102, Uniform Administrative Requirements
These federal regulations can be found at: htto://www.whitehouse.aov/omb/circulars/
12. .~lferaiFtlhdlt1gA~cStih~lilty anlfTran$l:l8r~~Act: (FFATA)R~~rtltlg
Requlrementa:FFAT.Are<unres giVIng thepubli9' lllicess to fnformatlon On federal awards
(fed$rtilflnaJl<:jal assi$ttlllt':e liindexpendltures) i~asil19le;searchable we~
. (WWW.USASDendin~~l:ltlv); . Federal awardsjilclllqeQ/llPts, ~ubgrants,loans; . awards, .
coi>Per{ltlveagreel1"!l'lJ'lts~dQther fQrmsof fJfll:l~rllllSiStaIlCEl, as wellaa.contl'ams.
subCi:>ntraCts,pultlhaseot!i~,~kQrd6l'l!,artdd~Uvery orqars. ..
Page 7 of 18
L
I~- ----- CZM Grant Agreer;:;~~tNo~-G1ioOOO~-- -- ..
! between the Washington State Department of Ecology and
! Jefferson County .
Project: MRC Administration
In order to comply with the FFA T A, the Recipient must complete the FFAT A Data Collection
Form and return it to Ecology. Ecology will report basic agreement information, including the
required DUNS number, for all federally-funded agreements at www.fsrs.Qov.This
information will be made available to the public at www.usasoendinQ.Qov. Recipients who do
not have a DUNS number can find guidance at www.Qrants.aov. Please note that Ecology
will not pay any invoices until it has received the completed FFATA Data Collection Form.
Any recipient that receives 80 percent or more of its annual gross revenues from federal
funds, and receives more than $25,000,000 in annual federal funds, must also report
compensation for its five top executives. See www.fsrs.aov for details of this requirement
If your organization falls Into ~is category, you must report the required Information to
Ecology.
13. Government Debarment and Suspension: This agreement is subject to Federal Executive
Orders 12549, 12689 and 15 CFR Part 26, Debarment and Suspension and Requirements
for a Drug-free Workplace:.
CERTIFICATION REGARDING SUSPENSION. DEBARMENT. INELIGIBILITY OR
VOLUNTARY EXCLUSION: .
a. Unless authorized by the Department in writing, a person (as defined at 15 CFR Part
26.105(n)) who is debarred or suspended shall be excluded from Federal financial and
non-financial assistance and benefits under Federal programs and activities except to
the extent prohibited by law or authorized by the U.S. Department of Commerce.
b. Unless the U.S. Department of Commerce authorizes in writing an exception in
accordance with 15 CFR Parts 26.215, 26.220, and/or 26.625, the Recipient shall not
knowingly do business under this agreement with a person who is debarred or
suspended, or with a person who is ineligible for or voluntarily excluded. from that
agreement. The Recipient shall not renew or extend a subaward (other than no-cost
time extensions) with any person who is debarred, suspended, ineligible, or voluntarily
excluded, except as provided in 15 CFR Part 26.215.
1) The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is
not suspended, debarred, propOSed for debarment, declared ineligible or
otherwise excluded from contracting with the federal government, or from
receiving contracts paid for with federal funds. If the
RECIPIENT/CONTRACTOR is unable to certify to the statements contained in
the certification, they must provide an explanation as to why they cannot
2) The RECIPIJ;:NT/CONTRACTOR shall provide immediate written notice to the
Department if at any time the RECIPIENT/CONTRACTOR learns that its
certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3} The terms covered transaction, debarred, suspended, ineligible, lower tier
covered transaction, participant, person, primary covered transaction, principal,
proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive
Order 12549. You may contact the department for assistance in obtaining a
copy of those regulations.
