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Department of Public Works
o Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
From:
Board of Commissioners
Philip Morley, County Administrator
Frank Gifford, Public Works Director 1;;;/..J.
March 26, 2012
To:
Agenda Date:
Subject:
Grant Agreement between the Environmental Protection Agency and
Jefferson County for the Port Hadlock Wastewater Fadlity Final Design
Statement of Issue:
Jefferson County was awarded a Special Appropriations Act Project (SAAP) grant for the final design of
the Port Hadlock Wastewater Facility in the amount of $970,000. The grant is administered through the
Environmental Protection Agency (EPA).
AnalyslslStrategic GoalslPro's Ii Con's:
The award will assist the County in completing final design plans, specifications and bid documents for
construction of the wastewater treatment facility, influent and effluent pipelines and water reuse facility.
Fiscal Impact/Cost Benefit Analysis:
This grant award will provide up to $970,00Q-approximately 54% of the total funds required for final
design of the Port Hadlock wastewater treatment facility, influent and effluent pipelines, and reclaimed
water infiltration area. The total project estimate for final design and bid documents is $1.788.373 with the
County's estimated matching share of project costs of $818,373.
County's matching funds were made available through the 2011 L TGO Bond and are budgeted in Fund
405.
Recommendation:
Authorize Grant Agreement XP-00J521 01-0 between Jefferson County and the EPA for SAAP Program
grant funding by signing the three (3) attached copies of the grant agreement
Department Contact:
Joel Peterson, 385.9173
Reviewed By:
~/~?-
Date
Jefferson County Signature Page
U.S. Environmental Protection Agency Grant Agreement XP-00J52I 01-0
AFFIRMATION OF AWARD
BY AND ON BEHALF OF TIIE DESIGNATED RECIPIENT ORGANIZATION
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
John Austin, Chair
Phil Johnson, Member
David W. Sullivan, Member
Approved as to form only this 2D.1:h
dayof~20l2...
oQi~~
Deputy Prosecuting Attorney
.::;lj~;t
Frank GiffoM
Public Works Director
3/J.{ !t~
Date
XP - OOJ52101 - 0 Pane 1
GRANT NUMBER (FAIN): OOJ52101
.'8" U.S. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD
PROGRAM CODE: XP 0210912012
(5) PROTECTION AGENCY TYPE OF ACTION MAILING DATE
New 0211612012
Grant Agreement PAYMENT METHOD: ACH#
X0529
RECIPIENT TYPE: Send Payment Request to:
Municipal Las Vegas FInance Center
FAX 1# 702-798-2423
RECIPIENT: PAYEE:
Jefurson CDunJy PublIc Works Jefurson CDunJy PublIc Works
623 Sheridan street 623 Sheridan Street
Port Townsend, WA98368 Port Townsend, WA 98358
EIN: 91-6001322
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIAUST
Joel Peterson Bryan YIm Joanne Brendle
623 Sheridan Street 1200 SIxth Avenue, SUIte 900, OWW-137 Grants and Intemgency Agreemen1B Unit
Port Townsend, WA 98368 SeatlIe, WA 98101 1200 Sixth Avenue, SUIte 900, OMP-l45
E-MaIl: jpeterson@co.je1!erson.wa.us E-MaIl: Ylm.Bryan@epa.goY SeatlIa, WA 98101
Phone: 390-385-9173 Phone:2lJ6.553-8575 E-Mall: Brandla.Joanna@epa.gOY
Phona:2oa.~6385
PROJECT TITlE AND DESCRIPTION
Jaffanlon CDunJy Port Hadlock Project
DesIgn of Jaffanlon Counly's Port Hadlock 0.25 mUDon gallon per day was_ treatment plant, e1IIuent reuse field, and Influent pump stsUon.
BUDGET PERIOD I PROJECT PERIOD TOTAL BUDGET PERIOD COST I TOTAL PROJECT PERIOD COST
05101/2012 - 12/31/2012 0510112012 - 12/31/2012 $1,798,373.00 $1,788,373.00
NOTICE OF AWARD
Based on your appUcsUon deled 02I01/2012,lncIudIng all modIflcallons and amendments,the UnItsd Stetes acllng by and through lhs US Emllronmentsl
ProtecUon Agency (EPA), hereby awards $970;000. EPA agrees to cost-share M.lll!% of all approved budget partod costs Incurred, up to and not axcasdlng
toteI_ funding of $970,000. SUch award may be tarmInatsd by EPA wllhout further cause n lhs recipient falJs to provIda timely e1IInnallon oflhs award by
signing under lhs AfIIrmatIon of Award sacUon and ret\Jmlng aU pagas of lhJs egreement to lhs Grants Management OflIos Ualad belowwllhln 21 days after
reos!pL or any extension of time, as may be granted by EPA. ThJs egreament Is subject to applicable EPA statutory provisions. The appUcable reguIetory
provisions are 40 CFR Chapter 1, SUbchapter B, and all terms and conditions of lhJs egreament and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGAN~TION/ADDRESS ORGAN~TION/ADDRESS
EPA Region 10 U.S. EPA, Region 10
Mall Coda: OMP-145 0lIl08 ofWaler & _.
