HomeMy WebLinkAbout091712_ca06Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Carl Smith, Director -Dept. of Community Development
Stacie Hoskins, Planning Manager ~ ~~
Michelle McConnell, Associate Planner/Project Manag jjA ^A
~Y~U" : .
DATE: September 17, 2012
SUBJECT: Interlocal Agreement with Clallam Conservation District for Watershed Stewardship
Resource Center LID Demonstration Garden at Sequim (EPA Grant #PO-00108601-1)
ATTACHED: Interlocal agreement
STATEMENT OF ISSUE:
DCD staff requests the Board's approval of an Interlocal Agreement with the Clallam County
Conservation District for a Low Impact Development (LID) Demonstration Garden in Sequim as part of
the Watershed Stewardship Resource Center EPA grant project.
BACKGROUND/ANALYSIS/STRATEGIC GOALS/PROS and CONS:
The Watershed Stewardship Resource Center (WSRC) project provides information, assistance and
inspiration to landowners, development professionals, and interested citizens for land use project
planning and permitting. Located at the Department of Community Development, the Resource Center
will soon feature a low impact development (LID) Demonstration Garden to showcase alternative
stormwater runoff management techniques. Two other LID Demonstration Sites are planned to provide
real-life examples; to residents of Southeast Jefferson County and in Sequim. Clallam Conservation
District is our project partner for the Sequim site that will be located at the popular Carrie Blake Park
where LID features and wastewater-use for irrigation and stream flow augmentation are currently part
of the public amenities. Supporting the additional permeable pavement, biofiltration, and low-water
use landscaping techniques allows for cross-jurisdictional collaboration that recognizes watersheds
don't follow political boundaries. This Demo Site will also include informational signage to further
educate and encourage visitors to implement similar methods at home to further improve water
quality, fish & wildlife habitat, and help protect and restore Puget Sound.
FISCAL IMPACT/COST-BENEFIT ANALYSIS:
Total project cost for the Sequim LID Demo Garden is $34,000 with $24,000 provided by federal grant
funds and $10,000 provided as match by the Contractor, who anticipates receiving donations of in-kind
Consent Agenda
services and materials.
REVIEWED BY:
Approve the Interlocal Agreement with Clallam Conservation District for the Watershed Stewardship
Resource Center grant project.
'~' ~~~~-
orley ou ty Administr or Date
INTERLOCAL AGREEMENT
Between
Jefferson County
And
Clallam Conservation District
For a Low Impact Development (LID) Demonstration Garden in Sequim, WA
THIS INTERLOCAL AGREEMENT is entered into as of September 17, 2012, by and between the
County of Jefferson, a political subdivision of the state of Washington, having offices for the
transaction of business at 1820 Jefferson Street, Port Townsend, Washington, 98368, hereinafter referred
to as "the County", and the Clallam Conservation District, having offices for the transaction of
business at 1601 E. Front St., Bldg/Suite A, Port Angeles, Washington 98362, hereinafter referred to as
"the Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified, and
jointly hereinafter referred to as "the parties".
A. As allowed by RCW 39.34, the parties are both local governmental units seeking to make the most
efficient use of their powers by enabling them to cooperate on a basis of mutual advantage and
thereby to provide services and facilities that will serve the populations of both geographic azeas of
jurisdiction.
B. Jefferson County has received grant funding from US Environmental Protection Agency (EPA) to
create a Watershed Stewazdship Resource Center. The center will foster rural self reliance, promote
sustainable land use/development decisions, provide land owners, developers and interested citizens
with education, inspiration and assistance through demonstration sites, learning resources, and an
innovative `coaching model'. This project supports healthy Puget Sound watersheds by creating a
model and curriculum that may be applied to other regions.
C. Included in the EPA grant (attached as Exhibit A) is funding to support creation of low impact
development (LID) demonstration sites at visible public locations. A Clallam County site is
included to provide `cross-pollination' education and marketing for xeriscaping, rain gardens,
permeable pavement, and other best management practices for stormwater management, habitat
protection and sustainable land use. The County intends to implement this element of the EPA grant
in collaboration with the Contractor.
Interlocal Agreement Jefferson County and Claliam Conservation District
NOW, THEREFORE, the parties agree as follows:
Project Desi nag tion. Through this agreement under RC W 39.34, the Contractor will collaborate
with the County to complete the tasks and deliverables described for an LID Demonstration
Garden in Sequim, identified in Exhibit A, EPA Cooperative Agreement PO J08601 ,dated
June 28, 2010, and as amended thereafrer, attached hereto, including the provision of all labor,
materials, equipment and supplies.
2. Scope of Work. In consultation with the County, the Contractor will complete all tasks and
deliverables described in Exhibit B Scope of Work attached hereto.
3. Time for Performance. This Agreement shall commence on September 17, 2012 and continues
through June 30, 2013, unless terminated as provided herein. The agreement may be extended
beyond the expiration date upon mutual written consent of both the County and the Contractor.
4. Payment. The Contractor shall be paid by the County for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by the Contractor shall not exceed $24,000 without
express written modification of the agreement signed by the County. The Contractor will
provide a total of $10,000 in matching funding /services to support activities. Total
project expense shall not exceed $34,000.
b. The Contractor may submit invoices to the County no more than once per month, but not
less than quarterly, during the project for work completed to date. Such invoices will be
checked by the County, and upon approval thereof, payment will be made to the
Contractor in the amount approved.
c. Invoices will include billing period, award amount, cumulative billed, current amount
being invoiced, and remaining balance on forms approved by the County. Receipts,
timesheets, and any other documentation verifying the invoice amount will be attached
when submitted for payment. Initial, hourly compensation rates for employees or
representatives of the Contractor are reflected in Exhibit C. Contract Budget attached
hereto. Regardless of the hourly compensation rates set by the Contractor the maximum
amount payable to the Contractor established by Paragraph 4 above may not be exceeded
except with written mutual agreement by all parties to this Agreement.
d. Final payment of any balance due the Contractor of the total contract price earned will be
made promptly upon its ascertainment and verification by the County after the
completion of the work under this agreement and its acceptance by the County.
e. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
LID Demonstration Garden - Sequim
Page 2 of 11
Interlocal Agreement Jefferson Countv and Clallam Conservation District
5. RenortinQ. Contractor will prepare and submit progress reports and payment requests, to be
submitted no more than monthly. At a minimum, progress reports may be submitted quarterly
for the reporting periods of Januazy - Mazch, April -June, July -September, and October -
December. The County is required by its grant agreement with EPA to submit semi-annual
reports within 30 days of the end of the reporting period (October -March due in April; April to
September due in October). In order to ensure timely submittal of progress reports to EPA,
Contractor progress reports and payment requests shall be submitted to the County no later than
fifteen (15) days following the end of each reporting period. At a minimum, progress reports
must contain: a compazison of actual accomplishments to the objectives established for the
period; the reasons for the delay if established objectives were not met; analysis and explanation
of any cost overruns; and any additional pertinent information specified in this agreement.
