HomeMy WebLinkAbout090913_ca04Consent Agenda
JEFFERSON COUNTY PUBLIC HEALTH
615 Sheridan Street o Port Townsend o Washington o 98368
www.jeffersoncountypublichealth.org
August 21, 2013
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Jared Keefer, Environmental Health & Water Quality Director
DATE: Q I ;� D 13
SUBJECT: Agenda Item — Agency Agreement — Site Hazard Assessment
#G1400038 with Department of Ecology; July 1, 2013 —
June 30, 2015; $39,850
STATEMENT OF ISSUE:
Jefferson County Public Health, Environmental Health Department, is requesting Board approval of the
Agency Agreement — Site Hazard Assessment #G1400038 with Department of Ecology; July 1, 2013 —
June 30, 2015; $39,850
ANALYSIS /STRATEGIC GOALS /PRO'S and CON'S:
This is an on -going agreement with the Department of Ecology for Site Hazard Assessments. The purpose
of the work is to collect information about environmental conditions, waste types and waste quantities at a
site, which may adversely affect the environment through the release of contaminants. This is done with
field screening, sampling, and other data collection methods. The collected information is used to evaluate
environmental and human health risks and to rank a site according to the Washington State Ranking
Method using the Model Toxics Control Act.
Task 1: $15,500 — Initial Investigations - Respond to public complaints and perform initial
investigations to determine if a release of a hazardous substance has occurred at a site and if
further action is required.
Task 2: $16,550 — Site Hazard Assessments — Perform six site hazard assessments. Conduct
comprehensive reviews and interviews in order to gather relevant data pertaining to a spill or
release of hazardous materials to the environment. Prepare work plans, take samples, analyze
sites, and compile data to determine the hazard ranking, using the WA State Ranking Method.
COMMUNITY DEEVELOPM NTAL DISABILITIES PUBLIC HEALTH ENVIRONMENTAL HEALTH
MAIN: (360) 385 -9400 ALWAYS WORKING FOR A SAFER AND WATER QUALITY
MAIN: (360) 385 -9444
FAX: (360) 385 -9401 HEALTHIER COMMUNITY FAX: (360) 379 -4487
Consent Agenda
Task 3: $0 - Clandestine Drug Labs —Tasks to include initial site investigation activities, working
with law enforcement and Spill Team personnel, a plan review of the assessment and or
decontamination work plan. Funded as necessary.
Task 4: $7,800 — Grant and Project Administration - To include grant administration,
invoicing /reporting, attend trainings needed to perform this work, and purchasing supplies essential
to complete this work.
FISCAL IMPACT /COST BENEFIT ANALYSIS:
This contract is funded by the Department of Ecology and requires no match.
RECOMMENDATION:
JCPH management request approval of the Agency Agreement — Site Hazard Assessment #G1400038 with
Department of Ecology; July 1, 2013 — June 30, 2015; $39,850
(Routed to all Public Health Managers)
2k�5
Date
DEPARTMENT OF
ECOLOGY
State of Washington
SITE HAZARD ASSESSMENT GRANT
AGREEMENT Gj 140003 8
BET WEI]NTHE
STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY
AND
JEFFERSON COUNTY PUBLIC HEALTH
This is a binding agreement entered into by and between the state of Washington,
Department of Ecology, hereinafter referred to as "I"COLOGY," and Jefferson County
Public Health, hereinafter referred to as the "RECIPIENT," to carry out the activities
described herein,
RECIPIENT ADDRESS
RECIPIENTREPRESENTA'rivi,-�"
RECIPIENT PROJECT MANAGER
RECIPIENT FINANCIAL MANAGER
ECOLOGY FINANCIAL MANAGER
ECOLOGY PROJECT MANAGER
FUND SOURCE
MAXIMUM ELIGIBLE COST
STATE GRANT SHARE,
RECIPIENT GRANT SHARE
MAXIMUM STATE SHARE PERCENT
FI'1)ERALTAX IDENTIFICATION NUMBER
EFFECTIVE DATE OF THE AGREEMENT
EXPIRATION DATE OF THE AGREEMENT
615 Sheridan St.
Port Townsend WA 98368
John Austin, Chair
County Board of Commissioners
:bared Keefer, 360- 385 -941 l
Susan Parke, 360-385-9437
Lydia Lindwall, 360-407-6067
Cris Matthews, 360-407-6388
Local Toxics Control Account
$39,850
$39,850
-0-
100%
91-6001322
July 1, 2013
June 30, 2015
Grant No. G 140003 8
Site Hazard Assessment Agreement
With Jefferson County Public Health
PART 1: PROJECT DESCRIPTION
The goal of the Site Hazard Assessment (SHA) grant program is to provide funding to local
health districts/departments to investigate and evaluate sites that have been potentially
contaminated with hazardous substances in Washington State. There are three components to
this program: Initial Investigations, Site Hazard Assessments, and Clandestine Drug Lab
Assessment and Cleanup.