1200 Sixth Avenue. SUIte 900 1200 SIxth Avenua, SUIte 900
SaatlIe, WA 98101 SeatlIe, WA 98101
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
DIgital slgnatura applied by EPA Award OffIcial ArmIna K. Nolen - Manager - Grants and Intemgancy Agra8ments Unit I DATE
02I09I2012
AFFIRMATION OF AWARD
BY AND ON BEHALF OF THE DESIGNATED RECIPIENTORGAN~TION
SIGNATURE I TYPED NAME AND TITLE I DATE
Frank Gl1ford, PubUc Works Director
EPA Funding Information XP-00J52101-0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount thIs Action $ $ 970,000 $ 970,000
EPA in-KInd Amount $ $ $0
Unexpended PrIor Yeer Balance $ $ $0
other Faderal Funds $ $ $0
Reclplant Centrlbutlon $ $ 818,373 $ 818,373
stete Centrlbullon $ $ $0
Lacs! Centrlbutlon $ $ $0
other Centrlbutlon $ $ $0
Allowable Project Cost $0 $1,788,373 $ 1,788,373
AssIstance Program (CFDA)
88.202 - CcngresslonsJly Mendaled ProJecIs
SlstuIllIy Authority
Public Law 111-ll1l
Depsrtment of interior
EnWonment and Related Agendas Approprtatlons
2010
RsguIalDry AuIhorlIy
40 CFR PART 31
Fiscal
SIte Name Req No FY Approp. Budget PRC Object SnelProject Cost Obligation I
Cede Oroanlzellon Class Oroanlzellon Deobllosllon
- 121OMYG002 11 E< 10M0G9N 202651 419 970,OOC
970,OOC
XP - OOJ52101 - 0 Page 3
Bud paae
Table A - Object CI..s Category Totsl Approved Allowable
(Non-construction) Budget Period Cost
1. Personnel $0
2. Frlnoe Benefits $0
3. Travel $0
4. EQuipment $0
5. SUpplies $0
6. Contrsctusl $1.788,373
7. Construction $0
8. Other $0
9. Totsl DIrect Charaes $1,788,373
10. Indirect Costs: % Base $0
11, Total (Share: RecJDlent 46.00 % FedersJ 54.00 %.) $1,788,373
12. Total AODroved Assistance Amount $970,000
13. Program Income $0
14. Totsl EPA Amount Awmded ThIs Action $970,000
15. Total EPA Amount Awmded To Osts $970,000
.
XP - OOJ52101 - 0 Page 4
Administrative Conditions
1. Payment Information - Infrastructure
a. The Debt CoIlectlon Improvement Act of 1996 requires that Federal payments be made by electronic
funds transfer. In order to comply with the Act, a recipient must receive payments via one of two
electronic methods available to them:
Automated Standard ADDIlcatlon for PaYments (ASAP)
The ASAP system Is the preferred method of payment for EPA grantaas. ASAP enroIlment Is highly
encouraged for organizations that have multiple grants/cooparative agreements and for those with a
frequent need to request funds. If your organization uses multiple bank accounts for EPA
grants/cooparative agraements, you must enroIlln ASAP. If you are Interested In requesting and
receMng funds paparless and electronlcaIly via ASAP, please complete the ASAP Initiate EnroIlment
form located at htto:llwww.eoa.aov/ocfo/finservlces/forms.htm and fax tt to LVFC at 702-798-2423.
Under this payment mechanism, the Recipient Initiates, via ASAP, an electronic payment request which Is
approved or rejected based on the amount of available funds authorized by EPA In the Reclplenfs
account Approved funds are credtted to the recipient organization at the financial instttutlon identified on
the reclpienfs ASAP enroIlment appIlcstlon. Additional Information concemlng ASAP and enroIlment can
be obtained by contacting the EPA Las Vegas Finance Center, at (702) 798-2485, or by visiting
www.fms.treas.aov/asaD.
Electronic Funds Transfer (EFn
Under this payment mechanism, the EPA Las Vagas Finance Center wlIl obtain your organization's
banking information from your Central Contractor Registry (CCR) reglslralion. Upon completion of
required Raglonal training and receipt of the award affirmation, a Las Vegas Finance Center
Representative wlIl send you an emeIl message with your EFT Control Number and payment Information.
Additional Information conceming EFT can be obtained by contacting the EPA Las Vegas Finance Center
at (702) 798-2485, or by visiting htto:llwww.eoa.aov/ocfo/finservlces/Davlnfo.htrn
NOTE: If your banking information Is not correct or changes at any time prior to the end of your
agreement, please update your CCR registration and notify the EPA Las Vagas Finance Center as soon
as possible so the new banking information can be retrieved. This is vital to ensure proper and timely
depostt of funds.
.
b. In accepting this assistance agreement, the recipient agrees to draw cash only as needed for tts
disbursement. FaIlure on the part of the recipient to comply with this condition may cause the
undisbursed portions of the assistance agreement to be revoked and financing method changed to a
reimbursable basis.
