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Home My WebLink About111411_ca01 . ... Consent Agenda ,S~_0~~~ JEFFERSON COUNTY PUBLIC HEALTH ""s~o" 615 Sheridan. Street. Port Townsend. Washington. 98368 www.Jeffel'8oncountypubUchealth.org October 31, 2011 JEFFERSON COUNTY BOARD OF COUNTY CO,MMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jean Baldwin, Director Michael Dawson, Environmental Health Specialist DATE: "-\OVE-fYH35.12... l4- I d-.ID 1\ SUBJECT: Agenda Item - Agency Agreement - Department of Ecology for Northeast Jefferson Clean Water Project, #G1200127; upon signature - December 31, 2015; $399,581 RAJEMENT Of.ISSUE: Jefferson County Public Health, Water Quality DMslon, Is requesting Board approval of the Agency Agreement - Department of Ecology for Northeast Jefferson Clean Water Project, #G1200127; upon signature - December 31, 2015; $399,581 ANALYSIS/STRATEGIC GOALS/PROS and CONS: Through this project, Jefferson County Public Health will assess water quality by monitoring shoreline freshwater discharges for bacterial contamination and Investigating areas of elevated fecal counts to Identify sources such as failing onslte septic systems and lIvestock manure. Sanitary surveys will be done on prioritized properties. Failing onslte septic systems along with properties found to have animal management problems will be corrected. The project focus area Is within the dty of Port Townsend, the Qulmper Peninsula, Marrowstone Island, and approximately 40 miles of shoreline. Public Health will coordinate with the CIty of Port Townsend through an Interlocal Agreement to locate, trace and monitor stormwater outfalls. FISCAL IMPACT/COST BENEFIT AN~L YSIS: The Department of Ecology will fund 75% of this contract. A 25% match Is required In the amount of $99,895. $6,250 will be provided by an Interlocal Agreement to meet match requirements. The remainder, $93,645 will be met through Clean Water DIstrict funds. COMMUNITY HEALTH DEVELOPMENTAL DISABILITIES MAIN: 360385-9400 FAX: 36(>365-9401 PUBLIC HEALTH ALWAYSWORZINGFORASAfERAND HEALTHIER COMMUNITY ENVIRONMENTAL HEALTH WATER QUALITY MAIN: 360385-9444 FAX: 36(>3794487 -- .......' Consent Agenda RECOMMENDATION: JCPH management requests approval of the Agency Agreement - Department of Ecology for Northeast Jefferson Clean Water Project, #G1200127; upon signature - December 31, 2015; $399,581 IIlr~ Date c_ DEPARTMENT OF ECOLOGY State of W.ashington CENTENNIAL CLEAN WATER PROGRAM (CENTENNIAL) GRANT FuNnING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF EcOLOGY AND JEFFERSON COUNTY PUBLIC HEALTH GRANT AGREEMENT NUMBER G1200127 NORTHEAST JEFFERSON CLEAN WATER PROJECT TABLE OF CONTENTS PART I. GENERAL INFORMATION .................................w..............w............uo...................... 1 PART II. PROJECT SUMMARY ..................................................................................................3 PART m. PROJECT BUDGET ......................................................................................w;........... 4 PART IV. PROJECT GOALS AND OUTCOMES ........w............................................................ 4 PARTV. SCOPE OF WORK......................................................................................................... 5 PART V(A). SPECIAL TERMS AND CONDmONS ..........uo............................................;uo..... 9 PARTVI. ALL WRITINGS CONTAINED HEREIN .........;..............................w...................... 10 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE CENTENNIAL CLEAN WATER PROGRAM AND THE FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND............................................................................. 11 BEST MANAGEMENT PRAcTICES (BMP) iMPLEMENTATION .....................................................................................11 BMP TRAcKlNGIINvOlCING..............................................................................;.....................:.................................13 CENTENNIAL-FuNDED PROJECTS USED TO MATCH SECTION 319-FuNDED PROJECTS ..............................................13 CULTURALAND HISTORIC REsOURCES PROTECTION ................................................................................................13 EDUCATION AND OUTREACH.....................................................................................................................................14 EQUlPMENT PURCHASE .............................................................................................................................................14 FuNDING REcOGNITION ............................................................................................................................................14 INCREASED OVERSIGIIT ............................................................................................................................................14 INDIRECT RATE ...............................................;.........................................................................................................15 LIGHT RBFREslIMENTs..............................................................................................................................................15 MATCHING REQUIREMENTS ..................................................................................................;...................................15 MINORITY AND WOMEN'S BUSINESS PARTICIPATION................................................................................................15 PAYMENT REQUEST SUBMmAUl.............................................................................................................................16 POST PROJECT AssESSMENT .....................................................................................................................................17 PROCUREMENT ..........................................................................................................................................................17 PROGRIISS REPORTS .................................................................................................................................................. 17 i . REQUIRED DocuMENT SUBMlTIALS........................:................................................................................................17- VOLUNTEER TIME DocuMENTATION ........................................................................................................................18 W AlER QUALfl'y MONITORING ................................................................................................................................18 AITACHMENT II: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR FEDERAL CLEAN WATER SECTION 319 FUNDED PROJECTS AND CENTENNIAL CLEAN WATER PROGRAM MATCHING PROJECTS........................................................... 20 CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGmILITY OR VOLUNTARY Ex=SION.....................20 FEDERAL FuNDING ACCOUNTABILITY AND TRANsPARENCY Acr (FFATA) REPoRTING REQUJREMENTS:................21 FlNALPAYMENT .......................................................................................................................................................21 FuNDING RECOGNITION ..................................................................................................:.........................................21 HOTELAND MOTEL:FiRE SAFIITY Acr......................................................................................................................21 SECTION 319 REPoRTING REQUIREMENTS ................................................................................................................22 SIGNAGE........................................................................................................................:..........................................22 SMALL BusINESS IN RUBALAREAS (SBRAs)...........................................................................................................22 SUBREClPIENT COMPUANCE .....................................................................................................................................22 TIME ExrENsION...................................................................................................:...................................................23 FEDERAl FUNDINGA=UNTAIlIUTY AND TRANsPARENCY Acr (FFATA) .......................................................................24 DATA CoLLEtTION FoRM............................................................................................................................................24 AITACHMENTill: GENERAL TERMS AND CONDmONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY .................................. 