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Home My WebLink About022112_ca05 .ON -- . Consent Agenda (~~~'b~: JEFFERSON COUNTY PUBLIC HEALTH "'4~:') 615 Sheridan Street . Port Townsend' Washington' 98368 . '1"'0 www.Jeffeltloncountypubllchealth.org February 3, 2012 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST \fU~CEiVE\QJ FROM: DATE: Board of County Commissioners Philip Morley, County Administrator FEB 14 2012 Jared Keefer, Environmental Health ~l~~ to Pi SON CO l)J N lY F-€-br~(lr'l ;20 I .;t.ol'd.- COMMlSSiONER$ TO: SUBJECT: Agenda Item - Agency Agreement - Department of Ecology - Coordinated Prevention Grant - Education #G1200380; January 1, 2012 - June 3D, 2013; $126,666.67 STATEMENT OF ISSUE: Jefferson County Public Health, Environmental Health, Is requesting Board approval of the Agency Agreement - Department of Ecology - Coordinated Prevention Grant - Education #G1200380; January 1, 2012 - June 30, 2013; $126,666.67 ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: In this an ongoing agreement with Washington State Department of Ecology. JCPH will promote and ensure compliance with the solid waste management regulations as Identlfled In the Comprehensive Solid Waste Management Plan and the Hazardous Waste Management Plan. Waste Reduction and Recycling: Green Business Program Public Health currently has 24 businesses Involved with the Green Business Program and has a goal of bringing at least flve more businesses on board In the next 18 months. JCPH will work towards addItional business participation In the Green Business Program, encouraging waste reduction and pollution prevention and conservation of valuable resources. JCPH will recruit new businesses, review applications and renewals, and promote current Green Businesses. As a part of waste reduction and recycling, JCPH will also provide education and outreach to residents of Jefferson County, regarding solid waste, to encourage waste reduction, re-use and recycling. COMMUNITY HEALTH DEVELOPMENTAL DISABILITIES MAIN: (360) 385-9400 FAX: (360) 385-9401 PUBLIC HEALTH m.WAYS WClIllDIG FIIII.!l5.!lF~1I AIl11 IIIWTHIER COMMUNm ENVIRONMENTAL HEALTH WATER QUALITY MAIN: (360) 385-9444 FAX: (360) 379-4487 Consent Agenda Moderate RIsk Waste (MRW): EnvlroStars Program Currently there are 21 businesses partldpatlng In the EvlroStars program. JCPH Is committed to sIgn at least 5 more business to participate In the EnvlroStars Program within the next 18 months. JCPH wUl continue to promote EnvlroStars Business' for their commitment In reducing their use of hazardous waste and ensure proper storage and dIsposal of all hazardous waste. JCPH will recruit new businesses, review applications and renewals, and conduct annual Inspections. JCPH will also distribute education materials to busInesses and residents In Jefferson County. t=JSCAL,II'4PACT/COST BENEm ANALYSIS: The grant provides for $126,666.67 In revenue with a 75/25 match. $31,666.67 match will come from the County General Fund as reflected In 2012 budget RECOMMENDATIO& JCPH management request approval of the Agency Agreement - Department of Ecology - Coordinated Prevention Grant - Education #G1200380j January 1, 2012 - June 30, 2013; $126,666.67 2-~6/2- Date (Routed to all Public Health Managers) COORDINATED PREVENTION GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC HEALTH Grant No.: G1200380 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 GRANT COORDINATOR: TELEPHONE: FAX: E-MAIL: RECIPIENT BILLINGIINVOICE COORDINATOR: TELEPHONE: FAX: E-MAIL: ECOLOGY GRANT OFFICER: TELEPHONE: FAX: E-MAIL: FUNDING SOURCE MAXIMUM ELIGffiLE COST STATE GRANT SHARE LOCAL SHARE STATE MAXIMUM GRANT PERCENT FEDERAL TAX IDENTIFICATION NO. EFFECTNE DATE OF THE AGREEMENT EXPIRATION DATE OF THE AGREEMENT Jefferson COlntty Public Health 6 I 5 Sheridan Street Port Townsend, W A 98368 Veronica Shaw 360-385-9444 360-379-4487 veronica@eo.jeffersan.wa.us Susan Parke 360-385-9437 360-385-940] sparke@co.jefferson.wa.us Tami Ramsey 360-407-6612 360-407-6305 tami.ramsey@ecy.wa.gav Local Taxies Control Account $126,666.67 $ 95,000 $3 I ,666.67 75% 91-6001322 01-01-2012 06-30-2013 Grant No. G1200380 Jefferson County Public Health Page 2 of17 PART 1: SCOPEOFWORK 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 deliverables by the expiration 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 "project" as used on the online Solid Waste Information Clearinghouse and "element" as used on payment request forms. The term "sub-recipient" as used in this agreement references the third party in a contract with RECIPIENT that performs any activity in a task's scope of work on behalf of the RECIPIENT. The "Maximum Eligible Cost" is the maximum amount of eligible costs incurred by a RECIPIENT that ECOLOGY can reimburse at a rate 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 grant period. The RECIPIENT may negotiate changes to the work plan directly with the ECOLOGY grant officer; no formal amendment is required to change the work plan. Both parties shall document mutually agreed changes in their grant file. CATEGORY: WASTE REDUCTION & RECYCLlNG 1. TASK TITLE: RECYCLING PROGRAM SUPPORT Maximum Eligible Task Cost: $30,000 Activity 1 - Green Business Description: RECIPIENT wiIl continue the Jefferson County Green Business Program by providing technical assistance to existing participants, and certifying new businesses that meet a high standard of environmental performance. Businesses are encouraged to enter the program voluntarily and those that commit to conserve resources, reduce waste, and recycle through the Green Business Program are rewarded through public recognition. RECIPIENT will manage an annual renewal process to maintain existing business participants. RECIPIENT may promote the program through various media and sources including but not limited to newsprint, radio, websites, presentations, facility