HomeMy WebLinkAbout120511_ca05
. __ Consent Agenda
-ON -,
.i~~~~~ JEFFERSON COUNTY PUBLIC HEALTH
ti;,~?~. 615 Sheridan Street . Port Townsend' Washington' 98368
- www.jeffel8oncountypubDchealth.org
November 4, 2011
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of-County Commissioners
Philip Morley, County Administrator
FROM: Jean Baldwin, Director
DATE: becetV\be..... 5) ~Ol \
SUBJECT: Agenda Item - Agency Agreement - Site Hazard Assessment
#G1200178 with Department of Ecology; July 1, 2011 -
June 30, 2013; $26,211
STATEMENT OF ISSUE:
Jefferson County Public Health, EnvIronmental Health Department, Is requesting Board approval of the
Agency Agreement - Site Hazard Assessment #G12200178 with Department of Ecology; July 1, 2011 -
June 30, 2013;$26,211
,ANALYSIS/STRATEGIC GOALS/PRO'S an~ CON'S:
This Is an on-golng agreement with the Department of Ecology for Site Hazard Assessments. The purPOSe
of the work Isto collect Information about environmental conditions, waste types and waste quantities at a
site, which may adversely affect the envIronment through the release of contaminants. This Is done with
field screening, sampling, and other data collection methods. The collected Information Is used to evaluate
envIronmental and human health risks and to rank a site according to the Washington State Ranking
Method using the Model ToxIes Control Act. The ranking compares the contaminated sites to others In the
state and helps to set priorities for remedial action at sites within the state. There are 4 components to this
program.
. Task 1: $12,057 - Respond to public complaints and perform Initial Investigations to determine If a
release of a hazardous substance has occurred at a site and If further action Is required.
Task 2: $8,125 - Perform eight site hazard assessments. Conduct comprehensive revIews and
Interviews In order to gather relevant data pertaining to a spill or release of hazardous materials to
the envIronment Prepare work plans, take samples, analyze sites, and compile data to determine
the hazard ranking, using the WA State Ranking Method.
COMMUNITY HEALTH
DEVELOPMENTAL DISABILmES
MAIN: (360) 365-9400
FAX: (360) 385-9401
PUBLIC HEALTH
AlWAYS WOIIKIBG FOR A SAFER ANO
HEALTHIER COMMUHIIY
E~RONMENTALHEALTH
WATER QUALITY
MAIN: (360) 385-9444
FAX: (360) 379-4487
Consent Agenda
Task 3: $524 - Clandestine drug lab program. Tasks to Include Initial site Investigation activities,
working with law enforcement and Spill Team personnel, a plan review of the assessment and or
decontamination work plan.
Task 4: $5,505 - Program Management for Initial Investigation and Site Hazard Assessment,
trainings needed to perform this work, and supplies essential to complete this work.
FISCAL IMPACT/COST BENEm ANALYSIS:
ThIs contract Is funded by the Department of Ecology and requires no match.
RECOMMENDATION:
JCPH management request approval of the Agency Agreement - Site Hazard Assessment #G12200178 with
Department of Ecology; July 1, 2011 - June 30, 2013; $26,211
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(Routed to all Public Health Managers)
Grant No. G1200178
Site Hazard Assessment
Agreement with Jefferson County Public Health
REMEDIAL ACTION GRANT AGREEMENT G1200178
BETWEEN-THE .
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
JEFFERSON COUNTY PUBLIC HEALTH
This is a binding agreement entered into by and between the state of Washington
Department of Ecology, hereinafter referred to as the DEPARTMENT, and Jefferson
County Public Health, hereinafter referred to as the RECIPIENT, to carry out the activities
described herein.
RECIPIENT ADDRESS
Environmental Health Division
615 Sheridan Street
Port Townsend, W A 98368-2439
RECIPIENT PROJECT MANAGER
Stuart Whitford, Director
(360) 385-9411
swhitford@co.jefferson.waus
RECIPIENT FISCAL CONTACT
DEPARTMENT GRANT MANAGER
DEPARTMENT PROJECT MANAGER
FUND SOURCE
MAXIMUM ELIGIDLE COST
STATE GRANT SHARE
RECIPIENT GRANT SHARE
MAXIMUM STATE SHARE PERCENT
FEDERAL TAX IDENTIFICATION NUMBER
EFFECTIVE DATE OF THE AGREEMENT
EXPIRATION DATE OF THE AGREEMENT
Susan Parke, (360) 385-9437
Diane Singer, 360-407-6062
Cris Matthews, 360-407-6388
Local Toxies Control Account
$26,211
$26,211
-0-
100%
91-6001322
July 1,2011
June 30, 2013
Grant No. G1200178
Site Hazard Assessment
Agreement with Jefferson County Public Health
PART 1: PROJECT DESCRIPTION
The goal of the Site Hazard Assessment (SHA) grant program is to provide funding to local
health districts/departments to investigate and evaluate sites that have been potentially
contaminated with hazardoUs substances in Washington State. There are three components to
this program: Initial Investigations, Site Hazard Assessments, and Clandestine Drug Lab
Assessment and Cleanup.