26 A. RECIPlENTPERFORMANCE...................~.......................................................................................................26 B. SUBGRANTEElCONTRACTOR COMPLIANCE.....................................................:.......................................26 C. T1llRD PARTY BENEFICIARY ................................................................................:.......................................26 D. CONTRACTING FOR SERVICES (BlDDING).................................................................................................26 E. ASSIGNMENTS...................................................................................................................................................26 F. COMPUANCE WITHALL LAWS ....................................................................................................................26.G. KICKBACKS .................................................................................................................................:....................27 H. AUDITS AND INSPECTIONS ...........................................................................................................................27 1. PERFORMANCE REPORTING ..........................................................................................................................27 J. COMPENSATION ...............................................................................................................................................28 K. TERMINATION..................................................................................................................................................28 L. W AlVER.......;......................................................................................................................................................29 M. PROPERTY RlGHTS ......................................................................................:..................................................29 N. SUSTAINABLE PRODUCTS.............................................................................................................................30 O. RECOVERY OF PAYMENTS TO REC1PlENT.................................................................................................31 P. PROJECT APPROV AI. .....................................................................:.................................................................31 . Q. DISPUTES...:.......................................................................................................................................................31 R. CONFLICT OF INTEREST............:....................................................................................................................32 S. INDEMNIFICATION ................,.........................................................................................................................32 T. GOVERNING LAW ................:............................................................................................;..............................32 U. SEVERABlLITY.....................................................................................................................,...........................32 V. PRECEDENCE................................................................................\...................................................................32 ii CENTENNIAL CLEAN WATER PROGRAM (CENTENNIAL) FuNDING AGRE:EMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PuBuc REALm TIllS is a binding agreement between the state of Washington Department of Ecology (DEPARTMENT) and Jefferson County Public Health (RECIPIEN1). The purpose of this agreement is to provide funds to the RECIPIENT, who will carry out the requirements described in this agreement. PART I. GENERAL INFORMATION Project Title: Grant Number: State Fiscal Year: Total Project Cost: Total Eligible Cost: DEPARTMENT Share: RECIPIENT Share: DEPARTMENT Maximum Percentage: Northeast Jefferson Clean Water Project G1200127 2012 $399,581 $399,581 $299,686 $99,895 75 percent RECIPIENT Information RECIPIENT Name: Mailing Address: Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 (360) 379-4487 91-6001322 Fax Number: Federal Taxpayer ill Number: PROJECT Manager: Email Address: Phone Number: PROJECT Financial Officer: Email Address: Phone Number: Michael Dawson . mdawson@co.jefferson.wa.us (360)344-9301 Veroniea Shaw veroniea@heaIth.co.jefferson.wa.us (360) 385-9409 DEPARTMENT Contact Information Project Manager: Email Address: Phone Number: Tammy Ridden Tammy.Ridden@ecy.wa.gov (360) 407-6295 1 Address: o Northwest W A State Department of Ecology Northwest Regional Office 3190 I 60th Ave SE Bellevue, W A 98008-5452 Fax (425) 649-7098 [gI Southwest W A State Department of Ecology Southwest Regional Office P.O. Box 47775 Olympia, WA 98504-7775 Fax (360) 407-6305 o Bellingham W A State Department of Ecology Bellingham Field Office 1440 lOth Street, Suite 102 Bellingham, W A 98225 Fax (360) 715-5225 Financial Manager: Email Address: Phone Number: Fax Number: Address: o Central W A State Department of Ecology Central Regional Office 15 West Yakima Ave, Suite 200 Yakima, WA 98902-3452 Fax (509) 575-2809 o Eastern W A State Department of Ecology Eastern Regional Office N. 4601 Monroe Spokane, W A 99205-1295 Fax (509) 329-3570 Melanie Tyler Melanie.Tyler@eey.wa.gov (360) 407-7489 (360) 407-7151 W A State Department of Ecology Water Quality Program, FMS P.O. Box 47600 Olympia, W A 98504-7600 2 CHECK ALL THAT APPLY: . Section 319 Funds: (Catalog ofFedera1 Domestic Assistance No. 66.460) D Yes Amount: ~ No . Centennial Funds (state funds): ~ Yes Amount: $299,686 D No . If Centennial funded, will this project be used to match Section 319 funds? ~Yes DNo . Please indicate the appropriate Centennial project category: ~ Activities Project D On-site Septic Loan Program.: Corresponding Loan Agreement Number: D Stormwater Project D Facilities Hardship Project: Corresponding Loan Agreement Number: D Activities Stormwater Hardship . Stormwater Retrofit, Low Impact Development Funds Dyes Amount: ~No . Prior Authorization Granted: D Yes If yes, Effective Date: ~No . Increased Oversight? D Yes ~ No The effective date of this AGREEMENT is the date this AGREEMENT is signed by the DEPARTMENT's Water Quality Program. Manager. Aily work performed prior to the effective date of this AGREEMENT, without written Prior Authorization of the DEPARTMENT, will be at the sole expense and risk of the RECIPIENT. This agreement expires December 31, 2015. Post Project Assessment date - three years after the expiration date of the agreement (see Post Project Assessment in Attachment 1): Deeember 31, 2018 PART II. PROJECT SUMMARY This project will address water quality for the state of Washington through monitoring shoreline freshwater discharges fur bacterial contamination and investigation of areas of elevated fecal counts to identify sources such as failing on~site sewage systems (aSS) and livestock manure. The RECIPIENT will complete sanitary surveys on prioritized properties. The RECIPIENT will ensure correction offailing ass and animal management problems on surveyed properties. The project focus area is within the City of Port Townsend, the Quimper Peninsula, Marrowstone Island, and approximatAly 40 miles of shoreline. 