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031113_ca08
Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Carl Smith, Director -Department of Community Development Stacie Hoskins, Planning Manager ~~ Michelle McConnell, Associate Planner/WSRC Project Manager/~LL/lN Shannon Glass, Assistant Planner/WSRC Coach ~ ~,~ DATE: March 11, 2013 SUBJECT: Professional Services Agreement with Gemini Architectural Design LLC for Watershed Stewardship Resource Center; (EPA Grant #PO-00108601-1) ATTACHED: 1) Professional Services Agreement; 2) LID Demo Garden Design STATEMENT OF ISSUE: Department of Community Development (DCD) requests the Board's approval of a Professional Services Agreement with Gemini Architectural Design LLC for architectural design services as part of the Watershed Stewardship Resource Center EPA grant project. BACKGROUND/ANALYSIS/STRATEGIC GOALS/PROS and CONS: The Resource Center project provides information, assistance and inspiration to landowners, development professionals, and interested citizens to facilitate land use project planning and permitting. A Low Impact Development (LID) Demonstration Garden will be installed this spring adjacent to the parking lot at the Castle Hill Shopping Center. It will feature rain gardens, permeable pavement, water catchment, a green roof, drought-tolerant and native plants, and other simple, effective ways to improve landscapes and reduce polluted runoff. Resource Center visitors will be able to experience the appeal of these functional and aesthetic landscape practices that can also serve as effective stormwater management facilities. The garden design includes an ecoroof entry kiosk and ametal-roofed shade structure to demonstrate water collection. To ensure that these site structures are designed for public safety and receive permit approval from the City of Port Townsend, a design with structural calculations will be prepared. Gemini Architectural Design LLC has the expertise to assist this task to fit within the proposed site design. FISCAL IMPACT/COST-BENEFIT ANALYSIS: Total contract cost for these architectural design services is $1000. These project expenses will be reimbursed to the County via the EPA grant funds. Consent Agenda RECOMMENDATION: Approve the Professional Services Agreement with Gemini Architectural Design LLC for architectural design services for the Watershed Stewardship Resource Center grant project. REVIEWED BY: f~ ~/~,-- f ~~ ~~ Phi ip Morley o ntyAdministr or ~~~ Date PROFESSIONAL SERVICES AGREEMENT BETWEEN JEFFERSON COUNTY AND GEMINI ARCHITECTURAL DESIGN LLC FOR THE WATERSHED STEWARDSHIP RESOURCE CENTER THIS AGREEMENT is made and entered into as of Mazch 11, 2013 by and between Jefferson County, a Washington municipal corporation, hereinafter referred to as the "County," and Gemini Architectural Design LLC, hereinafter referred to as the "Consultant." In consideration of the mutual promises, covenants, terms and conditions contained herein and attached and made a part of this agreement, the parties hereto agree as follows: 1. Services to be Provided by the Parties: 1.1 The Consultant for purposes of this Agreement is one distinct firm, person or business entity retained by the County to perform professional services described in more detail below. 1.2 The Consultant is retained by the County to provide architectural design services for two structural features of a Low Impact Development (LID) Demonstration Garden in connection with the Watershed Stewardship Resource Center, a project funded by a federal Environmental Protection Agency Puget Sound Watershed Management Assistance Agreement (`EPA Grant Agreement'). 1.3 All work performed by the Consultant shall comply with the Administrative Conditions and Programmatic Conditions as defined in the EPA Grant Agreement #PO-00708601, and as amended, included herein as Exhibit B. The Consultant shall comply with all Jefferson County requirements (billing, reporting, subawazd bidding/contracts, etc.). Equipment will not be purchased without prior written approval of the County in accordance with the EPA Grant Agreement. The Consultant 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. 1.4 The Consultant shall complete in a satisfactory and proper manner as determined by the County, the technical and professional services by outlined in Exhibit A, herein referred to as the "Scope of Services," including the provision of all labor, materials, equipment and supplies. 1.5 The County will be responsible for expense of copying and distribution of quantities of documents resultant from this agreement. 2. Time of Performance. The effective date of this Agreement shall be the date the parties sign and complete execution of the Agreement. The termination date of the Agreement shall be upon completion of all tasks and deliverables identified under the Exhibit A Scope of Services. All work shall be completed no later than March 18, 2013, unless an extension of time beyond the deadline listed herein is granted in writing by the County. JEFFERSON COUNTY/GEMINI ARQ-IlTECr[JRAL DESIGN LLC PAGEI March 11, 2013 3. Payment. 3.1 The County shall reimburse the Consultant for all allowable expenses to complete the Proposal. A detailed breakdown of costs is outlined in Exhibit C., h the "Contract Budget". 3.2 Reimbursement under this Agreement shall be based on billings, suppol documentation of costs actually incurred. It is expressly understood that claims for rein substituted in excess of actual, immediate cash requirements necessary to carry out the Agreement. 3.3 The Consultant may submit vouchers to the County once per month work for partial payment for project tasks completed to date, up to 90% of the cost allo task, before submittal of the deliverable for said task. Once a deliverable is submitted ; County, the consultant may submit vouchers for the balance of the cost allocated to the The County will review and check such vouchers, and upon approval thereof, payment Consultant in the amount approved. In no event shall the total amount to be reimbursed the sum of ONE THOUSAND DOLLARS ($1,000) without express written modifica ;d upon by the parties after referred to as by appropriate ~sement shall not be Doses of the ag the progress of the sated to each project nd accepted by the project task (final 10%}. will be made to the by the County exceed ion of the Agreement. 3.4 Final payment of any balance due to the Consultant of the total contract nce earned will be made promptly upon its ascertainment and verification by the County after the complet on of the work under this agreement and its acceptance by the County. 3.5 For each hour of service provided pursuant to this Agreement the fr apply: Consultant @ $75.00 per hour. Portions of hours shall be billed in not less increments. 4. Consultant's Accounting Books and Records; Audit. The Consultant shall k accurate books and records of account in accordance with sound accounting principles, and all costs, liabilities and obligations incurred under this Agreement in relation to the which compensation is paid. These accounts, books and records shall be available, upo the County or its representatives for examination and audit. The County shall have the monitor the financial and other compensation of services and work under this Ageeme keep and maintain any such books and records for a period of no less than three (3) yea termination of this Agreement. 