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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
FROM:
DATE:
Board of Commissioners
Jefferson County Marine Resources Committee
March 21, 2012
SUBJECT: CZM310 Grant Agreement No. G1200420 for $33,000 between the
State of Washington Department of Ecology and JEFFERSON COUNTY
(Northwest Straits Project: Marine Resources Committee Administration)
STATEMENT OF ISSUE:
The Marine Resources Committee (MRC) is requesting approval on the consent agenda of
the above referenced grant agreement. The effective date of this agreement is January 1,
2012; the completion date Is June 30, 2012.
ANALYSIS:
this grant will be used to fund administration for the Jefferson County Marine Resources
Committee. The tasks Include coordination of MRC meetings, grant administration, MRC
website , annual report, workplan and training. Services will be provided by existing staff and
contractor.
FISCAL IMPACT:
The project is 100% grant funded. There is no match requirement. The grant is administered
by WSU Jefferson Count Extension at no cost to the County.
RECOMMENDATION:
We request three originals of this contract be approved and signed by the Jefferson County
SOCC.
REVIEWED BY:
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Grant Agreement No. G1200420
between the
State of Washington Department of Ecology and
JEFFERSON COUNTY
Northwest Straits Project: Marine Resources Committee Administration
and Operations
THIS is a binding agreement entered into by and between the State of Washington, Department of
Ecology, (PO Box 47600, Olympia, Washington, 98504-7690) hereinafter referred to as the
"DEPARTMENT' and Jefferson County, hereinafter referred to as the "RECIPIENT' or "MRC' to
carry out the activities described herein. This grant is subject to Congressional actions.
Recipient Name:
Project Coordinators:
Telephone Number:
e-mail:
Fiscal Contact / phone:
e-mail:
Payee on Warrant:
Project Officer for the Department:
Telephone Number:
e-mail:
Jefferson County
Pat Pearson
360-379-5610 x204
pearsonp@wsu.edu
Kate Driehaus
kdriehaus@co.jefferson.wa.us
WSU Jefferson County Extension
201 West Patison
Port Hadlock, WA 98339
Sasha Horst
Northwest Straits Commission/Padilla Bay NERR
10441 Bayview-Edison Road
Mount Vemon WA 98273
360-428-1084/Fax: 360-428-1491
horst@nwstraits.org
The Source of funds provided by the DEPARTMENT are federal puget Sound Partnership
Technical Investigations and Implementation (Environmental Protection Agency, CFDA #66.456)
and federal Coastal Zone Management 310 funds. (National Oceanic and Atmospheric
Administration, Department of Commerce, CFDA #11.419). These funds are subject to
congressional actions.
Total Eligible Project Cost:
Total State Share:
Local Match:
$ 33,000
$ 33,000
-0-
The effective date of this agreement is January 1, 2012; the completion date Is June 30,2012.
Page 1 of 19
Grant Agreement No. G1200420
between the Washington state Department of Ecology and Jefferson County
Project MRC Administration and Operations
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Scope of Work
Project Title:
Description:
Work Program:
MRC Administration and Operations
This grant will be used to fund administration and operations for the Jefferson
County Marine Resources Committee.
In performing the following tasks The RECIPIENT shall comply with the local
Shoreline Master Program, local Growth Management Act Comprehensive
Plan, SEPA and zoning ordinances. If GIS work or environmental
measurement data is to be collected under this agreement, refer to
paragraphs 81 and 82 of Special Terms and Conditions of this agreement for
compliance with Ecology standards.
TASK 1:
Description:
1.1 MRC Meetinas and Communication: schedule and hold meetings; prepare and distribute
agenda; invite speakers on topics of community interest; prepare and distribute minutes,
other logistical and communication functions as needed.
MRC Operations: the Recipient will:
1.2 Grant administration: Prepare progress reports, final report and completion report for
Northwest Straits Commission; track and administer budget; document matching funds and
volunteer time; contract management and preparing grant applications for MRC projects.
1.3 MRC Web Site: Provide ongoing maintenance of MRC web site and/or development of
content, design, images or other web site features.
1.4 Annual Report: This report will summarize MRC activities and progress on projects,
including progress in achieving the Initiative's performance benchmarks, successes and
failures in the workplan priorities, training, etc.
1.5 Proaram Development and Workplan: The Recipient will seek to identify support for
tasks outlined in the workplan. The workplanwill include the objectives, timeframe, products,
and benchmarks addressed.