3 PART m. PROJECT BUDGET Northeast Jefferson Clean Water Project TOTAL PROJECT TOTAL ELIGffiLE TASKS COST COST (TEC) 1 - Project AdministrationIManagement $39,331 $39,331 2 - Water Quality Monitoring and Analysis $126,675 $126,675 3 - Pollution Identification and Correction $220,975 $220,975 4 - Public Outreach and Education $12,600 $12,600 Total $399,581 $399,581 The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost. MATCHING REQUIREMENTS DEPARTMENT Share:. 75 percent ofTEC $299,686 RECIPIENT Share: 25 percent ofTEC $99,895 Cash or Interlocal Only Is any combination of the above match allowed? IZIYes DNo PART IV. PROJECT GOALS AND OUTCOMES A. Financial Assistance Water Ouality Proiect Goals: One or more of the selected following goals apply to this project D Severe Public Health Hazard or Public Health Emergency eliminated. IZI DesignRted beneficial uses will be restored or protected, 303(d)-Listed water bodies restored to water quality standards, healthy waters prevented from being degraded. D Regulatory compliance with a consent decree, compliance order, TMDL or waste load allocation, etc., achieved. B. Water Ouality and Environmental Outcomes: The following are the anticipated water quality and environmental improvements from the project Please include types and amounts ofBMPs that will be installed, and the water quality parameters addressed and improvements to these parameters that will occur as a result of the project 1. Levels of fecal coliform bacteria and/or E. coli bacteria will be reduced in marine shoreline discharges located within the project area. 2. Levels of fecal coliform bacteria and/or E.coli bacteria, and other common stormwater contaminRnts such as soaps, grease, sediments, oil, and gasoline will be reduced in the City ofPort Townsend stormwater system. 4 3. Failing septic systems identified within the project area will be repaired in compliance with state and local regulations. 4. Inadequate livestock waste management pmctices will be corrected through referml to Jefferson County Conservation District and implementation of best management pmctices. C. Performance Items and Delivembles: The following are the anticipated action items that will play an integml role in implementation of the project. 1. Submittal and Ecology approval of a Quality Assurance Project Plan that will ensure high quality data is collected and utilized during the proj ect 2. Completion of a minimum of four marine shoreline surveys in the project area. Two will be conducted in the wet season, and two will be conducted in the dry season. All flowing discharges to the shoreline will be sampled, and all fecal coliform bacteria and/or E. coli bacteria "hot spots" will be tmcked to their source. 3. Coordination with the City of Port Townsend on the identification and correction of illicit connections and discharges to the city's storm water system. 4. Inspection of 80 percent of "high priority" septic systems in the project area. 5. Correction of 100 percent of failing septic systems pursuant to state and local regulations. 6. Correction of 100 percent of inadequate livestock waste management pmctices identified during the project. 7. Four project update/OSS workshops in the project area. MeetingsIWorkshops will occur during Fall 2011 (2), and Fall 2015 (2). 8. Development and distribution of a newsletter (annually) in the project area. The newsletter will provide a project update and educational information that targets prevention of failing septic systems, proper animal waste management practices, prevention of storm water pollution, etc. PART V. SCOPE OF WORK Task 1 - Proiect AdministrationlManae:ement (Total Task Cost: $39,331) A. The RECIPIENT willlldmini!<ter the project Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contmcting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT must manage the project. Efforts will include: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; the 5 DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT must carry out this project in accordance with any completion dates outlined in this agreement. C. The RECIPIENT must ensure 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 professioual services necessary to perform and complete project-related work. D. The RECIPIENT will submit to the DEPARTMENT's Project Manager the following documents and in the quantities identified: . Draft project completion report - one copy. . Final project completion reports - five copies. . Electronic copy of completion report - one copy. The project completion report will contain deliverables (milestones) from each task, a snmmary page stating the items completed in each task, and a table of contents. The draft completion report will be due 45 days before the project expiration date. Reauired Performance: 1. 2. Effective administration and mAnAgement of this grant project. Timely submittal of all required performance items, progress reports, and financial vouchers. Submittal of draft project completion report to the DEPARTMENT's Project Manager no later than November 15, 2015. Submittal of five hard copies and one electronic copy of the final project report after a draft has been approved by the DEPARTMENT. Write aild submit a one to two page summary of project accomplishments and outcomes at project completion, including pictures, to be published in the DEPARTMENT's Annual Water Quality Financial Assistance Report following the DEPARTMENT's water quality stories format. '- 3. 4. 5. Task 2 -Water Quality Monitorinl!: and Analvsis (Total Task Cost: $126,675) A. The RECIPIENT will submit a Quality Assurance Project Plan (QAPP) to Ecology for approval prior to conducting any water quality sampling. The QAPP will outline the quality assurance methods and protocols the RECIPIENT will follow to ensure the highest quality data collection and analysis work will occur throughout the project period.. B. The RECIPIENT will conduct a minimum of four marine shoreline surveys in the project area, two during the wet season (November - April), and two during the dry season (May - October). During the shoreline survey, the RECIPIENT will sample all flowing discharges to the shoreline for E. coli bacteria and/or fecal coliform bacteria. The RECIPIENT will identify areas of concem based on sampling results and take additional samples to locate possible on-site sewage system (OSS) failure, agricultural contAminAtion or other sources. 6 C. The RECIPIENT will collect all sampling site location data via global positioning system (OPS) and map the locations in a geographic information system (GIS). Required Performance: 1. Submit a draft QAPP to Ecology forreviewand approval by January 31, 2012. 2. Complete four marine shoreline surveys and confirm all fecal "hot spots" by May 2014. 3. Submit water quality data sets on collected samples to the DEPAR1MENT at project completion. 4. Enter collected data into the ElM database at least yearly. Task 3 - Pollution Identification and Correction (Total Task Cost: $220,975) A. The RECIPIENT will conduct sanitary surveys of ''high priority" on-site septic systems (aSS) located within the project area. "High priority" properties includes those properties associated with E. coli and/or fecal coliform "hot spots" as determined by the marine shoreline survey, and those properties within 500 feet of the marine shoreline that either have no septic system permit, or were permitted more than 25 years earlier. The purpose of the sanitary surveys will be to identify and correct failing ass contributing to the pollution of surface water. Additionally, the RECIPIENT will prevent failing ass by providing installation records (if available) and educational materials reIated to proper maintenance and care to the property owner. The RECIPIENT will contact a minimum of 500 property owners, and complete a minimum of 400 sanitary surveys. The RECIPIENT will conduct these sanitary surveys according to the Pollution Identification and Correction Protocol adopted by the RECIPIENT and approved by the DEP AR1MENT for similar projects throughout Jefferson County. B. The RECIPIENT will provide landowners with information about programs that finance ass repairs. Additionally, the RECIPIENT will