tours, direct mailings, informational booths at local community events, and presentations to target audiences. Activity 2 - Public Outreacb RECEIPIENT will continue to promote countywide waste reduction, recycling and reuse options through classroom presentations, public events, and other outreach opportunities. Under this task, RECIPIENT staff may participate in trainings, workshops and or affiliations in order to stay current with emerging solid waste issues. RECIPIENT is identified as a Local Source Control (LSC) partner and does have program ties to the business outreach efforts the LSC program provides. This agreement will not reimburse time or costs for work normally conducted under the LSC program. Grant No. G1200380 Jefferson County Public Health Page 3 of 17 Reimbursement for costs incurred by contractors to implement CPG funded activities are subject the same eligibility and reimbursement requirements as the RECIPIENT, and require grant officer approval. . The following activities and associated costs are identified as generally meeting the CPO program eligibility requirements for this task. Invoices submitted with the RECIPIENT's request for reimbursement must support eligible costs. . Staff time o Technical assistance, recruiting, presentations o Develop I update I distribute educational materials o Education outreach o Attend related trainings, workshops, meetings . Purchases o Outreach materials, related costs o Advertising costs . Contracted services o None identified for reimbursement under this task Goal Statement: The goal of this task is to reduce waste. Ontcome Statement: Over the 18 month grant period, RECIPIENT expects to recruit five (5) new Green Businesses into the certification program and retain 28 currently certified businesses. RECIPIENT expects to motivate the expected increase in the county's recycling rate by 5% from 20% to 25%. Work Plan, Deliverab1es and Activities TimeliDe: QI Support existing Green Businesses, initiate outreach to business community, continue public outreach Q2-Q6 Support existing Green Businesses, complete at least one (I) new Green Business certification, continue public outreach Method of Evaluation: The RECIPIENT will track the number of new businesses contacted, results of contacts, and report quarterly; will track number of presentation/events attended and report participation at presentations. RECIPIENT will track time spent on this task. Recycling rate information will be provided under a separate grant agreement with Jefferson County Public Works for this period. Grant No. 01200380 Jefferson County Public Health Page 4 of 17 CATEGORY: MODERATE RISK WASTE (MRW) 2. TASK TITLE: MRW PROGRAM SUPPORT Maximum Eligible Task Cost: $96,666.67 Activity 1- EnviroStars Program Description: RECIPIENT will continue the EnviroStars Program and will reward responsible environmental pmctices that prevent pollution of waters, land and air through a developed recognition program. Activity 2 - Public Outreach Description: RECIPIENT will provide public education about waste reduction, reuse and local recycling opportunities for household hazardous waste through distribution of educational material and presentations to target audiences. Under this task, RECIPIENT will encoumge environmentally prefemble purchasing, less toxic alternatives, and promotion of the local MRW facility. RECIPIENT may promote the program through various media and sources including but not limited to newsprint, redio, websites, presentations, facility tours, direct mailings, informational booths at local community events, and presentations to target audiences. RECIPIENT staff may participate in tminings, workshops and or affiliations in order to stay current with emerging solid waste issues. RECIPIENT is identified as a Local Source Control (LSC) partner and does have program ties to the business outreach efforts the LSC program provides. This agreement will not reimburse time or costs for work normally conducted under the LSC program. As of January I, 2013, expenses covered under the implementation of the Mercury Containing Lights Law (Chapter 70.275 RCW), will not be eligible for CPO reimbursement. Consult your grant officer for more information. Reimbursement for costs incurred by contractors to implement CPO funded activities are subject the same eligibility and reimbursement requirements as the RECIPIENT, and require grant officer approval. The following activities and associated costs are identified as generally meeting the CPO program eligibility requirements for this task. Invoices submitted with the RECIPIENT's request for reimbursement must support eligible costs. . Staff time o Technical assistance, recruiting, presentations o Develop I update I distribute educational materials o Education outreach o Attend related trainings, workshops, meetings . Purchases o Outreach materials, related costs Grant No. G1200380 Jefferson County Public Health Page 5 of17 o Advertising costs . Contracted semCll$ o None identified for reimbursement under this task Goal Statement: The goal of this task is to increase business participation in the program and to educate the public about disposal options. Onteome Statement: Over the 18 month grant period, RECIPIENT expects five (5) new businesses will be certified EnviroStars. Work Plan, Deliverables and Activities Timeline: Q2 - Q6 Support certified EnviroStar businesses, initiate outreach to business community, public education Support certified EnviroStar businesses, complete at least one (l) new EnviroStar certification, continue public education and MRW program promotion Ql Method of Evaluation: RECIPIENT will track businesses contacted and report quarterly, and will track the number of new certifications. RECIPIENT will track time spent on this task. PART 2: BUDGET Grant No. G1200380 Jefferson County Public Health Page 6 of 17 PART 3: BUDGET CONDmONS A. ECOLOGY requires the RECIPIENT to provide a match of25 percent of the maximum eligible cost with cash or interloca1 costs. Interlocal 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 all 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. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual 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 ECOLOGY with an updated Spending Plan when requested by ECOLOGY. 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 CONDmONS A. BILLING J. 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- lA, BI/B2, Cl/C2. 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 CI/C2 and Form BI/B2. Forms BI and CI 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 #9 I -18. Grant No. G1200380 Jefferson County Public Health Page 7 of!7 4. Payment to RECIPIENT wiII be issued through Washington State's Office of Enterprise Services (DES). DES maintains a central vendor file for Washington state agency use to process vendor payments. This allows vendors to receive payments from all participating state agencies. RECIPffiNTS 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/isdlvendors/pavee 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 paveehelpdesk@ofin.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 Cl or C2 of the payment request, and must be submitted on- line through the Solid Waste Information Clearinghouse. 2. RECIPffiNT's must submit a final report of task outcomes through the Solid Waste Information 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 enforcemeut grant (special tasks do not include regular solid waste enforcement work such as enforcing solid waste codes). b. For Solid Waste Enforcement tasks, recipients must submit their final quarterly solid waste enforcement progress report. C. DOCUMENTATION I. 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 documents, and any document deemed relevant by ECOLOGY to establish the approval of an expense itemized on Form C I/C2. Documentation shall be clear and legible and organized by task in the order in which it is itemized on Form CI/C2. 2. The RECIPmNT 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 staff hours being charged to the grant. D. TRAlNING The RECIPIENT agrees to participate in any ECOLOGY recommended trainings related to managing a CPG agreement. Grant No. 01200380 Jefferson County Public Health Page 80fl7 E. MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT is encouraged 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 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 fmns to ECOLOGY at the time of submitting each invoice. Please include the following information on ECOLOGY provided form (Form D). g) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. h) The total dollar amount paid to qualified firms under this invoice. F. PROCUREMENT AND CONTRACfS 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 must 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 - Yelluw 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 ECOLOGY'S grant officer for review. Following the contract execution, the RECIPIENT shall submit a copy of the final contractto ECOLOGY's assigned grant officer. Grant No. 01200380 Jefferson County Public Health Page 9 of17 d) Unless a specific purchase of equipment or real property is already written into the grant agreement, the RECIPIENT must submit a written request to ECOLOGY to purchase any equipment or real property (Property) with a single unit purchase price of$5,000 or more. The request shall include the justification for the purchase of the property, the total cost, the intended use, and the anticipated useful life of the property. The request must be approved in writing by ECOLOGY prior to the purchase. G. USE OF EXISTING CONTRACTS 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 ECOLOGY 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 must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement. H. PROPERTY AND EOUlPMENT MANAGEMENT AND DISPOSITION For equipment or property purchased with a cost of at least $5,000 per unit or functional system, the RECIPIENT must 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 until final disposition is made. The RECIPIENT shall investigate, document, and report to ECOLOGY 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. The RECIPIENT shall 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 will be provided to the RECIPIENT upon ECOLOGY's closure of the grant agreement unless already identified in the task's scope of work. o If the equipment is necessary 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. o If the project has no further significant use for the equipment, the grant officer may instruct the recipient to retain or sell 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. o 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 Requiremenrsfor Recipients of Ecology Grants and Loans, Ecology Publication #9] -18, contain the entire understanding between the parties, and there are no other understandings or representations Grant No. G1200380 Jefferson County Public Health Page 10 of1? except as those set forth or incorpomted 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 cultural resources. RECIPIENT shall inunediately cease work and notifY ECOLOGY 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). 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. PART 5: GENERAL TERMS AND CONDmONS A. RECIPIENT PERFORMANCE All activities for which grantIJoan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contrector/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 th is 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. Grant No. Gl200380 Jefferson County Public Health Page 11 of1? 