6. Conformance with EPA Grant Agreement Conditions. A copy of Jefferson County's
Cooperative Agreement with the EPA is included herein, including Amendment 1 (see attached).
Contractor shall comply with all Administrative Conditions and Programmatic Conditions of the
Grant Agreement and all Jefferson County requirements (reporting, sub award bidding/contracts,
etc.). In addition:
a. Equipment will not be purchased without prior approval of the County in accordance
with Jefferson County's EPA Cooperative Agreement.
b. All terms regarding minority employment, civil rights, compliance with laws and
procedures in the Grant Agreement will also apply to this agreement.
c. Contractor will acknowledge and inform the public about EPA funding and participation
in this project through the use of project logos, signs and/or acknowledgement in
published materials and reports, the news media, or other public announcements. Site-
specific locations must utilize appropriately sized and weather-resistant signs.
d. The Contractor's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the County, and, Environmental Protection
Agency (EPA), for a period of six (6) years afrer final payments. Copies shall be made
available upon request.
e. The Contractor is required to ensure that expenses and financial records comply with the
financial guidelines set forth by the EPA in 40 CFR Part 31, OMB Circulaz A-87, OMB
Circular A-133.
7. Project Schedule. All tasks must be complete and reimbursement requests submitted before the
June 30, 2013 contract expiration. See attached Schedule for details.
8. Ownership and Use of Documents. All documents, drawings, specifications and other materials
produced by the Contractor in connection with the services rendered under this agreement shall
be the property of the County whether the project for which they are made is executed or not.
The Contractor shall be permitted to retain copies, including reproducible copies, of drawings
and specifications for information, reference and use in connection with Contractor's endeavors.
LID Demonstration Garden - Sequim
Page 3 of 11
Interlocal Agreement Jefferson County and Clallam Conservation District
9. Compliance with Laws. Contractor shall, in performing the services contemplated by this
agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and
regulations, applicable to the services to be rendered under this agreement.
10. Indemnification.
a. Each party shall defend, indemnify and hold the other party, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with its performance of this
Agreement. Neither the Contractor nor County shall have a duty to defend, indemnify or
hold harmless the other party if the claim, injury, damage, loss or suit (including attorney
fees) arises from the sole negligence of the other party.
b. Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
the parties, its officers, officials, employees, and volunteers, the party's liability
hereunder shall be only to the extent of the party's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the parties
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of
this indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
11. Insurance. The Contractor shall obtain and keep in force during the terms of the Agreement, or as
otherwise required, the following insurance with companies or through sources approved by the
State Insurance Commissioner pursuant to RCW 48.05:
a. Worker's Compensation and Employer's Liability Insurance as required by the State of
Washington.
b. Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or used in
the performance of the work for a combined single limit of not less than $300,000 each
occurrence.
c. The landowner of the real property where the LID Demonstration Garden will be located
must insure said property for general commercial liability in the amount of $2 million
aggregate/$1 million per occurrence, or not less than $1 million aggregate. Landowner
also needs to name the County as `additional insured'.
12. Independent Contractor. The Contractor and the County agree that the Contractor is an
independent contractor with respect to the services provided pursuant to this agreement. Nothing
in this agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled
to any benefits accorded County employees by virtue of the services provided under this
agreement. The County shall not be responsible for withholding or otherwise deducting federal
LID Demonstration Garden - Sequim
Page 4 of 11
Interlocal Agreement Jefferson County and Clallam Conservation District
income tax or social security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to Contractor, or any employee of
Contractor.
13. Discrimination Prohibited. The Contractor, with regazd to the work performed by it under this
agreement, will not discriminate on the grounds of race, color, national origin, religion, creed,
age, sex or the presence of any physical or sensory handicap in the selection and retention of
employees or procurement of materials or supplies.
14. Termination. The County reserves the right to terminate this contract in whole or in part, without
prior written notice, in the event that expected or actual funding from any funding source is
withdrawn, reduced, or limited in any way after the effective date of this agreement. In the event
of termination under this clause, the County shall be liable for only payment for services
rendered prior to the effective date of termination.
a. This agreement may also be terminated as provided below:
With 30 days notice by the Board of County Commissioners (or their designee)
for any reason, or
With 30 days notice by the Board of County Commissioners (or their designee)
for non-performance of the specific job duties in Exhibit B. Contractor may take
steps to cure the alleged non-performance of the specific job duties listed in
Exhibit B during this 30-day period.
iii. With 30 days notice by the Contractor by voluntary resignation.
15. Integrated Agreement. This Agreement together with attachments or addenda, represents the
entire and integrated agreement between the County and the Contractor and supersedes all prior
negotiations, representations, or agreements written or oral. This agreement may be amended
only by written instrument signed by both County and Contractor.
16. Contact Persons: The following persons shall manage this project for the respective parties and
can be reached at the address and contact points listed:
For the County:
Department of Community Development
Michelle McConnell, Project Manager
621 Sheridan St.
Port Townsend, WA 98368
360/379-4450 ext. 484
wsrc@co. j efferson. wa. us
For the Contractor:
Clallam Conservation District
Joe Holtrop, District Manager
1601 E. Front St., Suite A
Port Angeles, WA 98362
360/452-1912 ext. 103
j oe. holtrop@cl allamcd. org
LID Demonstration Garden - Sequim
Page 5 of 11
Interlocal Agreement Jefferson County and Clallam Conservation District
The person listed as the Manager of this project for the County is also the official designee of the
Jefferson County Board of County Conunissiaicrs for fire purposes of Section 15 above.
DATED this ___~_ day of -____ _, 2012.
By
John Austin, Chair
JetTerson Board of County Commissioners
By ~-
seph Mwray, Chair
Clallam Conservation Distri
Attested:
Deputy/Clerk ol'the Board
Approved as to form
`~\ ~ ~ ~~10 1.011.