5. Ownership and Use of Documents. All work products, papers, notes, memora drawings, specifications, reports, and other documents and records produced, received, conjunction with the performance of this Agreement by the Consultant shall be and are of the County, except that the Consultant may use such materials to assist other public of the County, or upon completion of any services provided for in this Agreement, or ul Agreement for any reason, the Consultant shall deliver to the County any and all materi granted permission to use work products as examples of work produced for marketing J credit Jefferson County as owner of said products. JEFFERSONCOUNTY/GEMINI AACFIITECTURAL DESIGN LLC Mazch 11, 2013 ing hourly rates shall 0.2 hours (12 minutes) ;ep and maintain, of all expenditures made services performed for ~ reasonable request, to fight to review and It. The Consultant shall 's from the date of correspondence, i or maintained in exclusive property icies. Upon request termination of this Consultant is ores. Such use will PAGE2 6. Independent Consultant; No Partnership. The relationship of the Consultant to the County shall be that of an independent Consultant rendering professional services. The Consultant shall have no authority to execute agreements or to make commitments on behalf of the County and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the County and the Consultant. It is further understood and agreed that nothing within this Agreement shall be construed as creating or constituting a partnership between the parties. 7. Dufies of the County. All information, data and reports which the County has readily available and which the Consultant deems reasonably necessary for the performance of the services it is required to provide under this Agreement, shall be furnished to the Consultant without charge by the County. The County shall also cooperate with the Consultant as requested by the Consultant to aid it in the performance of the services to be rendered. 8. Suspension, Termination, and Close Out. If the Consultant fails to comply with the terms and conditions of this Agreement, the County may pursue such remedies as are legally available, including, but not limited to, the suspension or termination of this Agreement in the manner specified as Follows: 8.1 Suspension - If the Consultant fails to comply with the terms and conditions of this Agreement, or whenever the Consultant is unable to substantiate full compliance with the provisions of this Agreement, the County may suspend the Agreement pending corrective actions or investigation, effective not less than seven (7) calendar days following written notification to the Consultant or its authorized representative. The suspension will remain in full force and effect until the Consultant has taken corrective action to the satisfaction of the County and is able to substantiate its full compliance with the terms and conditions of this Agreement. No obligations incurred by the Consultant or its authorized representative during the period of suspension will be allowable under the Agreement except: 8.1.1 Reasonable, proper, and otherwise allowable costs which the Consultant could not avoid during the period of suspension; 8.1.2 If upon investigation, the Consultant is able to substantiate complete wmpliance with the terms and conditions of this Agreement, otherwise allowable costs incurred during the period of suspension will be allowed; and 8.1.3 In the event all or any portion of the work prepared or partially prepared by the Consultant is suspended, abandoned, or otherwise terminated, the County shall pay the Consultant for work performed to the satisfaction of the County, in accordance with the percentage of the work completed. 8.2 Termination for Cause - If the Consultant fails to comply with the terms and conditions of this Agreement and any of the following conditions exist: 8.2.1 The actions or omissions of the Contractor that reflect a lack of compliance with the provisions of this Agreement were of such scope and nature that the County deems continuation of the Agreement to be substantially detrimental to the interests of the County; or JEFFERSON COUNTY/GEMINI ARQ-IITECIl7RAL DESIGN LLC PAGE 3 March 11, 2013 8.2.2 The Consultant has failed to take satisfactory action as directed l~y the County or its authorized representative within the time period specified by the County; or 8.2.3 The Consultant has failed within the time specified by the Coun or its authorized representative to satisfactorily substantiate its compliance with the terms and condition of this Agreement; then, Then the County may terminate this Agreement in whole or in part, and thereupon shal notify the Consultant of termination, the reasons for, and the effective date of the termination, provided that su effective date shall not be prior to notification of the Consultant. After this effective date, no charges incurred under any terminated portions of the Scope of Work are allowable. 8.3 Termination for Other Grounds -This Agreement may also be terminated in whole or in part: 8.3.1 By the County, with the consent of the Consultant, or by the Co sultant with the consent of the County, in which case the two parties shall devise by mutual agreement, the con itions of termination, including effective date and in case of tennination in part, that portion to be terminated 8.3.2 If the funds allocated by the County via this Agreement aze from anticipated sources of revenue, and if the anticipated sources of revenue do not become available for use in p chasing said services; 8.3.3 In the event the County fails to pay the Consultant promptly or ithin thirty (30) days after invoices are rendered, the County agrees that the Consultant shall have the right t consider said default a breach of this Agreement and the duties of the Consultant under this Agreement termin ted. In such event, the County shall then promptly pay the Consultant for all services performed and all allow ble expenses incurred; and 8.3.4 The County may terminate this Agreement at any time giving at east ten (10) days notice in writing to the Consultant. If the Agreement is terminated for convenience of the Co my as provided herein, the Consultant will be paid for time provided and expenses incurred up to the terminati n date. 9. Changes, Amendments, Modification. The County may, from time to time, r quire changes or modifications in the Proposal. Such changes, including any decrease or increase in the ount of compensation, which are mutually agreed upon by the County and the Consultant shall e incorporated in written amendments to this Agreement. 10. Personnel. 10.1 The Consultant represents that it has, or will secure at its own expense, 11 personnel required in order to perform under this Agreement. Such personnel shall not be employees of the ounty. Such personnel may have additional contractual relationships with the County that, in the County's opi 'on, are not detrimental to implementing the professional services under this Agreement. 