Initial Investigations (lIs): Local health districts/departments respond to complaints from the
public, as reported through the DEPARTMENT'S Environmental Report Tracking System
(ERTS). The purpose of this work is to determine if a release of a hazardous substance has
occurred at a site and if further action is required.
Site Hazard Assessments (SHAs): Local health districts/departments collect information
about environmental conditions, waste types, and waste quantities at sites. These conditions
may adversely affect the environment by a release of hazardous substances. The infonnation
collected during an SHA is used to evaluate environmental and human health risks and to
assign a relative risk ranking under the Washington Ranking Method.
Under this SHA component, the RECIPIENT may also conduct lead assessments at
residential properties where children have been identified as having elevated blood lead
levels. The goal is to determine if lead is present at the site and could be presenting an
exposure pathway to children.
Clandestine Drug Labs: Local health districts/departments conduct investigations and
cleanup activities at sites where illegal drug manufacturing activities have been performed.
This activity has the potential of releasing hazardous chemicals into the environment. Drug
labs are sometimes found at residential properties where children could be exposed to the
harmful substances used in, or resulting from, the manufacture of illegal drugs. Drug lab
cleanup actions on public lands are funded at 50 percent of eligible costs, cleanup actions on
private lands are not grant eligible.
PART 2: SCOPEOFWORK
The tasks(s) set forth below summarize the RECIPIENT'S activities to be performed under
this agreement. . Costs are limited to those approved by the DEPARTMENT in the current
budget plan. The RECIPIENT must complete all activities in the following tasks, including
deliverables, by the expiration date of this agreement unless otherwise stated in this agreement
or approved by the DEPARTMENT in writing.
The RECIPIENT shall submit all sampling data to the DEPARTMENT in both printed and
electronic formats in accordance with WAC 173-340-840(5) and the DEPAR1MENT'S
Toxics Cleanup Program Policy 840: Data Submittal Requirements. Monthly/Quarterly
Progress Reports must indicate if the RECIPIENT submitted sampling data to the
DEPARTMENT during that billing period. Failure to properly submit sampling data will
result in the withholding of grant funding.
2
Grant No. G1200178
Site Hazard Assessment
Agreement with Jefferson County Public Health
The RECIPIENT shall maintain technical and safety training as appropriate. All participating
staff shall have received, and be current with, The Hazardous Waste Operations and
Emergency Response (HAZWOPER) certification. The RECIPIENT is responsible to ensure
that all staff entering potential and known hazardous waste sites act in accordance with the
RECIPIENT'S Health and Safety Plan for the site.
Some costs are conditionally eligible and/or require approval by the DEPARlMENT's grant
m,.,nager prior to purchase. It is the RECIPIENT's responsibility to understand the eligibility
of costs and their responsibility in obtaining approvals Prior to incurring costs.
Any work performed or costs incurred prior to the effective date of this agreement shall be at
the sole expense of the RECIPIENT.
TASK 1: INITIAL INVESTIGATIONS
This task funds the RECIPIENT'S costs the DEPARlMENT determines reasonable and
necessary to perform 10 initial investigations. The RECIPIENT shall investigate newly
discovered sites that have been identified within the RECIPIENT'S county as being a
potential health or environmental risk.
The RECIPIENT shall conduct and report on initial investigations in accordance with the
DEPARlMENT'S Initial Investigations Policy 3l0A and any additional guidance on
conducting initial investigations. The RECIPIENT shall also attend any DEP ARlMENT
required training on initial investigations.
With prior approval from the DEP ARlMENT, the RECIPIENT may reopen certain
investigations and lead extended initial investigations. These may include sampling and
analysis or other costs approved in advance by the DEP ARlMENT's grant m,-,nllger.
The RECIPIENT shall forward a copy of site investigation reports to the DEPARTMENT'S
regional SHA Coordinator within 30 days of a completed initial investigation. The
RECIPIENT shall report work progress to the DEP ARlMENT'S grant manager at the time of
billing for cost reimbursement.
TASK 2: SITE HAZARD ASSESSMENTS
This task funds the .RECIPIENT'S costs the DEP ARlMENT determines reasonable and
necessary to perform site hazard assessments and to rank sites. The RECIPIENT shall
perform site hazard assessments as defined in the Model Toxies Control Act and rank sites in
accordance with the DEPARTMENT'S Site Hazard Assessment (SHA) Guidance and
Procedures for the Washington Ranking Method, Ecology Publication 91-73.