1.6 Trainina: The MRC members will attend the annual Northwest Straits Commission
(NWSC) training and additional conferences as appropriate. A representative of theMRC will
attend each Northwest Straits Commission meeting.
Deliverables (one hard copy and one electronic copy of each):
1. Update in progress reports (all tasks)- due June 30, 2012
2. Meeting agendas and minutes - due June 30, 2012
3. Web site address and CD of site contents - due June 30, 2012
4. List of NWSC meetings attended and name of MRC member attending in the progress
reports - due June 30, 2012
5. Matching funds/volunteer time tracking - due April 2, 2012 and June 30,2012
Page 2 of 1.9
Grant Agreement No. G1200420
between the Washington State Department of Ecology and Jefferson County
PrQjeet: MRC Administration and Operations
TASK 2:
Local Integrating Organization
Description: The MRC will participate in the development and discussions of the Puget Sound
Partnership's Local Integrating Organization (LlO) in order to contribute a marine
water and nearshore focus to the process.
Deliverables (one hard copy and one electronic copy of each):
TASK 4:
Description:
1. Update in progress reports (all tasks)- due June 30, 2012
Voluntary Marine Protected Areas (MPAs)
The MRC will provide program development for the Eelgrass, Mystery Bay
and other (Lower Hadlock) MPAs as identified by the MRC and project
partners. The MRC will also provide volunteer coordination, oversight and
maintenance of the two existing MPAs (Eelgrass and Mystery Bay).
Dellverables (one hard copy and one electronic copy of each):
1. Update in progress reports (all tasks)- due June 3D, 2012
TASK 5:
Description:
Maynard Beach Restoration Project
The MRC will participate in the design and permit preparation to be completed
by a consultant by July, 2012. Engineering of additional project components of trail
and waterline design to be completed with funding from a Fish America grant to the
North Olympic Saimon Coalition.
Deliverables (one hard copy and one electronic copy of each):
1. Update in progress reports (all tasks)- due June 30,2012
II
Deliverables
II
All products, reports, and payment requests shall be sent to the attention of:
Sasha Horst
Northwest Straits Commission
10441 Bayview-Edison Road
Mount Vernon WA 98273
The RECIPIENT shall submit one hard copy and one electronic copy of each Progress Report
and one copy of each Payment Request as defined in the Special Terms and Conditions section
of this agreement and one hard copy and one electronic copy of each deliverable as defined
in the Scope of Work.
All deliverables (reports, maps, etc.) are to Include the Northwest Straits logo and
acknowledgement on the front cover (see Special Terms and Conditions of this agreement).
Page 3 of 19
Grant Agreement No. G1200420
between the Washington State Department of Ecology and Jefferson County
Project MRC Administration and Operations
. .
Budget
t
II
Budaet Conditions
1. Project Administration: For the administration of this agreement the RECIPIENT
must follow the current edition of the Administrative Reauirements for Ecoloav Grants
and Loans (Yellow Book). These documents are available at Ecology's websites:
. Forms httD:/Iwww.ecv.wa.aovlbiblio/9118A.html
. Yellow Book - httD:/Iwww.ecv.wa.aov/biblio/9118.html
2. Invoicing:
. Expenditures will be monitored by the DEPARTMENT's Fiscal Office for compliance
with the PROJECT LEVEL BUDGET (listed below).
. The RECIPIENT must maintain complete backup documents including but not
limited to all invoiced costs and time sheets - signed and dated by employee and
supervisor. The RECIPIENT must keep these expenses in grant files according to
budget task for a period of three years after project completion and make tl:1em
available at any time for inspection by the DEPARTMENT.
. Budget deviations from the line-item EXPENDITURE budget (Ifsted below) are
allowed, but in no circumstances may the RECIPIENT exceed the total project cost.
If deviations exceed 10% within any task, the DEPARTMENT's Project Officer may
require a written budget redistribution
. When submitting invoices to the DEPARTMENT, the RECIPIENT must Itemize all
costs by task and provide subtotals by task on the DEPARTMENT's Form C2,
Voucher Support Form. All payment requests must have forms A, B, C (and D if
applicable).
NOTE: For payment requests, the RECIPIENT must use the DEPARTMENT's forms
contained in the Yellow Book. Otherwise, we will return requests to the RECIPIENT
for submittal on the correct forms.