David Alvarez, Chief C~ ~ it DPA
L1D Demonstration Garden - Sequim
Page 6 of 11
Interlocal Agreement Jefferson Countv and Clallam Conservation District
EXHIBIT A
EPA Assistance Agreement PO-OOJ0861 and Amendment 1
(additional pages inserted here]
LID Demonstration Garden - Sequim
Page 7 of 12
Interlocal Agreement Jefferson Countv and Clallam Conservation District
LID Demonstration Garden - Sequim
Page 8 of 12
PO - ODJ00601 - 0 Peas 1
ASSISTANCE ID NO.
.~;EDB~o U
ENVIRONMENTAL
S PRG •- DOCID AMrNDx DATE OF AWARD
.
• .
.
PROTECTION AGENCY PO - OOJ08607 - 0 D~~070
~ TYPE OF ACTION MAIUNGDATE
New 07/0512010
Cooperative Agreement PAYMENTMETHOD: ACHIt
PEND
RECIPIENT TYPE: Send Payment Aequect to:
County Las Vegas Fkrarxs Caller
FAX # 702-798-2423
RECIPIENT: PAYEE:
Jefferson County Jatterson Count'
821 Sheridan Street 621 Sheridan. Street
Pon Townsend, WA 98368 Port Townsend, WA 98366
EIN: 91.6001322
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
MicFlelle McConnell Mfclalls Wgcox Tony Foumter
621 Sheridan Street 300 DeamorM Drive S.E., WOO 1200 Slxih Avenue, Soils 900, OMP-145
Port Tovmsend, WA 96368 Lacey, WA 98503 Seattle, WA 98701
E•Mail: mmcconnellMco.)efferson.waus E-Mail: WllcoxMlchelle®epa.gov E-Mail: Foumler.TOrry®epa.gov-
Phone: 36037944114 Phone: 360-7539543 Phone: 206553-tt138
PROJECT TITLE AND DESCRIPTION
Watershed Stewardship Resouroe Center
Jefferson Couriy wfU create a Watershed Stewardship Resource Center ro guide propery owners and devNopers ro apply sustahlable devebpmeM practlcea.
'
Designed as an optlorlal
one slop shop', the Center will promote low impact development to stormwater maragemeM, sfare8rte, critlcal area, and othar
erwlronmerrtal protectlon regdremeMS. The Center will use an inravatlve'coaching model' ro asaiat epplicanta with site design and wq lecture a aw Impetl
deveopment demonahatlon garden and eaehsNe teaming resouroes. The model and curdculun may be epp9sd ro otlar regions.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
06/01/2010 - 0&3012013 06/01/2010 -06/3072013 $600,848.00 $800,646.00
NOTICE OF AWARD .
Based on your appllcatlon dated 017282010, Iraluding all modificatlons and amendments, The UMted States acting by and through the US Environmental
Protectlon Agency (EPA), hereby awertls $533,761. EPA agrees to cost-share BJ~QQ°k of a0 approved budget perbd costs incurred, Op ro and rat exceer8ng
total federal fur~ng of $533,781. Such award maybe terminated by EPA without further cause ff the recipient fails ro provide timely af8rmatbn of the award
by signing under the Affirtnatlon of Award sectlon and returning all pages of this egreemem to the Grants Management Oftlce listed belay within 21 days after
receipt, or any extension of tlme, as may he granted by EPA. This agreement is subject to applicable EPA statutory provls(ons. The applicable regulatory
provisions are 40 CFA Chapter 1, Subchapter B, and all terms and conditions of this agreement anq arty attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION /ADDRESS ORGANIZATION /ADDRESS
EPA Region 10 U.S. EPA, Region 10
Mail Code: OMP-745 Dff~e of Ecasystems Tribal and Public Attalrs
1200 SIx91 Avenue, Suite 900 1200 Six(h Avenue, Suite 90D
Seattle, WA 98101 Seattle, WA 98101
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTEC710N AGENCY
SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TRLE DATE
Digital signature applied by EPA Award Official 0628/2010
Armina K. Nolan, Mana ar • Grants and Intemgenc Agreements Unil
AFFIRMATION OF AWARD
BY ON BEHALF OFTHE DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE TYPED NAME AND TrTLE DATE
Ti rcfee-9a n. (~liq /.3sR ~ pT COMSn r55/d N(~vS d 7~az6~/O
F_ppro~ ~°d as to form or<r:
,~~~'~
la:f~on Co. PnDSecutor' Ci%:;,
EPA Funding Information Po-oaioesot-o Paget
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $ 533,761 $ 533,761
EPA In-Klntl Amount $ $ $ 0
Unexpended Prior Year Balance $ $ $ 0
Other Federal Funds $ $ $ 0
Recipient Contribution $ $ 266,985 $ 266,965
State Contribution $ $ $ 0
Loea1 Contribution $ $ $ 0
Other Contribution $ $ $ 0
Allowable Project Cost $ 0 $ 000,646 $ gOg,6gg
Assistance Program (CFDA) Statutory Authority Regulatory Authority
88.720 -Puget Sound Watershed Management
Assistance Clean Water Act: Sec. 320
FY 2009 Omnibus Appropriations Act (PL 111-B) 40 CFR PTS 31 835 SUBPT P
Fiscal
Site Name Req No FY Approp.
Code Budget
Organizadon PRC Object
Class Site/Project Cost
Organization Obligation /
Deobligation
- 7010UOG02
5 097 10UOCKH 403868EP 41 533,761
533,761
- PO - OOJ08801 - 0 Page 3
Bud tS a Pa e
e umm
Table A -Objets Class Category
(Non-construction)
Total Approved Allowable
Budget Period Cost
1. Personnel $349.669
2. Fringe Benefits $173,643
3. Travel $2.999
4. Equipment ~ $0
5. Supplies. $7,263
8. Contractual ~ $253,846
J. Construction $0
B. Other ffi2,000
9. Total Direct Charges $729,419
70. Intlirect Costs: % Base $71,227
17. Total (Share: Recipient 33.00 % Federal 67.00 %.) $800,646
12. Total Approved Asslatanca Amount $533,761
13. Program Income ~
14. Total EPA Amount Awarded This Action $533,761
15. Total EPA Amount Awarded To Date $533.761
Administrative Conditions
1. Payment Information
PO - 00.106607 - 0 Page 4
All recipients must be enrolled to receive funds electronically via the EPA-EFT Payment Process. This
electronic funds transfer process was initiated by EPA in response to the Debt Collection Improvement Act
of 1996, P.L. 104-134 that requires all federal payments be made via Direct DeposiUElectronic Funds
Transfer(DD/EFT). By signing the assistance agreement you are agreeing to receive payment
electronically.
