HomeMy WebLinkAbout090313_ca03JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Carl Smith, Department of Community evelopment Director
Stacie Hoskins, Planning Manager
Michelle McConnell, Associate Planner /WSRC Project Manager
Shannon Glass, Assistant Planner
DATE: September 3, 2013
Consent Agenda
)3aa!70
SUBJECT: Award of Contract for the Low Impact Development (LID) Demonstration Garden
Watershed Stewardship Resource Center
EPA Assistance Agreement # PO- 00108601 -2
STATEMENT OF ISSUE:
Recommendation for Award of Contract for the LID Demonstration Garden at Castle Hill in Port
Townsend.
BACKGROUND /ANALYSIS /STRATEGIC GOALS /PROS and CONS:
Bids for this project were obtained using the Jefferson County Public Works Small Works Roster. Two
bids were opened at the Department of Community Development office on August 23, 2012. The
Department of Community Development has verified the bid amounts and the apparent low bidder's
qualifications. C&J Excavating, Inc. has been determined to be the lowest responsive bidder.
The purpose of this project is to provide for the construction of the Low Impact Development
Demonstration Garden on the west side of Sheridan Street between Sims Way and Seventh Street in
Port Townsend, WA. After installation, visitors will experience the appeal of rain gardens and other low
impact features. The rain gardens will infiltrate and treat polluted runoff from approximately 36,972
square feet of the existing parking lot. In addition, the site will showcase native and drought - tolerant
plants, walkways surfaced with porous woodchip mulch, and soils amended with compost.
Earlier plans for the project included a kiosk with a green roof, a metal- roofed structure with rain
barrels, pervious concrete, and porous pavers. The project scope was modified after two bid attempts in
accordance with the Small Works Roster procedure in April and July. A contract was not awarded at
those times since received bids exceeded available funding.
Consent Agenda
a.
FISCAL IMPACT /COST - BENEFIT ANALYSIS:
The bid amount is $27,317.26 and the Environmental Protection Agency (EPA) grant # PO- OOJ08601 -2
will fund 100% of project costs.
RECOMMENDATION:
The Department of Community Development recommends the Board execute the contract with C &J
Excavating, Inc. and requests the Board Chair sign the attached "Recommendation of Award of
Contract' where indicated, and return one copy to the Department of Community Development (attn
Shannon Glass).
REVIEWER BY:
7
Philip Morl , unty mimstrator
Date
JEFFERSON COUNTY
{ DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street I Port Townsend, WA 98368 1 Web: www. co.i efferson .wa.uslcommunitydevelooment
�9sHo Tel: 360.379.4450 1 Fax: 360.379.4451 1 Email: dcdldtco.iefferson.wa.us
Building Permits & Inspections I Development Consistency Review I Long Range Planning I Watershed Stewardship
DATE: September 3, 2013
TO: Board of County Commissioners
FROM: Carl Smith, Department of Community Development Director
SUBJECT: Award of Contract for:
Low Impact Development Demonstration Garden
Watershed Stewardship Resource Center
EPA Grant Agreement # PO- 00108601 -2
Center
• The Request for Quotation was issued by the Department of Community Development for the project
referenced above on August 13, 2013.
• Due notice of the Request for Quote was given as required by law per the Small Works Roster process.
• Two (2) bids were received and opened at the Department of Community Development August 23,2013.
• It is in the best interest of the citizens of Jefferson County to select the lowest responsive bid.
• Department of Community Development (DCD) staff has completed checking the bids and investigating
the qualifications of the lowest responsive bidder.
• Bid tabs are attached for reference.
DCD recommends that the construction contract for the Low Impact Development Demonstration Garden be
awarded to the lowest responsive bidder:
C &J Excavating Inc. of Carlsborg, Washington for their bid amount of $27,317.26.
Approved by:
John Austin
Chairman, Board of County Commissioners
Date
a8 firm Oa
r �� � 2 g123
David Alvarez, Chief Vvil DPA
ri
m
00 C
.-1
0
m
m
E
O1
V1
O
N
°
m
U
Vf
lam,
00
O
W
N D: w
cr w
d'
O C9
m
rn
Oa V
d
Z Q
� m
O cc p
N
b0 U C
0N
W
N
1
N
lD
O
LO
00
O
'
m
t0
00
LD
f\
o
E T
m
O
O
m
T
n
M
U
g
ni
Lo
Ni
c
m
^
n
Z
�
O
V}
N N N
Li;
Z
~
00
O
00
O
Q
w
r
r
M
m
lD
O
K
°
—
a
M
G
a u
Z
00 U N
u L)
A J
O
O
O
O
O
O
O
O
O
Wc
O
O
O
00
to
O
O
O
a
00
lD
w
lO
m
00
O
O
00
Q
'o '^
0)
M
m
N
V
c-I
V1
lO
N
N
1/}
t/?
Vf
lh
N
y�j}
Z
0
O
O
u
°
0
0
co
O
O
O
O
O
O
O
ZG
N
N
O
00
N
r-I
O
O
L
°
V}
N
M
m
in
t/}
O
ul
E
O
r
c
vi
/f
N
fl
W
0
W W
W 0
>
= F
°
Y
W
Z
W
0
a
0¢
E
q
j
¢
m
u
°
c7
J
E
>
u
Z
W
W
W
W
a
~
0
_O
W
w
FF
P
E
0
j
Z
Z
O
m u
N
v
U
Oc
m
Z
m
m
m
p
'N
C
yG
c
°
0c
Z°
W
cc
W
W
W
W
H
N
Q
V1 O
O
w
Q
Q
>_
>_
>_
>
J
O
E
F"
0
m
z
l7
Q
(7
H
H
_
f=
H
w
w
0
00
O
W
LL
Z
J
Z
°
J
W
Q
u
J
o
u
3
Do
°
°
o
141col
w
o=
o
w
m
o
m
W°
cc
a
a
0
Z o
W
W
CW
G z
VI
N
u
u
J
h
0. Z
O W
J
>
W
W
v
c
m
CD
00
N
W
DW
N
m
00
Qw
0
lfl
N
u
v Z
z
E
3 Q
E
v z
ti
ry
m
a
Q
m
u
°
O
U
W
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this
between the COUNTY OF JEFFERSON, acting
and the Director of the Department of Community
RCW, as amended and C &J Excavation Inc.