Purpose of the Project:
Initial Investigations (11s): Local health districts/departments respond to complaints from the
public, as reported through ECOLOGY'S Environmental Report Tracking System (ERTS).
"The purpose of this work is to determine if a release of a hazardous substance has occurred at
a site and if further action is required.
Site Hazard Assessments (SHAs): Local health districts/departments collect information
about environmental conditions, waste types, and waste quantities at sites. These conditions
may adversely affect the environment by a release of hazardous substances. The information
collected during an SHA is used to evaluate environmental and human health risks and to
assign a relative risk ranking under the Washington Ranking Method.
Clandestine Drug Labs: With ECOLOGY's prior written approval, local health
districts/departments conduct investigations and cleanup activities at sites where illegal drug
manufacturing activities have been performed. These activities have the potential of releasing
hazardous substances into the environment.
PART 2: SCOPE OF WORK
The tasks(s) set forth below summarize the RECIPIEN"I"S activities to be performed under
this agreement. Costs are limited to those approved by ECOLOGY in the current budget.
The RECIPIENT must complete all activities in the following tasks, including deliverables,
by the expiration date of this agreement unless otherwise stated in this agreement or approved
by ECOLOGY in writing.
The RECIPIENT shall maintain technical and safety training as appropriate. All participating
staff shall have received, and be current with, The I lazardous Waste Operations and
Emergency Response (I-IAZWOPER) certification. The RECIPIENT is responsible to ensure
that all employees entering potential and known hazardous waste sites act in accordance with
the RECIPIENT'S Health and Safety Plan for the site.
Grant No. G 1400038
Site Hazard Assessment Agreement
With Jefferson County Public Health
TASK 1: INITIAL INVESTIGATIONS
This task funds the RECIPIENT'S costs ECOLOGY determines reasonable and necessary to
perform approximately 24 initial investigations, The RECIPIENT shall investigate newly
discovered sites that have been identified within the RECIPIENT'S county as being a
potential health or environmental risk.
The RECIPIENT shall conduct and report on initial investigations in accordance with
ECOLOGY's Initial investigations Policy 310A and any additional guidance on conducting
initial investigations. The RECIPIENT shall also attend any ECOLOGY required training on
initial investigations.
With prior approval by ECOLOGY's Project Manager, the RECIPIENT may reopen certain
investigations and conduct extended initial investigations. These may include sampling and
analysis or other costs approved in advance by ECOLOGY.
The RECIPIENT shall forward a copy of site investigation reports to ECOLOGY's Project
and Financial Managers within 30 days of a completed initial investigation.
TASK 2: SITE HAZARD ASSESSMENTS
'this task funds the RECIPIENT'S costs ECOLOGY determines reasonable and necessary to
perform site hazard assessments and to rank sites. The RECIPIENT shall perform site hazard
assessments as defined in the Model Toxics Control Act and rank sites in accordance with the
ECOLOGY's Site 1--lazard Assessment (SI IA) Guidance and Procedures for the Washington
Ranking method, Ecology Publication 91-73.
The RECIPIENT shall perform approximately six site hazard assessments under this task.
Sites from the Confirmed or Suspected Hazardous Sites list and those pending formal cleanup
actions are generally considered a higher priority for assessment. The RECIPIENT shall
confirm with ECOLOGY that the proposed site is approved for work under this task prior to
incurring costs.
If the RECIPIENT is perfort-ning SHAs at leaking underground storage tank (LUST) sites
approved by ECOLOGY, additional eligible costs may be allowed. This includes costs for the
development and implementation of sampling and analysis plans (SAPs) approved by
ECOLOGY, Sampling and analysis costs at these L UST sites may not exceed $10,000,
without the written approval by ECOLOGY.