Reauestlna Reimbursement
The recipient must obtain EPA Project Officer approval before the LVFC processes payments. This
approval wlIl be contingent on the recipient submttllng appropriate documentation to the EPA Project
Officer prior to requesting payment The information the recipient Is to submtt to the EPA Project Officer
Includes Standard Form (SF) 270 and supporting documentation. For recipients using EFT, recipients
must also provide EPA Form 190-F-04-001. The SF270 and EPA Form 190-F-ll4-001 can be found at
htlp:Jlwww.epa.gov/ogdlformslforms.htm.
2. Cost Prlnciplesnndlrect Costs Not Included (All Organizations)
The cost principles of OMB Circular A-21 , "Cost Principles for Educatlonallnstttutlons," relocated to 2
CFR Pert 220, OMB Circular A-87, "State, Local or Indian Tribal Govemments," relocatad to 2 CFR Part
225, or OMB Circular A-122, "Cost Principles for Non-Profit Organizations," relocsted to 2 CFR Part 230,
are applicable, as appropriate, to this award. Since there are no Indirect costs Included in the assistance
budget, they are not allowable under this Assistance Agreement.
3. Federal Financial Report (FFR)
Recipients shall submit final Federal Financial Reports (FFR), Standard Form 425 (SF-425), to EPA no
later than 90 calendar days after the end of the project period. The form Is available on the Internet at
httD:/twww.eoa.oov/ocfoflinservlceslforms.htm. All FFRs must be submitted to the Las Vegas FInance
Center: US EPA, LVFC. 4220 S. Maryland Pkwy Bldg C, Rm 503, Las Vegas, NV 89119, or by FAX
to: 702-798-2423.
The LVFC will make adjustments, as necessary, to obligated funds after raviewlng and accepting a final
Federal Finenclal Report. RecIpIents will be notified and Instructed by EPA If they must complete any
additional forms for the closeout of the assistance agreement
EPA may take enforcement actions in accordance with 40 CFR 30.62 and 40 CFR 31.43 If the recIpient
does not comply with this term and condition.
4. Audit Requirements
In accordance with OMB Circular A-133. which Implements the Single Audit Act, the recIpient hereby
agrees to obtain a single audit from an Independent auditor, If it expends $500,000 or more In total
Federal funds In any fiscal year. Wllhln nine months after the end of a recipient's fiscal year or 30 days
after receMng the report from the auditor. the recipIent shall submit the SF-SAC and a Single Audit
Report Package. The recipIent MUST submit the SF-SAC and a Single Audit Report Package, using the
Federal Audit Clearinghouse's Intemat Data Entry Systam. Complete Information on how to accomplish
the sIngle audit submissIons, you will need to visit the Federal Audit Clearinghouse Web site:
httD:llharvestar.census.oovlfacI.
5. Hotel-Motel Fire Safaty Act
Pursuant to 40 CFR 30.18, If applicable, and 15 USC 2225a, the recipient agrees to ensure that all space
for conferences, meetIngs, conventions, or traIning seminars funded In whole or In pert with federal funds
complies with the protection and control guidelines of the Holal and Molal Are Safety Act (PL 101-391, as
amended). Recipients may search the Hotel-Motel National Master LIst at
httD:/twww.usfa.dhs.oov/aoollcetlonslhotel to see If a property Is In compliance (FEMA 10 is currently not
requIred), or to find other Information about the Act.
6. Recycled Paper
INSTITUTIONS OF HIGHER EDUCA TION HOSPITALS AND NON-PROFIT ORGANIZA TlONS:
In accordance with 40 CFR 30.16, the recIpient agrees to use recycled paper and double sided printing
for all reports which are prepared as e part of this agreement and delivered to EPA. This requirement
does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on
recycled paper and are available through the General Services Administration.
STATE AGENCIES AND POUT/CAL SUBDMSIONS:
In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C.
6962) any Slate agency or egency of a political subdMslon of a Slate which Is using appropriated Federal
funds shall comply with the requirementa set forth. Regulations Issued under RCRA Section 6002 apply
to any acquIsition of an item whera the purchase price exceeds $10,000 or where the quantity of such
items acquired In the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002
requires that preference be given In procurement programs to the purchase of specific products
contaIning recycled materials Identified In guidelines developed by EPA. These guidelines are listed In 40
CFR 247.
STATE AND LOCAL INSTITUTIONS OF HIGHER EDUCATION AND NON-PROFIT
ORGANIZA TlONS:
In accordance with 40 CFR 30.16, Slate and locallnatllutlons of hIgher education, hospitels, and
non-profit organizations that receive direct Federal funds shall give preference In their procurement
programs funded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines.
STATE TRIBAL AND LOCAL GOVERNMENT RECIPIENTS:
In accordance with the polices set forth In EPA Order 1000.25 and Executive Order 13423, Strengthening
Federal Environmental, Energy and TransportatIon Management (January 24, 2007), the recipient agrees
to use recycled paper and double sIded prlntln9 for all reports which are prepared as a pert of this
agreement and delivered to EPA This requirement does not epply to reports prepared on forms suppUed
by EPA, or to standard Forms, which are printed on recycled paper and are available through the
General Services Administration.