The RECIPIENT shall perform eight site hazard assessments under this task. The
RECIPIENT shall confirm with the DEPARlMENT'S site hazard assessment coordinator
that the proposed site is approved for work under this task. Sites from the Confirmed or
Suspected Hazardous Sites list or those pending formal cleanup action will be high priority
candidates for assessment.
The RECIPIENT has ]].ot requested to perform lead assessments under this task in
coordination with the Department of Health but may direct funding to this activity with
written approval by the DEPARTMENT's grant manager. The RECIPIENT may conduct
lead assessments at properties where an elevated blood lead level has been identified in a child
3
Grant No. 01200178
Site Hazard Assessment
Agreement with Jefferson County Public Health
residing at or frequenting the property. The assessment consists of the sampling and analysis
and reporting on materials that potentially contain lead (such as paint, soil, and dust). This
includes making recommendations to the family about ways to mitigate exposure to and
remediate the lead.
The RECIPIENT shall report lead assessment results to the Department of Health and to the
DEPARTMENT'S grant manager. Costs for lead assessments shall not exceed $2,000 each
without prior approval by the DEPARTMENT'S grant manager. .
TASK 3:
CLANDESTINE DRUG LABS
This task funds the RECIPIENT'S costs the DEPARTMENT determines reasonable and
necessary for the RECIPIENT to conduct assessments and cleanups at five clandestine drug
lab locations within their jurisdiction. The RECIPIENT shall coordinate with the local drug
task force, the DEPARTMENT'S Spill Response Team, the Washington State Patrol and
other local law enforcement in responding to Clandestine Drug labs.
Eligible costs may include:
. . Conducting site inspections, interviewing Law Enforcement and Spill Team personnel,
reviewing documents, photographing areas of contamination or suspected contamination,
taking samples and scientific measurements, and conducting tests and readings as deemed
appropriate to determine if site is "Unfit for Use."
. When property is determined "Unfit for Use," writing "Unfit for Use" document,
recording it with the County Auditor's Office, notifying the Washington State Department
of Health, and posting the property as unfit for occupancy.
. Reviewing and approving cleanup work plans and cleanup reports.
. Conducting cleanups on public lands. This activity requires up to a 50 percent match.
. Overseeing cleanups conducted on private lands.
. Conducting cleanup and post-cleanup site inspections.
. Writing "Release for Reuse" document and recording documents with the County
Auditor's Office.
. Participating in the Clandestine Drug Lab Steering Committee and subcommittees to keep
the local health department or district's recommendations, statewide guidelines and
regulations updated.
. Providing public information about drug labs within the jurisdiction.
. Purchasing a limited amount of equipment and field supplies needed for sampling or
completing other tasks as outlined in the grant agreement Equipment purchases require
prior written approval from the DEPARTMENT'S grant manager to be grant eligible.
TASK 4: GRANT AND PROJECT ADMINISTRATION
This task funds RECIPIENT'S costs the DEPARTMENT deems reasonable and necessary to
administer the grant and manage the projects.
4
Grant No. G1200178
Site Hazard Assessment
Agreement with Jefferson County Public Health .
The RECIPIENT shall document on the progress report the staff time spent on each activity
and at each site.
The RECIPIENTshall submit copies of requested site records to the DEPARTMENT,
including copies of photographs documenting site visits.
Eligible anministrative costs may also include those incurred performing activities to:
. Anmini!rter the grant, develop, and maintain grant files.
. Prepare and submit payment requests, and progress reports.
. Conduct, coordinate, and schedule project activities described in the scope of work.
. Develop and maintain project records and submit copies to the DEPARTMENT and
Department ofHea1th.
. Conduct quality control and quality assurance oversight of all project elements.
. Purchase services, supplies, tools, and equipment needed to accomplish grant tasks.
(Equipment purchases are conditionally eligible and require prior written approval by the
DEPARTMENT'S grant manager).
. Attend training events approved in advance, (including related travel costs). (Training
requires prior approval by the DEPARTMENT'S grant manager).
PART 3: FUND SOURCE AND BUDGET PLAN
The DEP ARlMENT approves costs consistent with the most recently approved budget plan.
To change how funds are allocated among the grant tasks, the RECIPIENT must submit a
written request to the DEPARTMENT. The DEPARTMENT must approve the revised
budget plan in writing. The DEPARTMENT incorporates revised, and approved budget plans
into this agreement by letter amendment
A. FUND SOURCE
LTCA
Total Eligible Project Cost
Fund
$26,211.00
F'und Share (%.)