10.2 All services required under this Agreement will be performed by the Co Consultant's supervision and all personnel engaged in the work shall be fully qualified or permitted under state or Local law to perform such services. JEFFERSON COLRVIY/GEMINI ARCFD7'ECTCIRAL DESIGN LLC b9ar~h 11, 2013 Cant or under shall be authorized PAGE4 10.3 The Consultant shall subcontract Kirk Boike Architects for structural calculations during the project. All provisions of this Agreement shall also be applicable to and enforceable against the Subcontractor. Other than the above named Subcontractor, none of the work or services covered by this Ageement shall be subcontracted without prior written approval of the County, which shall not be unreasonably withheld. Any work or services subcontracted shall be specified in the written contract or agreement and shall be subject to each provision of this Agreement. 11. Assignability. The Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment or novation), without prior written consent of the County, which consent shall not be unreasonably withheld. 12. Reports and Information. The Consultant, at such times and in such forms as the County may require, shall famish the County such periodic reports as the County may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. 13. Nondiscrimination; Equal Employment Opportunity. The Consultant, and its employees, agents and sub Consultants, shall at all times comply with any and all federal, state or Local laws, ordinances, rules or regulations with respect to nondiscrimination and equal employment opporhrnity, which may at any time be applicable to the County by law, contract or otherwise. Without limiting the generality of the foregoing, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin, handicap or marital status, and as required bylaw Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, age, sex, national origin, handicap or marital status. Further, Consultant, its employees, agents and sub Consultants, shall not at any time discriminate against any other person or entity because of race, color, religion, age, sex, national origin, handicap or marital status. Consultant shall keep and maintain any and all records that may be required by law in connection with compliance with this section. 14. Wage and Hour Laws. Consultant shall at all times comply with all applicable provisions of the Fair Labor Standards Act (FLSA) and any other federal or state legislation affecting its employees, and the rules and regulations issued thereunder, insofar as applicable to its employees, and shall at all times save and hold harmless the County, its officers, agents and employees free, clear and harmless from any and all acfions, claims, demands and expenses arising out of the FLSA or other legislation and any rules and regulations that are or may be promulgated in connection with the FLSA. 15. Copyright. No report, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant. 16. Approval Not Deemed Release. Approval or acceptance by the County of any of the work of the Consultant shall not constitute nor be deemed a release of the responsibility and liability of the Consultant, or of JEFFERSON COUNTY/GEMIPR AACHITECIURAL DESIGN LLC PAGE 5 D7arch 11,2013 its employees, officers or sub Consultants, for the accuracy and competency of the wor ,nor shall such approval or acceptance be deemed to be an assumption of responsibility by the County or any defect in the work. Afrer acceptance of the work by the County, Consultant agrees to perform any a ditional services for no additional compensation as may be required by the County to correct the Consultant's rrors or omissions in the work by Consultant. 17. Compliance with Local Laws. The Consultant shall comply with all applicabl laws, ordinances, and codes of the state and local government and the Consultant shall hold the County harm ess with respect to any damages arising from any tort done in performing any of the work embraced by this A Bement. 18. Hold Harmless. The Consultant shall defend, indemnify and hold harmless th County, its appointed and elective officers, officials, employees, agents and volunteers from an against any d all losses, claims, injuries, liability, costs and expenses, including defense costs and legal fees, arising ou of or in connection with the Consultant's negligent acts and the County shall defend, indemnify and hold harml ss the Consultant from and against any and all losses, claims, injuries, liability, costs and expenses, including efense costs and legal fees, arising out of or in connection with the County's negligent acts.. This paragraph oes not purport to indemnify the County against liability for damages caused by the sole negligence of th County, its officials, agents, or employees. In the event the Consultant and the County are both negligent, e ch party shall be responsible in proportion to its negligence. 19. Insurance. The Consultant shall obtain and keep in force during the terms of th~ Agreement, or as otherwise required, the following insurance with companies or through sources approv d by the State Insurance Commissioner pursuant to RCW 48.05: 19.1 General Commercial Liability Insurance in an amount not less than a thousand dollars ($500,000.00) per occurrence and an aggregate of not less than two amount ($1,000,000.00 minimum) for bodily injury, including death and property da amount is specified in the contract specifications. The insurance coverage shall conl scope of the protection provided and include the following minimum coverages: 19.1.1 Broad form property damage, with no employee exclusion 19.1.2. Personal injury liability, including extended bodily injury 19.1.3 Broad form contractual/commercial liability -including a 19.1.4 Premises -operations liability (m&c) 19.1.5 Independent Consultants and sub Consultants 19.1.6 Blanket contractual liability 19.2 Worker's compensation and employer's liability insurance as required Washington. 19.3 Automobile liability insurance providing bodily injury and property d for all owned and non-owned vehicles assigned to or used in the performance of the limit of not less than $250,000 each occurrence with the County named as an additio_ with the Consultant's performance of the contract. JEFFERSON COUNTY/GEMINI ARCFIITECrURAL DESIGN LLC March 11, 2013 ;le limit of five hundred times the occurrence ;e, unless a Beater no limitations on the operations the State of age liability coverage rk for a combined single insured in connection PAGE 6 19.4 Said general liability policy shall name Jefferson County as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30} days prior written notice to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen (1 S) days of execution of this agreement. 20. Representatives; Notices. For purposes of administration of this Agreement, the representative of the County and the representative of the Consultant are set forth in this section below. All notices shall be delivered personally or may be mailed by certified mail, return receipt requested, to the other party. In the case of notice by mail, notice shall be deemed given in the date of postmark of the return receipt. COUNTY: CONSULTANT: Jefferson County Department of Community Development Gemini Architectural Design llc Cazl Smith, Director Michelle McConnell, Project Manager 621 Sheridan St Port Townsend WA 98368 Telephone: 360-379-4450 Facsimile: 360-379-4451 Email: wsrc@co.jefferson.wa.us Kevin Coker Kevin Coker 814 Garfield St Port Townsend WA 98368 Telephone: 360-3 85-2739 Cell Phone: 360-821-9581 Email: cokerdesignworks@msn.com 21. Conflicts of Interest and Appearance of Fairness. 