provide landowners a list (upon request) of Certi:fiedllicensed individuals that can design, install, maintain, or pump septic systems. C. The RECIPIENT will conduct follow up inspections on septic systems classified as "Suspect." These are systems that the RECIPIENT suspects to be failing, but does not have adequate documentation of failure. The follow up inspection will consist of a field evaluation and potentially another dye test D. The RECIPIENT will ensure correction of fecal and nutrient sources using a combination of public education and enforcement (where necessary) oflocal solid waste and onsite sewage regulations. E. The RECIPIENT will refer properties documented to have livestock waste handling problems to the Jefferson County Conservation District for evaluation and preparation and implementation of farm plans ormanure management plans. F. The RECIPIENT will coordinate with the City of Port Townsend to locate and trace stormwater outfaI1s to Port Townsend Bay and provide water sampling as needed to detect and eliminAte illicit connections. O. The RECIPIENT will form an Advisory Council consisting of representatives of the Port Townsend City Council, commercial shellfish growers, Jefferson County Board of Health 7 members, and residents of Jefferson County. The Advisory Council will evaluate Clean Water District (CWD) activities. Reauired Performance: 1. Report to the DEPARlMENT quarterly on the progress of the sanitary survey including the number of properties contacted, the number of surveys completed, and the number of failing, suspect, non-conforming systems found and properties with no ass record. Additionally, report on the number, type and location ofbest management practices installed by property owners that limit runoff related to livestock waste. 2. Contact a minimum of 500 properties in the project area and request a sanitary survey. Conduct a minimum of 400 sanitary surveys in the project area by June 2015. 3. Using a combination of education and enforcement of state and local codes, correct documented fecal and nutrient sources, including failing ass and inadequate animal waste management practices, by October 2015. 4. Maintain records of surveys, dye testing, and correction activities. 5. Conduct four Clean Water District Advisory Council Meetings during the project period. Task 4 - Public Outreach and Education (Total Task Cost: $12,600) A. The RECIPIENT will conduct (four) informational meetings in the project area. To ensure maximum participation, the RECIPIENT will hold one introductory and one final result meeting in the northern part of the project area, and the same for the southern part of the project area. The RECIPIENT will notifY residents throughout the project area of the meetings through ongoing print media, postcards, newsletters, website and a voluntary email distribution list B. The RECIPIENT will develop and distribute a newsletter to be distributed annually to the residents in the project area. The newsletter will discuss project results, septic system maintenance, BMPs, water conservation tips, and ~ther key issues specific to the project area. The RECIPIENT will provide a copy of the newsletter to the DEPARTMENT prior ~o distribution to the public. C. The RECIPIENT will hold four educational workshops throughout the project area to discuss proper operation and maintenance of ass with homeowners and other interested parties. For efficiency, the RECIPIENT will hold these workshops at the same time as the informational meetings. The RECIPIENT will provide brochures and handouts to homeowners describing the BMPs for their ass type. The RECIPIENT will notifY homeowners by print media, postcards, newsletters, a voluntary email distribution list, and website about these meetings in advance of the date to ensure good attendance. Reauired Performance: 1. Advertise informational meetings on RECIPIENT's website and in the local newspapers two weeks prior to project kick-off date. 8 2. Develop a DEPARTMENT approved postcard that will be sent to all homeowners in the area listing public meetings and workshops. 3. Develop educational and presentation tools for the workshops and informational meetings as needed. 4. Conduct two introductory project meetings, two end of project results meetings, and four workshops by December 2015. 5. The RECIPIENT will submit all materials developed under this project to the DEPARTMENT's project manager for review and approval prior to final development. PART V(a). SPECIAL TERMS AND CONDITIONS A. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project within four months of the signatory date, the DEPARTMENT reserves the right to terminate this agreement. The remainder of this page is intentionally left blank. 9 PART VI. ALL WRITINGS CONTAINED HEREIN The following 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: . This agreement . Attachment I: General Project Management Requirements for the Centennial Clean Water Program and the Federal Clean Water Act Section 319 Nonpoint Source Fund . Attachment II: General Project Management Requirements for Federal Clean Water Section 319 Funded Projects and Centennial Clean Water Program Matching Projects . Attachment III: General Terms and Conditions . The effective edition, at the signing of this agreement, of the DEPARTMENT's "Administrative Requirements for Ecology Grants and Loans" . The associated funding guidelines that correspond to the fiscal year in which the project is funded . The applicable statutes and regulations . The Federal Clean Water Act Section 319 Nonpoint Source Program Requirements No subsequent modifications or amendments of this agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the terms of this agreement, the attachments, all incorporated or referenced documents, as well as all applicable statutes, rules, and guidelines mentioned in this agreement. IN WITNESS WHEREOF, the parties hereby sign this agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY JEFFERSON COUNTY BOARD OF COMMISSIONERS KELLY SUSEWIND P.E., P.G. WATER QUALITY PROGRAM MANAGER DATE JOHN AUSTIN CHAIR Approved as ta form only: {J. 1/ /-z-J, I Jefferson Co. Prosecutor's ce Ii'! ATIACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE CENTENNIAL CLEAN WATER PROGRAM AND THE FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND BEST MANAGEMENT PRACTICES (BMP) IMPLEMENTATION If the RECIPIENT installs BMPs that are not approved by the DEP AR1MENT prior to insta1Iation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. Technical assistance for eligible water quality-related agriculture activities provided under the terms of this agreement must be consistent with current U.S. Natural Resources Conservation Service (NRCS) standards and Technical Guide. 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 DEP AR1MENT. . All restoration activities must be consistent with the Stream Habitat Restoration Guidelines. available at http://www.wdfw.wagov/oublications/00043/wdfw00043.odf. and the requirements below. If the RECIPIENT wishes to design a riparian buffer not consistent with the following requirements, the RECIPIENT must submit an adequate justification as to why these caunot be met and an alternate pIan to the DEPARTMENT for review and approval. 1. Riparian Buffers: a For agricultural areas, minimum buffer size for streams will be 35 feet (on both sides of the stream) measured from the top of the stream bank. For those streams which provide habitat for endangered or threatened aquatic species, the minimum buffer size will be two active stream channel widths (but not less than 35 feet on both sides). To maintain fully functional riparian ecosystems and provide sufficient habitat to meet the needs of fish and wildlife, it is recommended that the RECIPIENT use Washington Department offish and Wildlife buffer widths table whenever possible. b. When buffers are to be created in forested areas, buffer width must also be consistent with Forest Practices Rules. c. The RECIPIENT must 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 must be consistent with Fundinl! Guidelines FY 2010 - 2011. The easement or a landowner agreement must be effective for a minimum often years unless otherwise authorized by the DEP AR1MENT. d. The RECIPIENT must develop a written and signed three-year maintenance pIan prior to establishing all riparian buffers. This plan will detail responsibilities for both the landowner and the RECIPIENT and must include details concerning, bnt not limited to, watering plants, replacing dead plants. controlling noxious weeds, and repairing and maintaining buffer fencing. 