In order to receive payments electronically, the ACH Vendor/ Miscellaneous Payment Enrollment
Form (SF3881) must be completed and faxed to Marge Pumphrey at (702) 798-2423.
Alter reviewing and processing the SF3881, the Las Vegas Finance Center (LVFC) will send you a letter
assigning you an EFT Control Number, an EPA-EFT Recipient's Manual, and the necessary forms for
requesting funds and reporting purposes.
If you need further assistance regarding enrollment, please contact Marge Pumphrey at (702) 798-2492 or
by a-mail to: pumphrey.margaret®epa.gov.
Any recipient currently using the Automated Standard Application for Payments (ASAP) system
with another government agency should contact Marge Pumphrey at (702) 798-2492 ore-mail to:
pu m p h rey. ma rga ret ~ e pa. g ov.
Under any of the above payment mechanisms, recipients may requestldraw down advances for their
immediate cash needs, provided the recipient meets the requirements of 40 CFR 30.22{b) or 40 CFR
31.21(c), as applicable. Additionally, recipients must liquidate all obligations incurred within 90 calendar
days of the project period end date. Therefore, recipients must submit the final request for payment, and
refund to EPA any balance of unobligated cash advanced within 90 calendar days after the end of the
project period.
2. Cost PrinciplesAndirect Costs for Local Governments & Interstate Agencies
The cost principles of OMB Circular A-87, "Cost Principles for State, Local, and Indian Tribal
Govemments,° relocated to 2 CFR Part 225, is applicable, as appropriate, to this award.
If the recipient does not have a previously established indirect cost rate, it agrees that d will prepare its
indirect cost rate proposal and/or cost allocation plan in accordance with OMB Circular A-87, "Cost
Principles for State, Local, and Indian Tribal Governments" For proposal preparation, the recipient may
use the appropriate completeness checklist located at: http:/lwww.acd nbc.gov~ndirecUindirect aso.
The local government recipient whose cognizant federal agency has been designated by the Office of
Management and Budget (OMB) must develop and submit its indirect cost rate proposal to its cognizant
agency within six (6) months after the close of the governmental unit's fiscal year. If the cognizant federal
agency has not been identified by the OMB, the local government recipient must still develop (and when
required, submit) its proposal within that period.
The interstate agency recipient must send its proposal to its cognizant federal agency within six (6)
months after the end of its fiscal year. If EPA is the cognizant federal agency of either the interstate
agency or the local government, the recipient must send its indirect cast rate proposal within six (6)
months after the end of its fiscal year to:
Recular Mail
Office of Grants and Debarment
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW, MC 3903R
Washington, DC 20460
Attn: OGD Indirect Cost Rate Proposal Control Desk
Mail Courier (e a. FedEx. UPS. etc
Office of Grants and Debarment
U.S. Environmental Protection Agency
1300 Pennsylvania Avenue, NW, 5th floor
Washington, DC 20004
Attn: OGD Indirect Cost Rate Proposal Control Desk
Electronic submissions of proposals maybe mailed to OGD IndirectCost(deoa.aov.
Recipients are entitled to reimbursement of indirect costs, subject to any statutory or regulatory
administrative cost limitations, if they have a current rate agreement or have submitted an indirect cost.
rate proposal to their cognizant federal agency for review and approval. Recipients are responsible for
maintaining an approved indirect cost rate throughout the lice of the award. Recipients are responsible for
submitting any subsequent rate proposals to the appropriate cognizant agency no later than 180 days after
the end of the recipient's fiscal year. Recipients may draw down grant funds once a provisional or final
rate has been approved, and only for indirect costs incurred during the period specified in the rate
agreement. Recipients are not entitled to indirect costs for any period in which the rate has expired.
Recipients may not draw down grant funds for any indirect costs which were not incurred during the period
of the approved rate agreement.
Recipients with differences between their provisional rates and final rates are not entitled to more than the
award amount, without EPA approval. Recipients may request supplemental amendments (to grants
which have not expired or been closed out) for addtional funding to cover increased indirect costs. EPA
approval of a supplemental amendment is subject to the availability of funds.
Pursuant to 40 CFR 31.26, recipient agrees to comply with the audit requirements prescribed in the Single
Audit Act Amendments, and revised OMB Circular A-133, "Audits of States, Local Govemments, and
Non-Profit Organizations," including Subpart C Section 305(b) which addresses the restriction on auditors
preparing indirect cost proposals.
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 internal at
http-//www epa aov/ocfoffinservices/forms:htm. All FFRs must be submitted to the Las Vegas Finance
Center: US EPA, LVFC, PO Box 98515, Las Vegas, NV 89193, or by FAX to: 702-798.2423.
The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final
Federal Financial 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
The recipient agrees to comply with the requirements of OMB Circular A-133, "Audits of States, Local
Govemments, and Non-Profit Organizations."
5. Hotel-Motel Fire Safety 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 part with federal funds
complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as
amended). Recipients may search the Hotel-Motel National Master List at
htto~//www usfa dhs aov/aoalicationsJhotel to see N a property is incompliance (FEMA ID is currently not
required), or to find other information about the Act.
6. Recycled Paper
INSTITUTIONS OF HIGHER EDUCATION HOSPITALS AND NON-PROFIT ORGANIZATIONS:
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 a part of this agreement and delivered to EPA. This requirement does
not apply to reports prepared on forms supplied by EPA, or to Standard Farms, which are printed on
recycled paper and are available through the General Services Administration.
STATEAGENClES AND POLITICAL SUBDIVISIONS:
In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C.
6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal
funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply to
any acquisition of an item where 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 lNSTTlUTIONS OF HIGHER EDUCATION AND NON-PROFIT
ORGANIZATIONS:
In accordance with 40 CFR 30.16, State and local institutions of higher education, hospitals, 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 tc EPA's guidelines.
STATE TR18AL AND LOCAL GOVERNMENT RECIPIENTS:
In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 73423, Strengthening
Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees
to use recycled paper and double sided printing for all reports which are prepared as a 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.