. All payment requests must be accompanied by a commensurate progress report,
and receive the DEPARTMENT's Project Officer approval before payment can be
released.
. Requests for reimbursement must be submitted at least semi-annually but not
more than once per month by the RECIPIENT on state invoice voucher forms.
. The indirect rate must not exceed 25 percent of direct (staff) labor and benefit
costs. This rate covers space utilities, miscellaneous copying, telephone, motor
pool, janitorial services, records storage, rental, county fiscal and legal services,
etc. Items not included in this list must be reported with the first payment request
and must remain consistent for the life of the grant.
. The rate for In-kind (voluntary services) is valued at $15/indMduaUhour. See the
Administrative Requirements for Ecology Grants and Loans \ for the 'Valuation of
Donated Property or Services."
Page 4 of 19
Grant Agreement No. G1200420
between the Washington State Department of Ecology and Jefferson County
PrQjeel: MRC Administration and Operations
3. An estimate is the dollar amount the recipient anticipates requesting from the
DEPARTMENT for project costs incurred through June 3D, 2012 and are not yet
submitted for reimbursement.
The DEPARTMENT will contact recipients for this anticipated amount for final billing
to ensure sufficient funds are reserved to reimburse the recipient for expenditures
incurred,
4. Final payment of grant projects is contingent on receipt of viable work products as
listed in the grant document.
5. Expenditure Budget (for RECIPIENT reporting and DEPARTMENT tracking
purposes):
Maximum Eligible Project Cost:
Maximum State Grant Share:
Estimated Local Share:
$33.000
$33.000
l2
6. Estimated budget (for information only):
1 MRC 0 erations $4 200 $840 $10970 $800 $300 $200 $17310
2 Locallnt 0 . $4,200 $840 $2,000 $0 $0 $0 $7,040
3 Volunta MPAs $0 $0 $2450 $0 $200 $0 $2 650
4 Ma nard Beach $0 $0 $6,000 $0 $0 $0 $6,000
TOTAL $33,000
The Source of funds prOvided by the Department are federal:
1) Coastal Zone Management 310 funds (National Oceanic and Atmospheric Administration,
Department of Commerce, CFDA #11.419) and
2) PSP Technical Investigations and Implementation (Environmental Protection Agency, CFDA
#66.456). These funds are subject to congressional actions.
balance of page left blank intantionally
Page 5 of 19
Grant Agreement No. G1200420
between the Washington State Department of Ecology and Jefferson County
Project: MRC Administration and Operations
.
CZM 310 Special Terms & Conditions
A. Coastal Zone Management Provisions
1. Planning Area: The services under this grant will be provided in connection with and
respecting the following areas, herein called the "ADMINISTRATION AREA":
The administration area of the coastal zone management program shall include all
those saltwater and tidally influencad shorelines of the state defined in the Shoreline
Management Act of 1971, and designated in Chapters 173-18,173-20, and 173-22
WAC for all the incorporated and unincorporated areas of the city/county, plus those
fresh waters which could have a direct and significant impact on coastal waters.
2. identification of Project Materials - All reports, maps, and other documents
produced as part of this grant agreement shall carry the name of the RECIPIENT, the
DEPARTMENT's grant number (in the upper right hand comer), title, the specific task
number of the product and date centered on the front cover or title page (or in the
case of maps, the block which contains the name of the Government unit or
Department) and acknowledgment of the source of funding as follows:
3. Format for Publications and Brochures: Any (hard copy) publications or
brochures required as a product of this agneement shall conform to minimum
standards of size, 8-1/2" x 11" white, recycled paper equivalent in weight to 20 lb.
bond, single spaced, printed both sides, no less than 1 n margins. Photos, illustrations,
and graphs must be of reproducible quality. Any publications or brochures intended
for public distribution shall comply with graphic requirements as specified in the
DEPARTMENT's "Publications Handbook", publication number 91-41 and any
additional specifications as may be outlined in the Scope of Work.
4. Submittal of Project Materials I OeIiverables: A disk containing copies of all digital
deliverables compatible with Microsoft WORD and the DEPARTMENTs GIS
Standards will be accepted and contain the following project completion materials:
. Progress reports: 0 E-mail on the Padilla Bay NERR Progress Report Form
(available electronically): to the DEPARTMENT's
Project Officer and Grant Coordinator by date due in
scope of work;
8 Copy included on Project Completion CD
. Report and Map Deliverables: Digital on Compact Disk
. Final Completion Report - (for contents, see paragraph 5 below) Digital on
Compact Disk
. Payment Requests - only hard copy invoices on the DEPARTMENT's forms
with original signatures in blue ink will be accepted at this time.