Contractor.
WITNESSETH:
day of , 2013,
through the Jefferson County Commissioners
Development under and by virtue of Title 36,
of Carlsborg, Wa. hereinafter called the
That in consideration of the terms and conditions contained herein and attached and made a part
of this agreement, the parties hereto covenant and agree as follows:
1. The Contractor agrees to furnish all labor and equipment and do certain work, to -wit:
That the Contractor herein will undertake and complete the following described work:
LOW IMPACT DEVELOPMENT DEMONSTRATION GARDEN
EPA Assistance # Agreement # PO- 00JO8601 -2
In conformity with attached grant Agreement, Attachment "A"
for the total sum of Twenty Seven Thousand Three Hundred Seventeen Dollars and 26
Cents ($27,317.26) consisting of the following:
BASE BID TOTAL $21,185.38
ADDITIVE BID TOTAL $ 6131.88
TOTAL CONTRACT AMOUNT $27,317.26
in accordance with and as described in the attached plans and made a part hereof. The
Contractor shall perform any alteration in or addition to the work provided in this contract and
every part thereof. The Contractor agrees to implement, install and construct the following
Additive Bids: Steel Edging, Mulch, Bench, and Wheel Stops.
The Contractor shall complete the described work as follows: NOT LATER THAN
SEPTEMBER 20, 2013.
The Contractor shall provided and bear the expense of all equipment, work, and labor of
any sort whatsoever that may be required for the transfer of materials and for constructing and
completing the work provided for in this contract and every part thereof.
2. The County of Jefferson hereby promises and agrees with the Contractor to employ, and
does employ the Contractor for furnish the goods and equipment described and to furnish the
same according to the attached specifications and the terms and conditions herein contained, and
hereby contracts to pay for the same according to the attached specifications and the schedule of
unit or itemized prices hereto attached, at the time and in the manner and upon the condition
provided for in this contract. The County further agrees to employ the Contractor to perform any
LOW IMPACT DEVELOPMENT DEMONSTRATION GARDEN
EPA Assistance Agreement 4PO- 00JOS601 -2
r-
alterations in or additions to the work provided for in this contract that may be ordered and to
pay for the same under the terms of this contract and the attached specifications at the time and
in the manner and upon the conditions provided for in this contract.
The County will provide to the Contractor at no per unit cost to the Contractor certain goods
essential to the completion of the project, specifically including, but not limited to, compost, rain
garden soil, mulch, edging, wheel stops, and benches. With the exception of benches, the
Contractor shall be responsible for retrieval of these goods and shall be responsible for getting
them to the site of the Low Impact Demonstration Garden.
3. The Contractor for himself, and for his heirs, executor, administrator, successors, and
assigns, does hereby agree to the full performance of all the covenants herein contained upon the
part of the Contractor.
4. Prior to commencing work, the Contractor shall obtain at its own cost and expense the
following insurance from companies licensed in the State with a Best's rating of no less than A:
VII. The Contractor shall provided to the County Risk Manager certificates of insurance with
original endorsements affecting insurance required by this clause prior to the commencement of
work to be performed.
The insurance policies required shall provide that thirty (30) days prior to cancellation,
suspension, reduction, or material change in the policy, notice of same shall be given to the
County Risk Manager by registered mail, return receipt requested, for all of the following stated
insurance policies.
If any of the insurance requirements are not complied with at the renewal date of the
insurance policy, payments to the Contractor shall be withheld until all such requirements have
been met, or at the option of the County, the County may pay the renewal premium and withhold
such payments from the moneys due The Contractor.
All notices shall name the Contractor and identify the agreement by contract number or
some other form of identification necessary to inform the County of the particular contract
affected.
A. Workers Compensation and Employers Liability Insurance. The Contractor shall
procure and maintain for the life of the contract, Workers Compensation Insurance,
including Employers Liability Coverage, in accordance with the laws of the State of
Washington.
B. General Liability (1) — with a minimum limit per occurrence of one million dollars
($1,000,000) and aggregate of not less than two million dollars ($2,000,000) for
bodily injury, death and property damage unless otherwise specified in the contract
specifications. This insurance coverage shall contain no limitations on the scope of
the protection provided and indicate on the certificate of insurance the following
coverage:
LOW IMPACT DEVELOPMENT DEMONSTRATION GARDEN
EPA Assistance Agreement #PO- OOJ08601 -2
J
1. Broad Form Property Damage with no employee exclusion;
2. Personal Injury Liability, including extended bodily injury;
3. Broad Form Contractual /Commercial Liability including completed
operations (contractors only);
4. Premises — Operations Liability (M &C);
5. Independent Contractors and Subcontractors; and
6. Blanket Contractual Liability
(1)Note: The County shall be named as an additional insured party under
this policy.