7. Lobbying
ALL RECIPIENTS:
The recipient agrees to comply with 11tIe 40 CFR Part 34, New RestrictIons on Lobbying. The recipient
shall Include the language of this provision In award documents for all subawards exceeding $100,000,
and require that sub recipients submit certification and disclosure forms accordingly.
In accordance With the Byrd AntI-Lobbying Amendment, any recipient who makes a prohibited
expenditure under Tille 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be
subject to a cMI penalty of not less than $10,000 and not more than $100,000 for each such expenditure.
PART 30 RECIPIENTS:
All contracts awarded by a recipient shall contain, when applicable, tha anti-lobbying provision as
stipulated in the Appandlx at 11tIe 40 CFR Par! 30.
Pursuant to Section 18 of the Lobbying Disclosure Act, the recipient affirms that it Is not a nonprofit
organization described In Section 501 (c)(4) of the Internal Revenue Code of 1986; or that it is a nonprofit
organization described in Section 501 (c)(4) of the Code but does not and wliI not engage in lobbying
activities as defined in Section 3 of the Lobbying Disclosure Act.
8. Lobbying and Utigation
ALL RECIPIENTS:
The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this
assistance agreement are used to engage In lobbying of the Federal Government or In litigation against
the United States unless authorized under existing law. The recipient shall abide by its respective OMB
Circular (A-21 , A-87, or A-122), which prohibits the use of Federal grant funds for litigation against the
United States or for lobbying or other political activities.
9. Suspension and Debarment
Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled
"Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)."
Recipient Is responsible for ensuring that any lower tier covered transaction as described in Subpart B of
2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition
requiring compliance with Subpart C. Recipient Is responsible for further requiring the inclusion of a
similar term or condition In any subsequent lower tier covered transactions. Recipient acknowledges that
falling to disclose the information as required at 2 CFR 180.335 may result in the delay or negation of this
assistance agreement, or pursuance of legal remedies, including suspension and debarment.
Recipient may access the Excluded Parties Ust System at www.eols.aov.Thls term and condition
supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other
Responsibility Matters."
10. Drug-Free Workplace Certification for all EPA Recipients
The recipient arganlzatlon of this EPA esslstance agreement must make an ongoing, good faith effort to
maintain a drug-free workplace pursuant to the specific requirements set forth In Tille 40 CFR 38.200 -
38.230. Additionally, in accordance with these regulations, the recipient organization must Identify all
known workplaces under Its federal awards, and keep this information on file during the performance of
the award.
Those recipients who are IndMduals must comply with the drug-free provisions set forth in Tille 40 CFR
38.300.
The consequences for violating this condition are detailed under Tille 40 CFR 38.510. Recipients can
access the Code of Federal Ragulatlons (CFR) 11tIe 40 Part 38 at
hllc:lAvww.access.aoo.aov/naralcfrfwaisldx 06/40cfr36 06.hlm!.
11. Management Fees
Management fees or similar charges In excess of the direct costs and approved Indirect rates are not
allowable. The term 'management fees or similar charges' refers to expenses added to the direct costs
In order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for
other similar costs which are not allowable under this asslstence agreement. Management fees or similar
charges may not be used to Improve or expand the project funded under this agreement, except to the
extent authorized as a direct cost of carrying out the scope of work.
12. Reimbursement Umltation
If the recipient expends more than the amount of federal funding In its EPA approved budget In
anticipation of receMng additional funds from EPA, It does so at its own risk. EPA Is not legally obligated
to reimburse the recipient for costs Incurred In excess of tha EPA approved budget.
13. Trafficking In Persons
a. Provisions applicable to a raeiplent that Is a private entity.
1. You as tha recipient, your employees, subreciplents under this award, and subreciplents'
employees may not-
I. Engage In severe forms of trafficking In persons during the period of time that the
award Is In effect;
II. Procure a commercial sex act during the period of time that the award Is In effect; or
III. Use forced labor In the performance of the award or subawards under the award.
2. We as the Federel awarding agency may unilaterally terminate this award, wIIhout penalty, If
you or a subreclplent that Is a private entity -
I. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who Is datermlned by the agency official authorized to terminate the
award to have violated a prohibition In paragraph a.1 of this award term through conduct
that Is elther-
A. Associated wIIh performance under this award; or
B. Imputed to you or the subreclplent using the standards and due process for
Imputing the conduct of an IndMdual to an organization that are provided In 2
CFR part 180, "OMB Guidelines to Agencies on Govemmentwlde Debarment
and Suspension (Nonprocurement)," as Implemented by our Agency at 2 CFR
1532.
b. ProvisIon app/fcable to a reclplant other than a private entity. We es the Federal awarding agency may
unilaterally terminate this award, without penalty, if a subreclplent that Is a private entity-
1. Is determined to have violated an applicable prohibition In paragraph a.1 of this award term; or
2. Has an employee who Is determined by the agency official authorized to terminate the award
to have violated an applicable prohibition in paragraph a.1 of this award term through conduct
that Is elther-
I. Associated with performance under this award; or
II. Imputed to the subreclplent using the slandards and due process for imputing the
conduct of an IndMdual to an organization that are provided In 2 CFR part 180, "OMB
Guidelines to Agancles on Govemmentwlde Debarment and Suspension
(Nonprocuremant)," as Implamented by our agency at 2 CFR 1532
c. ProvIsions app/fcable to any reciplant.