11 e. Buffers established as part of this grant may not violate county Critical Area Ordinances, county Shoreline Rules, or other state and local regulations. 2. Riparian Plantings: a The RECIPIENT must develop plans for all riparian buffers prior to establishment which include plant locations and species. The plan must be based on an assessment of native plant associations and community types. b. The RECIPIENT must only plant species that are 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 must use, to the greatest extent possible, genetically appropriate plant materials collected from the primary or secondary watershed where the buffer is to be established. d. The RECIPIENT must utilize, to the greatest extent possible, plant species that 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 mRnmRde strocture 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 an evaluation. c. Streambank protection designs must be consistent with the Aquatic Habitat Guidelines: An Integrated Approach to Marine. Freshwater. and Rioarian Habitat Protection and Restoration document provided by the DEPARTMENT upon request. 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 Policy for ConveYing Stockwater Awav From Streams to Protect WaterOualitv (Water Resources Program Policy POL-1025) and the requirements specified in the associated program funding guidelines. This polj.cy allows small amounts of water consistent with historic practice to be diverted to stockwater tanks for consumption by livestock. 12 b. Off-stream watering systems will 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 systems cannot be utilized as well as detailing how potential impacts to water quality resulting from water gaps will be minimt'7.ecL BMP TRACKINGIINvOICING If the RECIPIENT implements an off-stream water facility, livestock feeding area BMPs, or a direct seed program the RECIPIENT must track the costs by landowner in vouchers subniitted to the DEPARTMENT in order to ensure that the entire eligible cost of that BMP is reimbursed in full and does not exceed the financial assistance limit established in.the BMP guidance. CENTENNIAL-FuNnED PROJECTS USED TO MATCH SECTION 319-FuNnED PROJECTS If this project is being used by the DEPARTMENT to meet a matching requirement for the Section 319 program (as indicated on page 3 of this agreement), and the RECIPIENT must comply with Federal Section 319 reporting requirements. Required reporting includes project data on BMP implementation and annual pollntant load reduction. Section 319 Reportine: Requirements. The RECIPIENT must complete the DEPARTMENT's "Clean Water Act Section 319 Initial Data Reporting Sheet." This form must be submitted to the DEPARTMENT's Financial Manager with the first progress report. The RECIPIENT must complete the DEPARTMENT's "Federal Clean Water Act Section 319 Grant Load :Reductions Reporting Form." This form is used to gather information on load reduction for each best management practice (BMP) installed for the project. This form must be submitted to the DEPARTMENT'S Financial Manager by January 15 of each year, and at project close-out. Payment may be held until the form has been completed and submitted to the financial mAnAger. CULTURAL AND HIsTORIC RESOURCES PROTECTION The RECIPIENT must comply with all requirements listed in Executive Order 05-05 prior to implementing any project that involves disturbing soil. Compliance includes coordinating with the Department of Historic and Archeological Preservation and affected tribes. Executive Order 05-05 is found at: htto:llwww.daho.wae:ov/pae:eslEnvironmentalReview/documentslE005 05.odf The Department of Historic and Archeological Preservation has provided guidance to initiate the 05-05 process that can be accessed online at: htt;p:l/www.daho.wa.e:ov/oae:es/Documents/EnvironmentalReview.htm and htto:/lwww.daho.wae:ov/oae:eslEnvironmentalReview/documents/eo0505Guidance OOO.odf. 13 EDUCATION AND OUTREACH The RECIPIENT must do a regional search for existing materials before producing any new educational flyers or pamphlets. The RECIPIENT must request the use of those materials before time and resources are invested to duplicate materials that are already available. The RECIPIENT must also check the Washington Waters website htf;1J:/fwww.ecv.wa.gov/wa.hin<>fon waterslindex.html for useful educational materials. These materials are available for public use and can be downloaded directly from the website. The RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy either on floppy disks or CD-ROM of any tangible educational products developed under this grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements or gadgets, such as a refrigerator magnet with a message. If this is not practical, the RECIPIENT must provide a complete description including photographs or printouts of the product. The RECIPIENT must also supply the DEPARTMENT with the names and contact information oflocal project leads. If there are a significant number of people in the community that speak languages other than English, the RECIPIENT must produce all pamphlets, fliers, meeting nonces, reports, and other educational and public outreach materials in English and in the other prevalent language. EQUIPMENT PuRCHASE The following equipment will be eligible for purchase through this project; Wet weather gear/equipment including rain gear, hip waders, etc., GPS units and digital cameras as needed for replacement. The total cost of all equipment purchased under this project will not exceed $1,000. Changes in equipment type must have prior approval from the DEPARTMENT. FuNnING RECOGNITION The RECIPIENT must inform the public about DEPARTMENT or EP A funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, or other public announcements. Projects addressing site-specific locations must uti1ize appropriately sized and weather-resistant signs. Sign logos are available from the DEPARTMENT upon request. INCREASED OVERSIGHT If this project is selected for increased oversight (as indicated on page 3 of this agreement), the RECIPIENT must submit all backup documentation with each payment request submittal. In addition, the DEPARTMENT's Project Manager must establish a schedule for additional site visits to provide technical assistance to the RECIPIENT and verify progress or payment information. 14 INDIRECT RATE To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent based on employees' direct salary and benefit costs incurred while conducting project-related work. The DEPARTMENT's Financial Manager may require a list of items included in the indirect rate at any time. LIGHT REFRESHMENTS The RECIPIENT may spend up to $50 per meeting for light refreshments associated with this project. The total amount spent for light refreshments under this agreement cannot exceed $200.00. MATCHING REQUIREMENTS Cash Match Requirement. If grant funds awarded are more than $250,000, the RECIPIENT share for the project must be entirely in the form of cash or interlocal contributions. If grant funds awarded are $250,000 or less, any combination of cash, interlocal, or in-kind match is allowed. Interlocal contributions will also count as cash match. Stormwater hardship grants require cash match only. Interlocal Match Roouirement. The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements are consistent with all of the following: . Terms of this grant agreement · The edition of "Administrative Requirements for Ecology Grants and Loans" that is effective at the signing of this agreement. . Chapter 39.34 RCW Interlocal Cooperation Act In-Kind Match Roouirement. If in-kind match is specified in the project budget, property and services donated by organizations or individuals may be used. Documentation will be required for all donated property and services. MINORITY AND WOMEN'S BusINESS PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) bnsinesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. MlWBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. 