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HomeMy WebLinkAbout121911_ca12 <!!I-~'" .-" #>"__ . Consent Agenda 1~(~r'b~1 JEFFERSON COUNTY PUBLIC HEALTH ~$~#' 615 Sheridan street" Port Townsend" Washington" 96368 - www.Jeffel8oncountypubDchealth.org JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jean Baldwin, Director DATE: December 19, 2011 SUBJECT: Agenda Item - Agency Agreement - Departmentof Ecology - Coordinated Prevention Grant - Education #G12001$9; ., January 1, 2012 - June 30, 2013; $138,885.33 STATEMENT OF ISSUE: Jefferson County Public Health is requesting Board approval of the Coordinated Prevention Grant- Education, 2012-2013, Department of Ecology, January 1, 2012 - June 30, 2013, $138,885.33. A\'!lALYSIS/STRATEGIC GOALS/PRO'S and CON'S: In this agreement with the Department of Ecology, Jefferson County Public Health (JCPH) will promote and ensure compliance with the solid waste management regulations as identified in the Comprehensive Solid Waste Management Plan and the Hazardous Waste Management Plan. JCPH will educate and encourage waste and pollution reduction through business participation In the Green Business program. JCPH will recruit new businesses into the Green Business Program and review applications and renewals. Positive indicators for sustainable changes in business operations wlli be tracked. As part of waste reduction and recycling, JCPH will also provide education and outreach to residents of Jefferson County, regarding solid waste; encouraging waste reduction, reuse and recycling. FISCAL IMPACT/COST BENEFIT ANALYSIS: This contract provides $104,164.00 funding for January 1, 2012 - June 30, 2013. State revenue is: $104,164.00 with a match requirement of $34,721.33. State funds for this grant have increased by $54, 172 compared to the last grant period. Match funds are allocated in the approved 2012 Public Health budget. COMMUNTIY HEALTH DEVELOPMENTAL DISABILITIES MAIN: (360) 385-9400 FAX: (360) 385-9401 PUBLIC HEALTH ALWAYS WlllliIlIllG FIIIR A SAFE!Illlllil HWTHIER COMMUam ENVIRONMENTAL HEALTH WATERQUALlTY MAIN: (360) 385-9444 FAX: (360) 379-4487 .,;,...'" -' Consent Agenda RECOMMENDATION: JCPH management request approval of the Agency Agreement - Department of Ecology - Coordinated Preventlon Grant - Educatlon #G1200189; January 1, 2012-June 30, 2013; $138,885.33. REVIEWED BY: IJ-IE'/Ir tor Date . COORDINATED PREVENTION GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC HEALTH Grant No.: G1200189 This is a binding agreement entered into by and between the state of Washington Department of Ecology, hereinafter referred to as ECOLOGY or DEPARTMENT, and Jefferson County Public Health, hereinafter referred to as the RECIPIENT, to carry out the activities described herein. JURISDICTION: MAILING ADDRESS: CITY, STATE, ZIP: RECIPIENT GRANf COORDINATOR: TELEPHONE: FAX: E-MAIL: RECIPIENT BILLINGllNVOICE COORDINATOR: TELEPHONE: FAX: E-MAIL: ECOLOGY GRANT OFFICER: TELEPHONE: FAX: E-MAIL: FUNDING SOURCE MAXIMUM ELlGffiLE COST STATE GRANf SHARE LOCAL SHARE STATE MAXIMUM GRANf PERCENT FEDERAL TAX lDENTIFICATIONNO. EFFECTIVE DATE OF THE AGREEMENT EXPIRATION DATE OF THE AGREEMENT Jefferson County Public Health 615 Sheridan Port Townsend, W A 98368 Veronica K. Shaw 360-385-9409 veronica@co.jefferson.wa.us Susan Parke 360-385-9437 360-385-9401 sparke@co.jefferson.wa.us Tarni Ramsey 360-407-{i612 360-407-6305 tami.ramsey@eey.wagov Local Toxies Control Account $138,885.33 $104,164 $34,721.33 75% 91-6001322 01'{)1-2012 06-30-2013 GmntNo. G1200189 Jefferson County Public Health Page2of17 PART 1: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT'S activities to be performed under this agreement. Costs are limited to those approved by ECOLOGY as outlined in the scope of work and budget. The RECIPIENT must complete all delivembles by the expimtlon date of this agreement, including delivery of purchases, unless otherwise stated in the scope of work or approved by ECOLOGY in writing. Note; The term "task" as used in this agreement is interchangeable with the term "projecf' as used on the online Solid Waste Information Clearinghouse and "element" as used on payment request forms. The "Maximum Eligible Cost" is the maximum amount of eligible costs incurred by a RECIPIENT that ECOLOGY can reimburse at a rete of75 percent under this agreement. The RECIPIENT shall identifY the work plan, deliverables, and activities by "Quarter". A quarter is defined by calendar year and begins with the first three months of the gmnt period. The RECIPIENT may negotiate changes to the work plan direct1y with the ECOLOGY gmnt officer; no formal amendmeut is required to change the work plan. Both parties shall document mutually agreed changes in their gmnt file. CATEGORY: SOLID WASTE ENFORCEMENT MaxImum EUglble Task Cost: $138,885.33 1. TASK TITLE: SOLID WASTE ENFORCEMENT Sub-Task 1 SOLID WASTE HANDLING FACILITY AND SITE COMPLIANCE Task Description: RECIPIENT shall monitor solid waste handling facility compliance with applicable state solid waste regulations including but not limited to Chapter 173-350 WAC, Solid Waste Handling Standards, Chapter 