C. Automobile (2) — with a minimum limit per
injury, death, and property damage unless
specifications. This insurance shall indicate
following coverage:
1. Owned automobiles;
2. Hired automobiles; and
3. Non -owned automobiles.
occurrence of $1,000,000 for bodily
otherwise specified in the contract
on the certificate of insurance the
(2) Note: The County shall be named as an additional insured party under
this policy.
Any deductibles or self - insured retention shall be declared to and approved by the County
prior to the approval of the contract by the County. At the option of the County, the insurer shall
reduce or eliminate deductibles or self- insured retention or The Contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
The Contractor shall include all subcontractors as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all of the requirements state herein.
Failure of The Contractor to take out and /or maintain any required insurance shall not
relieve The Contractor from any liability under the Agreement, nor shall the insurance
requirements be construed to conflict with or otherwise limit the obligations concerning
indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation
against the County (including its employees and other agents and agencies), it being the intention
of the parties that the insurance policies so affected shall protect both parties and be primary
coverage for any and all losses covered by the above described insurance. It is further agreed by
the parties that insurance companies issuing the policy or policies shall have no recourse against
the County (including its employees and other agents and agencies) for payment of any
premiums or for assessments under any form of policy It is further agreed by the parties that any
and all deductibles in the above described insurance policies shall be assumed by and be at the
LOW IMPACT DEVELOPMENT DEMONSTRATION GARDEN
EPA Assistance Agreement #PO- 00J08601 -2
I _ ,
sole risk of The Contractor. Any insurance or joint self insurance liability policy of which the
County is a named insured shall be non - contributory to insurance purchased and maintained by
the Contractor and required of the Contractor pursuant to this Section.
It is agreed by the parties that judgments for which the County may be liable, in excess of
insured amounts provided herein, or any portion thereof, may be withheld from payment due, or
to become due, to The Contractor until such time as The Contractor shall furnish additional
security covering such judgment as may be determined by the County.
The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
5. The Contractor shall comply with all Federal, State, and local laws and ordinances
applicable to the work to be done under this Agreement. This Agreement shall be interpreted
and construed in accord with the laws of the State of Washington and venue shall be in Jefferson
County, WA.
The Contractor shall indemnify and hold the County, and its officers, employees, and
agents harmless from and shall process and defend at its own expense, including all costs,
attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity arising
in whole or in part, directly or indirectly, from the Contractor's negligence or breach of any of its
obligations under this Agreement; provided that nothing herein shall require a Contractor to
indemnify the County against and hold harmless the County from claims, demands, or suits
based solely upon the conduct of the County, its officers, employees and agents, and; provided
further that if the claims or suits are caused by or result from the concurrent negligence of (a)
the Contractor's agents or employees; and, (b) the County, its officers, employees and agents,
this indemnity provision with respect to claims or suits based upon such negligence, and /or the
costs to the County of defending such claims and suits, etc., shall be valid and enforceable only
to the extent of the Contractor's negligence, or the negligence of the Contractor's agents or
employees.
Claims against the County shall include, but not be limited to assertions that the use and
transfer of any software, book, document, report, film, tape, or sound reproduction of material of
any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark,
trade name, or otherwise results in an unfair trade practice or an unlawful restraint of
competition.
The Contractor specifically assumes potential liability for actions brought against the
County by Contractor's employees, including all other persons engaged in the performance of
any work or service required of the Contractor under this Agreement and, solely for the purpose
of this indemnification and defense, the Contractor specifically waives any immunity under the
state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that this waiver was
specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject of mutual
negotiation.
LOW IMPACT DEVELOPMENT DEMONSTRATION GARDEN
EPA Assistance Agreement 4PO- OOJ08601 -2
I
6. The Contractor's relation to the County shall be at all times as an independent Contractor,
and nothing herein contained shall be construed to create a relationship of employer - employee or
master- servant, and any and all employees of the Contractor or other persons engaged in the
performance of any work or service required of the Contractor under this Agreement shall be
considered employees of the Contractor only and any claims that may arise on behalf of or
against said employees shall be the sole obligation and responsibility of the Contractor.
7. The Contractor shall not sublet or assign any of the services covered by this contract
without express written consent of the County or its authorized representative. Assignment does
not include printing or other customary reimbursable expenses that may be provided in an
agreement.
8. Nothing in the foregoing clause shall prevent the County, at its option, from additionally
requesting that the Contractor deliver to the County an executed bond as security for the faithful
performance of this contract and for payment of all obligations of the Contractor.
For contracts of $35,000 or less, the County and the Contractor may agree that in -lieu of
the Bond; the County will withhold 50% of the Contract amount in accordance with RCW
39.08.010. The Contractor will indicate this option on Exhibit A.
9. The Contractor will declare management option of the statutory retained percentage on
Exhibit B.
LOW IMPACT DEVELOPMENT DEMONSTRATION GARDEN
EPA .Assistance Agreement 4PO- 00108601 -2
IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first
below written and the Board of County Commissioners has caused this instrument to be executed
by and in the name of said County of Jefferson the day and year first above written.
Executed by the Contractor '9 a , 2013
Contractor:
C'k'S E xca- vcc+k" Zr•.c- .
(Please print)
By: GQ (,H
(Please pr nt)
(Signature
C'-s tex cT:-y'099 PC
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
John Austin, Chair
Phil Johnson, Member
David W. Sullivan, Member
Approved as to form only this 2�
1�
da of U r; V' , 2013
David Alvarez
Deputy Prosecuting Attorney
Carl Smith Date
Director
LOW IMPACT DEVELOPMENT DEMONSTRATION GARDEN
EPA Assistance Agreement 4PO- OOJO8601 -2
Department of Community Development
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELEIGIBILTY, AND VOLUNTARY EXCLUSION
The Contractor certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(2)Have not within a 3 -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph
(2) of this certification; and
(4) Have not within a 3 -year period preceding this contract had one or more public transactions
(Federal, State, or local) terminated for cause or default.