5. Project Completion Requirements: On compietion of the project, the RECIPIENT's
Project Coordinator shall submit the following information and materials to the
DEPARTMENT:
Page 6 of 19
Grant Agreement No. G1200420
between the Washington Slate Dapartment of Ecology and Jefferson County
PrQjeel: MRC Administration and Operations .
a. Diaital Proiect ComDletion ReDort: The purpose of this report is to document
that the project and each of its tasks has been completed. The project
completion report contains the following documents:
(1) Digital CODV of all Semi-Annual Progress Reports by date.
(2) Diaital Summarv Account - a brief summary (approximately 200-300
words) of the work accomplished under the Igrant with respect to each
of the surveys, studies, plans, and other planning activities listed in the
grant or any amendments to that grant.
(3) Diaital ReDorts. MaDS. Plans. Exhibits. etc. - The Completion Report
must include a list of all reports, maps, plans, and other documents
prepared under this grant.
For each digital report, map, plan, or other document included, identify the
project title, task title, the grant number, the municipality or county, and date
prepared per paragraph 2 above "Identification of Project Materials".
6. Seml-annual Progress Reporting: Semi-annual reporting requirements begin on
the effective date of the agreement. Reports cover the following periods:
For timely preparation and review, semi-annual reports need to convey essential
information in a simple, concise manner through the use of bulleted summary
statements, lists, and tables and include the following:
a. A comparison of actual accomplishments by task to the objectives established
for the reporting period
b. Ust deliverables due to DEPARTMENT by date of this progress report and
their status.
c. Status of project schedule
d. Financial and funds disbursement status
e. Personnel changes
f. Any difficulties encountered during the reporting period
7. Responsibilities of the Project Coordinator: The RECIPIENT's Project Coordinator shall
be responsible for the procedural obligations under this agreement in addition to his/her duty
to coordinate the planning effort hereunder. HelShe shall cooperate with all parties
concerned in every way possible to promote successful completion of the services described
in the Scope of Work.
8. Access to Records and Right to Audit:
a. The RECIPIENT agrees that the Comptroller General of the United States or any of his
duly authorized representatives and the Secretary of Commerce or any of his duly
authorized representatives shall, until the expiration of three (3) years after expenditure
of funds under this grant, have access to and the right to examine any directly pertinent
books, documents, papers, and records of the RECIPIENT involving transactions re-
iated to this grant. The RECIPIENT agrees to include the substance of this paragraph
into all grants and subcontracts payable from contract funds in whole or in part.
Page 7 of 19
Grant Agreement No. G1200420
between the Washington State Department of Ecology and Jefferson County
Project: MRC Administration and Operations
,
.
b. The RECIPIENT agrees that payment(s) made under this grant shall be subject to
reduction for amount charged thereto which are found after audit examination not to
constitute allowable costs under this grant. The RECIPIENT shall refund by check
payable to the DEPARTMENT the amount of such reduction of payments under
completed or terminated grants.
9. Maintenance of Records: All required records shall be maintained until a federal audit is
completed and all questions arising therefrom are resolved, or three (3) years after
completion of a project, whichever is sooner.
10. Refund of Payment: If, through any cause, the National Oceanic and Atmospheric
Administration (NOM) disallows reimbursement to the DEPARTMENT for failure to fulfill the
grant or stipulations of this grant, the RECIPIENT will reimburse the DEPARTMENT to
proportionate amount of the federal share of the total grant funds paid by the DEPARTMENT
to the RECIPIENT through this grant, or that portion thereof constituting NOM reim-
bursement of state grant funding under the terms of this grant.
11. Federal Circular Compliance: As a subrecipient of federal funds, the RECIPIENT must
comply with the following federal regulations:
OMS Circular A-133, Audits of States, Local Governments, and Non-ProfIt Organization
OMS Circular A-133, Compliance Supplement
OMS Circular A-87, Cost Principles for State, Local and Indian Tribal Governments
OMS Circular A-102, Uniform Administrative Requirements
These federal regulations can be found at: htto:/Iwww.whitehouse.aov/omb/circulars/
12. FederarFunding Accountability and Transparency Act (FFATA) Reporting
ReqUirements:
In order to comply with the FFATA, the RECIPIENT must complete the FFATA Data
Collection Form, copy attached, and return it to the DEPARTMENT. The DEPARTMENT will
report basic agreement information, including the required DUNS number, for all federally-
funded agreements at www.fsrs.aov.This information will be made available to the public
at www.usasoendina.aov. Recipients who do not have a DUNS number can find guidance at
www.arants.aov. Please note that the DEPARTMENT will not pay any Invoices until It
has received the completed FFATA Data Collection Form.