15 b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c) Divide the total requirements, when economically feasible, into sma1Ier tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. The RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. Please include the following information: a) Name. and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. b) The total dollar amount paid to qualified firms under this invoice. PAYMENT REQUEST SUBMITfALS Freouencv. The RECIPIENT must submit payment requests at least quarterIy but no more often than monthly, uuIess allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. SUOllOrting Documentation. The' RECIPIENT must submit all payment request vouchers and supportive documentation to the DEPARTMENT's Financial Manager. Payment request voucher submittals are based on match requirements found in the budget. Required Forms. Cash Onlv Match Form A19-1A (original signature) Form B2 (BCY 060-7) Form C2 (BCY 060c9) FormD (BCY 060-11) Where Atlolicable Form H (F-21) ReoorliDl1 eligible costs. The RECIPIENT must report all eligible costs incurred on the project, regardless of the source of funding for those costs. This includes costs used as match. All eligible and ineligible project costs must be separate and identifiable. Reimbursements. Payments will be made on a cost-reimbursable basis. 16 POST PROJECT AsSESSMENT The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the status oflong-term environmental results or goals from the project three years after project completion. The DEPARTMENT's Water Quality Program Performance Measures Lead will contact the RECIPIENT before the Post Project Assessment date to request this data. The DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, as part of this assessment. PROCUREMENT The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. PROGRESS REPORTS The RECIPIENT must submit electronic quarterly progress reports to the DEPARTMENT's Financial Manger and Project Manager. Payment requests will not be processed unless all progress reports have been submitted to the DEPARTMENT. Reoortin17 Periods. . January 1 through March 31 . April 1 through June 30 . July 1 through September 30 . October 1 through December 31 Reoortin17 Due Date. Quarterly progress reports are due 15 days following the end of the quarter. Report Content. At a minimum, all progress reports must contain a cpmparison of actua1 accomplishments to the objectives established for the period, the reasons for delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified in this agreement. The recipient must also attach all landowner agreements signed during the respective quarter to each progress report. REQUIRED DOCUMENT SUBMITTALS The RECIPIENT must submit the following documents to the DEPARTMENT as requested by the DEPARTMENT's Project Manager or Financial Manager: . Draft project completion reports - up to 3 copies . Electronic copy of final project completion report - 1 copy . Final project completion reports - up to 8 copies · Final project completion reports of statewide significance - up to 50 copies . Educational products developed under this agreement - up to 2 copies 17 · Documents that require DEPARTMENT Approvai - 2 copies (one for the DEPARTMENT and one for the RECIPIENT) · Interloca1 agreements - 1 copy for the DEPARTMENT's Financial Manager · Professional services procurement agreements - 1 copy to the DEPARTMENT's Financial Manager Additional Required Document Submittals for the Federal Clean Water Act Section 319 Funded Projects and Centennial projects used by the DEPARTMENT to satisfy its Section 319 matching requirement. . Clean Water Act Section 319 Initial Data Reporting Sheet-l copy to DEPARTMENT's Financial Manager during the first quarter following the effective date of the agreement . Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form-l copy to the DEPARTMENT's Financial Manager by January 15 of each year and at the end of the project. VOLUNTEER TIME DOCUMENTATION The RECIPIENT must report to the DEPARTMENT the total number of volunteer (unpaid) hours contributed to the restoration or monitoring project, including tiIDe not being credited for matching purposes. This information will be conveyed to the Governor of the State of Washington in fnlfillment of a request for state agencies to collect information about volunteers working for clean water. WATER QUALITY MONITORING OuaIitv Assurance Proiect Plan (OAPP). Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP). The QAPP must follow Ecology's Guidelines and Specifications for Preparing Quality Assurance Project Plans for Environmental Studies, February 2001 (Ecology Publication No. 01-03-003). The applicant may also reference the Technical Guidance for Assessing the Quality of Aquatic Environments, revised February 1994 (Ecology Publication No. 91-78) or more current revision, in developing the QAPP. The RECIPIENT must submit the QAPP to Ecology's project manager for review, comment, and must be approved before starting the enviromnental monitoring activities. The RECIPIENT must nse an enviromnentallaboratory accredited by Ecology to analyze water samples for all parameters to be analyzed that require bench testing. Information on currently accredited laboratories and the accreditation process is provided on the Department of Ecology's Enviromnental Assessment Program's website, available at: htt;p://www.ecv.wagov/proe:ramsleao/labs/search.html The RECIPIENT should manage all monitoring data collected or acquired under this agreement in order to be available to secondary users and meet the "ten-year rule." The ten-year rule means that data documentation is sufficient to allow an individual not directly familiar with the specific 18 monitoring effort to understand the purpose of the data set, methods used, results obtained, and quality assurance measures taken ten years after data are collected. Monitoring Data Submittal / Environmental Information Manal1ement System. Funding recipients that collect water quality monitoring data must submit all data to Ecology through the Environmental Information Management System (EIM). Data must be submitted by following instructions on the ElM website, currently available at: http://www.ecy.wagov/eim The data submittal portion of the ElM website provides information and help on formats and requirements for submitting tabular data. Specific questions about data submittal can be directed to the ElM Data CoordiTIator, currently available at: eim data coordinator@ecy.wagOV If GIS data is collected, Ecology data standards are encouraged. An Ecology Focus Sheet entitled GIS Data and Ecology Grants (Publication No. 98-1 812-SEA) outlines the standards. Common standards must be used for infrastructure details, such as geographic names, Geographic Information System (GIS) coverage, list of methods, and reference tables. The remainder of this page is intentionally left blank. 19 ATIACHMENT II: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR . FEDERAL CLEAN WATER SECTION 319 FUNDED PROJECTS AND CENTENNIAL CLEAN WATER PROGRAM MATCIllNG PROJECTS CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INEUGmILITY OR VOLUNTARY ExCLUSION 1. The RECIPIENT, by signing this agreement, certifies that it is not suspended, debarred, proposed for debannent, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT shall provide immediate written notice to the Department if at any time the RECIPIENT learns that its certifi~tion 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. 4. The RECIPIENT agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debannent under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. . 