Where the Contractor is unable to certify to any of the statements in this certification, such Contractor
shall attach an explanation.
Xco va-+ mr,
Name of Contractor (Please print)
G0.ry Prey -tAeAt
Name and Title of Authorized Representative (Please print)
I am unable to certify to the above statement. An explanation is attached.
LOW IMPACT DEVELOPMENT DEMONSTRATION GARDEN
EPA Assistance Agreement #1?0- 00J08601 -2
CONTRACT BOND
JEFFERSON COUNTY, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That C &J Excavating Inc, of Carlsborg, Wa., as Principal, and
. as Surety, are jointly and severally held and bound unto
the COUNTY OF JEFFERSON, the penal sum of Twenty Seven Thousand Three Hundred
Seventeen Dollars and 26 Cents ($27,317.26), for the payment of which we jointly and severally bind
ourselves, or heirs, executors, administrators, and assigns, and successors and assigns, firmly by these
presents.
The condition of this bond is such that WHEREAS, on the day of , A.D., 2013,
the said C &J Excavating Inc, Principal herein, executed a certain contract with the County of Jefferson,
by the terms, conditions and provisions of which contract the said C &J Excavating Inc, Principal
herewith, agrees to furnish equipment and labor and do certain work, to wit: That the said Principal herein
will undertake and complete the following described work:
Low Impact Development Demonstration Garden, Port Townsend, Washington in Jefferson County,
Washington, as per maps and plans made a part of said contract, which contract as so executed, is
hereunto attached, and is now referred to and by this reference is incorporated herein and made a part
hereof as full for all purposes as if here set forth at length.
NOW THEREFORE, if the Principal herein shall faithfully and truly observe and comply with
the terms, conditions and provisions of said contract, in all respects and shall well and truly and fully do
and perform all matters and things by the said Principal undertaken to be performed under said contract,
upon the terms proposed therein, and within the time prescribed therein, and until the same is accepted,
and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply
such contractor or subcontractor with provisions and supplies for the carrying on of such work, and shall
in all respects faithfully perform said contract according to law, then this obligation will be void,
otherwise to remain in full force and effect.
WITNESS our hands this day of , 2013.
C &J Excavating Inc
PRINCIPAL SURETY COMPANY
0
LOW IMPACT DEVELOPMENT DEMONSTRATION GARDEN
EPA Assistance Agreement #PO- OOJ08601 -2
C
Attorney -in -fact
Address of local office and agent of
surety company:
CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS THAN
$35,000
A. A Contract Bond will be provided as required.
Date Signed
B. In lieu of providing a Contract Bond, the County will withhold 50% of the Contract
amount.
Date g oZD Signed ��'2,�
LOW IMPACT DEVELOPMENT DEMONSTRATION GARDEN
EPA Assistance Agreement 4PO- 0010 8 60 1 -2
EXHIBIT B
CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF
STATUTORY RETAINED PERCENTAGE
A. I hereby elect to have the retained percentage of this contract held in a fund by the Owner until
(30) days following final acceptance of the work.
Date a$ 20 L3 Signed �� /' %i ��� ✓ / >�
B. I hereby elect to have the Owner deposit the retained percentage of this contract in an interest
bearing account, not subject to withdrawal until after final acceptance of the work.
Date
Signed
C. I hereby elect to have the Owner invest the retained percentage of this contract from time to time
as such retained percentage accrues.
I hereby designate
of said funds.
the repository for the escrow
I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of
placing said retained percentage in escrow and investing it as authorized by statute. The Owner shall not
be liable in any way for any costs or fees in connection therewith.
Signed
LOW IMPACT DEVELOPMENT DEMONSTRATION GARDEN
EPA Assistance Agreement #PO- OOJ08601 -2
se
PO - 000JO860I - 0 Page 1
F_ppro , °d as to form ors-:
wa
ttiw..
ASSISTANCE ID NO.
U.S. ENVIRONMENTAL
PROTECTION AGENCY
DATE
1=10 RD
° 0t0
PRG Doc ID AMENDS
PO - 00JO8601 - 0
TYPEOF.
MAILING DATE
S77g/
New
07/05/2010
Cooperative Agreement
PAYMENTMETHOD:
ACH#
PEND
RECIPIENTTYPE
Send Payment Request to:
County
Las Vegas Finance Center
FAX 0 702 - 798.2423
RECIPIENT:
PAYEE:
Jefferen County
Jefferson County
621 Sheridan Street
621 Sheridan .Street
Port Townsend, WA 98366
Port Townsend, WA 98368
EIN: 91. 6001322
PROJECT MANAGER
EPA PROJECT OFFICER
EPA GRANT SPECIALIST
Michele McConnell
Michelle Wilcox
Tony Fournier
621 Sheridan Street
30o Desmond Drive S.E., WOO
1200 Sixth Avenue, Suite 900, OMP -145
Port Townsend, WA 98368
Lacey, WA 98503
Seattle, WA 98101
E-Mail: mmcconnell®oo.jefferson.waus
E-Malf: WilcoxMlohelle@epagov
E -Mail: Foumler.Tony*epa.gov
Phone: 360.3794484
Phone: 360. 7539543
Phone: 206-653 -1838
PROJECT TITLE AND DESCRIPTION -
Watershed Stewardship Resource Center
Jefferson County wig create a Watershed Stewardship Resource Center to guide property owners and developers to a" sustainable development practices.