1. You must Inform us immediately of any Information you receive from any source alleging a
violation of a prohibition In paragraph a.1 of this award term.
2. Our right to terminate unilaterally that Is described In paragraph a.2 or b of this section:
I. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. 7104(g)), and
II. Is In addition to all other remedies for noncompliance that are available to us under this
award.
3. You must Include the requirements of paragraph a.1 of this award term In any subaward you
make to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either.
I. An Individual employed by you or a subreclpient who Is engaged In the performance of
the project or program under this award; or
Ii. Another person engaged In the performance of the project or program under this
award and not compensated by you Including, but not limited to, a volunteer or Individual
whose services are contributed by a third perty as an In-kind contribution toward cost
sharing or matching requirements.
14. Trafficking Victim Protection Act of 2000 (TYPA) as Amended.
To Implement requirements of Sectlon 106 of the Trafficking Victims Protectlon Act of 2000, as amended,
the following provisions apply to this award:
a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, If a
subreclplent that is a private entity: (1) Is datermlned to have violated an applicable prohibition In the
Prohibition Statement below; or (2) has an employee who is datermlned by the agency official authorized
to terminate the award to have violated an applicable prohibition In the Prohibition statement below
through conduct that is either: (a) associated with performance under this award; or (b) Imputed to the
subreclplent using the standards and due process for imputing the conduct of an Individual to an
organization that are provided In 2 CFR pari 180, "OMB Guidelines to Agenclas on Govemmentwlde
Debarment and Suspension (Nonprocurement)," as implemented by our agency at2 CFR part 1532.
You must Inform us Immediately of any Information you receive from any source alleging a violation of a
prohibition In the Prohibition Slalament below.
b. Our right to terminate unilaterally that Is described In paragraph a of this award term: (1) Implements
seelIon 1OS(g) of the Trafficking Victims Protectlon Act of 2000 (TYPA), as amended (22 U.S.C. 7104(g)),
and (2) Is In addition to all other remedlas for noncompliance that are available to us under this award.
c. You must Include the requirements of the Prohibition Statement below In any subeward you make to a
private entity.
Prohibition Statement- You as the recipient, your employees, subreclpients under this award, and
subreclplents' employees may not engage In severe forms of trafficking In persons during the period of
time that the award is In effect; procure a commercial sex act during the period of time that the award Is In
effect; or use forced labor In the performance of the award or subawards under the award.
15. DUNS and CCR Requirements (Effective 10/0112010)
Central Contractor Reaistratlon and Unlversalldentlfler Reaulrements
A. Reaulrement for Central Contractor Reolstratlon ICCR)
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must
maintain the currency of your Information In the CCR until you submit the final financial report
required under this award or receive the final payment, whichever Is later. This requires that you
review and update the Information at least annually afIer the Initial registration, and more frequently If
required by changes In your Information or another award term.
B. Reaulrement for Data Universal Numberina SYstem !DUNS) numbers
If you are authorized to make subawards under this award, you:
1. Must notify potential subreclplents that no entity (see definition In paragraph C of this award
term) may receive a subaward from you unless the entity has provided its DUNS number to you.
2. May not make a subaward to an entity unless the entity has provided its DUNS number to you.
C. Definitions.
For purposes of this award term:
1. Central Contractor Reolstratlon (CCRl means the Federal repository Into which an entity must
provide Information required for the conduct of business as a recipient. Addltlonallnformatlon
about registration procedures may be found at the CCR Internet site (currently at
hllp:llwww.ccr.gov).
2. Data Universal Numberlno SYstem (DUNSl number means the nlnEHllglt number estebllshed
and assigned by Dun and Bradstreet, Inc. (O&B) to uniquely Identify business enlltles. A DUNS
number may be obtelned from D&B by telephone (currently 866-705-5711) orthe internet
(currently at hllD:llfedaov.dnb.comlwebforml.
3. ~ es It is used in this award term, means all of the following, as defined at 2 CFR pari 25.
subpart C:
a. A Governmental organlzatlon, which Is a state, local govemment, or Indian tnbe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organlzatlon;
d. A domestic or foreign for-profit organlzatlon; and
e. A Federal agency, but only as a subreciplent under an award or subaward to a
non-Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the performance of any portion
of the substantive project or program for which you received this award and that you as the
recipient award to an eligible subreciplent.
b. The term does not Include your procurement of property and services needed to carry out
the project or program (for further explanation, see Sec. -.210 of the attachment to OMB
Circular A-133. "Audits of states, Local Governments, end Non-Profit Organlzatlons").
c. A subaward may be provided through any leQaI agreement, Including an agreement that
you consider a contract.
5. Subreclolent means an entity that
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
16. Subaward Reporting and Executive Compensation
A Reporting of first-tier subawards.
1. Applicability. Unless you are exempt es provided In paragraph d. of this award term, you must
report each action that obligates $25,000 or more In Federal funds that does not include Recovery
funds (as defined In section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
Pub. L. 111-5) fora subaward to an entlly (see deflnillons in paragraph e of this award term).