Page 8 of 18
~-
CZM Grant Agreement No. G1200007
between the Washington state Department of Ecology and
Jefferson County
Project: MRC Administration
4) The RECIPIENT/CONTRACTOR agrees it shall not knowlngly enter into any
lower tier covered transaction wlth a person who is proposed for debarment
under the applicable Code of Federal Regulations, debarred, suspended,
declared Ineligible, or voluntarily excluded from participation in this covered
transaction.
5) The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that
it wllllnclOde this clause titled "CERTIFICATION REGARDING SUSPENSION,
DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" wlthout
modification in all lower tier covered transactions and in all solicitations for lower
tier covered transactions.
6) Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for
ensuring that any lower tier covered transaction complies wlth certification of
suspension and debarment requirements.
7) RECIPIENT/CONTRACTOR acknowledges that falling to disclOse the
information required in the Code of Federal Regulations may result in the delay
or negation of this funding agreement, or pursuance of legal remedies,
including suspension and debarment
8) RECiPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it,
and all lower tier recipients or contractors, are not suspended or debarred, and
wlll make this proof available to the Depertment upon request.
RECIPIENT/CONTRACTOR must run a search in www.eDis.aov and print a
copy of completed searches to document proof of compliance.
12. OffIcials Not to Benefit: No member of or delegate to the Congress of the United States, or
resident Commissioner, shall be admitted to any share or part of this grant or to any benefit
that may arise therefrom.
14. Restrictions on Lobbying: Each bidder/applicant/recipient! subrecipient of this agreement
is generally prohibited from USing Federal funds for lobbying the executive or Legislative
Branches of the Federal Government in connection wlth this award. This agreement is
subject to Section 319 of Public Law 101-121, which added Section 1352, regarding lobbying
restrictions, to Chapter 13 of Title 31 of the United States Code. The new section is
eXplained in the common rule, 15 CFR Part 28 (55 FR 6736-6748, 2/26/90).
balance of page left blank intentionally
Page 9 of 18
-...;:.
CZM Grant Agreement No. G1200007
between the Washington State Deparbnent of Ecology and
Jefferson County
Project: MRC Administration
B. Ecology Provisions
1. Coordination with Ecology's Geographical Information System (GIS)
IF this project involves developing GIS data, the Recipient shall coordinate with
Ecology's GIS office in an effort to promote compatibility and to encourage sharing of
geospatial data. To facilitate data sharing, the Department utilizes the following
standards:
Vector Import Format
Raster Import Format
'urrent version
Current Version
NAD 83 HARN
NGVD 88
Lambert Conic Conformal'
WA State Plane Coordinates
South
Feet
+/-40 Feet (1:24,000) minimum accuracy to within
a foot of the true North American datum em
ArcExport, DLG and/or DXF, shapefiles
TIFF, BIUBIP, RLC,GRID,ERDAS, SID
ew
orizontal Datum
Vertical Datum
Projection System
Coordinate System
Coordinate Zone
Coordinate Units
Accuracy Standard
Whenever possible, the Recipient is encouraged to utilize the standards listed above
when compiling data. To discuss the usage of other standards, please contact Jeny
Franklin at 360 407-7470; Fax: 360407-6902; E-Mail: jfra461@ecy.wa.gov or John
Tooley at 360-407-6418; E-Mail: jto0461@ecy.wa.gov for further data sharing and
compatibility information.
The Recipient shail submit COPies to Ecology'S Project Officer with complete
documentation as it relates to ail digital data, GIS coverages, shape files, related tables
and map products.
2. Quality Assurance Project Plan (QAPP). IF this project involves the eollection of
environmental measurement data, the RECIPIENT must prepare a QAPP to ensure the
consistent application of quality assurance principles to the planning and execution of all
activities Involved in generating this data. The plan shall be conducted in accordance with
the DEPARTMENTs Guidelines for the PreDaration of Qualllv Assurance Prolect Plans for
Environmental Studies, current edition, (Ecology Publication No. 04-03-030). The plan
must describe the monitoring and data quality objectives, procedures, and methodologies
which will be used to ensure that all environmental data generated will meet these
requirements. The size and complexity of the plan should be cost effective and in
proportion to the magnitude of the sampling effort. The RECIPIENT may also reference
Technical Guidance for Assessino,the Qualitv of Aauatic Environments. February 1994
(Ecology Publication No. 91-78), in developing the plan. The QAPP shall be composed of
a concise description of the environmental measurement aspects of this project. Ecology's
Project Officer shall review and approve this plan prior to initiation of work.