Local Toxics Control Account
100%
MilXimum Fund.
AmQUnt
$26,211.00
Match Requirement
Match Share (0A,)
Match Antount
Cash Match
0%
$-0-
5
Gl'llllt No. G!200178
Site Hazard Assessment
Agreement with Jefferson County Public Health
B. BUDGET PLAN
Project Tasks
Estimated Maximum
Fund Amount
1. InitialInvestlgations
$12,057.00
$8,125.00
$524.00
$5,505.00 .
$26,211.00
2. Site Hazard Assessments
3. Clandestine Drug Labs
4. Grant And Project Administration
TOTAL:
PART 4: BUDGET CONDITIONS
A. Any work performed or costs incurred prior to the effective date of this agreement
will be at the sole expense of the RECIPIENT.
B. Overhead is eligible at a rate of 25 percent of staff salaries and benefits for time devoted to
tasks outlined in this agreement.
C. The DEPARTMENT tracks expenditures at the task level. To increase or decrease state
funding or change the scope of work, the DEPARTMENT requires a formal amendment.
A letter amendment may be used to redistribute the budget among tasks- and to change the
expiration date.
D. In-kind services are not eligible for match.
E. Payments to the RECIPIENT from the DEPARTMENT shall be made payable to
Jefferson County Public Health, 615 Sheridan Street, Port Townsend, WA 98368.
PART 5: SPECIAL TERMS AND CONDITIONS
A. BILLING
1. Unless otherwise approved in writing by the DEPARTMENT, the RECIPIENT shall
submit a payment request to the DEP AR1MENT quarterly, but no more often than
once per month.
2. The RECIPIENT shall submit payment requests on State Voucher forms that include
an A-19, B2, and C2. The RECIPIENT shall include a Progress Report for the billing
period, and an updated copy of the spending plan, if changes have occurred since the
previous spending plan was submitted.
3. The final payment request shall include a Final Project Report.
4. The RECIPIENT shall provide the Progress Report and Final Project Report on
DEPARTMENT provided forms unless otherwise approved by the DEPARTMENT.
6
Grant No. G1200178
Site Hazard Assessment
Agreement with Jefferson County Public Health
5. The budget plan is organized by task; therefore, the RECIPIENT shall itemize costs by
task on the C2 form and summarize costs by task on the B2 form.
6. The RECIPIENT shall submit one copy of each payment request and backup
documentation to the DEPARTMENT'S grant manager, and one copy to the
DEPARTMENT'S project /l1l1fillger. Failure to suh!nit copies to both the grant
manager and project manager shall constitute an incomplete submission. The payment
requestwilI' not be reviewed or processed until both copies have been submitted.
B. DOCUMENTATION
1. The RECIPIENT shall include the supporting documentation for all expenses,
including RECIPIENT salary and benefits.
2. Supporting documentation includes contractor and subcontractor invoices and receipts,
accounting records, or any other form of record that establishes the appropriateness of
an expense.
3. The DEPARTMENT may request additional documentation if needed to determine ifa
cost will be allowed.
4. Supporting documentation shall be clear and legible and organized by task in the order
it was placed on the C2 by the RECIPIENT.
5. RECIPIENT accounting procedures shall include maintaining supporting
documentation in a grant file. This includes cancelled checks, invoices, purchase
receipts, payroll records, time and attendance records, contract award documents, and
vouchers sent to theDEP ARTMENT. The Recipient shall keep all supporting
documentation for audit purposes for at least three years after the expiration date of the
agreement
6. The RECIPIENT shall use the DEPARTMENT provided Form E, or an equivalent time
sheet approved by the DEPARTMENT, to record staff hours being billed to the grant
Upon request, the RECIPIENT shall provide these records to the DEPARTMENT.
C. OTHER SPECIAL TERMS
1. STATE-WIDE VENDOR REGISTRATION
Washington State's Office of Financial Management (OFM) maintains a central vendor
file for Washington state agencies to use to process vendor payments. This allows
vendors to receive payments from all participating state agencies. RECIPIENTS must
register as a state-wide vendor (SWV) by submitting a state-wide vendor registration
form and an IRS W-9 form (www.ofin.wa.gov/isd/vendorslswvjorm.doc)toOFM. If
you have questions about the vendor registration process you can contact OFM at the
Vendor Help Desk at (360) 664-7779 or email to vendorhelpdesk@ofm.wa.gOv.
2. 'fRAlNll'lG
The RECIPIENT agrees to participate in any DEPARTMENT recommended trainjngs
to manage agreements and prepare, process, and receive payments.
7
Grant No. G 1200 178
Site Hazard Assessment
Agreement with Jefferson County Public Health
3. 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) businesses in purchases and contracts.
initiated after the effective date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation.