5. The RECIPIENT further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGffiILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitationS for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debannent requirements. 7. RECIPIENT acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance oflegal remedies, including suspension and debannent. 8. RECIPIENT agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to the Department upon request. RECIPIENT must run a search in www.epls.gov and print a copy of completed searches to document proof of compliance. 20 FEDERAL FuNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPoRTING REQUIREMENTS: In order to comply with the FF A TA, the RECIPIENT must complete the FF ATA Data Collection Form (form at end of Attachment II) and return it to the DEPARTMENT. The DEPARTMENT will report basic agreement information, including the required DUNS mnnber, for all federally-funded agreements at www.fsrs.gov.This information will be made available to the public at www.usaspending.gov. Recipients who do not have a DUNS number can find guidance at www.grants.gov. Please note that Ecology will not pay any invoices nntil it has received the completed FFATA Data Collection Form. Any recipient that meets each of the criteria below must also report compensation for its five top executives, using Ecology's Federal Funding Accountability and Transparency Act (FFATA) Data Collection Form. . Receives more than $25,000 in federal funds under this award; and Receives more than 80 percent of its aunual gross revenues from federal funds; and Receives more than $25,000,000 in aunual federal funds See www.fsrs.govfordetailsofthisrequirement.lfyourorg.mi71lnon falls into this category, you must report the required information to Ecology. FINAL PAYMENT All payments must be submitted to the DEPARTMENT and paid in full no later than 90 days after the date listed in the Time Extension condition below. Any payment requests received after this date will not be eligible for reimbursement. Final payments are not eligible for reimbursement unti1 all work is complete and all required paperwork had been submitted and approved by the DEPARTMENT. FuNDING RECOGNITION This condition applies only to Section 319 funded projects. The RECIPIENT must use the following paragraph in all reports, docwnents, and signage developed under this agreement: Funding for this project has been provided in part through EP A Grant No. C9-00044906-0 to the Department of Ecology froin the United States Environmental Protection Agency. The Department of Ecology allocates and admini<:terg funding for this project. The contents of this docwnent do not necessaci1y reflect the views and policies of either the United States Environmental Protection Agency or the Department of Ecology, nor does the mention of trade names or commercial products constitute endorsement or recommendation for their use. HOTEL AND Mo.TEL FIRE SAFETY ACT The RECIPIENT agrees to ensure that all conference, meeting, convention, or training space funded in whole or part with federal funds, complies with the federal Hotel and Motel Fire Safety Act of 1990. 21 SECTION 319 REpORTING REQUIREMENTS The RECIPIENT must complete the DEPARTMENT's "Clean Water Act Section 319 Initial Data Reporting Sheet." This form must be submitted to the DEPARTMENT's Financial Manager with the first progress report. htto://www.ec'V.wa.govlbiblio/ecy070286.html The RECIPIENT must complete the DEPARTMENT's "Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form." This form is used to gather information on load reduction for each best management practice (BMP) installed for the project This form must be submitted to the DEPARTMENT'S Financial Manager by January 15 of each year, and at project close-out Payment may be held until the form has been completed and submitted to the financial manager. htto://www.ecv.wa.govlbiblio/ecv070285.html SIGNAGE All site-specific projects must have a sign of sufficient size to be seen from nearby roadways, acknowledging department financial assistance, and left in place throughout the life of the project. Department logos must be on all signs and documents. Logos will be provided as needed. SMALL BuSINESS IN RURAL AREAs (SBRAs) If a contract is awarded by the RECIPIENT under this agreement, the RECIPIENT is also required to utilize the following affirmative steps: 1. Place SBRAs on solicitation lists. 2. Use the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, as appropriate 3. Require the contractor to comply with the affirmative steps outlined above The negotiated "Fair Share Percentage" for the SBRAs is 0.5 percent. There is no formal reporting requirement for SBRAs at this time. . SUBREClPIENT COMPLIANCE As a subrecipient of federal funds, the RECIPIENT must comply with the following federal regulations: The following aDPlv to Local or Tribal Governments receiving Section 319 grants: 1. OMB Circular A-l33, Audits of States, Local Governments, and Non-Profit Organizations 2. OMB Circular A-I33, Compliance Supplement 3. OMB Circular A-I 02, Uniform Administrative Requirements for States and Local Governments 4. OMB CircularA-87, Cost Principles for State, Local and Indian Tribal Governments The followirm: applv to Non-Profit Orl!.ani7.lltions receiving Section 319 grants: 1.0MB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations 22 2. OMB Circular A-B3, Compliance Supplement 3. OMB Circular A-I 22, Cost Principles for Non-Profit Organizations 4. OMB Circular A-II 0, Uniform Administrative Requirements for Institutions of Higher Education and Non-Profit Organizations The followinl! aoolv to Hi!!her Education Institutions receiving Section 319 grants: 1. OMB Circular A-B3, Audits of States, Local Gove=ents, and Non-Profit Organi7"tions 2. OMB Circular A-I33, Compliance Supplement 3. OMB Circular A-I 10, Uniform Administrative Requirements for Institutions of Higher Education and Non-Profit Organizations 4. OMB Circular A-21, Cost Principles for Educational Institutions All OMB Circulars can be found at: http://www.whitehouse.gov/omb/circulars. TIME EXTENSION This condition applies only to Section 319 funded projects. The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EP A's Grant No. C9-00044907-O. In the event a time extension is requested and approved by the DEPARTMENT, all eligible work performed under this agreement must be completed and reimbursement for related costs cannot extend beyond March 31, 2016. The remainder of this page is intentionally left blank. 23 . FeDERAL FUNDING ACCOUNTABIUTY AND TRANSPARENCY ACT (FFATA) DATA COLLECTION foRM Federal funds that require compliance with the Federal Funding Accountability and Transparency Act DEPARTMENT OF support this agreement between The Department of Ecology (ECY) and your organization. The purpose ECOLOGY of the Transparency Act is to make information available online so the public can see how recipients Stato ofwashlngton spend federal funds. Your organization must have a Data Universal Numbering System (DUNS@) number to comply with the act and be eligible to enter Into this agreement If you do not already nave one, you may get a DUNS number free of charge by contacting Dun and Bradstreet at www.dnb.com. ECY also encourages registration with the Central Contractor Registration (CCR) to reduce data entry by both ECY and your organization. You may register with CCR free of charge at www.ccr.aov. ECY will report information about your organization and this agreement to the federal government as required by Title 2 CFR, Part 25. The public can view this information on the federal govemment website www.USASpendina.aov. ECOLOGY AGREEMENT # G1200127 Recipient Information - For Recipient Use Onlv 1. Legal Name 2. DUNS Number Jefferson County 184826790 3. Principle Placa of Performanca Jefferson County Public Health, 615 Sheridan St 3a. City 3b. Stata Port Townsend WA 30. Zip+4 3d. Country 98368 USA 4. Are you registered in CCR? IZIYES. Skip to signature block. Sign, date and return. DNa. Continue with 5. 