Page 100118
1- - -
----
- _..---~_.,--
CZM Grant Agreement No. G1200007
between the Washington State Department of Ecology and
Jefferson County
project: MRC Administration
The OAPP should describe the following elements:
. Assumptions that direct the collection and analysis of data;
. Resources used (such as ffights for aerial photos);
. Resource documents that will be consulted;
. Field methods ernployed; .
. Office methods employed;
. Training level of staff involved In data collection and analysis;
. Equipment I materials to be used
. Procedures to assure accurate calibration of field Instruments.
Other supporting documentation, Including example OAPPs, OAPP templates, and
field SOPs may be found at Ecology's Quality Assurance website:
www.ecv.wa.aov/Droorams/eaD/aualitv.html
3. Administrative Guidelines: The Recipient shall comply with the Departmenfs current
edition of "Administrative Requirements for Ecology Grants and Loans", ("Yellow
Book") publication number 91-18. The Recipient shall be responsible for maintaining
appropriate financial records throughout the life of the project and In accordance with
these guidelines.
4. Reimbursement: Grants are awarded on a reimbursable basis. The Recipient initially
pays project costs in full. Upon presentation of a billing to the Department. the
Departmenfs share of the project is reimbursed to the Recipient.
6. Mlnortty and Women's Business Participation: _The RECIPIENT agrees to solicit
and recruit, to the maximum extent possible, certified tninority-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:
ConstructionlPubllcWorks
Architecture/Fngineering
Purchased Goods
Purchased Services
Pro~ionalServlces
10% MBE
10% MBE
8% MBE
10% MBE
10% MBE
6%WBE
6%WBE
4%WBE
4%WBE
4%WBE
No contract award or rejection shall be made based on achievement or non-
achievement of the goals. Achievement of the goals is encouraged, however, and 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:
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.
Page 11 of18
-----------
----------------- ------ ------
CZM Grant Agreement No. G1200007
between the Washington State Department of ECOlogy and
Jefferson County
Project MRC Administration
c. DMde 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 ana Women's
Business Enterprises (OMWBE)" and the Office of Minority Business
Enterprises of the U.S. Department of Commerce, as appropriate.
By signing this Agreement, the RECIPIENT certifies that the above steps were, or will
be followed. Any contractor engaged by the RECIPIENT under this agreement shall
be required to follow the above five affirmative steps in the award of any
subcontract(s).
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each
invoice, on forms provided by the DEPARTMENT, payments made to qualified firms.
The report will address:
f. Name and state OMWBE certification number of any qualified firm receMng
funds under the voucher, including any sub-and/or sub-subcontractors.
g. The total dollar amount paid to qualified firms under this iiwoice.
6. All Writings Contained Herein: This agreement, the appended "General Terms and
Conditions", and the DEPARTMENT'S current edition of "Administrative Requirements
for Ecology Grants and Loans", contains the entire understanding between the
parties, and there are no other understandings or representations except those set
forth or incorporated by reference herein. By Signing this agreement with Ecology, the
Recipient and any subreclplents state they are In compliance with the federal
requirements for Debarment and Suspension and requirements for a drug-free
workplace (15 CFR Part 26) (see Special Terms and Conditions). No subsequent
modification(s) or amendment(s) of this agreement shall be of any force or effect
unless in writing, signed by authorized representatives of the Recipient and
Department, and made a part of this agreement.
IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement
State of Washington
Department of Ecology
Jefferson County
Signature, Authorized Official Date
Gordon White Date
Program Manager
Shorelands and Environmental
Assistance Program
Approved as to form only by
the Assistant Attorney General
Print Name of Authorized. Official
Title of Authorized Official
Page 12 of 18
Approved as te form only:
{), . _/?l)S)ZOI9
J~ffm(jfl ~(j. mmltlWf
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CZM Grant Agreement No. G1200007
between the Washington State Department of Ecology and
Jefferson County
Project: MRC Administration
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PE~ORMANCE
All activities for which grantlloan funds are to be used shall be accompfished by the
RECIPIENT and RECIPIENT's employees. The RECIPIENT shall not assign or subcontract
performance to others unless specifically authorized in writing by the DEPARTMENT.
B. SUBGRANTEE/CONTRACTOR COMPUANCE
The RECIPIENT must ensure that all sUbgrantees and contractors comply with the terms
and conditions of this agreement. .
C. THIRD PARTY aENEFlCIARY
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. COMPUANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal. State and local laws.
orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the
necessary approvals and permits required by authorities having jurisdiction over the project,
provide 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, regulations, and policies against discrimination. The RECIPIENT further
agrees to affirmatively support the program of the Office of Minority and Women's Business
Enterprises to the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT
the percent of grantlloan 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 ali 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.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or
otherwise Involved in this project to give up any part of the compensation to which he/she is
otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract
hereunder.
Page 13 of 18
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CZM Grant Agreement G1200007 between the
Washington state Department of Ecology and
Jefferson County
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to
this agreement. Such records shall clearly indicate total receipts and expenditures by fund 'Source
and task or object.
All 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 grantlloan records shall be open for audit or inspection by the DEPARTMENT or
by any duly authorized audit representative of the State of Washington for a period of at least
three years after the final grant paymentlloan repayment or any dispute resolution hereunder. If
any such audits Identify discrepancies in the financial records, the RECIPIENT shall provide
clarification and/or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be
made available to the DEPARTMENT and to any authorized state, federal or local representative
for Inspection at any time during the course of this agreement and for at least three years following
grantlloan termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provIsions in OMS Circular A-133 (Audits of States,
Local Governments &Non Profit Organizations), including the compliance Supplement to OMS
Circular A-133, if the RECIPIENT expends $300,000 or more in a year in Federal funds. The
$300,000 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 RECIPIENrS response and the final
corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment
request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also
report in writing to the DEPARTMENT any problems, delays or adverse conditions which will
materially affect their ability to meet project objectives or time schedules. This disclosure shall be
accompanied by a statement of the action taken or proposed and any assistance needed from the
DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports
are not submitted. .
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June
3D, July 1 through September 3D, and October 1 through December 31. Reports shall be due
within twenty (20) days follOwing the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable
basis as specified in the grant agreement and no more often than once per month. Each request
for 'payment will be submitted by the RECIPIENT on State voucher request forms provided by the
DEPARTMENT along with documentation of the expenses. Payments shall be made for each
task/phase of the project, or portion thereof, as set out In the Scope of Work when completed by
the RECIPIENT and certified 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
paymeht requests are found in "Administrative Requlremehts for Ecology Grants and Loans", part
IV, published by the DEPARTMENT. A copy of this document shall be furnished to the
RECIPIENT. When payment requests are approved by the DEPARTMENT, paymehts 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. .
Page 14 of 18
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CZM Grant Agreement G1200007 between the
Washington Stale Department of Ecology and
Jeffel'SQn County
2. Budget deviation. Deviations in budget amounts are not allowed without written
amendment(s) to this agreement. Payment requests will be disallowed when the RECIPIENTs
request for reimbursement exceeds the state maximum share amount for that element, as
described in the Scope of Work.