The RECIPIENT may also peribrm lead assessments under this task in coordination with the
Department of Health at properties approved by ECOLOGY. The RECIPIENT may conduct
approved lead assessments where an elevated blood lead level has been identified in a child
residing at or frequenting the property. The assessment consists of the sampling, analysis, and
reporting on materials that potentially contain lead (such as paint, soil, and dust). This
includes making recommendations to the family about ways to mitigate exposure to and
remediate the lead.
The RECIPIENT shall report lead assessment results to the Department of Health and to
ECOLOGY, Costs for lead assessments shall not exceed $2,000 each without written
approval by ECOLOGY.
Grant No. G 140003 8
Site Hazard Assessment Agreement
With Jefferson County Public Health
The RECIPIENT shall forward a copy of site hazard assessment and ranking report to
ECOLOGY's Project and Financial Managers within 30 days of a completed site hazard
assessment.
TASK 3: CLANDESTINE DRUG LABS
This task funds the RECIPIENT'S costs ECOLOGY determines reasonable and necessary for
the RECIPIENT to conduct assessments and cleanups at clandestine drug lab locations
approved in advance by ECOLOGY's financial manager.. Work will be performed after a
letter amendment moving funds into this task is issued by ECOLOGY.
TASK 4: GRANT AND PROJECT ADMINISTRATION
This task funds RECIPIENT'S costs ECOLOGY deems reasonable and necessary to administer and
manage the grant.
The RECIPIENT shall docurnent on the progress report the staff time spent on each activity and at each
site,
The RECIPIENT shall submit copies of requested site records to ECOLOGY, including copies of
photographs documenting site visits.
Eligible administrative costs may also include those incurred performing activities to:
• Administer the grant, develop, and maintain grant files.
• Prepare and submit payment requests, and progress reports.
• Purchase services, Supplies, tools, and equipment needed to accomplish grant tasks.
(Equipment purchases are conditionally eligible and require prior written approval by ECOLOGY's
financial manager.)
• Attend training events approved in advance, including related travel costs. Training may be
billed under Tasks 1-3 as appropriate.
Grant No. G 1400038
Site Hazard Assessment At
With Jefferson County Public Health
PART 3: FUND SOURCE AND BUDGET
A. FUND SOURCI
Total Eligible Project Cost $39,850
and LTCA
Local Toxics Control Account
B. A-U-1)GET
Grant Tasks
Fund Share ('Va) Maximum Fund Amount
100% $39,850
Estimated Maximurn
Fund Amount
1, Initial Investigations $15,500
2. Site Hazard Assessments $16,550
3. Clandestine Drug Labs $0
4. Grant And Project Administration $7,800
TOTAL: $3%850
C. BUDGET CONDITIO
I , Any work performed or costs incurred prior to the effective date or after the expiration date of
this agreement will be at the sole expense of the RECIPIENT.
2, Overhead is eligible at a rate of up to 25 percent of staff salaries and benefits for time devoted to
tasks outlined in this agreement,
3, The RECIPIENT shall provide ECOLOGY a list of staff that will be working on grant projects,
their title and role, the percentage of time they will devote to grant projects, their salary rate, and
benefit rate.
4. To increase or decrease state funding or change the scope of work, ECOLOGY requires a formal
amendment, Reallocating funds among grant tasks may be performed through a letter
amendment.
5
Grant No. G1400038
Site hazard Assessment Agreernent
With Jefferson County Public Health
PART 4: SPECIAL TERMS AND CONDITIONS
A. D CULTURAI, RESOURCES
The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to
archeological or cultural resources. RECIPIENT shall immediately cease work and notify
ECOLOGY if any archeological or cultural resources are found while conducting work under this
agreement. In the event that historical or cultural artifacts are discovered at the project site, the
RECIPIENT shall also notify the state historic preservation officer at the Department of
Archaeology and Historic Preservation at (360) 586-3065. Applicability of the National Historic
Preservation Act (NUIPA) may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53
RC prior to conducting on-site activity with the potential to impact historic properties (such as
invasive sampling, dredging, or cleanup actions).
B. PILL
I. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a
payment request to ECOLOGY quarterly.
2, The RECIPIENT shall submit payment requests on ECOLOGY provided forms that
include an A-] 9, B2, C2, E, and a progress report, unless otherwise approved by
ECOLOGY.
3, Except for the A-19, ECOLOGY prefers the electronic submittal of payment requests
and backup documentation. If the RECIPIENT submits paper copies, the RECIPIENT
must submit one copy to the ECOLOGY financial manager, and one copy to the
ECOLOGY project manager.