Any recipient that meets each of the criteria below must also report compensation for Its five top
executives, using the DEPARTMENTs Federal Funding Accountability and Transparency Act (FFATA)
Data Collection Form.
. Receives more than $25,000 in federal funds under this award; and
. Receives more than 80 percent of Its annual gross revenues from federal funds; and
. Receives more than $25,000,000 in annual federal funds
See www.fsrs.aov for details of this requirement If your organization falls into this category, you must
report the required information to the DEPARTMENT
13. Government Debarment and Suspension: This agreement is subject to Federal Executive
Orders 12549, 12689 and 15 CFR Part 26, Debarment and Suspension and Requirements
for a Drug-free Workplace:.
Page 8 of 19
Grant Agreement No. G1200420
between the Washington Stete Department of Ecology and Jefferson County
ProjeCt MRC Administration and Operations
CERTIFICATION REGARDING SUSPENSION. DEBARMENT. INELIGIBILITY OR
VOLUNTARY EXCLUSION:
1) The RECIPIENT/CONTRACTOR, by signing this agreement, certifies tihat it is
not suspended, debarred, proposed for debarment, declared ineligible or
otherwise excluded from contracting with the federal government, or from
receiving contracts paid for with federal funds. Ifthe RECIPIENT/
CONTRACTOR is unable to certify to the statements contained in tihe
certificetion, they must provide an explanation as to why they cennot.
2) The RECIPIENT/CONTRACTOR shall provide immediate written notice to the
DEPARTMENT if at any time the RECIPIENT/CONTRACTOR learns that its
certificetion was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3) The terms covered transaction, debarred, suspended, ineligible, lower tier
covered transaction, participant, person, primary covered transaction, principal,
proposal, and voluntarily exciuded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive
Order 12549. You may contact the department for assistance in obtaining a
copy of those regulations.
4) The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for debarment
under tihe applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction.
5) The RECIPIENT/CONTRACTOR further agrees by signing tihis agreement, that
it will include this clause titled 'CERTIFICA TION REGARDING SUSPENSION,
DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without
modification in all lower tier covered transactions and in all solicitations for lower
tier covered transactions.
6) Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for
ensuring that any lower tier covered transaction complies with certification of
suspension and debarment requirements.
7) RECIPIENT/CONTRACTOR acknowledges that failing to disclose the
information required in tihe Code of Federal Regulations may result in tihe delay
or negation of tihis funding agreement, or pursuance of legal remedies,
including suspension and debarment.
8) RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it,
and all lower tier recipients or contractors, are not suspended or debarred, and
will make tihis proof available to the DEPARTMENT upon request.
RECIPIENT/CONTRACTOR must run a search in www.eols.aov and print a
copy of completed searches to document proof of compliance.
Page 9 of 19
Grant Agreement No. G1200420
between the Washington State Department of Ecology and Jefferson County
Project: MRC Administration and Operations
.
12. OffIcials Not to Benefit: No member of or delegate to the Congress of the United States, or
resident Commissioner, shall be admitted to any share or part of this grant or to any benefIt
that may arise therefrom.
14. Restrictions on Lobbying: Each bidder/applicant/recipient! subrecipient of this agreement
is generally prohibited from using Federal funds for lobbying the Executive or Legislative
Branches of the Federal Government in connection with this award. This agreement is
subject to Section 319 of Public Law 101-121, which added Section 1352, regarding lobbying
restrictions, to Chapter 13 of TItle 31 of the United States Code. The new section is
explained in the common rule, 15 CFR Part 28 (55 FR 6736-6748,2/26/90).
B. Ecology Provisions
1. Coordination with Ecology's Geographical Information System (GIS)
IF this project involves developing GIS data, the RECIPIENT shall coordinate with
Ecology's GIS office in an effort to promote compatibility and to encourage sharing of
geospatial data. To facilitate data sharing, the DEPARTMENT utilizes the following
standards:
"~ ....
