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HomeMy WebLinkAbout110413_ca06JEFFERSON C OUNTY PUBLic HE, ALTH. Consent Agenda 615 Sheridan Street o Port Townsend o Was,hiingt�on o 983' 68 www,1e,ffersoncoLu�'it ublachealth,oirg October 18, 2013 1-0-TOTA 10A Px!] Li U 11 l dlau j uLll. JA TO: Board of County Commissioners Philip Morley, County Administrator r it MMK= DATE*. CUBJECT: Agenda Item — Agency Agreement — Coordinated Prevention Grant — Enforcement, #G14001100 with the Department of Ecology; I July 1, 2013 — June 30, 2015; $206,320 with match at $51,580 STATEMENT OF ISSUE: Jefferson County Public Health, Environmental Health, is requesting Board approval of Agency Agreement, Coordinated Prevention Grant — Enforcement, #G1400100 with the Department of Ecology; July 1, 2013 - June 30, 2015; $206,320 with match at $51,580 ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S: This agreement with Washington State Department of Ecology promotes and ensures compliance with the solid waste management regulations as identified in the local Comprehensive Solid Waste Management Plan and Hazardous Waste Management resulting in the protection of human health and the environment. Consent Agenda FI5!gAL IMPACTICOST BENEFIT ANALYSIS: The maximum eligible cost for this contract is $206,320 with a 75/25 match. $51,580 will come from Solid Waste program fees and the County General Fund. RECQMMENDATION: JCPH management request approval of Agency Agreement, Coordinated Prevention Grant — Enforcement, #G1400100 with the Department of Ecology; July 1, 2013 — June 30, 2015; $206,320 with match at $51,580 REVIEWED BY: -L-4 Phi l Morle �unty Admini 't � Or IM= Ow ■ COORDINATED PREVENTION GRANT AGREEMENT FEW 1141 a OLMMII-112KKIIUC Grant No. G14001,00 Washington State Department of Ecology Grant No, G 1400100 Jefferson County Public Health Page 2 of 17 This is a binding agreement entered into by and between the State of Washington, Department of Ecology, hereinafter referred to as the "DEPARTMENT' or as "ECOLOGY" and Jefferson County Public Health, hereinafter referred to as the "RECIPIENT" to carry out with the provided funds activities described herein. JURISDIC7ION: Jefferson County Public Health MAILING ADDRESS: 615 Sheridan Street CITY, STATE, ZIP: Dort Townsend, WA 98368 RECIPIENT GRANT COORDINATOR: JARED KEEFER TELEPHONE-. 360-385-9411 E-MAIL: jkeefer&o.jefferson-wa.us RECIPIENT BILLINGANVOICE COORDINATOR. SUSAN PARKS TELEPHONE: 360-385-9437 E-MAIL: sparke@co.jefferson-wa.us ECOLOGY PROJECT/ FINANCIAL MANAGER: TAMI M. RAMSEY TELEPHONE: 360-407-6612 E-MAIL: tan1i.rarnsey@ccy,wa,gov FUNDING SOURCE: Local Toxics Control Account MAXIMUM ELIGIBLE COST: STATE GRANT SHARE: LOCAL SHARE: STATE MAXIMUM GRANT PERCENT: FEDERAL TAX IDENTIFICATION NiO.: EFFECTIVE DATE OF THE AGREEMENT-, EXPIRATION DATE OF THE AGREEMENT.- $206,320 $154,740 $ 51,580 75 % 91-6001322 07-01-2013 06-30-2015 Washington State Department ofEcology Grant No. G 1400 100 Jefferson County Public Health Page 3 of 17 PART 1: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT'S, activities to be performed under this agreement. Costs are limited to those approved by ECOLOGY as outlined in the current scope of work and budget. RECIPIENT" trust complete all deliverables by the expiration date of this agreement, including delivery of purchases, unless otherwise stated in the scope of work or approved by ECOLOGY in writing. Note: The term "task" as used in this agreement is interchangeable with the term "project" as used on the online Solid Waste Information Clearinghouse and "element" as used on payment request forms. The "Maximum Eligible Cost" is the maximum amount of eligible costs incurred by RECIPIENT that ECOLOGY can reimburse at a rate of 75 percent under this grant. RECIPIENT shall identify the work plan and activities by "Quarter." A quarter is defined by calendar year and begins with the first three months of the grant period. RECIPIENT may negotiate changes to the work plan with ECOLOGY. ECOLOGY shall document mutually agreed changes to the plan in writing. CATEGORY: SOLID WASTE ENFORCEMENT Maximum Eligible Task Cost: $206,320 SOLID WASTE ENFORCEMENT Task Coordinator — Pinky Feria Mingo, 360-379-4489, pin ky(a.),co.jefferson.wa.us ACTIVTY 1— SOLID WASTE HANDLING FACILITY AND SITE COMPLIANCE Task Description: RECIPIENT shall