173-351 WAC, Criteria for Municipal Solid Waste Lan4fills, Chapter 173-304 WAC, Mmimum Functional Standards for Solid Waste Handling. and any related local solid waste regulations, or codes. RECIPIENT shall accomplish monitoring of solid waste handling facilities and sites as prescribed by the applicable solid waste regulation(s), including but not limited to inspections and oversight, review of groundwater data, and annual review of financial assumnce. RECIPIENT shall file all issued permits to the appropriate regioual Waste 2 Resources Section Manager within seven (7) days following issuance in accordance with WAC 173-350-710 (2) (c). New solid waste permit applications and notices of exemption considered during the gmnt period for facilities not listed in this task may be managed under this agreement. Grant No. Gl200189 Jefferson County PubIle Health Page3of17 RECIPIENT shall meet the terms of the applicable regulations for the following activities: . Pennit issuance - WAC 173-350-710 (2) . Permit renewals- WAC 173-350-710 (3) and Chapter 70.95.190 RCW . Pennit modifications - WAC 173-350-710 (4) . Inspections-WAC 173-350-710 (5) . Pennit suspension and appeals- WAC 173-350-710 (6) . Variance- WAC 173-350-710(7) . Pennit deferral- WAC 173-350-710 (8) There are seven (7) solid waste facilities or sites currently identified in Jefferson County with an active solid waste permit: . Jefferson County Transfer Station . Jefferson County MRW Facility . Port Townsend Paper Landfill . Indian Island Inert Landfill . Jefferson County Recycling Center . Port Townsend Biosolids Composting Facility . Quilcene Drop Box Permit renewals for the following facilities shall be Issued per Chapter 173.350.710 (3) WAC and Chapter 70.95.190 RCW. There is one (I) solid waste facility or site currently Identified in Jefferson County in post closure status: . Jefferson County Closed Landfill RECIPIENT may inspect and monitor sites that are in "exempt" status. There are four (4) solid waste facilities or sites currently Identified in Jefferson County in exempt status: . Leavitt Trucking & Excavating . Peninsula Auto Wrecking . Valley View Dairy Compost . Miles Sand & Gravel Shine Facility RECIPIENT may review annually the compliance status of any solid waste handling facility operating under a permit deferral approved in accordance with WAC 173-350-710 (8). RECIPIENT may contact Ecology staff when a facility is found to be out of compliance to determine appropriate corrective actions. RECIPIENT shall report corrective or enforcement actions on the standard grant reporting forms for the quarter in which the activity occurred. All grant funded activities shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use sub-recipient services as it is identified in the task's scope of work and budget. The DEPARTMENT shall in no way be held responsible for reimbursement of salaries, consultant's fees, and other costs related to the task except as provided in the task's scope of work. Generally, the following activities and associated costs are eligible Grant No. 01200189 Jefferson County Public Health Page4of17 for reimbmsement under this task. Time accounting and invoices submitted witb tbe RECIPIENT's request for reimbmsement must support eligible costs. . Staff time o Inspections, monitoring. follow-up, including permit writing. and reports o Review groundwater monitoring data o Provide Technical assistance o Research emerging solid waste issues o Attend related trainings (grant officer prior approval recommended) o Participate in solid waste organizations (grant officer prior approval recommended) . Purchased services o Laboratory services as may be necessary to determine facility compliance with solid waste standards, including confirmatory groundwater analyses . Sub-recipient services o None Identified under this task Goal Statement: The goal of this task is to protect human healtb and tbe environment by monitoring compliance witb state and local solid waste regulations. Ontcome Statement: The RECIPIENT expects to complete at least one inspection per calendar year at each pertnitted solid waste facility or site Identified under this task. Work Plan, DeUverables and Activities Timeline: QI Develop/submit prospective annual inspection schedule to grant officer Accomplish facility and otber inspections as scheduled Follow-up as required I needed Provide oversight I monitor for compliance . Q2 - Q4 Accomplish facility and other inspections as scheduled Follow-up as required I needed Provide oversight I monitor for compliance QS-Q6 Same as Ql Method of Evaluation: RECIPIENT will track oversight for solid waste facilities/sites, complete quarterly progress reports through tbe Solid Waste Information Clearinghouse, and submit copies of inspection reports to grant officer for inspections conducted in tbe quarter; file all issued permits as descrihed above. If grant funds are used for laboratory services, the RECIPIENT will note tbe sites and briefly describe tbe analytical results in tbe corresponding quarterly progress report. Grant No. 01200189 Jefferson County Public Health Page S of17 Sub-Task 