.!:...:"!iI'
ESRI's ARC/INFO
ESRl's ArcView
Horizontal Datum
Vertical Datum
Projection System
Coordinate System
. te Zone
Coordinate Units
Accuracy Standard
Current version
Current Version
NAD 83 HARN
NGVD 88
Lambert Conic Conformal
WA State Plane Coordinates
South
Feet
+/-40 Feet (1 :24,000) minimum accuracy to within
a foot of the true North American datum s em
ArcExport, DLG and/or DXF, shapefiles
TIFF, BIUBIP, RLC,GRID,ERDAS, SID
Vector Import Format
Raster Import Format
Whenever possible, the RECIPIENT is encouraged to utilize the standards listed above
when compiling data. To discuss the usage of other standards, please contact Jerry
Franklin at 360 407-7470; Fax: 360407-6902; E-Mail: jfra461@ecy.wa.gov or John
Tooley at 360-407-6418; E-Mail: jto0461@ecy.wa.govforfurtherdata sharing and
compatibility information.
The RECIPIENT shall submit copies to Ecology's Project Officer with complete
documentation as it relates to all digital data, GIS coverages, shape files, related tables
and map products.
2. Quality Assurance Project Plan (QAPP). IF this project involves the collection of
environmental measurement data, the RECIPIENT must prepare a OAPP to ensure the
Page 10 of 19
Grant Agreement No. G1200420
between the Washington State Department of Ecology and Jefferson County
Prllject MRC Administration and Operations
consistent application of quality assurance principles to the planning and execution of all
activities involved in generating this data. The plan shall be conducted in accordance with
the DEPARTMENT's Guidelines for the Preoaration of Qualitv Assurance Proiect Plans for
Environmental Studies, current edition, (Ecology Publication No. 04-03-030). The plan
must describe the monitoring and data quality objectives, procedures, and methodologies
which will be used to ensure that all environmental data generated will meet these
requirements. The size and complexity of the plan should be cost effective and in
proportion to the magnitude of the sampling effort. The RECIPIENT may also reference
Technical Guidance for Assessina the Qualitv of Aauatic Environments, February 1994
(Ecology Publication No. 91-78), in developing the plan. The QAPP shall be composed of
a concise description of the environmental measurement aspects of this project. Ecology's
Project Officer shall review and approve this plan prior to initiation of work.
The QAPP should describe the following elements:
. Assumptions that direct the collection and analysis of data;
. Resources used (such as flights for aerial photos);
. Resource documents that will be consulted;
. Field methods employed;
. Office methods employed;
. Training level of staff involved in data collection and analysis;
. Equipment / materials to be used
. Procedures to assure accurate calibration of field instruments.
Other supporting documentation, including example QAPPs, QAPP templates, and
field SOPs may be found at Ecology's Quality Assurance website:
www.ecv.wa.aov/oroarams/eao/aualitv.html
3. Administrative Guidelines: The RECIPIENT shall comply with the DEPARTMENT's
current edition of "Administrative Requirements for Ecology Grants and Loans",
("Yellow Book") publication number 91-18. The RECIPIENT shall be responsible for
maintaining appropriate financial records throughout the life of the project and in ac-
cordance with these guidelines.
4. Reimbursement Grants are awarded on a reimbursable basis. The RECIPIENT
initially pays project costs in full. Upon presentation of a billing to the DEPARTMENT,
the DEPARTMENT's share of the project is reimbursed to the RECIPIENT.
5. Minority and Women's Business Participation: The RECIPIENT agrees to solicit
and recruit, to the maximum extent possible, certified minority-owned (MBE) and
women-owned (WBE) businesses in purchases and contracts initiated after the
effective date of this Agreement.
In the absence of more stringent goals established by the RECIPIENT's jurisdiction,
the RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women-
owned business participation in all bid packages, request for proposals, and purchase
orders. These goals are expressed as a percentage of the total dollars available for
the purchase or contract and are as follows:
ConstructionlPublic Works
ArchitecturelEngineering
Purchased Goods
10% MBE
10% MBE
8% MBE
6%WBE
6%WBE
4%WBE
Page 11 of 19
Grant Agreement No. G1200420
between the Washington State Department of Ecology and Jefferson County
Project: MRC Administration and Operations
,
Purchased Services
Professional Services
10% MBE
10% MBE
4%WBE
4%WBE
No contract award or rejection shall be made based on achievement or non-
achievement of the goals. Achievement of the goals is encouraged, however, and the
RECIPIENT and ALL prospective bidders or persons submitting qualifications shall
take the following affinmative steps 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 penmit maximum participation by qualified minority and
women'S businesses.
d. Establish delivery schedules, where work requirements penmit, 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.