2. Where and when to report.
I. You must report each obligating action described In paragraph a.1. of this award term to
www.fsrs.gov.
Ii. For subaward Information, report no later than the end of the month following the month in
which the obligation was made. (For example, if the obligation was made on November 7,
2010, the obligation must be reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that the submission
instructions posted at www.fsrs.govspeclfy.
B. Reporting Totel Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of your five most
highly compensated executives for the preceding completed fiscal year, if-
I. The total Federal funding authorized to date under this award Is $25,000 or more;
II. In the preceding fiscal year, you received-
(A) 80 percent or more of your annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal flnanclal assistance subject to the
Transparency Act, as deflned a12 CFR 170.320 (and subawards); and
(B) $25,000,000 or more In annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal flnanclal assistance subject to the
Transparency Act, es deflned at 2 CFR 170.320 (and subawards); and
III. The public does not have access to Information about the compensation of the executives
through periodic reports flied under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 780(d)) or section 6104 of the Intemal Revenue Code of 1986. (To
determine If the public has access to the compensation Information, see the U.S. Security
and Exchange Commission total compensation flllngs at
htlp:llwwN.sec.gov/answerslexecomp.htm.)
2. Where and when to report. You must report executive total compensation described in paragraph
b.1. of this award term:
I. As part of your registration proflle at www.ccr.aov.
Ii. By the end of the month following the month In which this award Is made, and annually
thereafter.
C. Reporting of Total Compensation of Subreclplent Executives.
1. Applicability and what to report. Unless you are exempt es provided in paregraph d. of this award
term, for each flrst-tler subreclplent under this award, you shall report the names and total
compensation of each of the subreclplent's flve most highly compensated executives for the
subreclpient's preceding completed flscal year, If
i. In the subreciplent's preceding flscal year, the subreclplent received-
(A) 80 percent or more of its annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal flnancial assistance subject to the
Transparency Act, as deflned at 2 CFR 170.320 (and subawards); end
(B) $25,000,000 or more In annual gross revenues from Federal procurement
contracts (and subcontracts), and Federal flnanclal assistance subject to the
Transparency Act (and subawards); and
II. The public does not have access to Information about the compensation of the executives
through periodic reports flied under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 780(d)) or section 6104 of the Intemal Revenue Code of 1986. (To
determine If the public has access to the compensation information, see the U.S. Security
and Exchange Commission total compensation flllngs at
htlp:llwwN.sec.gov/answerslexecomp.htm. )
2. Where and when to report. You must report subreclplent executive total compensation described
in paragraph c.1. of this award term:
i. To the recipient
iI. By the end of the month following the month during which you make the subaward. For
example, If a subaward Is obligated on any date during the month of October of a given year
(I.e., between October 1 and 31), you must report any required compensation Information of
the subreclplent by November 30 of that year.
D. Exemptions
If, In the previous tax year, you hed gross Income, from all sources, under $300,000, you are exempt
from the requirements to report:
i. sUbewards, and
II. the total compensation of the flve most highly compensated executives of any subreciplenl
E. Deflnitlons. For purposes of this award term:
1. Entity means all of the following, as deflned In 2 CFR part 25:
I. A Governmental organization, which Is a State, local govemment, or Indian tribe;
Ii. A foreign pUblic entity;
iii. A domestic or foreign nonproflt organization;
iv. A domestic or foreign for-proflt organization;
v. A Federal agency, but only as a subreclplent under an award or subaward to a
non-Federal entity.
2. Executive means officers, managing partners, or any other employees in management positions.
3. Subaward:
I. This term means a legal instrument to provlda support for the performance of any portion
of the substantiva project or program for which you received this award and that you as the
recipient award to an eligible subreclpient.
Ii. The tarm does nollnclude your procurement of property and services needed to carry out
the project or program (for further explanation, see Sac. -.210 of the attachment to OMB
Circular A-133, "Audits of states, Local Govemments, and Non-Profit Organizations").
iii. A subaward may be provided through any legal agreement, Including an agreement that
you or a subreclplent considers a contract.
4. Subreciplent means an entity that
I. Receives a subaward from you (the recipient) under this award; and
Ii. Is accountable to you for the use of the Federal funds provided by the subaward.
5. Total compensation means the cash and noncash dollar value eamed by the executive during the
reclplenfs or subreciplent's preceding fiscal year and Includes the following (for more Information see
17 CFR 229.402(c)(2)):
I. Salary and bonus.
Ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscaI year in
accordance with the statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
iii. Eamings for services under non.equlty Incentive plans. This does not Include group life,
health, hospitalization or medical reimbursement plans that do not discriminate In favor of
exacutIves, and are available generally to all salaried employees.
Iv. Change In pension value. This Is the change In present value of defined benefit and
actuarial pension plans.
v. Above-market earnings on deferred compensetion which Is notlax-quallfied.
vi. Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life Insurance paid on behalf of the employee,
perquisites or property) for the exacutIve exceeds $10,000.