2 SOLID WASTE INVESTIGATION, ASSISTANCE AND ENFORCEMENT Task Description: RECIPIENT shall investigate solid waste related complaints or concerns, including, at RECIPIENT'S discretion, assisting in the proper handling of abandoned or illegally stored junk or nuisance vehicles. RECIPIENT shall offer technical assistance about solid waste regulations and how to prevent violations. RECIPIENT shall enforce as necessary. RECIPIENT shall provide public education about proper handling and disposal methods. All grant funded activities shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use sub-recipient services as it is identified in the task's scope of work and budget. The DEPARTMENT shall in no way be held responsible for reimbursement of salaries, consultant's fees, and other costs related to the task except as provided in the task's scope of work. Generally, the following activities and associated costs are eligible for reimbursement under this task. Time accounting and invoices submitted with the RECIPIENT's request for reimbursement must support eligible cOsts. . Staff time o Investigate solid waste related complaints or concerns o Follow up, including enforcement o Provide technical assistance for proper handling and disposal of solid waste o Research emerging solid waste issues o Attend related trainings (grant officer prior approval recommended) o Participate in solid waste organizations (grant officer prior approval recommended) . Purchases o Communication o Vehicle use o Office supplies (to the extent it is not covered in the overhead) o Tools (grant officer prior approval recommended) o Costs related to education I outreach . Sub-recipient services o None identified under this task Goal Statement: The goal of this task is to protect human health and the environment by ensuring compliance with local and state solid waste regnlations. Outcome Statement: Over the 18 month grant period, RECIPIENT expects to investigate and resolve 140 solid waste complaints or concerns. RECIPIENT expects to assist in the proper handling of 140 junk or nuisance vehicles. Work Plan, Deliverables and Aetivities Timellne: QI - Q6 Investigate and resolve solid waste complaints and concerns, follow-up and enforce as necessary, research emerging solid waste issues GrnntNo. Gl200189 Jefferson County Public Health Page6of17 Method of Evaluation: RECIPIENT will track the number of investigations and resolutions (Including enforcement actions), numbers of general assistance provided, and will report this information quarterly in the Solid Waste Information Clearinghouse. PART 2: BUDGET PART 3: BUDGETCONDffiONS A. ECOLOGY requires the RECIPIENT to provide a match of25 percent of the maximum eligible cost with cash or interIocal costs. InterIocaI costs are the only type of in-kind contributions the RECIPIENT may use as match. B. Ifparties are contributing to the local share of task costs (match) through interlocal-in kind contributions, the RECIPIENT shall negotiate a memoranda of understanding or other written agreement confirming the contribution between the parties. These agreements shall specifY the exact work to be accomplished and be signed by ail parties contributing to the local match of this task. Copies of these agreements shall be made part of the RECIPIENT'S grant file and submitted to ECOLOGY. C. Overheed is eligible at a rate up to 25 percent of staff salaries and benefits for actuaI time spent on tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are eligible (excluding time spent to write a grant application). D. The RECIPIENT must submit a written request to ECOLOGY to amend budgets between grant tasks, to modifY a scope of work, or for a budget increase or decrease. To increase or decrease the agreement's total maximum eligible cost or change the scope of work for any tasks as outlined in this grant agreement, ECOLOGY requires a formal amendment. E. The RECIPIENT must provide ECOLOOY with an updated Spending Plan when requested by ECOLOOY. Grant No. 01200189 JeffClllOn County Public Health Page 7ofl7 F. Any work performed or costs incurred prior to the effective date or after the expiration date of this agreement will be at the sole expense of the RECIPIENT. PART 4: SPECIAL TERMS AND CONDITIONS A. BILLING 1. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a payment request to ECOLOGY at least quarterly (by calendar year), but no more often than once per month. 2. The RECIPIENT must submit payment requests on approved State Invoice Voucher forms: A 19- IA, B11B2, CIIC2. Until there is a change in agency policy, the recipient must submit an A-19 signed in blue ink by an authorized person. The B2 and C2 forms are acceptable in electronic format The RECIPIENT must also include all backup documentation to support costs itemized on Form CI/C2. The budget is organized by task and therefore, the RECIPIENT shall itemize costs by task on Form CIIC2 and Form B11B2. Forms BI andCI are used only when interlocal costs are used towards the 25% match. 3. Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity, as required by ECOLOGY'S Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication #91-18. 