By signing this Agreement, the RECIPIENT certifies that the above steps were, or will
be followed. Any contractor engaged by the RECIPIENT under this agreement shall
be required to follow the above fIVe affinmative steps in the award of any
subcontract(s).
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each
invoice, on fonms provided by the DEPARTMENT, payments made to qualified finms.
The report will address:
f. Name and state OMWBE certification number of any qualified finm receiving
funds under the voucher, including any sub-and/or sub-subcontractors.
g. The total dollar amount paid to qualified finms under this invoice.
6. All Writings Contained Herein: This agreement, the appended "General Tenms and
Conditions", and the DEPARTMENT'S current edition of "Administrative Requirements
for ECOlogy Grants and Loans", contains the entire understanding between the
parties, and there are no other understandings or representations except those set
forth or incorporated by reference herein. By signing this agreement with the
DEPARTMENT, the RECIPIENT and any subrecipients state they are in compliance
with the federal requirements for Debanment and Suspension and requirements for a
drug-free workplace (15 CFR Part 26) (see Special Tenms and Conditions). No
subsequent modification(s) or amendment(s) of this agreement shall be of any force
or effect unless in writing, signed by authorized representatives of the RECIPIENT
and DEPARTMENT, and made a part of this agreement.
Page 12 of 19
Grant Agreement No. G1200420
between the Washington State Department of Ecology and Jefferson County
ProjeCt: MRC Administration and Operations
IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement
State of Washington
Dtlpartment of Ecology
Jefferson County
Gordon White Date
Program Manager
Shorelands and Environmental
Assistance Program
Signature, Authorized Official Date
Print Name of Authorized Official
Approved as to form only by
the Assistant Attorney General.
Title of Authorized Official
31/5/12
Approved as to form only:
Page 13 of 19
Grant Agreement No. G1200420
between the Washington State Department of Ecology and Jefferson County
Project MRC Administration and Operations
~
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grantlIoan funds are to be used shall be accomplished by the
RECIPIENT and RECIPIENTs employees. The RECIPIENT shall not assign or subcontract
performance to others unless specifically authorized in writing by the DEPARTMENT.
B. SUBGRANTEElCONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms
and conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT
pursuant to this agreement, the state of Washington is named as an express third-party beneficiary
of such subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and
engineering services shall be awarded through a competitive process, if required by State law.
RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by
the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT ariSing under this agreement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws,
orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the
necessary approvals and permits required by authorities having jurisdiction over the project, provide
assurance to the DEPARTMENT that all approvals and permits have been secured, and make
copies available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further
agrees to affirmatively support the program of the Office of Minority and Women's Business
Enterprises to the maximum extent possible. 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
DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided
in Section K.1, 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 retum for award of a subcontract
hereunder.
Page 14 of 19
Grant Agreement No. G1200420
between the Washington State Department of Ecology and Jefferson County
pr0JeCt: MRC Administration and Operations
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to
this agreement. Such records shall clearly indicate total receipts and expenditures by fund source
and task or object.
All grantlloan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grantlloan records shall be open for audit or inspection by the DEPARTMENT or
by any duly authorized audit representative of the State of Washington for a period of at least three
years after the final grant paymentlloan repayment or any dispute resolution hereunder. If any such
audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification
and/or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be
made available to the DEPARTMENT and to any authorized state, federal or local representative for
inspection at any time during the course of this agreement and for at least three years following
grantlloan termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMS Circular A-133 (Audits of States, Local
Governments & Non Profit Organizations), including the compliance Supplement to OMS Circular A-
133, if the RECIPIENT expends $300,000 or more in a year in Federal funds. The $300,000
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 RECIPIENTS 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 1 through March 31, April 1 through June
30, July 1 through September 30, and October 1 through December 31. Reports shall be due within
twenty (20) days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis
as specified in the grant agreement and no more often than once per month. Each request for
payment will be submitted by the RECIPIENT on State voucher request forms provided by the
DEPARTMENT along with documentation of the expenses. Payments shall be made for each
task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the
RECIPIENT and certified 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 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.