4. The final payment request shall include a Final Project Report on ECOLOGY
provided forms unless otherwise approved by ECOLOGY.
5. In-kind services are not eligible for match.
6. Some costs are conditionally eligible and/or require ECOLOGY's financial manager's
approval prior to purchase. It is the RECIPIEN't"s, responsibility to understand the
eligibility of costs and their responsibility to obtain approvals prior to incurring costs.
Costs incurred without required prior approvals may be at the sole expense of the
RECIPIENT.
C, DoCUMENTATION
1. The RECIPIENT' shall include the supporting documentation for all expenses, including
RECIPIENT salary and benefits.
2. Supporting documentation includes contractor and subcontractor invoices and receipts,
accounting records, or any other form of record that establishes the appropriateness of an
expense.
3. ECOLOGY may request additional documentation if needed to determine if a cost will be
allowed.
Grant No. G1400038
Site Hazard Assessment Agreement
With Jefferson County Public Health
4. The RECIPIENT shall provide clear and legible supporting documentation and present it
organized by task as entered on the C2. This includes supporting documentation for staff salaries
and benefits.
5. RECIPIENT accounting procedures shall include maintaining supporting documentation in a
grant file. This includes cancelled checks, invoices, purchase receipts, payroll records, time and
attendance records, contract award documents, and vouchers sent to ECOLOGY. The Recipient
shall keep all supporting documentation for audit purposes for at least three years after the
expiration date of the agreement.
D. EOUIPMENT AND SIIJI'PIJIES
The RECIPIENT may purchase supplies and equipment needed to accomplish the scope of work in
the agreement. Equipment purchases require the written approval of the ECOLOGY Financial
manager, The RECIPIENT is responsible for any costs the financial manager does not approve.
The RECIPIENT agrees to make equipment purchased with grant funds available for use by
ECOLOGY as long as that use does not interfere with work on the originally authorized purpose.
When the equipment is no longer needed for the originally authorized purpose, the RECIPIENT
shall dispose of purchased equipment by sale for fair market value, ensuring the highest possible
return, Proceeds shall be used on site investigation or ranking activities.
E. FAILURE T D COMMENCE AND SUSTAIN WORK
In the event the RECIPIENT fails to commence work under the grant within 3 months, ECOLOGY
reserves the right to terminate this agreement.
F. MINORITY AND WOMEN'S BUSINESS PARTICIPATION
'rhe RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned
(MBE) and women-owned (WISE} businesses in purchases and contracts initiated after the effective
date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE
participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons
submitting qualifications should take the following steps, when possible, in any procurement
initiated after the effective date of this agreement:
I . include qualified minority and women's businesses on solicitation lists.
2, Assure that qualified minority and women's businesses are solicited whenever they are potential
sources of services or supplies.
3, Divide the total requirements, when economically feasible, into smaller tasks or quantities, to
permit maximum participation by qualified minority and women's businesses.
4, Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses,
5. Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U,S. Department
of Commerce, as appropriate.
Grant No. G 140003 8
Site Hazard Assessment Agreement
With Jefferson County Public Health
6. The RECIPIENT should report payments made to qualified firms to ECOLOGY at the time of
submitting each invoice. Please include the following information on the ECOLOGY provided
Form D:
i. Name and state OMWBE certification number (if available) of any qualified firm receiving
funds under the invoice, including any sub-and/or sub-subcontractors,
ii. The total dollar amount paid to qualified firms under this invoice.
G. PROCIJRENIENT AND CONTRACTS
The R1-'CIPIENTcertifies that it will follow its standard procurement procedures and/or applicable
state law in awarding contracts; RECIPIENTS with no formal procurement procedures must certify
that they have complied with the "Standards for Competitive Solicitation," found in the
Administrative Requirements.for Recipients oj'Ecology Grants and Loans, Ecology Publication ##91-
I fI (Revised September 2005).
H. REPORTING
L Progress Reports: The RECIPIENT shall submit progress reports no less frequently than
quarterly, even if a payment request is not submitted. ECOLOGY shall not approve payments
without a progress report for the billing period,
2. Spending Plans: The RECIPIENT shall submit a spending plan to ECOLOGY. The spending
plan identifies the RECIPIENT'S quarterly billing projections. The RECIPIENT shall update
the spending plan as needed throughout the term of the agreement upon request.
3, Final Project Report: In addition to the progress report that identifies the work performed during
the last billing period, the final payment request shall include a copy of the final project report.