MlWBE participation is encouraged, however, and the RECIPIENT and all prospective
bidders or persons submitting qualifications should take the folJowing steps, when
possible, in any procurement initiated after the effective date of this agreement:
a) Include qnali:fied minority and women's businesses on solicitation lists.
b) Assure that qnali:fied minority and women's businesses are solicited whenever they
are potential sources of services or supplies.
c) Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
d) Establish delivery schedules, where work requirements permit, which wilJ
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 should report payments made to qnali:fied :firms to the
DEPARTMENT at the time of submitting each invoice. Please include the folJowing
information on the DEPARTMENr-provided Form D:
a) Name and state OMWBE certification number (if available) of any qualified firm
receiving funds under the invoice, including any sub-andJor sub-subcontractors.
b) The total dollar amount paid to qnali:fied :firms under this invoice.
4. PROCUREMENT AND CONTRACTS
a) The RECIPIENT shall provide written certification that it will follow its standard
procurement procedures andJor applicable state law in awarding contracts;
RECIPIENTS with no formal procurement procedures must certifY that they have
complied with the "Standards for Competitive Solicitation," found in the
Administrative Requirements for Ecology Grants and Loans, Ecology Publication
#91-18 (Revised September 2005) (YelJow Book).
b) . Upon issuance, the RECIPIENT shall submit a copy of all requests for
qualifications (RFQs), requests for proposals (RFPs), and bid documents relating
to this grant agreement to the DEPARTMENT'S project manager.
c) Prior to contract execution, the RECIPIENT shall submit all draft documents and a
copy of the draft proposed contract to the DEPARTMENT'S project manager for
review and approval.
8
Grant No. 01200178
Site Hazard Assessment
Agreement with Jefferson County Public Health
d) Following the contract execution, the RECIPIENT shall submit a copy of the final
contract to the DEPARTMENT'S project manager and grant manager.
5. USE OF EXISTING CONTRACTS
The RECIPIENT may use existing contracts that conform to adopted procurement
procedures and applicable state laws. The RECIPIENT shall notify the
DEPARTMENT if it is using contracts entered into prior to the execution of the grant
agreement for performance of grant-funded activities. The RECIPIENT shall submit a
copy of the contract to the DEPARTMENT'S project mllT1ager and grant manager.
The grant eligibility of products or services secured by the RECIPIENT under existing
contracts used to perform the scope of work in this agreement must be deemed
allowable and reasonable by the DEPARTMENT prior to cost reimbursement.
6. FAILURE TO COMMENCE AND SUSTAIN WORK
In the event the RECIPIENT fails to commence work on the project funded herein
within six (6) months after the effective date of this grant, or fails to sustain work in
accordance with the work schedule established in the order or decree, the
DEPARTMENT reserves the right to terminate this grant.
7. GRANT & PROJECT REPORTING
a) Progress Reports: Progress reports are due at least quarterly. The RECIPIENT shalI
submit progress reports to the DEPARTMENT with each payment request, and no less
frequently than quarterly, even if a payment request is not submitted. These reports
shall be in accordance with the DEPARTMENT-approved repomng format as
indicated in the Remedial Action Grant Guidelines, Publication #10-07-012 (Revised
2010), Appendix C. The DEPARTMENT shalI not approve payments without the
required progress reports.
b) Spending Plans: The RECIPIENT shall complete and submit to the DEPARTMENT a
spending plan projecting quarterly expenditures for the project time period, if
requested by the DEPARTMENT. The RECIPIENT shall update the spending plan as
needed throughout the term of the agreement.
c) Final Project Report: In addition to the progress report that identifies the work
performed during the last billing period, the fmal payment request shall include a copy
of the final project report. This report summarizes the project goals, purpose of the
actions conducted, and outcomes of the project. It shall include the number of initial
investigations, site hazard assessments, lead assessments, and meth lab assessments
and cleanups completed during the term of the grant agreement and in process at the
close of the agreement.
d) Progress report, final project report, and spending plan forms canbe found on the
DEPARTMENT'S website at http://www.ecv.wa.gov/programslswfa/grants/rag.html.
mid in the Remedial Action Grant Guidelines, Ecology Publication #10-07-012
(Revised 2010).
9
Grant No. G1200l78
Site Hazard Assessment
Agreement with Jefferson County Public Health
e) Sampling data: The RECIPIENT shall submit all sampling data to the DEPARTMENT
in both printed and electronic formats in accordance with WAC 173-340-840(5) and
the DEPARTMENT'S Toxics Cleanup Program Policy 840: Data Submittal
Requirements. Monthly/Quarterly Progress Reports must indicate if the RECIPIENT
submitted sampling data to the DEPARTMENT during that billing period. Failure to
properly submit sampling data will result in the withholding of grant funding.