7. Lobbying
ALL RECIPIENTS
The recipient agrees to compy with Title 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 subrecipients submit certification and disclosure forms accordingly.
In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure
under Title 40 CFR Parl 34 or fails to file the required certification or lobbying forms shall be subject to a
civil 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, the anti-lobbying provision as
stipulated in the Appendix at Title 40 CFR Part 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 will not engage in bbbying
activities as defined in Section 3 of the Lobbying Disclosure Act.
8. Lobbying and Litigation
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
780 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 failing 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 List System at www.eols.cov. This 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 organization of this EPA assistance agreement must make an ongoing, good faith effort to
maintain adrug-free workplace pursuant to the spec'rfic requirements set forth in Title 40 CFR 36.200 -
36.230. 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 pertormance of
the award.
Those recipients who are individuals must comply with the drug-free provisions set forth in Title 40 CFR
36.300.
The consequences for violating this condition are detailed under Tftfe 40 CFR 36.510. Recipients can
access the Code of Federal Regulations (CFR) Title 40 Part 36 at .
htta'//www access cAO cov/naralcfr/waisidx O6/4odr36 06.htmL
71. Management Fees
Management fees or similar charges in excess of the direct costs and approved indirect rates are not
allowable. The tens "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 casts which are not allowable under this assistance 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 Limitation
If the recipient expends more than the amount of federal funding in its EPA approved budget in
anticipation of receiving 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 the EPA approved budget.
13. Trafficking Victims Protection Act of 2000
To implement requirements of Section 106 of the Trafficking Victims Protection 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, i1 a
subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the
Prohibition Statement below; or (2) has an employee who is determined 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 perlormance under this award; or (b) imputed to the
subrecipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 160, "OMB Guidelines to Agencies on Govemmentwide
Debarment and Suspension (Nonprocurement);' as implemented by cur agency at 2 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 Statement below.
b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements
section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)),
and (2) is in addition to all other remedies for noncompliance that are available to us under this award.
c. You must include the requirements of the Prohibition Statement below in any subaward you make to a
private entity.
Prohibition Statement - You as the recipient, your employees, subrecipients under this award, and
subrecipients' 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.
14. Disadvantaged Business Enterprise Requirements (Effective May 27, 2008)
GENERAL COMPLIANCE, 40 CFR, Part 33
The recipient agrees to comply with the requirements of EPA's Program for Utilization 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 his/her designee, fair share
objectives for MBE and WBE (MBEANBE) participation in procurement under the financial assistance
agreements.
Accepting the Fair Shan: 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
recipient's non-TAG assistance agreements from EPA in the current fiscal year is over $250,000. The
recipient accepts the applicable MBEM/BE 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°k; 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 market as Washington Offlce
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 MBEIWBE fair share objectives/goals. If the recipient
wishes to negotiate its own MBEANBE Tair share objectives/goals, the recipient agrees to submit proposed
MBEANBE 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 prgposed fair share objectives/goals, together with the supporting availability analysis or disparity
study, to the Regional MBEANBE Coordinator within 120 days of its acceptance of the financial assistance
award. EPA will respond to the proposed fair share objectivelgoals within 30 days of receiving the
submission. If proposed fair share objective/goals are not received within the 120 day time frame, the
recipient may not expend its EPA funds for procurements until the proposed fair share objective/goalsore
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 practicable 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 permit, 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, State and local Government recipients, this will include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation
by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large fior one of these firms to
handle individualty.
(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
paragraphs (a) through (e) of this section.
MBEANBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
The recipient agrees to complete and submit EPA Form 5700.52A, "MBEANBE Utilization Under Federal
Grants, Cooperative Agreements and Interagency Agreements' beginning with the Federal fiscal year
reporting period the recipient receives the award, and continuing until the project is completed. Only
procurements with certified MBENVBEs are counted toward a recipient's MBENVBE
accomplishments. The reports must be submitted semiannually for the periods ending March 31" and
September 30~° for:
Recipients of financial assistance agreements that 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, Mailcode: OMP-145, Seattle, WA 98101. For further information, please
contact Greg Luchey at (206) 553-2967, email: Luchev.Grec®eoa.cov. Final MBEANBE reports must
be submitted within 90 days after the project period of the grant ends. Your grant cannot be
officially closed without all MBENVBE reports.
EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on
the Internet at www.ena.cov/osbo.
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 33.50t(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 entities receiving identified loans to create and maintain a bidders list'rf 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 spec'rfic requirements and exemptions.
15. Payment to Consultants
EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by
recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for
Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to
consultation services of designated individuals wfth specialized skills who are paid at a daily or hourly rate.
As of January 1, 2070, 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 tines for services which are awarded using the procurement requirements in 40 CFR
Parts 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the
recipient with responsibility for the selection, direction, and control of the individuals who will be providing
services under the contract at an hourly or daily rate of compensation. See 40 CFR 30.27(b) or 40 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 Internet site: httpJ/www.opm.gov/oca. Select "Salary and Wages", and select
"Executive Schedule". The annual salary is divided by 2087 hours to deterrnine the maximum hourly rate,
which is then multiplied by 8 to determine the maximum daily rate.
16. Subawards
a. The recipient agrees to:
(1) Establish all subaward agreements in writing;
(2) Maintain primary responsibility for ensuring successful completion of the EPA-approved project
(this responsibility cannot be delegated or transferred to a subrecipient);
(3) Ensure that any Subawards comply with the standards in Section 210{a)-(d) of OMB Circular A-133
and are not used to acquire commercial goods or services for the recipient;
(4) Ensure that any Subawards are awarded to eligible subrecipients and that proposed subaward
costs are necessary, reasonable, and allocable;
(5) Ensure that any Subawards to 501(c)(4) organizations do not involve lobbying activities;
(6) Monitor the performance of their recipients and ensure that they comply with all applicable
regulations, statutes, and terms and conditions which flaw down in the subaward;
(7) Obtain EPA's consent before making a subaward to a foreign or international organization, or a
subaward to be performed in a foreign country; and
(8) Obtain approval from EPA for any new subaward work that is not outlined in the approved work
plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable.
b. Any questions about subrecipient eligibility or other issues pertaining to Subawards should be
addressed to the recipient's EPA Project Officer. Additional inforrnation regarding subawards may be
found at htto'//www eoa aov/Dad/guide/subaward-oolicv-Dart-2 pdf. Guidance for distinguishing between
vendor and subrecipient relationships and ensuring compliance with Section 210(a)-(d) of OMB Circular
A-133 can be found at htto://www.eoa.aov/ogd/cuide/subawards-aooendix-b.odf and
c. The recipient is responsible for selecting its subrecipients and, if applicable, for conducting subaward
competitions.