4. Payment to RECIPIENT will be issued through Washington State's Office of Enterprise Services (DES). DES maintains a centra1 vendor file for Washington state agency 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.ofm.wa.gov/isd/vendors/oavee registration.doc) to .DES. If you have questions about the vendor registration process you can contact DES at the Payee Help Desk at (360) 664-7779 or email to oaveehelodeskuv.ofm.wa.gov. B. REPORTING 1. The RECIPIENT shall submit a progress report with each payment request but no less often than quarterly unless otherwise approved by ECOLOGY. These reports shall include activities that support incurred costs shown on the C I or C2 of the payment request, and must be submitted on- line through the Solid Waste Ioformation Clearinghouse. 2. RECIPIENT's must submit a fina1 report of task outcomes through the Solid Waste Ioformation Clearinghouse. The final report must be submitted before ECOLOGY can process a final payment request a Final Performance Analysis (FPA) reports are used for all Planning and Implementation tasks and special tasks in a solid waste enforcement grant (special tasks do not include regular solid waste enforcement work such as enforcing solid waste codes). b. For Solid Waste E7iforcement tasks, recipients must submit their final quarterly solid waste enforcement progress report. Grant No. 0\200189 Jefferson County Public Health Page 8of17 C. DOCUMENTATION 1. The RECIPIENT shall submit supporting documents with each payment request. This includes cancelled checks, invoices, purchase receipts, payroll records, time and attendance records, contract award docmnents, and any document deemed relevant by ECOLOGY to establish the approval of an expense itemized on Form CI/C2. Documentation shall be clear and legible and organized by task in the order in which it is itemized on Form CIIC2. 2. The RECIPIENT shall maintain in a common file, grant related material and supporting documents including invoice vouchers sent to ECOLOGY. The Recipient shall keep all supporting documents for audit purposes for at least three years from the date the agreement is closed by ECOLOGY. 3. The RECIPIENT shall use the ECOLOGY provided Form E, or an equivalent time accounting document approved by ECOLOGY, to record staffhours being charged to the grant. D. TRAINING The RECIPIENT agrees to participate in any ECOLOGY recommended trainings related to managing a CPG agreement. E. MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified ritinority-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 hased 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. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. f) The RECIPIENT should report payments made to qualified firms to ECOLOGY at the time of submitting each invoice. Please include the following information on ECOLOGY provided form (Form D). Grant No. GJ200189 Jefferson County Public Health Page9ofl7 g) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the Invoice, including any sub-andlor sub-subcontractors. h) The total dollar amount paid to qualified firms under this Invoice. F. PROCUREMENT AND CONTRACTS a) The RECIPIENT shall provide written certification that it will follow its standard procurement procedures and/or applicable state law In awarding contracts; RECIPIENTS with no formal procurement procedures most certify that they have complied with the "Standards for Competitive Solicitation," found in Part V of the Administrative Requirements for Recipients of Ecology Grants and Loans - Yellow Book, Ecology Publication #91-18 (Revised September 2005). b) Upon issuance, the RECIPIENT shall submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to this grant agreement to ECOLOGY'S grant officer. c) Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy of the draft proposed contract to ECOLOOY'S grant officer for review. Following the contract execution, the RECIPIENT shall submit a copy of the final contract to ECOLOOY's assigned grant officer. d) Unless a specific purchase of equipment or real property is already written Into the grant agreement, the RECIPIENT most submit a written request to ECOLOOY to purchase any equipment or real property (Property) with a single unit purchase price of$5,ooO or more. The request sha1llnclude the justification for the purchase of the property, the total cost, the intended use, and the anticipated useful life of the property. The request most be approved in writing by ECOLOOY prior to the purchase. G. USEOFE~STINGCONTRACTS The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if it plans to use 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 signed contract to its assigned ECOLOOY grant officer. The grant eligibility of products or services secured by the RECIPIENT under existing contracts used to perform the scope of work In this agreement most be deemed allowable and reasonable by ECOLOOY prior to cost reimbursement. H. PROPERTY AND EOUlPMENT MANAGEMENT AND DISPOSmON For equipment or property purchased with a cost of at least $5,000 per unit or functional system, the