3. Period of Compensation. Payments shall only be made for action 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.
4. Final Request(s) for Payment. The RECIPIENT must submit final requests for
compensation within forty-five (45) days after the expiration date of this agreement and within
fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed
reimbursement.
5. Performance Guarantee. The DEPARTMENT may withhold an amount not to
exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENTs
performance and a financial bond. 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 DEPARTMENTs 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.
6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to
final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grantlloan
shall be refunded to the DEPARTMENT by the RECIPIENT.
7. 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.
8. 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 performance 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 gMng 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, all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, and reports or other materials prepared by the
RECIPIENT uncler 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 breach of agreement by the RECIPIE:NT. The DEPARTMENT may withhold
peyments 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 approprlation and state
allotment. When this agreement crosses over state fiscal years the obligation of the
DEPARTMENT is contingent upon the approprlation of funds durlng the next fiscal year. The
failure to approprlate or allot such funds shall be good cause to terminate this agreement as
provided In paragraph K 1 above.
Paga 15 of 18
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CZM Grant Agreement G1200007 between the
Washington Stele Department of Ecology and
Jefferson County
When this agreement crosses the RECIf'IENrs fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon
appropri;ation of funds by the REClPlENrs govemlng body; provided, however, that nothing
contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid
to the RECIPIENT in accordance with Section 0 herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work
on the project funded herein within four months after the effective date of this 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 default 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
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable
materials or invents any patentable property, the RECIPIENT may copyright or patent the same
but the DEPARTMENT retains a 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 govemment piJrposes.
Where federal funding is involved, the federal.govemment 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 DEPARTMENrs current edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all
real and personal property purchased wholly or In part with funds furnished by the DEPARtMENT
in the absence of state, federal statute(s), regulation(s), or pollcy(s) to the contrary or upon
specific instructions with respect thereto in the Scope of Work,
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT
provides personal property 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 is
lost, stolen or damaged while In the RECIPIENrs 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 landlor facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to
acquire title for each parcel prior to disbursement of funds provided by this 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
Page 16 of 18
;:'
CZM Grant Agreement G1200007 b6tWe6n the
Washington Stale Department of Ecology and
Jefferson County
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. RECYCLEDIRECYCLABLE PAPER
All documents and materials published under this agreement shall be produced on
recycled paper containing the highest level of post consumer and recycled content that Is
available. At a mll')imum, paper with 10 percent post consumer content and 50 percent recycled
content shall be used. Whenever possible, all materials shall be published on paper that Is
unbleached or has not been treated with cfdorine gas and/or hypochlorite.
As appropriate, all materials shall be published on both sides of the paper and shall
minimize the use of glossy or colored paper and other Items which reduce the recyclablllty of the
document.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to It as reimbursement payments is
contingent upon satisfactory performance of this agreement inclUding the satisfactory completion
of the project described in the Scope of Work. In the event the RECIPIENT falls, 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 tlie 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 annum from the time the
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K2 above, the RECIPIENT shall not be
obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any
property acquired under this 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 work to be done shall govem. The RECIPIENT shall have the right to appeal
decisions as provided for below.
Q. DISPUTES
Except as ,otherwise provided in this agreement, any dispute conceming 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 writlen 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
malls or otherwise fumishes to the Director of the DEPARTMENT a writlen appeal.
In connection with appeal of any proceeding under this ciause, 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.
Page 17 of 18
CzM Grant AgreemenfG120000ih6tween the
Washington Stele Department of Ecology and
Jefferson County
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises
any functlon 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,
partnership or association In which he/she is, directly or indirectly interested; nor shall he/she have
any personal or pecuniary Interest, direct or Indirect, in this agreement or the proceeds thereof.
S. INDI:MNIFICATION
1. 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.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order. (a) applicable Federal
and state statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any
terms incorporated herein by reference including the "Administrative Requirements for Ecology
Grants and Loans"; and (e) the General Terms and Conditions.
88-010 Rev. 05/02
Page 18 of 18
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