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 shaIl comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shaIl 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 grantlIoan funds available to women or minority owned businesses. 3. Wages and Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARlMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.l, 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 shaH 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 grantlIoan 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 grantlIoan 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 paymentlIoan 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. Grant No. G1200380 Jefferson COlIDty Public Health Page 12 ofI7 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shan meet the provisions in OMB Circular A-133 (Audits of Stares, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-B3, 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 DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions. which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 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. J. COMPENSATION I. 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 administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grantlloan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. Grant No. 01200380 Jefferson County Public Health Page 13 of 17 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. S. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to fmal audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grantlloan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION I. 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 unjustiflllbly fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all fmished 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 DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative 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.1 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 Grant No. G1200380 Jefferson County Public Health Page 140f17 mutually agreed upon in writing for commencement of work, the DEP AR1MENT 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 DEPAR1MENT. 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 DEP AR1MENT 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 federal funding is involved, the federal govennnent 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 DEPAR1MENT; present papers, lectures, or seminars involving information supplied by the DEPAR1MENT; 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 contrul the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPAR1MENT in the absence of state, federal statute(s), regulation(s), orpolicy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEP AR1MENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returoed to the DEPARTMENT prior to final payment by the DEP AR1MENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEP AR1MENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/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. Grant No. 01200380 Jefferson County Public Health Page 15 ofl7 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned open 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 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 DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grantlloan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. Grant No. 01200380 Jefferson County Public Healtb Page ]6 of17 In connection with appeal of Wly proceeding under this clause, the RECIPIENT shall have the opportunity to be heard Wld 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 Wld 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 perfonnWlce of this agreement Wld in accordWlce with the decision rendered. R. CONFUCT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises Wly function or responsibility in the review, approval, or carrying out of this agreement, shall participate in Wly decision which affects hislher personal interest or the interest of Wly corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have Wly personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultWlfs fees, Wld other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution Wld laws of the State of Washington permit, each party shall indemnify Wld hold the other harmless from Wld against Wly liability for Wly or a1] injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the Jaws of the State of Washington. U. SEVERABILITY If Wly provision of this agreement or Wly provision of Wly document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which CWl be given effect without the invalid provision, Wld to this end the provisions of this agreement are declared to be severable. Grant No. G 1200380 Jefferson County Public Health Page 17 ofl7 V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shaH be resolved by giving precedence in the foHowing 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 this Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY JEFFERSON COUNTY PUBLIC HEALTH Laurie G. Davies Program Manager Waste 2 Resources Program Date Signatory Date Printed Name and Title of Signatory APPROVED AS TO FORM ONLY Assistant Attorney General Approved as .. fonn only: 2(;//2- PROCUREMENT CERTIFICATION FORM Recipient: JEFFERSON COUNTY PUBLIC HEALTH Grant Name: COORDINATED PREVENTION GRANT Grant No.: G1200380 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 adopted June 1, 1992 (date) by Jefferson Board of County Commissioners (adopting authority) and are recorded in _ An Or~ce Relating to the Reauirements (document name). For Lettmg of County Contracts No. 05-0601-92 having no applicable, adopted procurement procedures, will follow the Standards for Competitive Solicitation found in the Administrative Reauirements for Ecoloav 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 TITLE cO~ 7- fI )2 LEGAL COUNSEL SIGN URE DATE LHIt?F Cl\J 11.. nfA TITLE