Designed as an optional'one stop shop', the Center will promote low Impact development to stormwater management shoreline• critical area, and other
environmental protection requirements. The Center will use an Innovative 'coaching model' to assist applicants with site design and will feature a low Impact
development demonstration garden and extensive leaning resources. The model and curriculum may be applied to other regions.
BUDGET PERIOD
PROJECT PERIOD -
TOTAL BUDGET PERIOD COST
TOTAL PROJECT PERIOD COST
06/01/2010 - 06/3012013
06/01/2010 - 06!30/2013
$800,646.00
$800,646.00
NOTICE OF AWARD
Based on your application dated 01126/2010, Including all modifications and amendments, the United States acting by and through the US Environments!
Protection Agency (EPA), hereby awards $533,761. EPA agrees to cost -share U QQ% of all approved budget period costs incurred, up to and not exceeding
total federal funding of $633,761. Such award maybe terminated by EPA without further cause It the recipl ant fails to provide timely affirmation of the award
by signing under the Affinnalon of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after
receipt, or any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory
provisions are 40 CFA 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 Regan 10
U.S. EPA, Region 10
Mail Code: OMP -145
Office of Ecosystems Tribal and Public Affairs
1200 Sixth Avenue, Suite 900
1200 Sixth Avenue, Suite 900
Seattle, WA 98101
SeatBa, WA 98101
THE UNITED STATES OF AMERICA BY THE U.S.
ENVIRONMENTAL PROTECTION AGENCY
SIGNATURE OF AWARD OFFICIAL
TYPED NAME AND TITLE
DATE
Digital signature applied by EPA Award Official
06128P2010
Armina K. Nolan, Manager - Grants and Interagency Agreements Unit
AFFIRMATION OF AWARD
8Y ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE
TYPED NAME AND TRLE
DRUID 5(<,e.L1V CNN 112-
:;reA PrSrn. C'eay* ,(30" W L`Op�6 /SS�drtiFy3
DATE
F_ppro , °d as to form ors-:
wa
ttiw..
EPA Funding Information PO- 00JO8601 -0 Paget
FUNDS
FORMER AWARD
THIS ACTION
AMENDED TOTAL
EPA Amount This Action
$
$ 533,761
$ 533,761
EPA In -Kind Amount
$
$
$ 0
Unexpended Prior Year Balance
$
$
$ 0
Other Federal Funds
$
$
$ 0
Recipient Contribution
$
$ 266,885
$ 266,885
State Contribution
$
$
$ 0
Local Contribution
$
$
$ 0
Other Contribution -
$
$
$ 0
Allowable Project Cost
$01
$ 800,646
$ 800,646
Assistance Program(CFDA)
Statutory Authority
Regulatory Authority
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
Site/Project
Cost
Organization
Obligation!
Deobligation
-
101000G02
5
091C
13
10UOCKH
403B68EP7
4183
533,761
533,761
PO - OOJOB601 - 0 Page 3
Surimt Summary Pane
Table A - Object Class Category
(Non-construction)
Total Approved Allowable
Budget Period Cost
1. Personnel
$349,669
2. Fringe Benefits
$113,643
3. Travel
$2,996
4. Equipment
. $0
5. Supplies.
$7,263
6. Contractual
$253,846
7. Construction
- $0
6.Other -
$2,000
9. Total Direct Charges
$729,419
TO. Indirect Costs: % Base
$71,227
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
$533,761
15. Total EPA Amount Awarded To Date
$533,761
Administrative Conditions
1. Payment Information
PO - 00J08601 - 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 Deposit/Electronic 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.
After 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) 796 -2492 or
by e-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 or e-mail to:
pumphrey.margaret@epa.gov.
Under any of the above payment mechanisms, recipients may request/draw 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 Principles/Indirect Costs for Local Governments & Interstate Agencies
The cost principles of OMB Circular A -87, "Cost Principles for State, Local, and Indian Tribal
Governments," 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 it 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: ht to:// www. aad .nbc.ciovfindireeVindirect.asi).
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 cost rate proposal within six (6)
months after the end of its fiscal year to:
Reaular 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 may be mailed to OGD IndlrectCost @epa.ci
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 life 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 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 Governments, 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 /ocfo/finservicestforms.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 tern 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 search the Hotel -Motel National Master List at
hfto://www.usta.dhs.gov/applications/hotel to see it 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 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 Forms, which are 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 (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 INSTITUTIONS OF HIGHER EDUCATION AND NON - PROFIT
ORGANIZATIONS:
In accordance with 40 CFA 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 to EPA's guidelines.
STATE TRIBAL AND LOCAL GOVERNMENT RECIPIENTS:
In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening
Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees
to use recycled paper and double sided 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 comply 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 Part 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 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 awarded under this
assistance agreement are used to engage in lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law. The recipient shall abide by its respective OMB
Circular (A -21, A -87, or A -122), which prohibits the use of Federal grant funds for litigation against the
United States or for lobbying or other political activities.
9. Suspension and Debarment
Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled
"Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Recipient
is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 CFR Part
180 and 2 CFR Part 1532, entitled "Covered Transactions,' includes a term or condition requiring
compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or
condition in any subsequent lower tier covered transactions. Recipient acknowledges that 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 a drug -free workplace pursuant to the specific 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 performance 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 Title 40 CFR 36.510. Recipients can
access the Code of Federal Regulations (CFR) Title 40 Part 36 at .
httD: //www.access.coo.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.
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, 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 Governmentwide
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: (1) implements
section 106(8) 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 (MBE/WBE) participation in procurement under the financial assistance
agreements.