17. Disadvantaged Business Enterprise Requirements (Effective May 27, 2008)
GENERAL COMPUANCE, 40 CFR, Part 33
The recipient egrees to comply with the requirements of EPA's Program for Utilizalion of Small, Minority
and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR,
Part 33.
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
A recipient must negotiate with the appropriate EPA award official, or hls/her designee, faIr share
objectives for MBE and WBE (MBElWBE) participation in procurement under the financial assistance
agreements.
Accepting the Fair Share Objectives/GOals of Another Recipient
The dollar amount of this assistance agreement is over $250,000; or the total dollar amount of all of the
reciplenfs non-TAG assistance agreements from EPA In the current fiscal year Is over $250,000. The
recipient accepts the applicable MBElWBE faIr share objectives/goals negotiated with EPA by the
Washington Office of Minority and Women's Business Enterprises as follows:
MBE: PURCHASED GOODS 8%; PURCHASED SERVICES 10%; PROFESSIONAL SERVICES 10%
WBE: PURCHASED GOODS 4%; PURCHASED SERVICES 4%; PROFESSIONAL SERVICES 4%
By signing this financial assistance agreement, the recipient Is accepting the fair share objectives/goals
stated above and attests to the fact that It Is purchasing the same or similar construction, supplies,
services and equipment, In the same or similar relevant geographic buying markat as Washington Office
of Minority and Women's Business Enterprises.
Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404
The recipient has the option to negotiate its own MBENVBE fair share objectives/goals. If the recipient
wishes to negotiate its own MBENVBE fair share objectives/goals, the recipient agrees to submit
proposed MBElWBE objectives/goals based on an availability analysis, or disparity study, of qualified
MBEs and WBEs In their relevant geographic buying market for construction, services, supplies and
equipment. .
The submission of proposed fair share goals with the supporting analysis or disparity study means that
the recipient Is not accepting the fair share objectives/goals of another recipient. The recipient agrees to
submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity
study, to the Regional MBElWBE Coordinetor within 120 days of its acceptance of the financial
assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receMng
the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the
recipient may not expand its EPA funds for procurements until the proposed fair share objective/goals are
submitted.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under an EPA financial assistance
agreement, and to ensure that sub-recipients, loan recipients, and prime contractors also comply.
Records documenting compliance with the six good faith efforts shall be retained:
(a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practiceble through
outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this
will Include placing DBEs on solicitation lists and soliciting them whenever they are potential sources.
(b) Make Information on forthcoming opportunities available to DBEs and arrange time frames for
contracts and establish delivery schedules, where the requirements parmlt, In a way that encourages and
facilitates participation by DBEs In the competitive process. This Includes, whenever possible, posting
solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing
date.
(c) Consider In the contracting process whether firms competing for large contracts could subcontract
with DBEs. For Indian Tribal, stele and local Government recipients, this will Include dividing total
requirements when economically feesible Into smaller tasks or quantities to parmlt mexlmum partiCipation
by DBEs In the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract Is too large for one of these firms
to handle Individually.
(e) Use the services and assistance of the SBA and the Minority Business Development Agency of the
Department of Commerce.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps In
paregraphs (a) through (e) of this section.
MBENVBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
The recipient agrees to complete and submit EPA Form 5700-52A, "MBElWBE Utilization Under Federal
Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year
reporting parlod the recipient receives the award, and continuing until the project Is completed. Only
procurements with certified MBE/WBEs are counted towerd a recipient's MBElWBE
accomplishments. The reports must be submitted semiannuelly for the parlods ending March 31" and
"
September 30 for:
Recipients of financial assistance agreements thet capitalize revolving loan programs (CWSRF,
DWSRF, Brownfields); and
All other recipients not Identified as annual reporters (40 CFR Part 30 and 40 CFR Part 35, Subpart A
and Subpart B recipients are annual reporters).
The reports are due within 30 days of the end of the semiannual reporting periods (April 30" and
October 30"). Reports should be sent to the EPA Region 10, Grants Administration Unit, 1200
Sixth Avenue, Suite 900, Mallcode: OMP-145, Seattle, WA 98101. For further Information, please
contact Greg Luchey at (206) 553-2967, emall: Luchev.Greatllleoa.aov. Final MBElWBE reports
must be submitted within 90 days after the project period of the grant ends. Your grant cannot be
officially closed without all MBElWBE reports.
EPA Form 5700-52A may be obtained from the EPA OffIce of Small Business Program's Home Page on
the Internat at www.eoa.aov/osbD.
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302.
BIDDERS LIST, 40 CFR, Section 33.501 (b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create
and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving
loan fund also agree to require entilles receiving Identified loans to create and maintain a bidders list If
the recipient of the loan Is subject to, or chooses to follow, competitive bidding requirements. Please see
40 CFR, Section 33.501 (b) and (c) for speclflc requirements and exemptions.
18. Payment to Consultants
EPA participation in the salary rate (excluding overhead) paid to Individual consultants retained by
recipients or by a reclplenfs contractors or subcontractors shall be limited to the maximum dally rate for
Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to
consultation services of designated Individuals with specialized skJlls who are paid at a daily or hourly
rate. As of January 1, 2012, the limit is $596.00 per day $74.50 per hour. This rate does not Include
transportation and subsistence costs for travel performed (the recipient will pay these In accordance with
their normal travel reimbursement practices).