Programmatic Conditions
Puget Sound Watershed Management Assistance Program
1. Semi-Annual Performance Reports
The recipient shall submit performance reports every six (6) months during the life of the project. Reports
are due 30 calendar days after the end of each reporting period. Reports shall be submitted to the EPA
Project Officer and maybe provided electronically.
In accordance with 40 CFR Part 30.51(d) and 40 CFR Part 31.4D, as appropriate, the recipient agrees to
submit performance reports that include brief information on each of the following 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 overruns
or high unit costs.
In add'rlion to the semi-annual performance reports, the recipient shall immediately notify the EPA Project
Officer of developments that have a significant impact on the award-supported activities. In accordance
with 40 CFR Part 30.51(f) and 40 CFR Part 37.40(d), as appropriate, the recipient agrees to inform the
EPA Project Officer as soon as problems, delays or adverse conditions become known which will
materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work
plan. This not'rfication shall include a statement of the action taken or contemplated, and any assistance
needed to resolve the situation.
2. Final Performance Report
In addition to the periodic performance reports, the recipient shall submit a final performance report, which
is due 90 calendar days after the expiration or termination of the award. The report shall be submitted to
the EPA Project Officer and maybe provided electronically. The report shall generally contain the same
information as in the periodic reports, 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 Officer deems such a report is inappropriate or unnecessary.
3. Program Income -Addition
If program income is generated, the recipient is required to account for program income related to this
project. Progrem income earned during the project period shall be retained by the recipient and shall be
added to funds committed to the project by EPA and the recipient, and shall be used to further eligible
project objectives.
4. Recognition of EPA Funding
Reports, documents, signage, videos, or other media, developed as part of projects funded by this
assistance agreement shall contain the following statement:
"This project has been funded wholly or in part by the United States Environmental Protection Agency
under assistance agreement PO-OOJ08601 to Jefferson County Department of Community Development
The contents of this document do not necessarily reflect the views and policies of the Environmental
Protection Agency, nor does mention of trade names or commercial products constitute endorsement or
recommendation for use."
5. Copyrighted Material
In accordance with 40 CFR 31.34 for State, local and Indian Tribal governments or 40 CFR 30.36 for other
recipients, EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or
other data developed under this assistance agreement for Federal purposes.
Examples of a Federal purpose include but are not limited to: (1 }Use by EPA and other Federal
employees for official Govemment purposes; (2) Use by Federal contractors pertorming specific tasks for
the Govemment; (3) Publication in EPA documents provided the document does not disclose trade
secrets (e.g. software codes) and the work is properly attributed to the recipient through citation or
otherwise; (4) Reproduction of documents for inclusion in Federal depositories; (5) Use by State, tribal and
local governments that carry out delegated Federal environmental programs as "co-regulators" or act as
official partners with EPA to carry out a national environmental program within their jurisdiction and; (6)
Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of
EPA's authorization to the other grantee to use the copyrighted works or other data.
Under Item 6, the grantee acknowledges that EPA may authorize another grantee(s) to use the
copyrighted works or other data developed under this grant as a result of:
a. the selection of another grantee by EPA to perform a project that will involve the use of the
copyrighted works or other data or;
b. termination or expiration of this agreement.
In addition, EPA may authorize another grantee to use copyrighted works or other data developed with
Agency funds provided under this grant to perform another grant when such use promotes efficient and
effective use of Federal grant funds.
6. EPA's Substantial Involvement
EPA will be substantially involved in this project by participating in the following activities: (1) Within the
first nine months of the project, EPA reserves the right to negotiate work plan and budget; (2) monitor the
project management and execution throughout the assistance agreements project and budget period; (3)
provide technical assistance and coordination as requested or needed by the recipient; and (4) review and
approve technical deliverables.
7. Information Technology
Recipients are required to institute standardized reporting requirements into their work plans and include
such costs in their budgets. All environmental data will be required to be entered into the Agency's
Storage and Retrieval data system (STOREY). STOREY is a repository for water quality, biological, and
other physical data used by state environmental agencies, EPA and other federal agencies, universities,
private citizens, and many other organizations. It is highly recommended that the grant recipient attend
EPA sponsored STOREY training as soon as practical and as training is available. Information regarding
training sessions sponsored by EPA will be provided by the EPA Project Otticer. More information about
STOREY can be found at htto://www.eoa.gov/STOREY.
Region 10 STOREY Contact: John Liston, STOREY Coordinator, at (206) 553-2580 or email:
Liston.John ~ eoa.oov.
END OF ASSISTANCE AGREEMENT PO-OOJ08607-0
PO - INU08601 -1 Pa e 1
GRANT NUMBER (FAIN): OOJ08607
~D
~-
""'~ ENVIRONMENTAL
U
S MODIFlCATIONNUMBER 1 DATE OF AWARD
,, .