monitor solid waste handling facility compliance with applicable state solid waste regulations including but not limited to Chapter 173-350 WAC, Solid Waste Handling Standards, Chapter 173-351 WAC, Criteria for MunicipalSolid Waste Landfills, Chapter 173-304 WAC, Minimum 17unctionalStandardsibr Solid Waste Handling, and any related local solid waste regulations, or codes. RECIPIENT shall accomplish monitoring of solid waste handling facilities and sites as prescribed by the applicable solid waste regulation(s), including but not limited to inspections and oversight, review of groundwater data, and annual review of financial assurance. RECIPIENT shall file all issued permits to the appropriate, regional Waste 2 Resources Section Manager within seven (7) days following issuance in accordance with WAC 173-350-710 (2) (c). New solid waste permit applications and notices of exemption considered during the grant period for facilities not listed in this task may be managed under this agreement. RECIPIENT shall meet the terms of the applicable regulations for the following activities: • Permit issuance - WAC 173-350-710 (2) Permit renewals — WAC 173-350-710 (3) and Chapter 70.95.190 RCW Permit modifications - WAC 173-350-710 (4) Inspections — WAC 173-350-710 (5) Permit suspension and appeals — WAC 173-350-710 (6) Washington State Department of Ecology Grant No. G 1400 100 Jefferson County Public Health Page 4 of 17 • Variance - WAC 173-350-710 (7) • Permit deferral - WAC 173-350-710 (8) There are seven (7) solid waste facilities or sites currently identified in Jefferson County with an active solid waste perinit: • Jefferson County Transfer Station • Jefferson County MRW Facility • Port Townsend Paper Landfill • Indian Island Inert Landfill • Jefferson County Recycling Center • Port Townsend Composting Facility • Quilcene Drop Box Permit renewals for the following facilities shall be issued per Chapter 173.350.710 (3) WAC and Chapter 70.95.190 RCW. There is currently one (1) solid waste facility or site identified in Jefferson County in post closure status. • Jefferson County Closed Landfill RECIPIENT may inspect and monitor sites that are in "exempt" status. There are four (4) solid waste facilities or sites currently identified in Jefferson County in exempt status: • Leavitt Trucking & Excavating • Peninsula Auto Wrecking • Valley View Dairy Compost • Shine Facility RECIPIENT may review annually the compliance status of any solid waste handling facility operating under a permit deferral approved in accordance with WAC 173-350-710 (8). RECIPIENT may contact Ecology staff when a facility is found to be out of compliance to determine appropriate corrective actions. RECIPIENT shall report corrective or enforcement actions on the standard grant reporting forms for the quarter in which the activity occurred. Goal Statement. The goal of this task is to protect human health and the environment by monitoring compliance with state and local solid waste regulations, and enforcing compliance when necessary, Outcome Statement: RECIPIENT expects to complete at least one inspection per calendar year at each permitted solid waste facility or site identified under this activity. Washington State Dcpartinent of Ecology Grant No. G 14t]0100 Jefferson County Public Health Page 5 of 17 Work Plan, Deliverables and Timeline-, Q1, Q5 Develop/subinit prospective annual inspection schedule to ECOLOGY Accomplish facility and other inspections as scheduled Follow-up as required / needed Provide oversight / monitor for compliance Q2 — Q4, Q6 -- Q8 Accomplish facility and other inspections as scheduled Follow-up as required / needed Provide oversight / monitor for compliance Method of Evaluation: RECIPIENT will track oversight for solid waste facilities/sites, complete quarterly progress reports through the Solid Waste Information Clearinghouse, and submit copies of inspection reports to ECOLOGY for inspections conducted in the quarter; and file all issued permits as described above. If grant funds are used for laboratory services, the RECIPIENT will note the sites and briefly describe the analytical results in the corresponding quarterly progress report. ACTIVTY 2 — SOLID WASTE INVESTIGATION, ASSISTANCE AND ENFORCEMENT Task Description: RECIPIENT shall investigate solid waste related complaints or concerns, including, at