Subagreements with firms for services which are awarded using the procurement requirements In 40
CFR Parts 30 or31, as applicable, are not affected by this limitation unless the terms of the contract
provide the recipient with responsibility for the selection, dlractlon, and control of the individuals who will
be providing services under the contract at an hourly or dally rate of compensation. See 40 CFR
30.27(b) or40 CFR 31.36(j), as applicable, for additional Information.
NOTE: For future years' limits, the recipient may find the annual salary for Level IV of the Executive
Schedule on the following Internat site: http://www.opm.gov/oce. Select "Salary and Wages", and select
"Executive Schedule". The annual selary Is divided by 2087 hours to determine the maximum hourly
rate, which Is then multiplied by 8 to datermlne the maximum daily rate.
19. Additional Recipient Contribution for Non-Competltlve Program ONLY
The staMory requirement for recipient contribution Is (Insert %)% of total project costs. However, in
accordance with the application dated 2/1/12, the recipient agrees to contribute an amount greater than
the &taMory requirement Reduction to this amount must be negotiated with the EPA Project OffIcar.
Proarammatic Conditions
1.
INFRASTRUCTURE CONDITIONS
A. NEPA
The U.S. Environmental Protection Agency (EPA) Is responsible for compliance with the National
Environmental Policy Act (NEPA) promulgated under 40 Code of Federal Regulations (CFR), Part 6. As
a recipient of EPA Special Appropriations Act grant funds, the Grantea agrees to fumlsh Information and
otherwise cooperate with EPA and the Washington State Department of Ecology in any evaluation
pursuant to 40 CFR Part 6. This Includes compliance with the NEPA analyses and findings specified in
the Categorical Exclusion (CATEX) Issued on November 3, 2011.
The Grantee agrees that the project construction shall be undertaken In accordance with the results of
the completed NEPA analyses and findings. this includes, but Is not lImited to, the Implementation of
mitigation measures, stipulations, and other requirements EPA identifies as necessary to mitigate the
potential envlronmentellmpacts of the project es well as ensure complIance with all applIcable Executive
Orders and "cross-cutters" (e.g., the Endangered Species Act, the National Historic Preservation Act,
etc.).
Upon completion of the project, the Grantee agrees to provlde EPA written confirmation that the Federelly
funded project was designed and constructed In conformance with the EPA NEPA document (e.g.,
CATEX). In the event the recipient fails to comply with this condition, EPA may Implement the remedies
contained In 40 CFR Section 31.43.
B. EPA Guidance Requirements
this grent Is subject to all requirements lIsted In the March 29, 2010 EPA Memorandum: "Award of
Special Approprletions Act Project Grants Authorized by the Agency's FY 2010 Appropriations Ad'.
C. Quarterly Performance Reports
The recipient shall submit quarterly performance reports, which are due 30 calendar days after the end of
each Federal fiscal quarter. (Federal fiscal quarters end the last day of March, June, September, and
December.) Reports shall be submitted to the EPA Project Officer and may be provlded electronically.
In accordance with 40 CFR Part 30.51 (d) and 40 CFR Part 31.40, as appropriate, the recipient agrees to
submit performance reports that include brief information on each of the followlng areas:
(a) A comparison of actual accomplIshments to the outputs/outcomes establIshed In the assistance
agreement work plan for the period;
(b) The reasons for slippages if established outputs/outcomes were not met;
(c) Additional pertinent Information, Including when appropriate, analysis and Information of cost
ovarruns or high unit costs.
In addition to the periodic performance reports, the recJplent shall Immediately notify the EPA Project
OffIcer of developments that hava a significant Impact on the award-supported aclivilles. In accordance
with 40 CFR Part 30.51 (f) and 40 CFR Part 31.4O(d), as appropriate, the recipient agrees to Inform the
EPA Project OffIcer as soon as problems, delays or adverse conditions become known which wlll
materially Impair the ability to meet the outputs/outcomes specified In the assistance agreement work
plan. This notification shall include a statement of the action !eken or contemplated, and any assistance
needed to resolve the sltuetion.
D. Final Performance Report
In addition to the periodic performance reports, the recipient shall submit a final performance report,
which is due no later than 90 calendar days after the expiration or termination of the award. The report
shall be submitted to the EPA Project Officer and may be provlded electronically. The report shall
generally conteln the same information as In the periodic raports, but should cover the entire project
period. After completion of the project, the EPA Project OffIcer may waive the requirement for a final
performance report if the EPA Project Officar deems such a report Is Inappropriate or unnecessary.
E. Sufficient Progress
EPA may terminate the assistance agreement for failure to make sufficlent progress so as to
reasonably ensure completion of the project within the project period, Including any extensions. EPA
wlll measure sufficient progress by examining the performance required under the workPlan In
conjunction with the milestone schedule, the time remaining for performance within the project period,
and/or the availability of funds necessary to complete the project.
END OF ASSISTANCE AGREEMENT XP-OOJ52101-1