. PROGRAM CODE: PO D7730/2012
A PROTECTION AGENCY TYPE OF ACTION MAILING DATE
No Cost AmentlmaM 01 /3 012 01 2
AssistaneeAmendment PAYMENT METHOD: ACHR
X0829
RECIPIENT TYPE: Sentl Payrrent Request to:
County Las Vegas Finance Center
FAX t 702-798-2423
RECIPIENT: PAYEE:
Jefferson County Jefferson County
621 Sheridan Street 621 Sheridan Street
PoR Townsend, WA 98368 Port Townsend, WA 98368
EIN: 91-6001322
PROJECT MANAGER EPA PROJECT OFFICE R EPA GRANT SPECUILIST
Michelle McConnell Michelle Wilcox Torry Foamier
621 Sheridan SVeet 300 Desmontl Drive S.E., VJOO 1200 Sixth Avenue, Suite 900, OMP-145
Port Townsentl, WA 95368 Lacey, WA 98503 Seattle, WA 98101
E-Mail: mmccannell~co.jefferson.wa.us E-IAaii: Wikox.Michelle~epa.gov E-Mail: Foumier.Tony~epa.gov
Phone: 360-379<484 Phone: 360.753-9543 Phone: 208-553-1838
PROJECT TITLE AND EXPLANATION OF CHANGES
Watershed Stewardship Resource Center
This amendment approves budget revisions exceeding 10%of the total project cost, revises adminlstradve conditions 1 and 4, antl adtls administrafive contli9o
17. All oNer terms and conditions, and the F3A funding amount, remain the same.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
06/01!2010 - 06!30/2013 06!01/2010 - 06!3012013 $800,648.00 $800,846.00
NOTICE OF AWARD
Based on your applkatlon dated Dt/26/2010, Including ail modifications and amendments, Me United States ailing by and through the US Environmental
Pmtectlon Agency (EPA), hereby awards $. EPA agrees to cost-share 67.00% of all approved budget pedod costs Incurred, up to and not exceeding total
federal landing of E533,761. Such award may be terminated by EPA without further cause if the redpient fails tc provide Gmety affirmation of the awartl M
signing under the Affirmation of AwaM secfien and returMng all pages of this agreement to the Grants Management Office listetl Delow wither 21 tlays after
receipt, or any ezlereion of 5me, as may be granted by EPA TNs agreement is subject to applicable EPA statutory provisions. The applicable regulatory
provisions ere 40 CFR Chapter 1, Subchapter B, and all terms and conditions of this agreement and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION /ADDRESS ORGANIZATION! ADDRESS
EPA Region 10 U.S. EPA, Region 10
Mall Code: OMP-145 Office of Ecosystems Tdbal and Public Affairs
1200 Sixth Avenue, Suite 80D 1200 Sixth Avenue, Suite 900
Seattle, WA 98101 Seattle, WA 98101
THE UNITED STATES OF AMERICA BY THE US. ENVIRONMENTAL PROTECTION AGENCY
Digital signature applied by EPA AvnM Official DATE
Tony R Foamier - GIA Spedalist 01130Yt012
AFFIRMATION OF AWARD
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE TYPED NAME AND TITLE DATE
~c~~4rLStrt~r, Chair. Jefferson County Board of Commissioners Z (p
Approved as to form only:
X131112
Jeffemon Co. ProsecBtm'E ee
EPA Funding Information Po-oo~pssot-, Paget
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ 533,761 $ $ 533,761
EPA In-Kind Amount $ D $ $ p
Unexpended Prior Year Balance $ 0 $ $ p
Other Federal Funds $ 0 $ $ p
Recipient Contribution $ 266,885 $ $ 266,885
State Contribution $ 0 $ $ p
Local Contribution $ 0 $ $ p
Other Contribution $ 0 $ $ p
Allowable Project Cost $ 8p0,646 $ 0 $ 800,646
Assistance Program (CFDA) Statutory Authority Regulatory Authority
66.120 -Puget Sound Watershed Management
Assistance Clean Water Act: Sec. 320
FY 2009 Omnibus Appropdations Ad (PL 111-8) 40 CFR PTS 31 8 35 SUBPT P
Fiscal
Site Name Req No FY Approp.
Code Budget
Organization PRC Object
Class SitelProject Cosr
Organization Obligation /
Deobligation
Bud et Summa Pa e
PO - OOJ08601 - 1 Page 3
Table A -Object Class Category
(Non-construction) Total Appmved Allowable
Budget Period Cost
1. Personnel $290,626
2. Fringe Benefits $90,707
3. Travel $1,350
4. Equipment $p
5. Supplies $4,708
6. Contractual $287,605
7. Constructlon $0
8. Other $23,041
9. Total Direct Charges $698,037
10. Indirect COSts: % Base $102,609
11. Total (Share: Recipient 33.00% Fetleral 67_00%.) $800,646
12. Total Approved Assistance Amount $533,761
13. Program Income $0
14. Total EPA Amount Awarded This Action $p
15. Total EPA Amount Awarded To Date $533,761
Administrative Conditions
Conditions 1 and 4 are revised:
1. Payment Information
PO - OOJ08601 -1 Page 4
a. The Debt Collection 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 Application for Payments (ASAP
The ASAP system is the preferred method of payment for EPA grantees. ASAP enrollment is highly
encouraged for organizations that have multiple grants/cooperative agreements and for those with a
frequent need to request funds. If your organization uses multiple bank accounts for EPA
grants/cooperative agreements, you must enroll in ASAP. If you are interested in requesting and
receiving funds paperless and electronically via ASAP, please complete the ASAP Initiate Enrollment
form located at htto /lwww.epa.qov/ocfo/finserviceslforms.htm and fax it 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 Recipient's
account. Approved funds are credited to the recipient organization at the financial institution identifed on
the recipient's ASAP enrollment application. Additional information concerning ASAP and enrollment can
be obtained by contacting the EPA Las Vegas Finance Center, at (702) 798-2485, or by visiting
www.fm s. trea s. a ov/asa p.
Electronic Funds Transfer (EF_T
Under this payment mechanism, the EPA Las Vegas Finance Center will obtain your organization's
banking information from your Central Contractor Registry (CCR) registration. Upon completion of
required Regional training and receipt of the award affirmation, a Las Vegas Finance Center
Representative will send you an email message with your EFT Control Number and payment information.
Additional information concerning EFT can be obtained by contacting the EPA Las Vegas Finance Center
at (702) 798-2485, or by visiting http:/lwww.eoa.govlocfolfinserviceslpavinfo.htm
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 Vegas Finance Center as soon
as possible so the new banking information can be retrieved. This is vital to ensure proper and timely
deposit of funds.
b. In accepting this assistance agreement, the recipient agrees to draw cash only as needed for its
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 f Wanting method changed to a
reimbursable basis.
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. Within nine months after the end of a recipient's fiscal year or 30 days
after receiving 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 Internet Data Entry System. Complete information on how to accomplish
the single audit submissions, you will need to visit the Federal Audit Clearinghouse Web site:
htto:l/h arvester. census.gov/fat/.
Condition 17 is added:
17. DUNS and CCR Requirements (Effective 1 010 112 01 0y
Central Contractor Registration and Universal Identifier Requirements
A. Requirement for Central Contractor Registration (CCR
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 after the initial registration, and more frequently if
required by changes in your information or another award term.
B. Requirement for Data Universal Numbering System (DUNS) numbers
If you are authorized to make subawards under this award, you:
1. Mus[ notify potential subrecipients 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 Registration (CCR1 means the Federal repository into which an entity must
provide information required for the conduct of business as a recipient. Additional information
about registration procedures may be found at the CCR Internet site (currently at
http:l/www.ccr.gov).