Accepting the Fair Share Objectives/Goals of Another Recipient
The dollar amount of this assistance agreement is over $250,000; or the total dollar amount of all of the
recipient's non -TAG assistance agreements from EPA in the current fiscal year is over $250,000. The
recipient accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the
Washington Office of Minority and Women's Business Enterprises as follows:
MBE: PURCHASED GOODS 8 %; PURCHASED SERVICES 10 %; PROFESSIONAL SERVICES 10%
WBE: PURCHASED GOODS 4 %; PURCHASED SERVICES 4 %; PROFESSIONAL SERVICES 4%
By signing this financial assistance agreement, the recipient is accepting the fair share objectives /goals
stated above and attests to the fact that it is purchasing the same or similar construction, supplies,
services and equipment, in the same or similar relevant geographic buying market as Washington Office
of Minority and Women's Business Enterprises.
Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404
The recipient has the option to negotiate its own MBE/WBE fair share objectives /goals. If the recipient
wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed
MBEJWBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and
WBEs in their relevant geographic buying market for construction, services, supplies and equipment.
The submission of proposed fair share goals with the supporting analysis or disparity study means that the
recipient is not accepting the fair share objectives /goals of another recipient. The recipient agrees to
submit proposed fair share objectives /goals, together with the supporting availability analysis or disparity
study, to the Regional MBE/WBE Coordinator within 120 days of its acceptance of the financial assistance
award. EPA will respond to the proposed fair share objective /goals within 30 days of receiving the
submission. If proposed fair share objective /goals are not received within the 120 daytime frame, the
recipient may not expend its EPA funds for procurements until the proposed fair share objective /goals are
submitted.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under an EPA financial assistance
agreement, and to ensure that sub - recipients, loan recipients, and prime contractors also comply. Records
documenting compliance with the six good faith efforts shall be retained:
(a) Ensure DBEs are made aware of contracting opportunities to the fullest extent 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 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.
MBEIWBE 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 certified MBEIWBEs are counted toward a recipient's MBEIWBE
accomplishments. The reports must be submitted semiannually for the periods ending March 31" and
September 301h 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 3e). Reports should be sent to the EPA Region 10, Grants Administration Unit, 1200
Sixth Avenue, Suite 900, Mailcods: OMP -145, Seattle, WA 98101. For further information, please
contact Greg Luchey at (206) 553 -2967, email: Luchev.Grea @eDa.gov. Final MBEIWBE reports must
be submitted within 90 days after the project period of the grant ends. Your grant cannot be
officially closed without all MBE/WBE reports.
EPA Form 5700 -52A may be obtained from the EPA Office of Small Business Program's Home Page on
the Internet at www.eDa.aov /osbD.
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302.
BIDDERS LIST, 40 CFR, Section 33.501(b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create
and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving
loan fund also agree to require 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 specific 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 in accordance with
their normal travel reimbursement practices).
Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR
Parts 30 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
31.360), 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: http: / /www.opm.gov /oca. Select "Salary and Wages ", and select
"Executive Schedule ". The annual salary is divided by 2087 hours to determine 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 flow 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 information regarding subawards may be
found at http: / /www.epa.gov /ood /guide /subaward- I)olicy- part- 2.odf. 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 http: / /www.eya.aov /oad /guide /Subawards- appendix -b.pdf and
httip://www.whftehouse.aovlomb/circulars/al 33/al 33.html.
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 may be provided electronically.
In accordance with 40 CFR Part 30.51(d) and 40 CFR Part 31.40, as appropriate, the recipient agrees to
submit performance reports that include brief information on each of the 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 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. 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. 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 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 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
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 agreement's 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 ( STORET). STORET 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 STORET training as soon as practical and as training is available. Information regarding
training sessions sponsored by EPA will be provided by the EPA Project Officer. More information about
STORET can be found at http: / /www.epa.gov /STORET.
Region 10 STORET Contact: John Liston, STORET Coordinator, at (206) 553 -2580 or email:
Liston.John @ eoa.gov.
END OF ASSISTANCE AGREEMENT PO- 00JO8601-0
! 1
PO - 00,108601 -1 Pane 1
Approved as to form only:
1
1.311/1 z_
Jefferson Co. Prosecutor's ae
GRANT NUMBER (FAIN): 00J08601
sf"DAa1°"�.
U.S. ENVIRONMENTAL
PROTECTION AGENCY
MODIFICATION UMBER
MCODE PO
UA10AWARO
/30212
TYPE OF ACTION
MAILING DATE
No Cost Amendment
0113012012
Assistance Amendment
PAYMENT METHOD:
ACHR
X0629
RECIPIENT TYPE:
Send Payment Request to:
County
Las Vegas Finance Center
FAX * 702 - 798 -2423
RECIPIENT:
PAYEE:
Jefferson County
Jefferson County
621 Sheridan Street
621 Sheridan Street
Port Townsend, WA 98368
Pon Townsend, WA 98368
EIN: 91- 6001322
PROJECT MANAGER
EPA PROJECT OFFICER
EPA GRANT SPECIALIST
Michelle McConnell
Michelle Wilcox
Tony Fournier
621 Sheridan Street
300 Desmond Drive S.E., WOO
1200 Sixth Avenue, Suite 900, OMP -145
Port Townsend, WA 98368
Lacey, WA 98503
Seatte, WA 98101
E -Mail: mmoeonnelQw.jefferson.wa.us
E -Mail: WAIcex.Michelle@epa.gov
E -Mail: Foumier.Tony@epa.gov
Phone: 360- 379-4484
Phone: 360- 753 -9543
Phone: 206-553 -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 conditions i and 4, and adds administrative condition