21.1 Conflicts of Interest -Consultant covenants that it has had no interest and shall not acquire any interest directly or indirectly that would conflict in any manner or degree with the performance of services hereunder. Consultant further covenants that, in the performance of this Agreement, no person having any such interest shall be employed. 21.2 Appearance of Fairness -Consultant acknowledges that it is critically important that all dealings by the Consultant with the County be untainted by outside activities that would raise concerns of biased or unequal treatment among members of the public or persons or organizations, which do business with Jefferson County. To this end, the Consultant will not represent the interests of private clients before any County legislative or advisory body concerning issues subject to the scope of this Agreement. 22. Successors and Assigns. This Agreement shall be binding upon all the parties, their heirs, personal representatives, successors, and assigns. 23. Applicable Law; Venue. This Agreement shall be governed by the laws of Washington State. Venue for any action under this Agreement shall be in Jefferson County, Washington. 24. Disputes. The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Washington and ordinances of Jefferson County, Washington. Parties agree that any dispute arising out of the conduct of this Agreement may, at the option of either party, be submitted to binding arbitration, but only if mediation between the parties by a person or entity mutually agreed upon has failed. Should arbitration be necessazy to resolve a dispute between the parties, then each party shall select one JEFFERSON COUN"IY/GEMINI ARCFIITECI[7RAL DESIGN LLC PAGE 7 Match 11, 2013 arbitrator and those two arbitrators shall select a third azbitrator. The dispute shall be s ttled with a majority of arbitrators prevailing. The decision of the arbitration panel shall be binding on all parti s, and shall be enforceable, if necessazg in the Superior Court for Jefferson County, State of Washin on. Allocation between parties of payment of costs of arbitration shall be determined by the panel of azbitrators and their determination shall be final. In the event any action is brought by either party to enforce the decision f the azbitration panel, the parties agree that the party seeking enforcement shall pay to the other party the reas nable attorney fees and costs and disbursements incurred by such party. 25. Costs and Attorneys Fees. In the event any action is brought by either party t enforce the terms of this Agreement, or for breach of this Agreement by the other party, the parties agree th t each party shall pay the attorneys fees and costs disbursements incurred by such party. 26. Severability. If any term of provision of this Agreement is held invalid, the re ainder of such terms of provision of this Ageement shall not be affected, if such remainder would then contin e to conform to the terms and requirements of applicable law. 27. Individual Liability. The Consultant described in this Agreement shall be indi performing all of the obligations, services and duties described and listed in the Propos The cessation of business as a result of, for example, bankruptcy, by the business entit; Consultant shall not relieve the other business entity that is part of the Consultant from obligations under this Agreement or the scope of work. 28. Entire Agreement; Amendments. This Agreement, together with the Exhi and integrated agreement between the County and the Consultant and supersedes all representations, or agreements. This Agreement maybe amended only by a written the County and the Consultant. The attachments to this Agreement aze identified as follows: • Exhibit A. Scope of Services and Timeline • Exhibit B. EPA Grant Agreement #PO-OOJ08601 • Exhibit C. Contract Budget JEFFERSON COi1NrY/GENIIIVI ARC[-IlTECTURAL DESIGN LLC March ] 1, 2013 idually responsible for 1 and/or this Agreement. that constitutes this is contractual represents the entire • negotiations, ament signed by both PAGE 8 IN WITNESS WHEREOF the County and the Consultant have executed this Agreement as of the date and year last written below. JEFFERSON COUNTY, a Washington Municipal Corporation By: john Austin, BoCC Chairperson Approved as to legal form: !~C./a ~X 3) S~ t 3 David Alv z, Chief Civil eputy Prosecuting Attorney Attest/Authenticated: Philip Morley, County Administrator Carl Smith, DCD Director Date: CONSULTANT: By: Kevin Coker, Gemini Architectural Design LLC Date: ~~~ ~ ~~ JEFFERSON COUNTY/GEMINI AR©-][TECI'CIRAL DESIGN LLC PAGE 9 Maech 11, 2013 EXHIBIT A -Scope of Services and Timeline Note: Numbering convention retains consistency with EPA Grant Agreement. Grant Narrative: Task A -Watershed Stewazdship Resource Center provides context for the scope of t the Resource Center amenities: • "Visitors will be invited to ... visit the demonstration garden to viscerally experience xeriscaping alternative pavements, and other low impact development features. " The LID Demonstration Garden design includes a green/eco roof and rainwater demonstration of low impact development practices. Services & Deliverables: Task A.3 LID Demonstration Gazden -Structural Feature The scope of work involves the design and structural calculations for an ecoroof arbor with a metal roof for rainwater collection. The ecoroof arbor will be placed at a main interpretive panel, and the shade structure will be located in the central gathering circle include the following key features: 1. Ecoroof Entry Arbor • Wood-framed • Gabled or peaked roof, approximately 4:1 pitch • Vegetated roofing with 4-6 inch soil depth • Approximately T x 10' including overhang • Interpretive panel mounting surface • ADA compliant dimensions 2. Shade Structure • Wood-framed • Shed roof, approximately 4:1 pitch • Corrugated or standing seam metal roofing • Gutter and downspouts connected to rain barrel(s) • Approximately 150-200 square feet total footprint • Rounded or fan-shaped to fit within gathering circle area of garden Deliverables The deliverables required for bidding and permitting will include: • CAD drawings (.dwg file) • Specifications for inclusion in bid package • Structural calculations • Construction cost estimate /project valuation Proiect Schedule All tasks must be complete by 8:00 am on Monday, March 18, 2013. Reimbursement submitted before the June 30, 2013 grant expiration. JEFFERSON COUNrY/GEMINI AR©-IITEGT[7RAL DESIGN LLC Mash 11, 2013 agreement. As part of appeal of rain gardens, and reuse features as ~d a shade structure try point and include an Each structure will must be PAGE 10 Proiect Budget The total agreement cost is not to exceed $1000. See attached budget in Exhibit C for details. JEFFERSON COUNTY/GEMINI ARQ-DTECI'URAL DESIGN LLC PAGE 11 March 11, 2013 EXHIBIT B -EPA Grant Agreement #PO-OOJ08601 JEFFERSON COUNTY/GEMINI ARQ-IITECTURAL DESIGN LLC PAGE 72 March 11, 2013 RJ-UWUa%!l-U Y el '`E° ASSISTANCE ID NO. ~ U.S. ENVIRONMENTAL PRG DocID AMENDI DATE OF AWARD ,~~ PROTECTION AGENCY Po - oalossot - o or>/2ercotD TYPE OF ACTION MAIUNG DATE ~ New 07/0512010 i~y_•tL' Cooperative Agreement PAYMENT METHOD: ACHY RECIPIENT TYPE: PEND SerM Payment Request to: County Las Vegas Finance Center FAX A702-79&2423 RECIPIENT: PAYEE: Jefferson County Jefferson County 621 Sheridan Street 621 Sheddan Street Port Townsend, WA 98368 . Port Townsend WA 98368 EIN: 91.60()1322 , PROJECT MANAGER EPA PROJECT OFFlCER EPA GRANT SPECiAUST