2. Data Universal Numbering System (DUNS) number means the nine-digit number established
and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS
number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet
(currently at http://fedaov.dnb.com/webform).
3. Entity as it is used in this award term, means all of the following, as defined at 2 CFR part 25,
subpart C:
a. A Governmental organization, which is a State, local government, or Indian tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-proft organization; and
e. A Federal agency, but only as a subrecipient 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 subrecipient.
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, and Non-Profit Organizations").
c. A subaward may be provided through any legal agreement, including an agreement that
you consider a contract.
5. subrecipient 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.
All Other Administrative Conditions Remain the Same
Programmatic Conditions
All Programmatic Conditions Remain the Same
END OF ASSISTANCE AMENDMENT PO-OOJ08601-1
Interlocal Agreement Jefferson County and Clallam Conservation District
EXHIBIT B
Scope of Work
Low Impact Development Demonstration Garden - The Contractor will coordinate and collaborate with
the City of 5equim to install a variety of low impact development (LID) stormwater management
practices at the City of Sequim Albert Haller Playfields and Class A Water Reuse Demonstration Site
near the Came Blake Park (see attached overview graphic). Practices planned for demonstration
include the following:
Permeable Pavement
o A 12-foot wide by 6001inear feet driving strip of porous asphalt will be laid down the middle
of a 100-space parking lot adjacent to the Albert Haller Playfields. The recently installed
parking lot consists of crushed basalt rock. Demonstrating an alternative practice for
managing stormwater is very appropriate for this highly visible and heavily used site.
Bioretention Swale
o An existing stormwater runoff overflow ditch, approximately 250 feet long adjacent to
the Albert Haller Playfield parking lot will be enhanced to also function as a vegetated
biofiltration Swale by regrading the banks, amending the soil, installing a reclaimed water
line for irrigation, and planfing with native species and other vegetation suitable for well-
drained soils.
Site Planning and Maintenance
o A low water-use planting area approximately''/Z acre in size, will be installed between the
vegetated Swale and the protective buffer of Bell Creek. This low-maintenance
naturalized planting will incorporate the following:
• Alternatives to turf grass such as ecoturf
• Native trees and shrubs suitable for well drained soils;
• Natural yard care practices; and
• Composting, soil amendments, and mulching.
Interpretive Signs
o Up to three (3) informational signs will be designed and installed at the site of each
demonstration practice for passive education about the two LID stormwater management
practices and the low water-use planting and to facilitate self-guided tours. Fewer than
three signs maybe installed if it is determined that the necessary infornlation can be
appropriately and effectively combined for more than one demonstration. The focus will
be on how LID mimics natural functions and how such stormwater practices can be
applied at residential sites for benefits at the parcel and watershed scales. The signs will
also indicate where additional examples can be found in the area to create a network of
learning sites.
LID Demonstration Garden - Sequim
Page 9 of 12
Interlocal A reement Jefferson Count and Clallam Conservation District
PARTNERS
Clallam Conservation District (the Contractor) will:
1. Lead the design of the LID and stormwater management practices;
2. Lead the design of the interpretive signs;
3. Plan to utilize the site for future educational workshops on natural landscaping and LID; and
4. Work with the following partners to complete tasks & deliverables:
A. Sequim Family Advocates will:
1. Lead the construction/installation of the porous asphalt driving strip.
B. Master Gazdeners Foundation of Clallam County will:
1. Contribute volunteer labor for construction;
2. Solicit local businesses for in-kind labor and materials donations;
3. Ensure long-term maintenance of the LID and stormwater management demonstrations;
4. Serve as docents to educate visitors.
C. The City of Sequim will:
1. Contribute in-kind engineering assistance;
2. Install a water line for use of reclaimed water;
3. Assume ultimate ownership and maintenance of the improvements made on city property.
LOCATION
City of Sequim Albert Haller Playfields and Water Reuse Demonstration Site -
Over the past ten yeazs, the City of Sequim has been developing a water re-use demonstration site
adjacent to Carrie Blake Park, the city's largest park. The demonstration site receives reclaimed sewage
treatment plant water treated to Class A standards and demonstrates its use for irrigation and stream flow
augmentation. The city of Sequim demonstration project's objective is to fully implement a tertiary
treatment system and reuse 100 % of the city's wastewater. In 2011, the nonprofit Sequim Family
Advocates led a community effort to build playfields and a 100-space gravel pazking lot at the Water
Reuse Demonstration Site. The site is fully accessible to the general public.
DELIVERABLES
1. Agendas, materials and meeting notes from planning sessions;
2. Site analysis documentation;
3. Design development documentation;
4. Permitting documentation;
5. Construction documentation;
LID Demonstration Garden -Sequim
Page 10 of 12
Interlocal Agreement Jefferson Countv and Clallam Conservation District
6. Site maintenance plan;
7. One (1) installed LID demonstrafion project that includes permeable paving, bioretention and
low water-use landscaping;
8. Digital file(s) of interpretive sign art, layout, copy and contact info for hardware supplier;
9. Photo &/or video documentation of site before, during and after construction;
10. List of all parties involved, especially volunteers and any materials/services provided as in-kind
donations;
11. Progress reports submitted quarterly, at a minimum, or with every payment reimbursement
request.
LID Demonstration Garden - Sequim
Page 11 of 12
Interlocal Agreement Jefferson County and Clallam Conservation District
EXHIBIT C
Project Budget
Federal Match TOTAL
Permeable Pavement $19,000 $7,000 $26,000
Bioretention Swale $3,000 $1,000 $4,000
Low Water Use Landscaping $1,000 $2,000 $3,000
Administration $1,000 $0 $1,000
TOTAL $24,000 $10,000 $34,000
MATCH
ACTIVITY
BUDGET
STAFFING GOODS &
SERVICES
WSCC
Permeable Pavement -approx. 6000 s.f.
Construction, installation & materials $25,SD0 $18,500 '$7,000
Interpretive Sign $500 $500
Subtotal $26,000
Biofiltration Swale
Engineering /design work $500 $50D
Installation/construction $3,500 $2,500 ,,,$t,00D
Subtotal $4,000
Low Water Plantin
Engineering 1 design work $500 $500
Installation l construction $2,500 $500 $2,000-
Subtotal $3,000
Administrative $1,000 $1,000
TOTAL $34,000 $2,000 $22,000 $10,000
LID Demonstration Garden - Sequim
Page 12 of 12