8. ALL WRITINGS CONTAINED HEREIN
This agreement, including the appended "General Terms and Conditions," the latest
approved budget plan, and the DEPARlMENT'S Administrative Requirementsfor
Ecology Grants and Loans, Ecology Publication #91-18 (Revised September 20OS)
(Yellow Book), contains the entire understanding between the parties, and there are no
other understandings or representations except as those set forth or incorporated by .
reference herein. No subsequent modification(s) or amendment(s) of this grant
agreement shall be of any force or effect unless in writing, signed by anthorized
representatives of the RECIPIENT and DEPARlMENT and made part of this
agreement; EXCEPT a letter of amendment will suffice to extend the expiration date
of the grant agreement or to adopt a revised budget plan redistributing funds among
tasks.
9. ARCHEOLOGICAL AND CULTURAL RESOURCES
The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse
effects to the archeological or cultural resources. RECIPIENT shall immediately cease
work and notifY the DEPARTMENT if any archeological or cultural resources are
found while conducting work under this agreement. In the event that historical or
cultural artifacts are discovered at the project site, the RECIPIENT shall also notify
the state historic preservation officer at the Department of Archaeology and Historic
Preservation at (360) 586-3065. Applicability of the National Historic Preservation
Act (NHP A) may require the RECIPIENT to obtain a permit pursuant to Chapter
27.53 RCW prior to conducting on-site activity with the potential to impact historic
properties (such as invasive sampling, dredging, or cleanup actions). .
10. PRECEDENCE
In the event of inconsistency in this agreement, the inconsistency shall be resolved by
giving precedence in the following order: (a) applicable federal and state statutes and
regulations; (b) Scope of Work and most current approved budget plan; (c) Special
Terms and Conditions; (d) Remedial Action Grant Program Guidelines ( e) any terms
incorporated herein by reference including the Administrative Requirements for
Ecology Grants and Loans, Ecology Publication #91-18 (Revised September
2005)(Yellow Book); and (t) the General Terms and Conditions (SS-010 Rev. 05/02).
11. EOUIPMENT ACOmSITION. USE MANAGEMENT. AND DISPOSITION
Equipment Acquisition: The RECIPIENT may purchase equipment needed to
accomplish the scope of work in the grant agreement.
10
Grant No. Gl200178
Site Hazard Assessment
Agreement with Jefferson County Public Health
The RECIPIENT must obtain written approval from the grant manager to purchase
equipment prior to billing costs to the grant agreement. The RECIPIENT is
responsible for any costs the grant manager does not approve. Generally, the grant
manager will need the following information to evaluate requests to purchase
equipment:
1. Description of the equipment, incluclIDg identification of operation and
maintenance items that are to be grant funded (such as insurance, repairs, fuel, etc.)
2. Justification for the purchase, including analysis of rent vs. purchase.
3. Total Cost, including estimate of operation and maintenance costs.
4. Useful life-expectancy of the equipment..
Equipment Use: During the effective dates of the agreement and any amendments
thereto, equipment purchased with grant funds must be used to accomplish activities
funded by the agreement. It may be used for activities not funded by the agreement as
long as that use does not interfere with work on the originally authorized projects.
The RECIPIENT may not use the equipment to provide services for a fee to compete
unfairly with private companies providing equivalent services, unless specifically
permitted by statute. .
The RECIPIENT agrees to make equipment purchased with grant funds available for
use by the DEPARTMENT as long as that use does not interfere with work on the
originally anthorized projects.
Equipment Management: The RECIPIENT agrees to maintain and manage the
equipment properly to optimize its life span. The RECIPIENT must have in place
some form of inventory control system that includes a physical inventory to document
where the equipment is being used, and a maintenance record that insures the
equipment is being kept in good working condition. .
At least once every twQ years, the RECIPIENT must take physical inventory of the
equipment and reconcile the results with their property records. This must continue
until final disposition has been made. The inventory records must be maintained for
audit purposes consistent with other grant records. (Yellow Book, Ecology Publication
#91-18, Revised September 2005)
Equipment records include:
1. Description of the equipment.
2. A serial or other identifYing number; (VlN, manufacturer's, RECIPIENT inventory
tracking, or other identifying number).
3. The source of the equipment (vendor name).
4. The name of the title holder.
5. Purchase date and price.
6. The percentage of the purchase price paid by the DEPARMENT.
7. The location and use of the equipment.
II
Grant No. Gl200178
Site Hazard Assessment
Agreement with Jefferson County Public Health
8. Condition and maintenance records.
9. Final disposition data, including date of disposition and sale price obtained if
applicable. '
Equipment Disposition: When the agreement expires or the equipment is no longer
needed for the originally authorized purpose (whichever comes first), the RECIPIENT
may dispose of any purchased equipment as follows.