Midtelle McConnell Michelle WOcox Tony Founder 821 Sheritlat Street Port 7owrrserxl WA 86368 300 Desmond Drive S.E., WOO 1200 Sixth Avenue, Suite 800, OMP-145 , Lacey, WA 98503 Seattle. WA 98101 E-Aleil: mmxonnap6eo,je}terson.wa,us E-Mall: WlkoxASchelle~epa.gov E-Matt: FouMer.TOrry@epa ~- Phone: 36079.4484 Phone: 360.7539543 . Phone: 206-553-i 838 PROJECT TITLE AND DESCAIt>rl()N Watershed Stewardstdp Resource Center Jefferson Canty wiU create a Watershed Stewardship Resource Center ro guide property owners etxi developers ro apply sustainable deveopmern pracW:es. Designed as an optlottel'one stop strop'. the Center wti promote row impact development to srormwater maregemenL shoreline, critical area, and otirer envirorvnental protection requirements. The Center wlq use an innovalive'araching model' ro assist appUeanis with s8e design and wilt feature a bw impact developmerd demonstration garden and eMensive teaming resources. The model and curriculum may be applied ro other regions. NOTICE OF AWARD Based on your appUcatlon dated 01/28x2010, Including all.mod8iratfons and amerximents, the Untted States acting b1r and through the US EmlrormeMal rotal f~~Agerxy (EPA), hereby awards $533,761. EPA agrees rocost-share s7.oo% of afi approved budget perbd costs &rourred, up ro and Trot exceeding iturdrtg of 5533,761. Such award maybe terminated by EPA without furttrer cause'rf the redplent tails ro provide limey affirmation of the award by signing under the Affirmation or award section and rstumirg all pages of this agreement ro tite Grams Managemern Office Usted bebw wi8dn 21 days after receipt, or any eMension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 7, Subchapter B, and alt terms and conditions of this agreement and any attachments. Mail Code: OMP-145 1200 SbM Avenue, Suke 900 Seattle, WA 98t0t Office of Ecosystems 7dha1 and public Affairs 1200 Sixth Avenue, Suite 900 Seattle, WA 96101 rnt uNrrED STATES OF AMEFHCA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFIGAL TYPED NAME AND TITLE Digital s(gnature applied by EPA Award Official 06/28/2010 Armina X. Nolan, Manager -Grants and Interagency Agreements Unit AFFIRMATION OF AWARD BY ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE TYPED NAME AND TREE DATE A.o-c+rp sli.w/v~7K~ GN~a / /2. /~ /. Tr1EFP.CSCh. ~~~ ~dk~ dT ~OMro.iS3/dhEY'> (S7/-L6/~O ~'_ppra.red as to form or.r: _~~~=°ason Co. Prosecutor' ~"~ ..~;<; EPA Funding Information Po - oasol- o Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This AMion $ $533,761 $ 533,761 EPA In-Kind Amount $ $ $ p Unexpended Prior Year Balance $ - $ $ p Other Federal Funds $ $ $ 0 Recipient Contribution $ $ 266,885 $ 266,865 State Contribution $ $ $ 0 Lora{ Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 800,646 $ 800,646 Assistance Program (CFDA) S~brtory AuUrodty Regulatory rity 66.120 -Puget Sound Watershed Management Assistance Chan Water Act: Sec. 320 FY 2009 Omnibus Appropriations Act (PL 111-B) 40 CFR PTS i & 35 SUBPT P Fiscal Site Name Req No FY Approp. Code Budget Organization PRC Object Class Sita/Proi Cost Organization Obligation / Deobligation - 1010UOG02 5 091 t000CK 403668E 416 533,761 533,761 B t Summ Pa e PO - OOJO8601 - 0 Page 3 Table A-Object Class Category (Non-construction) Total Approved Allowable Budget Period Cost t. Personnel - $349,669 2. Fringe Benetits $113,643 3. Travel $2,998 4. Equipment ~ $0 5. Supplies. $7,263 6. Contractual ~ $253,846 7. Construction $0 B. Other - $2,000 9. Total Direct Charges $729,419 7D. IndireM Costs: % Base $71,227 11. Total (Share: Recipient 33.00 % Federal 67.00 %.) $800,648 72. Total Approved Assistance Amount $533,761 13. Program ineo~rro $0 t4. Total EPA Amount Awarded This Action $533,761 15. Total EPA Amount Awarded To Date $533,761 Administrative Conditions 1. Payment Information PO - pQ108601 - 0 Page 4 All recipients must be enrolled to receive funds electronically via the EPA-EFT Payme t Process. This electronic funds transfer process was initiated by EPA in response to the Debt Collecti n Improvement Act of 1996, P.L. 104-134 that requires all federal paymeMS be made via Direct DeposiVEl ctronic Funds Transier(DD/EFT). By signing the assistance agreement you are agreeing to receive ayment 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) 798-24 After reviewing and processing the SF3881, the Las Vegas Finance Center (LVFC) wi I send you a letter assigning you an EFT Control Number, an EPA-EFT Recipient's Manual, and the nec sary forms for requesting funds and reporting purposes. If you need further assistance regarding enrollment, please contact Marge Pumphrey ~t (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) 798-2 92 or e-mail to: pumphrey.margaret ~ epa.gov. Under any of the above payment mechanisms, recipients may requesVdraw down adv nces for their immediate cash needs, provided the recipient meets the requirements of 40 CFR 30.2 (b) or 40 CFR 31.21(c), as applicable. Additionally, recipients must liquidate all obligations incurred ithin 90 calendar days of the project period end date. Therefore, recipients must submit the final reques for payment, and refund to EPA any balance of unobligated cash advanced within 90 calendar days afte the end of the project period. 2. Cost Principles/Indirect Costs for Local Governments & Interstate Agencies The cost principles of OMB Circular A-87, "Cost Principles for State, Local, and Indian Govemments," relocated to 2 CFR Part 225, is applicable, as appropriate, to this away If the recipient does not have a previously established indirect cost rate, it agrees that i 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: htt ://www.a d.nbc. ov~ndirec indirect.as . The local government recipient whose cognizant federal agency has been designated y the Office of Management and Budget (OMB) must develop and submit its indirect cost rate propos Ito its cognizant agency within six (6) months after the close of the governmental unit's fiscal year. If th cognizant federal agency has not been identified by the OMB, the local government recipient must still d velop (and when required, submit) its proposal within that period. The interstate agency recipient must send its proposal to its cognizant federal agency i months after the end of its fiscal year. If EPA is the cognizant federal agency of either agency or the local government, the recipient must send its indirect cost rate proposal months after the end of its fiscal year to: Regular 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 n six (6) interstate in six (6) 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~eoa.