"This report summarizes the project goals, purpose of the actions conducted, and outcomes of the
project. ECOLOGY may withhold final payment pending RECIPIENT's submittal of the final
project report.
4, Sampling data: The RECIPIENT shall submit all sampling data to ECOLOGY in both printed
and electronic formats in accordance with WAC 173-340-840(5) and theToxics Cleanup
Program Policy 840: Data Submittal Requirements. ECOLOGY may withhold payment if the
RECIPIENT does not submit sampling data.
1. STATE -WIDE VENDOR REGISTRATION
RECIPIENT will receive payment for approved and completed work through Washington State's Department
of Enterprise Services Statewide Payee Desk. To receive payment You must register as a state-wide vendor by
submitting a state-wide vendor registration form and an [RS W-9 form at website,
pes/Cony:a_ ti,g1krchasin Business/VeldorPaV/Pa s d fiiul.._asPx Contact
ICES at the Payee Help Desk at (360) 407-8180 or ernail paye for any questions about
the vendor registration process.
J. 11:.R.AINING.
The RECIPIEN'l" agrees to participate in any ECOLOGY recommended or required trainings related
to fulfilling the terms of the agreement.
Grant No, G 140003 8
Site Hazard Assessment Agreement
With Jefferson County Public Health
K. USE OF EXISTING CONTRACTS
The RECIPIENT shall inform ECOLOGY of the use of existing contracts and ensure they conform
to its adopted procurement procedures or applicable state law.
L. ALI, WRITINGS CONTAINED HEREIN
This agreement, including the appended "General Terms and Conditions," the Remedial Action
Grant Program Guidelines, the latest approved budget, and ECOLOGY's Administrative
Requirements for Recipients of Ecology Grants and Loans, Ecology Publication #91-18 (Revised
September 2005), contains the entire understanding between the parties, and there are no other
understandings or representations except as those set forth or incorporated by reference herein. No
subsequent modification(s) or amendment(s) of this grant agreement shall be of any force or effect
unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made
part of this agreement.
IN WITNESS WHEREOF, the parties hereby sign this Grant Agreement:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Laurie G. Davies
Program Manager
Waste to Resources Program
JEFFERSON COUNT Y
PUBl..,lC HEALTH
Date John Austin Date
Chair, Board of Commissioners
Approved as to form only Assistant Attorney General
I 1 7
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included
in the agreement's final scope of work and budget.
B. SUBGR►NTEEXONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of
this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full
rights as such.
D, CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering services
shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids
received and contracts awarded, for inspection and use by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the
RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
I . The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals
and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT
that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and
State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support
the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the
agreement is federally-funded, the RECIPIENT shall report to the DEPA RTMFNT the percent of grant/loan funds
available to women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations,
and policies of the United States and the State of Washington which affect wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial
insurance requirements. if the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right
to irm-nediately terminate this agreement for cause as provided in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in
this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee,
commission or gift in return for award of a subcontract hereunder,
M AUDITS AND INSPECTIONS
I. The RECIPIEN'r shall maintain complete program and financial records relating to this
agreement. Such records shall clearly indicate total receipts and expenditures by fund Source and task or object.
All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures.
All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work accomplished
under this agreement shall be maintained by the RECIPIENT.
2, All grant✓loan records shall be open for audit or inspection by the DEPARTMENT or by any duly
authorized audit representative of the State of Washington fora period of at least three years after the final grant
payment/loan repayment or any dispute resolution hereunder, If any such audits identify discrepancies in the
financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly,
3. All work performed under this agreement and any equipment purchased, shall be made available
to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during
the course of this agreement and for at least three years following grant/loan termination or dispute resolution
hereunder.
4. RECIPIENT" shall meet the provisions in OMB Circular A -1.33 (Audits of States, Local
Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A -133, if the
RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a
cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along
with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days
of the date of the audit report.
1. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such
other schedule as set forth in the Special Conditions. 'The RECIPIENT shall also report in writing to the
DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project
objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed
and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required
progress reports are not submitted.
Quarterly reports shall cover the periods January I through March 31, April I through June 30, July I
through September 30, and October I through December 31. Reports shall be due within thirty (30) days following
the end of the quarter being reported.