1. The RECIPIENT may retain the equipment with no further compensation to the
DEPARTMENT if:
a) The equipment is needed for continued operation, maintenance, or monitoring
of the project or other projects administered through the DEPARTMENT.
b) The equipment is needed for a project that is compatible with the originally
intended use.
2. If the RECIPIENT has no further use for the equipment for the original or
comparable projects, they may retain or sell the equipment and pay the
DEPARTMENT an amount equal to the DEPARTMENT'S share of the current
fair market value, sale proceeds, or other price agreed upon by the grant manager.
If the RECIPIENT elects to sell the equipment, the RECIPIENT is to use sales
procedures ensuring the highest possible return.
The grant mRnRger may instruct the RECIPIENT to transfer title to the
DEPARTMENT or to a third party named by the DEPARTMENT who is eligible
under existing statutes. In this case, the RECIPIENT will be compensated in the
amount equal to its share of the current fair market value of the equipment, or
other price agreed upon by the RECIPIENT.
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
The Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the
RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use
contractor/consultant assistance if that has been included in the agreement's final
scope of work and budget..
B. SUBGRANTEElCONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the
terms and conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT
pursuant to this agreement, the state of Washington is named as an express third party
beneficiary of such subcontracts with full rights as such.
12
Grant No. 01200178
Site Hazard Assessment
Agreement with Jefferson County Public Health
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and
engineering services shall be awarded through a competitive process, if required by
State law. . RECIPIENT shall retain copies of all bids received and contracts awarded,
for inspection and use by the DEPARTMENT. .
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred
or assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
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 federally-funded, 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 certi:lies 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 innnediately terminate this agreement
for cause as provided in Section K.I, 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.
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 :lile to facilitate audits and
inspections.
13
Grant No. G1200178
Site Hazard Assessment
Agreement with Jefferson County Public Health
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT
or by any duly authorized audit representative of the State of Washington for a period
of at least three years after the final grant payment/loan repayment or any dispute
resolution hereunder. If any such audits identify discrepancies in the financial records,
the RECIPIENT shall provide clarification andlor make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be
made available to the DEPAR1MENT and to any authorized state, federal or local
representative for inspection at any time during the course of this agreement andfQrat
least three years following grant/loan termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A 133 (Audits of States,
Local Governments & Non Profit Organizations), including the compliance
Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in
a year in Federal funds. The $500,000 threshold for each year is a cumulative total of
all federal funding from all sources. The RECIPIENT must forward a copy of the
audit along with the RECIPIENT'S response and the final corrective action plan to the
DEP AR1MENT within ninety (90) days of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEP AR1MENT with each
payment request or such other schedule as set forth in the Special Conditions. The
RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays
or adverse conditions which will materially affect their ability to meet project
objectives or time schedules. This disclosure shall be accompanied by a statement of
the action taken or proposed and any assistance needed from the DEPARTMENT to
resolve the situation. Payments may be withheld if required progress reports are not
submitted.
Quarterly reports shall cover the periods January I through March 31, April 1 through
June 30, July 1 through September 30, and October 1 through December 31. Reports
shall be due within thirty (30) days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reintbursab1e
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 msde 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.
14
Grant No. GI200178
Site Hazard Assessment
Agreement with Jefferson County Public Health
The payment request form and supportive docmnents must itemize all allowable costs
by major elements as described in the Scope of Work. Instructions for submitting the
payment requests are found in "Administrative Requirements for Ecology Grants and
Loans", part N, published by the DEPARTMENT. A copy of this docmnent shall be
furnished to the RECIPIENT. When payment requests are approved by the
DEPARTMENT, payments will be made to the mutuaIly agreed upon designee.
Payment requests shall be submitted to the DEP ARTMENTand directed to the Project
Officer assigned to lIdmini><ter this agreement.
2. Period of Compensation. Payments shall only be made for actions of the
RECIPIENT pursuant to the grantJIoari 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 biennimn. Failure to comply may
resuIt 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 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.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to
final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this
grantJIoan 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. TERMINA nON
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 ofit by this agreement, the
DEPARTMENT may refuse to pay any further funds thereunder and/or terminate thiS
agreement by giving written notice of termination.