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 ou[) for additional 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 Internet at htto://www.eoa.aov/ocfoffinservices/forms.htm. All FFRs must be sutxnitted 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 Fnancial Report. Recipients will be notified and instructed by EPA if they must complete any additional forms for the cbseout 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 Governments, 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 searoh the Hotel-Motel National Master List at htto://www.usfa.dhs.oov/aoolications/hotel to see if a property is in compliance (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 ORGAN ZATIONS: In accordance with 40 CFR 30.16, the recipient agrees to use recycled paper and dou le sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This equirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which re printed on recycled paper and are available through the General Services Administration. STATE AGENCIES AND POLITICAL SUBDIVISIONS: In accordance with Section 6002 of the Resource Conservation and Recovery Act (RC A} (42 U.S.C. 6962) any State agency or agency of a political subdivision of a State which is using a propriated Federal funds shall comply with the requirements set forth. Regulations issued under RCRA S ction 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the qu ntity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Secti n 6002 requires that preference be given in procurement programs to the purchase of specific product containing recycled materials identified in guidelines developed by EPA. These guidelines are list d in 40 CFR 247. STATE AND LOCAL INSTITUTIONS OF HIGHER EDUCATION AND NON-PROFIT ORGANIZATIONS: In accordance with 40 CFR 30.16, State and local institutions of higher education, hos itals, and non-profit organizations that receive direct Federal funds shall give preference in their procurem nt programs funded with Federal funds to the purchase of recycled products pursuant to EPA's guid lines. STATE TRIBAL AND LOCAL GOVERNMENT RECIPIENTS: In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 13 23, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), t e recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a art of this agreement and delivered to EPA. This requirement does not apply to reports prepare on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available t rough the General Services Administration. 7. Lobbying ALL RECIPIENTS: The recipient agrees to comply with Ttle 40 CFR Part 34, New Restrictions on Lobbyi .The recipient shall include the language of this provision in award documents for all subawards exce ding $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 pr hibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms sh II be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expen iture. PART 30 RECIPIENTS: All contracts awarded by a recipient shall contain; when applicable, the anti-lobbying pr vision 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 no a nonprofit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or t at it is a nonprofit organization described in Section 501(c)(4) of the Code but does not and will not enga a in lobbying 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 awz assistance agreement are used to engage in lobbying of the Federal Government or in the United States unless authorized under existing law. The recipient shall abide by its Circular (A-21, A-87, or A-122), which prohibits the use of Federal grant funds for litigat United States or for lobbying or other political activities. d under this ation against pective OMB against the 9. Suspension and Debarment Recipient shall fully comply with Subpart C of 2 CFR Part 180 and2 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 responsiblefor further requiring the inclusion of a similar term or condition in any subsequent bwer 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.oov. 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 specific requirements set forth in Ttle 40 CFR 36.200 - 36.230. Additionally, in accordance with these regulations, the recipient organization must identrfy all known workplaces under its federal awards, and keep this information on file during the performance of the award. Those recipients who are individuals must comply with the drug-free provisions set forth in Title 40 CFR 36.30D. The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can access the Code of Federal Regulations (CFR) Title 40 Part 36 at . http://www.access.apo.aov/nara/cfr/waisidx 06/40cfr36 06.html. 11. Management Fees Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this 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. 73. Trafficking Victims Protection Act of ZOOD To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the following provisions apply to this award: a. W e, as the Federal awarding agency may unilaterally terminate this award, without penalty, if 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 performance 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 180, "OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (Nonprocurement)," as implemented by our 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: (i) implements section 106(8} of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(8)), and (2) is in addition to all other. remedies for noncompliance that are available to us u~rder this award c. You must include the requirements of the Prohibition Statement below in any suba and you make to a private entity. Prohibition Statement - You as the recipient, your employees, subrecipients under thi award, and subrecipients' employees may not engage in severe forms of trafficking in persons dur ng 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 aw rd. 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 f Small, Minority and Women's Business Enterprises in procurement under assistance agreements, co tained 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 MSE and WBE (MBE/W BE) participation in procurement under the finan ial assistance agreements. Accepting the Fair Share ObjectiveslGoals of Another Recipient The dollar amount of this assistance agreement is over $250,000; or the total dollar a ount 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 MBENVBE fair share objectives/goals negotiated with PA by the Washington Office of Minority and Women's Business Enterprises as follows: MBE: PURCHASED GOODS 8%; PURCHASED SERVICES 10%; PROFESSIONAL ERVICES 10% WBE: PURCHASED GOODS 4%; PURCHASED SERVICES 4%; PROFESSIONAL ERVICES 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 constructi n, supplies, services and equipment, in the same or similar relevant geographic buying market as ashington Office of Minority and Women's Business Enterprises. Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404 The.recipient has the option to negotiate its own MBEANBE fair share objectives/goals If the recipient wishes to negotiate its own MBE/W BE fair share objectives%goals, the recipient agrees to submit proposed MBENVBE objectives/goals based on an availability analysis, or disparity study, of qual Pied MBEs and W BEs in their relevant geographic buying market for construction, services, supplies a equipment. The submission of proposed fair share goals with the supporting analysis or disparity s udy means that the recipient is not accepting the fair share objectives/goals of another recipient. The reci lent agrees to submit proposed fair share objectives/goals, together with the supporting availability an lysis or disparity study, to the Regional MBEANBE Coordinator within 120 days of its acceptance of the inancial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of r ceiving the submission. If proposed fair share objective/goals are not received wthin the 120 day ime frame, the recipient may not expend its EPA funds for procurements until the proposed fair share bjective/goals are submitted. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, The recipient agrees to make the following good f ith efforts whenever procuring construction, equipment, services and supplies under an EPA fina cial assistance agreement, and to ensure that sub-recipients, loan recipients, and prime contractors al o 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 prat icable through outreach and recruitment activities. For Indian Tribal, State and Local and Governmen recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potenti I 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 for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e} of this section. MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503 The recipient agrees to complete and submit EPA Form 5700-52A, "MBE/WBE 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 cert'died MBEMIBEs are counted toward a recipient's MBE/WBE accomplishments. The reports must be submitted semiannually for the periods ending March 3t" and September 30'" for. Recipients of financial assistance agreements that capitalize revolving ban 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 Luckey at (206) 553-2967, email: Luchev.Grea@eoa.oov. Final MBEMIBE reports must be submitted within 90 days after the project period of the grant ends. Your grant cannot be officially closed without all MBEIWBE reports. EPA Form 5700-52A maybe obtained from the EPA Office of Small Business Program's Home Page on the Internet at www.eoa.aov/osbc. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 33.501(b) and (c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for 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 with specialized skills who are paid at a daily or hourly rate. As of January 1, 2010, 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 i accordance with their normal travel reimbursement practices}. Subagreements with firms for services which are awarded using the procurement requi ements in 40 CFR Parts 30 or 31, as applicable, are not affected by this limitation unless the terms of the ontract provide the recipient with responsibility for the selection, direction, and control of the individuals wh will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR .27(b) or 40 CFR 31.36(]}, as applicable, for additional information. NOTE: For future years' limits, the recipient may find the annual salary for Level IV of he Executive Schedule on the following Internet site: http://www.opm.gov/oca. Select "Salary and ages", and select "Executive Schedule'. The annual salary is divided by 2087 hours to determine them imum hourly rate, which is then multiplied by B 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-a proved 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 MB 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 propo ed subaward costs are necessary, reasonable, and allocable; (5) Ensure that any subawards to 501(c)(4) organizations do not involve lobbying ac ivities; (6) Monitor the performance of their recipients and ensure that they comply with all pplicable regulations, statutes, and terms and conditions which flow down in the subaward; (7) Obtain EPA's consent before making a subaward to a foreign or international or anization, 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 pproved 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 s ould be addressed to the recipient's EPA Project Officer. Additional information regarding suba ards may be found at htto~//www eoa gov/oad/ouide/subaward-oolicv-Dart-2 odf. Guidance for disting fishing between vendor and subrecipient relationships and ensuring compliance with Section 210(a)-(d) f OMB Circular A-133 can be found at http://www.eoa.gov/ocd/guide/subawards-appendix-b odf and http://www.whitehouse.aovlomb/circulars/a133/a133 html. c. The recipient is responsible for selecting its subrecipients and, if applicable, for cond cling subaward competitions. Programmatic Cond-tions 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 subm' ed to the EPA Project Officer and may be provided electronically. In accordance with 40 CFR Part 30.51 (d) and 40 CFR Part 31.40, as appropriate, the re ipient 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 ssistance agreement work plan for the period; (b) the reasons for slippages it established outputs outcomes were not met; (c) additional pertinent information, including when appropriate, analysis and information of cost overruns or high unit costs. In addition 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 31.40(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 notification 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 may be provided electronically. The report shall generally contain the same information as in the periodic reports, but should cover the entire project period. Alter 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. Program 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 constRute 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 Government purposes; (2) Use by Federal contractors performing specific tasks for the Government; (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 othervrise; (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 Agencyfunds provided under this grant fo perform another grant when such use prom tes 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 activitie : {1) W ithin the first nine months of the project, EPA reserves the right to negotiate work plan and bud et; (2) monitor the project management and execution throughout the assistance agreement's project an 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 such costs in their budgets. All environmental data will be required to be entered into t Storage and Retrieval data system (STOREY). STOREY is a repository for water qual other physical data used by state environmental agencies, EPA and other federal ager private citizens, and many other organizations. It is highty recommended that the gran EPA sponsored STOREY training as soon as practical and as training is available. Infi training sessions sponsored by EPA will be provided by the EPA Project Officer. More STOREY can be found at http://www.eoa.oov/STOREY. Region 10 STOREY Contact: John Liston, STOREY Coordinator, at (206) 553-2580 Liston.Joh n ~ eoa. cov. ins and include Agency's biological, and s, universities, ~cipient attend cation regarding ormation about END OF ASSISTANCE AGREEMENT PO-OOJ08601-0 PO - OOJ08607 -1 Page i GRANT NUMBER (FAIlq: OOJ08601 ~"° ~?e U.S. ENVIRONMENTAL NIODIFICATIONNUMBER: t DATE OF AWARD A , PROGRAM CODE: PO 01!302012 PROTECTION AGENCY TYPE OF ACTION MAILING DATE No CostAmendment 01/302012 Assistance Amendment PAYMENT METHOD: ACHY X0629 RECI%ENi TYPE: Sentl Payment Request to: County Las Vegas Finance Center FAX A 702-798-2423 RECI%ENT: PAYEE: Jefferson County JeRerson Courtly 621 Sherdan Street 621 Sheridan Street Port Townsend, WA 96368 Port Townsentl, WA 98368 EIN: 91$OD7322 PROJECT MANAGER EPA PROJECT OFFICE R EPA GRANT SPECIALIST Michelle McConnell Michelle Wilcox Torry Fournier 821 Sheridan SVeet 300 Desmond Drive S.E., WOD 1200 Shah Avenue, Suite 900, OMP-145 Port Townsend, WA 98368 Lacey, WA 985D3 Seattle, WA 961 D1 E-Mall: mmcconnell~.jetierson.wa.us E-Mail: Wilcox.Mid1e11e~eDa.gov E-Ipil: Foumier.TOny~epa.gov Phone: 380-3791484 Phone: 380-7539543 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 administrative cerMitions 1 and 4, and adds administrative condi8o 17. All other terms antl conditions, and the F3A funding amount, remain the same. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 06/012070 -06/302013 08/012010 - 08!302013 $800,848.00 $800,648.00 NOTICE OF AWARD Based on your application dated 012612010, inducting all motlificetions antl amentlmerds, the United States actrrg by and through the US Envkonmental Protection Agency (EPA), hereby awards $. EPA agrees to cost-share 67.00% of all approvetl budget period costs inwmed, up to antl not exceetling total federal funding of $533,761. Such awarA may be terminated by EPA without further cause if the retipient fails to provide timety affrmatlon of the award by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below wtthn 27 days after receipt, or arty extersion of trine, as may be granted by EPA. This agreement is subject to applicable F3A stahdory provisions. Tire applicable regulatory provisions are 40 CFR Chapter 1, Subchapter B, and all Perms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICFa AWARD APPROVAL OFFICE ORGANIZATION l ADDRESS ORGANIZATION /ADDRESS EPA Region 70 U.S. EPA, Region 10 Mall Code: OMP-145 Office of Ecosystems Tribal and Public Affairs 1200 Sixth Avenue, Suite 900 1200 Sixttr Avenue, Suge 900 Seattle, WA 98101 Seattle, WA 96701 THE LINKED STATES OF AMERICA BY THE LLS. ENNRONMENTAL PROTECTION AGENCY Digital signaW re app8ed by EPA Award Official DATE Tony R. Fournier - GIA Spedalist 01/302012 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE /J - TYPED NAME AND TRLE DATE 7 ~7jJj~ ~~~~~r, Chair, Jefferson County Board of Commissioners Z (p Z Approved as tr form only: -~3fJrZ leffemon Co. Prosecutor's ee EPA Funding Information PO - O~J08601 - 1 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ 533,761 $ $ 533,761 EPA In-Kind Amount $ 0 $ $ p Unexpended Prior Year Balance $ 0 $ $ p Other Federal Funds $ 0 $ $ p Recipient Contribution $ 266,885 $ $ 266,885 State Contribution $ 0 $ $ D Local Contribution $ 0 $ $ 0 Other Contribution $ 0 $ $ 0 Allowable Project Cost $ 800,646 $ 0 $ 800,646 Assistance Program (CFDA) Statutory Authority Regulatory A riry 66.120 -Puget Sound Watershed Management Assistance Clean Water Act: Sec. 320 FY 2009 Omnibus Appropriations Act (PL 111-8) 40 CFR PTS 31 & 35 SUBPT P Fiscal Site Name Req No FY Approp. Code Budget Organization PRC Object Class SitelProject Cost Organization Obligation / Deobligation Budget Summary Paoe PO - OOJ08601 - 1 Page 3 Table A -Object Class Category (Non-construction) Total Approved Allowable Budget Period Cost 1. Personnel $290,626 2. Fringe Benefits $90,707 3. Travel $1,350 4. Equipment $0 5. Supplies $4,708 6. Contractual $287,605 7. Construction $0 8. Other $23,041 9. Total Direct Charges $698,037 10. Indirect Costs: % Base $102,609 11. Total (Share: Recipient 33.00 % Federal 67.00 %.) $800,646 12. Total Approved Assistance Amount $533,761 13. Program Income $0 14. Total EPA Amount Awarded This Action $0 15. Total EPA Amount Awarded To Date $533,761 PO - 0 J08601 - 1 Page 4 Administrative Conditions Conditions 1 and 4 are revised: 1. Payment Information a. The Debt Collection Improvement Act of 1996 requires that Federal payments be m de by electronic funds transfer. In order to comply with the Act, a recipient must receive payments via ne of two electronic methods available to them: Automated Standard Aoolication for Payments (ASAP The ASAP system is the preferred method of payment for EPA grantees. ASAP enroll ent is highly encouraged for organizations that have multiple grants/cooperative agreements and fo those with a frequent need to request funds. If your organization uses multiple bank accounts for E A grants/cooperative agreements, you must enroll in ASAP. If you are interested in reque ling and receiving funds paperless and electronically via ASAP, please complete the ASAP Initi to Enrollment form located at htto:/lwww.epa.gov/ocfo/finservices/forms.htm and fax it to LVFC at 70 -798-2423. Under this payment mechanism, the Recipient initiates, via ASAP, an electronic payme t 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 insti ution identified on the recipient's ASAP enrollment application. Additional information concerning ASAP a d enrollment can be obtained by contacting the EPA Las Vegas Finance Center, at (702) 798-2485, orb visiting www. fms.treas. aovlasa o. Electronic Funds Transfer (EFT1 Under this payment mechanism, the EPA Las Vegas Finance Center will obtain your o ganization's banking information from your Central Contractor Registry (CCR) registration. Upon c mpletion of required Regional training and receipt of the award affirmation, a Las Vegas Finance C nter Representative will send you an email message with your EFT Control Number and pa ment information. Additional information concerning EFT can be obtained by contacting the EPA Las Veg s Finance Center at (702) 798-2485, or by visiting htto://www.epa.gov/ocfolfinservices/payinfo.htm NOTE: If your banking information is not correct or changes at any time prior to the en of your agreement, please update your CCR registration and notify the EPA Las Vegas Financ Center as soon as possible so the new banking information can be retrieved. This is vital to ensure pr per and timely deposit of funds. b. In accepting this assistance agreement, the recipient agrees to draw cash only as n~eded for its disbursement. Failure on the part of the recipient to comply with this condition may ca se the undisbursed portions of the assistance agreement to be revoked and financing method changed to a reimbursable basis. 4. Audit Requirements In accordance with OMB Circular A-133, which implements the Single Audit Act, the re agrees to obtain a single audit from an independent auditor, if it expends $500,000 or r Federal funds in any fiscal year. Within nine months after the end of a recipient's fiscal after receiving the report from the auditor, the recipient shall submit the SF-SAC and a Report Package. The recipient MUST submit the SF-SAC and a Single Audit Report Federal Audit Clearinghouse's Internet Data Entry System. Complete information on h the single audit submissions, you will need to visit the Federal Audit Clearinghouse We htto://ha rveste r. ce nsu s. oov/fac/. Condition 17 is added: pient hereby xe in total year or 30 days Ingle Audit ackage, using the N to accomplish site: 17. DUNS and CCR Requirements (Effective 10!01/2010) 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 Svstem (DUNS) numbers If you are authorized to make subawards under this award, you: 1. Must 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 (CCRI 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://www.ccr.gov}. 2. Data Universal Numbering Svstem (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 htta://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-profit 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. Subrecioient 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 [This page left blank intentionally -Insert extra pages here] JEFFERSON COUNTY/GEMINI ARCHITECTtiA91,UESIGN LI,C PAGE 13 March 11, 2013 EXHIBIT C -Contract Budget 10% WH ECOROOF ARBOR AND SHADE STRt COLLECTION Design and structural calculations ATER 133 $1000 $100 IEPRIiRSON COUNTS /GEM1A I dRCHITECl'U1L4I, DESIGN LLC March ll, ?013 Grand Subtotal 13.3 X1000 PAG] 14 ~_. ~~ ~ ~ ,~;: , ~,;~J .~ ~"~.. ~' j ,, __~ i °~ i. ~~ .. ' ~ , ~ ~ ; u u c t e ~ 7n` i~ . I u _: L .,„,,,,,,g g~. 4ar ,. \,w~? 3 ~ 1 ~ . ~` 1 ~~~~ ! T i ~':N Y ~t~ 1 a ~~ -i.f ~. 1 ~ a a ~ at;'~• 3 ~ ' v~.~. a _ s