J. COMPENSATION
I. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in
the grant agreement and no more often than once per month. Each request for payment will be submitted by the
RECIP,IEN'r on State voucher request forms provided by the DEPARTMENT along with documentation of the
expenses. Payments shall be made for each task/phase of the project, or portion thereof, asset out in the Scope of
Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer,
The payment request form and supportive documents must itemize all allowable costs by major
elements as described in the Scope of Work. Instructions for submitting the payment requests are found in
"Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT, A copy
of this document shall be furnished to the RECIPIENT, When payment requests are approved by the
DEPARTMENT, payments will be inade to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT "' and directed to the Project Officer
assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to
the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement,
unless those dates are specifically modified in writing as provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation
within forty-five(45) days after the expiration date of this agreement and within fifteen (15) days after the end of a
fiscal biennium, F`ailure to comply may result in delayed reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent
(10%) ofeach reimbursement payment as security for the RECIPIENT's performance, Monies withheld by the
DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have
been completed if, in the DEPARTMENTs sole discretion, such payment is reasonable and approved according to
this agreement and, as appropriate, upon completion of an audit as specified under section J.G. herein,
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the
DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the
DEPARTMENT by the RECIPIENT.
G. Mileage and Per Diem. If mileage and per them are paid to the employees of the RECIPIENT or
other public entities, it shall not exceed the amount allowed under state law for state employees.
7. Overhead Costs, No reimbursement for overhead costs shall be allowed unless provided for in the
Scope of Work hereunder.
K. TERMINATION
I . For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the
RECIPIENT unjustifiably fails, bm the opinion ofthe DEPARTMENT, to perform any obligation required o[&by
this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement
by giving written notice of terminatiom
A written notice of termination shall be given at least five working days prior to the effective date
of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models,
photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the
DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and
equitable compensation for anysatisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT
for damages sustained by the DEPAWI'MENT and/or the State of Washington because of any breach of agreement
by the RECIPIENT, The DEPARTMENT may withhold payments for the purpose of setoff until such time as the
exact amount of damages due the DEPARTMENT frorn the RECIPIENT is determined.
%. Insufficient Funds. The obligation mythe DEPARTMENT to make payments im contingent outhe
availability o[ state and federal funds through legislative appropriation and state allotment. When this agreement
crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of fibrids
during the next fiscal year, The failure to appropriate or allot such funds shall be good cause to terminate this
agreement as provided im paragraph K.\ above.
When this agreement crosses the REClPlENT^efiacuk year, the obligation of the RECIPIENT to
continue or complete the project described herein shall be contingent upon appropriation mf funds 6y the
R6ClpKBNT'm governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT
frum demanding repayment uf ALL funds paid tothe RECIPIENT in accordance with Section 0herein,
3. Failure mo Commence Work. lo the event the RECIPIENT fails to commence work aothe project
funded herein within four months after the effective date oY this agreement, orby any date mutually agreed upon in
writing for commenoenmmotof work, the DBPA8TMDZN7ncmerveathe right to terminate this agreement.
L WAIVER
Waiver of any RECIPIENT default [m not a waiver of any subsequent default. Waiver ofm breach ofany
provision of this agreement is not a waiver of any subsequent breach arid will not be construed as a modification of
the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
l. Copyrights and Patents. When the REClP(ENT crcmemauyoupyrightmblematc6ulmor[ovemtmmny
patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains
royalty-frem^ nonexclusive and irrevocable license to reproduce, publish, recover nr otherwise use the mouc,knl(a)or
property and oo authorize others muse the same for federal, state or local government purposes.
Where federal funding is involved, the federal government may have a proprietary interest iu
patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S,C, 200-212.
2. pmWioa6ouo. When the RECIPIENT nr persons employed 6ythe RECIPIENT use orpublish
information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied 6ythe
DEPART MFNT� use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc.,
appropriate credit shall be given to the DEPARTMENT,
3. Tangible Property R|g6um, The DBPARIMBNT`ucurrmot edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal
property purchased wholly oriu part with funds furnished by the DEPARTMENT |n the absence of state, federal
statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of
Work,
4. Personal Property Furnished by the DEPARTMENT, When the DEPARTMENTpouv@oo
personal property directly to the RECIPIENT for use in performance of the project, it shall be returned *othe
DEPARTMENT prior to final payment by the DEPARTMENT, lf said property 1m lost, stolen or damaged while {m
the RECIPIENT's possession, the DEPARTMENT shall be reirribursed in cash or by setoff by the RECIPIENT for
the fair market value of such property,
5. Acquisition Projects. The following provisions abuU apply if the project covered bythis
agreement includes funds for the acquisition of land orfaoi|ihaa�
m_ Prior uz disbursement mf funds provided for in this agreement, the QBC{PlENTubm|i
establish that the cost of\mod/orfacilities im fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for
each parcel prior mo disbursement uf funds provided 6y this agreement. Stich evidence may include title insurance
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policies, Tbrnu s certificates, or abstracts, and attorney's opinions establishing that the land is free from any
imped|momt,hcu.orclaiomwhich would impair the uses contemplated ky this agreement.