5. In the preceding fiscal year did your organization: a. Receive 80% or more of annual gross revenue from federal contracts, subcontracts, grants, loans, subgrants, and/or cooperative agreaments; and b. $25,000,000 or more in annual gross revenues from federal contracts, subcontracts, grants, loans, subgrants, and/or cooperative agreements; and c. The public does not have access to information about the compensation of the executives through periodic reports filed with the IRS or the Security and Exchange Commission per 2 CFR Part 170.330. o NO. Skip to signature block. Sign, date and return. o YES. You must report the foliowlng information for the five (5) most highly compensated executives in your organization. Sign, date and retum. '-'.;}',cjH~0!l:artle~~~\E~~'.:;;;,~ii' ~ii:::.i~.i,,1'R~il:lQi:'J'it!ei':;L~1t ;iF i;'];maI~~~~;I\m~'t 1. 2. 3. 4. 5. "Note: "Total compensation" means the cash and noncash dollar value earned by the executive during the subreclpienfs past fiscal year. (For more information, see 17 CFR 229.402 (C)(2)). BY signing this document, the Authorized Representative attests to the Information above. thorized Representative Print Name Date Veronica K Shaw 10/2512011 24 ATTACHMENT ill: GENERAL TERMS AND CONDmONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY A. RECIPIENT PERFORMANCE All activities for which gran1Jloan fimds are to be used shall be accomplished by the RECIPIENT and RECIPIENTs employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Wasbington 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 architecturaI and engineering services shall be awarded through a competitive process, ifrequired by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 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. If the agreement is federaIly-fimded, the RECIPIENT shall report to the DEPARTMENT the percent of gran1Jloan fimds 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 ofWasbington which affect wages andjob safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.l, herein. 26 G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 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 du1y authorized audit representative of the State of Washington for a period of at least three years after the fina1 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 OMB Circu1ar A-l33 (Audits of States, Local Goveruments & Non Profit Organizations), including the compliance Supplement to OMB Circu1ar A-l33, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is acumu1ative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the fina1 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 schedu1e 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 schedu1es. 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 sha1l cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports sha1l be due within thirty (30) days following the end of the quarter being reported. 27 J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for . each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. . Instructions for submitting the payment requests are found in "Admiriistrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be finnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to Administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grantlloan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit:final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. . 5. Unanthorized Expenditures. All payments to the RECIPIENT maybe 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. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other. public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In 28 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 there under and/or terminate this agreement by giving written notice of termination. A writte.n 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 docmnents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such docmnents 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 RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of dllmllges due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next :liscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.l above. When this agreement crosses the RECIPIENT's :liscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section 0 herein. 3. Failure to Co=ence Work. In the event the RECIPIENT fails to co=ence work on the project funded herein within four months after the effective date of this agreement, or by any date agreed upon in writing for co=encement 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 terri1s of this agreement 1.U1less 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 materlal(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the 29 federal government may have a proprietary interest in patent rights to aoy 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, sigas, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Taogible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Ecology Grants aod Loans", Part V, shall control the use aod disposition of all real aod personal property purchased wholly or in part with fimds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performaoce of the project, it shall be returned to the B-4 DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes fimds for the acquisition of hiIm or facilities: a Prior to disbursement of fimds provided for in this agreement, the RECIPIENT shall establish that the cost oflaod/or facilities is fair aod reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of fimds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, aod attorney's opinions establishing that the laod is free from aoy 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 aoy time convert aoyequipment, property or facility acquired or developed pursuaot to this agreement to uses other thao those for which assistaoce was originally approved without prior written approval of the. DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encurnbraoce which monies graoted pursuaot to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources aod ecosystems, the RECIPIENT is encouraged to implement sustainable practices where aod when possible. These practices include use of cleao. energy, and purchase aod use of sustainably produced products (e.g., recycled paper). For more information, see htto://www.ecv.wagov/sustainsbilitv/. 30 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 fails, for any reason, to perform obligations required ofit by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grantlloan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment offunds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q.DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT. mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clanse, 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 Directors 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 performauce of this agreement and in accordance with the decision rendered. 31 R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects hislher personal interest or the interest of any corporation, 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.INDEMNlFICATION 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 FedQ'3l and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS-OIO Rev. 04/04 32 SIGNATURE AUTHORIZATION FORM FOR GRANT/LOAN RECIPIENTS WASlIluron STHE o f P .A ~ T f;l f It - n f E C 0 LOG Y Department of Ecology Water Quality Program PO Box 47600 Olympia, WA 98504-7600 Phone: (360) 407-6600 FAX: (360) 407-7151 Name of Oraanizatlon Jefferson County Public Health Date Submitted October 24, 2011 Project Title Northeast Jefferson Clean Water Project Aareement Number G1200127 AUTHORIZING SIGNATORY . Sianature Print or Tvoe TitlefTerm of Office John Austin Chair, Jefferson Board of County Commissioners . AUTHORIZED TO SIGN AGREEMENT AMENDMENTS Sianature PrintorTvoe Title John Austin Chair, Jefferson Board of County Commissioners . . AUTHORIZED TO SIGN REQUEST FOR REIMBURSEMENT Si nature Print or T e Title Jean Baldwin Director, Jefferson County Public Health '~ Veronica K. Shaw Deputy Director/Chief Operations Director ECY 070-206 (Rev. 0112006) Ecology is an equal opportunity agency.