17. All other terms and conditions, and the EPA funding amount, remain the same.
BUDGET PERIOD
PROJECT PERIOD
TOTAL BUDGET PERIOD COST
TOTAL PROJECT PERIOD COST
06/0112010 - 06/3012013
06/01/2010 - 06/30/2013
$800,646.00
$800,646.00
NOTICE OF AWARD
Based on your application dated 01/2&2010, including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA), hereby awards $. EPA agrees to cost -share 67. W% of all approved budget period costs Incurred, up to and not exceeding total
federal funding of $533,761. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation 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 within 21 days after
receipt, or any extension 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 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
Mail Code: OMP -145
Office of Ecosystems Tribal and Public Affairs
1200 Sixth Avenue, Suite 900
1200 Sixth Avenue, Suite 900
Seattle, WA 98101
Seattle, WA 98101
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
Digital signature applied by EPA Award Official
DATE
Tony R. Fournier - GIA Specialist
I 01/3012012
AFFIRMATION OF AWARD
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE
TYPED ME AND TITLE
DATE
ldthAL15hylh, Chair, Jefferson County Board of Commissioners
Z (p )Z
Approved as to form only:
1
1.311/1 z_
Jefferson Co. Prosecutor's ae
I A S
EPA Funding Information PO - 00JO8601 - 1 Page
FUNDS
FORMERAWARD
THIS ACTION
AMENDED TOTAL
EPA Amount This Action
$ 533,761
$
$ 533,761
EPA In -Kind Amount
$ 0
$
$ 0
Unexpended Prior Year Balance
$ 0
$
$ 0
Other Federal Funds
$ 0
$
$ 0
Recipient Contribution
$ 266,885
$
$ 266,885
State Contribution
$ 0
$
$ 0
Local Contribution
$ 0
$
$ 0
Other Contribution
$ 0
$
$ 0
Allowable Project Cost
$ 800,646
$ 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 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 I
Deobligation
T L f
PO - OOJ08601 - 1 Page 3
Rurinet ..g1IMMAN P9n6
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
6. Supplies
$4,708
6. Contractual
$287,605
7. Construction
$0
S. 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
I J i
PO - 00JO8601 -I 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 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 ADDllcation for Pavments (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 httr): / /www.epa.gov /ocfo /finservices /forms.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 identified 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.fms.treas,qov/asar).
Electronic Funds Transfer (EFT
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: //www.epa. qov /ocfo /fiinservices /payinfo.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 financing method changed to a
reimbursable basis.
4. Audit Requirements
In accordance with OMB CircularA -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:
h ttD: //h arvester. ce nsu s. qov /fact.
Condition 17 is added:
17. DUNS and CCR Requirements (Effective 10/01/2010)
Central Contractor Registration and Universal Identifier Requirements
A. Reauirement 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. 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 (CCR) 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 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 htto: / /fedgov.dnb.com /webform).
3. En!Lty, 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
A
Programmatic Conditions
All Programmatic Conditions Remain the Same
END OF ASSISTANCE AMENDMENT PO- OOJ08601 -1
V. a 0
PO - 00J08601 - 2 Paqe 1
GRANT NUMBER (FAIN): 00JO8601
so or
54 4%
U.S. ENVIRONMENTAL
MODIFICAON
PO
DATE OF
PROGRAMnCODEUMBER:
6//1120 3AWARD
PROTECTION AGENCY
TYPE OF ACTION
MAILING DATE
No Cost Amendment
06/1 112 01 3
Assistance Amendment
PAYMENTMETHOD:
ACH#
X0629
RECIPIENT TYPE:
Send Payment Request to:
County
Las Vegas Finance Center
FAX # 702- 798 -2423
RECIPIENT:
PAYEE:
Jefferson County
Jefferson County
621 Sheridan Street
621 Sheridan Street
Port Townsend, WA 98368
Port Townsend, WA 98368
EIN: 91 -6001322
PROJECT MANAGER
EPA PROJECT OFFICER
EPA GRANT SPECIALIST
Michelle McConnell
Michelle Wilcox
Tony Fournier
621 Sheridan Street
300 Desmond Drive S.E., WOO
1200 Sixth Avenue, Suite 900, OMP -145
Port Townsend, WA 98368
Lacey, WA 98503
Seattle, WA 98101
E -Mail: mmcconnell @co.jefferson.wa.us
E-Mail: Wilcox.Michelle @epa.gov
E -Mail: Fournier.Tony @epa.gov
Phone: 360- 379 -4484
Phone: 360- 753 -9543
Phone: 206- 553 -1838
PROJECT TITLE AND EXPLANATION OF CHANGES
Watershed Stewardship Resource Center
This amendment extends the project/budget period to September 30, 2013; revises and/or updates administrative conditions 3 and 10; and adds administrative
conditions 17 and 18. The EPA funding amount remains the same.