6. Conversions. Regardless of the contract termination date shown om the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this
agreement to uses other than those for which assistance was originally approved without prior written approval of
the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the
proceeds of the sale, lease ur other conversion or encumbrance which monies granted pursuant wo this agreement
bear to the total acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
ln order tusustain YVuahiogtoo,ouo*urul resources and ecosystems, the RECIPIENT isencouraged to
implement sustainable practices v°hum: and when possible. These practices include use of clean energy, and
purchase and use ofaumoioub|y produced products (e.g. recycled papm4. For more information, see
`*vrw.eny.vvu.8ov/mumtoimabiUty..
01 RECOVERY K}[PAYMENTS TO RECIPIENT
The 6ghtoCtba RECIPIENT mretain monies paid tm it as reimbursement payments is contingent upon
satisfactory performance of this agreement including the satisfactory completion of the project described in the
Scope mfWork. \u the event the RECIPIENT fails, for any reason, »a perform obligations required ofit by this
agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the
DEPARTMENT all grant/loan funds disbursed tothe RECIPIENT for those parts of the project that are rendered
worthless in the opinion of the DEPARTMENT 6y such failure u»perform.
interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT
demands repayment offunds, If payments have been discontinued by the DEPARTMENT due to insufficient funds
as in Section K.2 above, the RECIPIENTshall not be obligated to repay monies which had been paid tmthe
RECIPIENT prior to such termination. Any property acquired under this agreement, am the option ofthe
DEPARTMENT, may become the DEPARTMENT'S property and the RBCIP{ENT^B liability to repay monies shall
bc reduced hyon amount reflecting the fair value ofsuch property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the RECIPIENT
shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated
official to whom the RECIPIENT shall report and be responsible, In the event there is a dispute with regard to the
extent and character of the work tobe done, the determination mfthe Project Officer mr other designated official um$o
the extent and character nf the work tabm done shall govern, The RECIPIENT shall have the right tuappeal
6edaienu ou provided for below.
Q. DISPUTES
Except uy otherwise provided lo this agreement, any dispute concerning a question of fact arising under this
agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official
who shall provide o written statement nf decision tn the RECIPIENT, The decision of the Project Officer nrother
designated official shall 6e final and conclusive unless, within thirty days from the date of receipt of such statement,
the02C{PlENlrnuiiaorotbcrvvime0urnjmhautothoDircotnroftheD2P&8IMOENTmm'r|ttmnuppcmk.
Um connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity
»obc heard and m offer evidence in support oC this appeal. The decision nf the Director or duly authorized
representative for the determination of such appeals shall be final and conclusive, Appeals from the Director's
determination shall bc brought in the Superior Court olThorymnCounty, Review of the decision mf the Director
will not be sought before either the Pollution Control I-learings Board or the Shoreline Hearings Board. Pending
final decision of dispute hereunder, the RECIPIENTshall proceed diligently with the performance of this agreement
and iu accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or einployee of either party to this agreement who exercises any function or
responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which
mQecty his/her personal interest urthe interest of any corporation, partnership orassociation iu which he/she 'is,
directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this
agreement or the proceeds thereof
S. INDEMNIFICATION
1. The DEPARTMENTshall in no way be held responsible for payment of salaries, consultant's fees,
and other costs related to the project described herein, except as provided in the Scope ofWork.
ON
2, To the extent that the Constitution and laws of the State of Washington permit, each party shall
indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property
arising from the negligent act or omission of that party or that party's agents or employees arising out of this
agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington,
U. SEVERABILITY
if any provision of this agreement nor any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the
invalid provision, and to this end the provisions of this agreement are declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be
resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b)
Scope of Work; (c) Special Terms and Conditions-, (d) Any terms incorporated herein by reference including the
"Administrative Requirements for Ecology Grants and 1,.oans"; and (c) the General Terms and Conditions.
SS -010 Rev. 04I04
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