15
Grant No. Gl200 178
Site Hazard Assessment
Agreement with Jefferson County Public Health
A written notice oftennination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data
studies, surveys, drawings, maps, models, photographs, and reports or other materials
prepared by the RECIPIENT under this agreement, at the option of the
DEP ARlMENT, 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
DEP ARlMENT for damages sustained by the DEP ARlMENT and/or the State of
Washington because of any breach of agreement by the RECIPIENT. The
DEP ARlMENT may withhold payments for the purpose of setoff until such time as
the exact amount of tlRmRges due the DEPARlMENT from the RECIPIENT is
determined.
2. Insufficient Funds. The obligation of the DEPARlMENT 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 upQn the appropriation of funds
during the next fiscal year. The failure to appropriate or allot such funds shall be good
cause to terminate this agreement as provided in paragraph K.l above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent
upon appropriation of funds by the RECIPIENT's governing body; Provided, however,
that nothing contained herein shall preclude the DEPARTMENT from demanding
repayment of ALL funds paid to the RECIPIENT in accordance with Section 0 herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence
work on the project funded herein within four months after the effective date of this
agreement, or by any date mutually agreed upon in writing for commencement of
work, the DEPARTMENT reserves the right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent 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 Dr patent
the same but the DEP ARlMENT retains a royalty free, nonexclusive and irrevocable
liceuse to reproduce, publish, recover or otherwise use the materia1(s) or property and
to authorize others to use the same for federal, state or local government purposes.
16
Grant No. GJ200178
Site Hazard Assessment
Agreement with Jefferson Gounty Public Health
Where federal funding is involved, the federal gove=ent 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 nse
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. Tanglole Property Rights. ,The DEPAR1MENT's current edition of
"Administrative Requirements for Ecology Grants and Loans", Part V, shall control
the use and disposition of all real and personal property purchased wholly or in part
with funds 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 nse 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
RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by
setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered
by this agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the
RECIPIENT shall establish that the cost ofland/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to
acquire title for each parcel prior to disbursement of funds provided by this
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 nses other than those for
which assistance was originally approved without prior written approval of the
DEPARTMENT. Such approval may be conditioned upon payment to the
DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion
or encumbrance which monies granted pursuant to this agreement bear to the total
acquisition, purchase or construction costs of such property.
17
Grant No. G1200178
Site Hazard Assessment
Agreement with Jefferson County Public Health
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These
practices include use of clean energy, and purchase and use of sustainably produced
products (e.g. recycled paper). For more information, see
www.ecy.wa.gov/sustainability. .
O. RECOVERY OF PAYMENTS TO 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 of it by this
agreement, the RECIPIENT may, at the DEPARTMENTs sole discretion, be required
to repay to the DEPARTMENT all grant/Ioan 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 shaI1 accrue at the rate of twelve percent (12%) per year from the time the
DEPARTMENT detnands repayment of funds. Ifpayments have been discontinued
by the DEPARTMENT due to insufficient funds as in Section K.2 above, the
RECIPIENT shaI1 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 DEPARlMENT'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 shaI1 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 shaI1 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.
18
Grant No. G1200178
Site Hazard Assessment
Agreement with Jefferson County Public Health
In connection with appeal of any proceeding under this clause, the RECIPIENT shall
have the opportunity to be heard and to offer evidence in suppOrt of this appeal. The
decision of the Director or duly authorized representative for the determination of such
appeals shall be final and conclusive. Appeals from the Director's determination shall
be brought in the Superior Court of Thurston County. Review of the decision of the
Director will not be sought before either the Pollution Control Hearings Board or the
Shoreline Hearings Board. Pending final decision of dispute hereunder, the
RECIPIENT shall proceed diligently with the performance of this agreement and in
accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who
exercises any function or responsibility in the review, approval, or carrying out of this
agreement, shall participate in any decision which affects hislherpersonal interest or
the interest of any corporation, partnership or association in which he/she is, directly
or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct
or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEP ARlMENTshallinno 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. GOVERNINGLAW
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.
19
Grant No. G1200178
Site Hazard Assessment
Agreement with Jefferson County Public Health
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a)
applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special
Terms and Conditions; (d) Any terms incorporated herein by reference including the
"Administrative Requirements for Ecology Grants and Loans"; and (e) the General
Terms and Conditions. SS-OIO Rev. 04/04
IN WITNESS WHEREOF, the parties hereby sign this Grant:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
JEFFERSON COUNTY
PUBLIC HEALTH
Laurie G. Davies
Program Manager
Waste 2 Resources
Date
~tullrt \Vhitfum JOhl) Aw5ti., Date
Ea'Meflffiefltal Health Dil:eeter .
CMir I "bOLlra.. of' c:'Uflty CorrJml<;,~;or?r-;
Approved as to form only Assistant Attorney GeneralA d -; fi nl
pprove as "'" onn 0 y:
~. I1J9 ZeJ}
Jefferson Co. Prosec Office
20