RECIPIENT most utilize an Inventory control system, Including physical inventory to document the ongoing use, a description of the item (including serial or vehicle identification number [VIN] when possible), and location. This information shall be submitted to ECOLOGY upon request unti1 final disposition is made. The RECIPIENT shall investigate, document, and report to ECOLOOY any loss, theft or damage upon discovery of such conditions. The RECIPIENT will follow manufacturer recommended maintenance procedures to keep the property in good operating condition. Grant No. 01200189 Jefferson County Public Health Page lOof17 The RECIPIENT shaH submit a written request to the ECOLOGY for any intent to change the use of the equipment as outlined in this grant agreement, including uses past the expiration date of this agreement. Disposition of the equipment shall be determined by ECOLOGY and documented in writing. A copy of the determination wiH be provided to the RECIPIENT upon ECOLOGY's closure of the grant agreement unless already identified in the task's scope of work. a. If the equipment is necessmy for the continued operation of the project or other projects administered through ECOLOGY, the grant officer may instruct the recipient to retain the equipment with no further compensation to ECOLOGY. b. If the project has no further significant use for the equipment, the grant officer may instruct the recipient to retain or seH the equipment and pay ECOLOGY an amount equal to ECOLOGY's share of the current fair market value, sale proceeds or other price agreed upon by the grant officer. c. The grant officer may instruct the recipient to transfer title to ECOLOGY or to a third party named by ECOLOGY who is eligible under existing statutes. I. ALL WRITINGS CONTAINED HEREIN This agreement, including the "General Terms and Conditions," Program Guidelines- Coordinated Prevention Grants 2012-2013, and ECOLOGY'S Administrative Requlrementsfor Recipients of Ecology Grants and Loans, Ecology Publication #91-18, contain the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s) of this grant agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made part of this agreement. J. ARCHEOLOGICAL AND CULTURAL RESOURCES The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to the archeological or culturaI resolD'ces. RECIPIENT shall immediately cease work and notify ECOLOGY if any archeological or culturaI resources are found while conducting work under this agreement. In the event that historical or culturaI artifacts are discovered at the project site, the RECIPIENT shall also notifY the state historic preservation officer at the Department of Archaeology and Historic Preservation at (360) 586-3065. Applicability of the National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact historic properties (such as invasive sampling, dredging, or cleanup actions). K. ENVIRONMENTALLY PREFERRABLE PURCHASING In a joint effort to save costs, produce energy savings and prevent waste, the RECIPIENT agrees to use both sides of paper sheets for copying and printing. The RECIPIENT also agrees to purchase paper products with a high level of post consumer recycled content whenever it is comparable in quality, availability and price. Grant No. 01200189 Jefferson County Public Health Page 11 of17 PART 5: GENERAL TERMS AND CONDmONS A. RECIPIENT PERFORMANCE All activities for which grantlloan ftmds 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. SUBGRANTE~CONTRACTORCOMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process. if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITII 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-ftmded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan ftmds available to women or minority owned businesses. 3. Wages and Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT Grant No. G1200189 Jefferson County Public Health Page 12of17 shall have the right to immediately 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 I. The RECIPIENT shall maintain complete program and financial records reiating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant!loan 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 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 periud ofa! least three years after the final grant paymentlloan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection a! any time during the course of this agreement aud for a! 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 muat forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld ifrequired progress reports are not submitted. Quarterly reports shall cover the periods January I through March 31, April I through June 30, July I through September 30, and October I through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. Grant No. 01200189 Jefferson County Public Health Page 13 of I? 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 "Administrative Requirements for Recipients of Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, 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 ndminilltef this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/Ioan 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. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to finaI audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant!Ioan 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 the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder andlor terminate this agreement by giving written notice of termination. Grant No. Gl200189 Jefferson County Public Health Page 14of17 A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPAR1MENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfuctory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEP AR1MENT for damages sustained by the DEP AR1MENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPAR1MENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPAR1MENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEP AR1MENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.I above. When this agreement crosses the 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 RECIPIENTs governing body; provided, however, that nothing contained herein shall preclude the DEPAR1MENT 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 I. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federaI funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 V.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information Gl'lIntNo. Gl200189 Jefferson County Public Health Page 15of17 supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of" Administrative Requirements for Recipients of Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with ftmds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be retorned 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 ftmds for the acquisition of land or facilities: a. Prior to disbursement of ftmds 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 contempleted by this agreement. 6. Conversions. Regardless of the contract termination dete shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natoral 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 ofsustainably produced products (e.g. recycled paper). For more information, see www.ecy.wa.gov/sustainabllity. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon setisfactory perfonnance 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 perfonn obligations required ofit by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grantI10an ftmds 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. Grant No. Gl200189 Jefferson County Public Health Page 16 of17 Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment offunds. Ifpayments 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 DEPARTMENTS property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECf 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 determinilti.on 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 ntherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be finaI 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 finaI decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICf 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 his/her 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. INDEMNIFICATION I. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultanfs fees, and other costs related to the project described herein, except as provided in the Scope of Work. , PROCUREMENT CERTIFICATION FORM Recipient: JEFFERSON COUNTY PUBLIC HEALTH Grant Name: COORDINATED PREVENTION GRANT Grant No.: G1200189 The undersigned, on behalf of the RECIPIENT, certifies that the RECIPIENT: (RECIPIENT check and complete one of the following) x- will follow RECIPIENTs own adopted procurement procedures and applicable state law in procuring grant-related pUblic works contracts, professional and personal services contracts, and purchase agreements. The procurement procedures were aS2R~~d :ru..Y\.~ \. t'\'12 (date) by "J<z.~", ~ cf< ~l':l-~':'CaaapJing authority) and are recorded in ~.u.\I(~~ ~ \,,\hlv.~ ~IC ~"^.~ ~-\vc;r-K (document name). having no applicable, adopted procurement procedures, will follow the Standards for Competitive Solicitation found in the Administrative Reauirements for EcolOQv Grants and Loans, WDOE 91-18 (Revised September 2005) (AKA the "Yellow Book"), and applicable state laws in procuring grant-related public works contracts, professional and personal services contracts, and purchase agreements. AUTHORIZED SIGNATURE DATE TIJ1 . ~~ LEGAL COUNSELS NATURE c.:tt 1 &f ~ 1"d L ""D-elI TITLE lz.}912iJ11 ATE , Grant No. 01200189 Jefferson County Public Health Page 17of17 2. To the extent that the Constitution and laws of the State of Washington permit, each Pllltr 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 PlIItr or that PlIItr's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (e) the General Terms and Conditions. IN WITNESS WHEREOF, the parties sign thls Agreement: STATEOFWASIDNGTON DEPARTMENT OF ECOLOGY JEFFERSON COUNTY PUBLIC HEALTH Laurie G. Davies Program Manager Waste 2 Resources Progmm Date SigoatOl)' Date Printed Name and Title of SigoatOl)' APPROVED AS TO FORM ONLY Assistant Attorney General Approved as ". form on1.y: . . fZ.)f/ztJ/f mce