Page 15 of 19
Grant Agreement No. G1200420
between the Washington Stale Department of Ecology and Jefferson County
Project: MRC Administration and Operations
.
,.
Payment requests shall be submitted to the DEPARTMENT and directed to the
Project Officer assigned to administer this agreement.
2. Budget deviation. Deviations in budget amounts are not allowed without written
amendment(s) to this agreement. Payment requests will be disallowed when the RECIPIENT's
request for reimbursement exceeds the State maximum share amount for that element, as
described in the Scope of Work.
3. Period of Compensation. Payments shall only be made for action 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.
4. Final Request(s) for Payment. The RECIPIENT must submit final requests for
compensation within forty-frve (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.
5. 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 and a financial bond. 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.
6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final
audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grantlloan shall be
refunded to the DEPARTMENT by the RECIPIENT.
7. 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.
8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless
provided for in the Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent
upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In
the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any
obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds
thereunder and/or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least frve working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, and reports or other materials prepared by the
RECIPIENT under this agreement, at the option of the 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
Page 16 of 19
Grant Agreement No. G1200420
between the Washington State Department of Ecology and Jefferson County
PreJe6t MRC Administration and Operations
.
or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1
above.
When this agreement crosses the RECIPIENTs fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon
appropriation of funds by the RECIPIENTs governing body; provided, however, that nothing
contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid
to the RECIPIENT in accordance with Section 0 herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on
the project funded herein within four months after the effective date of this agreement, or by any
date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the
right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a
breach of any provision of this agreement is not a waiver of any subsequent breach and will not be
construed as a modification of the terms of this agreement unless stated as such in writing by the
authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials
or invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish,
recover or otherwise use the material(s) or property and to authorize others to use the same for
federal, state or local government purposes.
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35
U.S.C.200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed
reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENTs current edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real
and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the
absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific
instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT
provides personal property directly to the RECIPIENT for use in performance of the project, it shall
be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is
lost, stolen or damaged while in the RECIPIENTs possession, the DEPARTMENT shall be
reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by
this agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT
shall establish that the cost of landfor 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.
Page 17 of 19
Grant Agreement No. G1200420
between the Washington State Department of Ecology and Jefferson County
Project MRC Administration and Operations
T ."
.
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
upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other
conversion or encumbrance which monies granted pursuant to this agreement bear to the total
acquisition, purchase or construction costs of such property.
N. RECYCLED/RECYCLABLE PAPER
All documents and materials published under this agreement shall be produced on recycled
paper containing the highest level of post consumer and recycled content that is available. At a
minimum, paper with 10 percent post consumer content and 50 percent recycled content shall be
used. Whenever possible, all materials shall be published on paper that is unbleached or has not
been treated with chlorine gas and/or hypochlorite.
As appropriate, all materials shall be published on both sides of the paper and shall minimize
the use of glossy or colored paper and other items which reduce the recyclability of the document.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is
contingent upon satisfactory performance of this agreement including the satisfactory completion of
the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to
perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENTs
sole discretion, be required to repay to the DEPARTMENT all grantlJoan 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 annum 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 RECIPIENTS 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 offact
arising under this agreement which is not disposed of in writing shall be decided by the Project
Officer or other designated official who shall provide a written statement of decision to the
RECIPIENT. The decision of the Project Officer or other designated official shall be final and
conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT
mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have
the opportunity to be heard and to offer evidence in support of this appeal. The decision of the
Director or duly authorized representative for the determination of such appeals shall be final and
conclusive. Appeals from the Director's determination shall be brought in the Superior Court of
Page 18 of 19
Grant Agreement No. G1200420
between the Washington State Department of Ecology and Jefferson County
PRlljeCt MRC Administration and Operations
"
Thurston County. Review of the decision of the Director will not be sought before either the
Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute
hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in
accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall participate
in any decision which affects hislher personal interest or the interest of any corporation, partnership
or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal
or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided In the
Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each
party shall indemnify and hold the other harmless from and against any liability for any or all injuries
to persons or property arising from the negligent act or omission of that party or that party's agents
or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement
which can be given effect without the invalid provision, and to this end the provisions of this
agreement are declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal
and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any
terms incorporated herein by reference including the "Administrative Requirements for Ecology
Grants and Loans"; and (e) the General Terms and Conditions.
Page 19 of 19