BUDGET PERIOD
PROJECT PERIOD
TOTAL BUDGET PERIOD COST
TOTAL PROJECT PERIOD COST
06101/2010 - 09/30/2013
6/0112010 - 09130/2013
$800,646.00
$800,646.00
NOTICE OF AWARD
Based on your Application dated 01/26/2010 including all modifications and amendments, the United Stales acting by and through the US Environmental
Protection Agency (EPA) hereby awards $. EPA agrees to cost -share 67.00% of all approved budget period costs incurred, up to and not exceeding total federal
funding of $533,761. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1)
drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not fling a notice of disagreement with the award terms and
conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the
authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment
mailing date. In rase of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this
award /amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA statutory provisions. The applicable
regulatory provisions are 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 I ADDRESS
ORGANIZATION/ ADDRESS
EPA Region 10
U.S. EPA, Region 10
Mail Code: OMP -145
Office of Ecosystems Tribal and Public Affairs
1200 Sixth Avenue, Suite 900
1200 Sixth Avenue, Suite 900
Seattle, WA 98101
Seattle, WA 98101
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
Digital signature applied by EPA Award Official
DATE
Tony R. Fournier - GIA Specialist
1 0611112013
I A
EPA Funding Information PO- 00J08601 -2 Page
FUNDS
FORMERAWARD
THIS ACTION
AMENDED TOTAL
EPA Amount This Action
$ 533,761
$
$ 533,761
EPA In -Kind Amount
$ 0
$
$ 0
Unexpended Prior Year Balance
$ 0
$
so
Other Federal Funds
$ 0
$
$0
Recipient Contribution
$ 266,885
$
$ 266,885
State Contribution
$ 0
$
so
Local Contribution
$ 0
$
so
Other Contribution
$ 0
$
so
Allowable Project Cost
$ 800,646
$ 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 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
Site /Project
Cost
Organization
Obligation I
Deobligation
Y I_
PO - OOJ08601 - 2 Page 3
Bud el Summaiv Pa e
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
S. Contractual
$287,605
7. Construction
$0
S. 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
q .. i
PO - 00J08601 - 2 Page 4
Administrative Conditions
Conditions 3 and 10 are revised and /or updated:
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
htti):// www. epa.gov /ocfo /finservices /forms.htm. All FFRs must be submitted to the Las Vegas Finance
Center: US EPA, LVFC, 4220 S. Maryland Pkwy Bldg C, Rm 503, Las Vegas, NV 89119, or by FAX
to: 702 - 798 -2423.
The LVFC will make adjustments, as necessary, to obligated funds after 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.
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 a drug -free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536
Subpart B. Additionally, in accordance with these regulations, the recipient organization must identify all
known workplaces under its federal awards, and keep this information on file during the performance of
the award.
Those recipients who are individuals must comply with the drug -free provisions set forth in Title 2 CFR
Part 1536 Subpart C.
The consequences for violating this condition are detailed under Title 2 CFR Part 1536 Subpart E.
Recipients can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at
http: / /ecfr. g poaccess. qov.
Conditions 17 and 18 are added:
17. DUNS and CCR Requirements (Updated 8/1/12)
A. Requirement for Central Contractor Registration (CCR) /System for Award Management (SAM).
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 SAM 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. 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 . r
C. Definitions. For purposes of this award term:
1. Central Contractor Registration (CCR) /System for Award Management (SAM) 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 System for
Award Management (SAM) Internet site http: //www.sam.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: / /fedgov.dnb.com /webform).
3. IRILbL 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. 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.
18. CIVIL RIGHTS OBLIGATIONS
_119x:71!
This term and condition incorporates by reference the signed assurance provided by the recipient's
authorized representative on: 1) EPA Form 4700 -4, "Preaward Compliance Review Report for All
Applicants and Recipients Requesting EPA Financial Assistance "; and 2) Standard Form 424B or
Standard Form 424D, as applicable. These assurances and this term and condition obligate the
recipient to comply fully with applicable civil rights statutes and implementing EPA regulations.
STATUTORY REQUIREMENTS
In carrying out this agreement, the recipient must comply with
Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and
national origin, including limited English proficiency (LEP), by entities receiving Federal financial
assistance.
Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with
I i
disabilities by entities receiving Federal financial assistance; and
The Age Discrimination Act of 1975, which prohibits age discrimination by entities receiving
Federal financial assistance.
If the recipient is conducting an education program under this agreement, it must also comply with:
Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex
in education programs and activities operated by entities receiving Federal financial assistance.
If this agreement is funded with financial assistance under the Clean Water Act (CWA), the recipient must
also comply with:
Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits
discrimination on the basis of sex in CWA- funded programs or activities.
REGULATORY REQUIREMENTS
The recipient agrees to comply with all applicable EPA civil rights regulations, including:
For Title IX obligations, 40 C.F.R. Part 5; and
For Title VI, Section 504, Age Discrimination Act, and Section 13 obligations, 40 C.F.R. Part 7.
As noted on the EPA Form 4700 -4 signed by the recipient's authorized representative, these
regulations establish specific requirements including maintaining compliance information,
establishing grievance procedures, designating a Civil Rights Coordinator, and providing notices
of non- discrimination.
TITLE VI — LEP, Public Participation and Affirmative Compliance Obligation
As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to
provide meaningful access to LEP individuals. In implementing that requirement, the recipient
agrees to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to
Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited English Proficient Persons." The
guidance can be found at
httD.Ifnaebgate. access. obo .govlcgi- binlgetdoc.cgi?dbname =2004 reoister &docid= fr25in04 -79.p
d_
If the recipient is administering permitting programs under this agreement, the recipient agrees to
use as a guide OCR's Title VI Public Involvement Guidance for EPA Assistance Recipients
Administering Environmental Permitting Programs. The Guidance can be found at
http7//edocket.access.qpo.gov/2006/pdf/06-2691.pdf
In accepting this assistance agreement, the recipient acknowledges it has an affirmative
obligation to implement effective Title VI compliance programs and ensure that its actions do not
involve discriminatory treatment and do not have discriminatory effects even when facially
neutral. The recipient must be prepared to demonstrate to EPA that such compliance programs
exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI
obligations.
All Other Administrative Conditions Remain the Same
Programmatic Conditions
All Programmatic Conditions Remain the Same