RECIPIENTS discretion, assisting in the proper handling of abandoned or illegally stored junk or nuisance vehicles. RECIPIENT shall offer technical assistance about solid waste regulations and how to prevent violations. RECIPIENT shall enforce as necessary. RECIPIENT shall provide public education about proper handling and disposal methods. RECIPIENT expects to conduct the following activities and incur the associated costs: Stafftime: investigate solid waste related complaints or concerns; follow up, including enforcement; provide technical assistance for proper handling and disposal of solid waste; research emerging solid waste issues; attend work-related trainings; participate in solid waste organizations; and work on database integration. Purchases: communication, vehicle use, office supplies (to the extent it is not covered in the overhead), tools (with ECOLOGY prior approval), costs related to education/outreach. Other: use an existing contract and enter into a new contract for services as identified in the contracts. Goal Statement: The goal of this task is to protect human health and the environment by monitoring compliance with local and state solid waste regulations, and enforcing compliance when necessary. Outcome Statement: Over tile two year grant period, RECIPIENT expects to investigate and resolve 140 solid waste complaints or concerns, and expects to assist in the proper handling of 140 junk or nuisance vehicles. Washington State Department of Ecology Grant No. G 1400 100 Jefferson County Public Health Page 6 of 17 Work Plan, Deliverables and Timeline: QI — Q8 Investigate and resolve solid waste complaints and concerns, follow-up and enforce as necessary, research emerging solid waste issues Method of Evaluation: RECIPIENT will track the number investigations and resolutions (including enforcement actions), numbers of general assistance provided, and will report this information quarterly in the Solid Waste Information Clearinghouse. PART 2: BUDGET PART 3: BUDGET CONDITIONS A. ECOLOGY requires RECIPIENT to provide a match of 25 percent of the maximum eligible cost with cash or interlocal. costs. Interlocal costs are the only type of in-kind contributions RECIPIENT may use as match. 13. If parties are contributing to the local share of task costs (match) through interlocal-in kind contributions, RECIPIENT shall negotiate a memorandum of understanding or other written agreement confirming the contribution between tile parties. These agreements shall specify the exact work to be accomplished and be signed by all parties contributing to the local match of this task. Copies of these agreements shall be made part of RECIPIENT' S grant file and submitted to ECOLOGY. C. Overhead/Indirect is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent on tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are eligible (excluding time spent to write a CPG grant application). Washington State Department of Ecology Grant No. 01400100 Jefferson County Public Health Page 7 of 17 D. RECIPIENT must submit a written request to ECOLOGY to arnend budgets between grant tasks, to modify a scope of work, or for a budget increase or decrease. To increase or decrease the agreement's total maximurn eligible cost or change the scope of work for any tasks as outlined in this grant agreement, ECOLOGY requires a formal amendment. E. RECIPIENT must provide ECOLOGY with an updated Spending Plan when requested by ECOLOGY. F. 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 RECIPIENT. PART 4: SPECIAL TERMS AND CONDITIONS A. BILLING 1. Unless otherwise approved in writing by ECOLOGY, RECIPIENT shall submit apayment request to ECOLOGY at least quarterly (by calendar year), but no more often than once per month. RECIPIENT must submit payment requests on approved State Invoice Voucher forms: A1.9 -1A, B 1 /132, Cl /C2. Until there is a change in program policy, the recipient must submit an A -1 ^9 with an original signature in blue ink, signed by an authorized person. The 132 and C2 forms are acceptable in electronic format. RECIPIENT must also include all backup documentation to support costs itemized on Form C I/C2. The budget is organized by task and therefore, the RECIPIENT shall itemize costs by task on Form C I/C2 and Form 131/132. Forms B I and C1 are used only when interlocal costs are used towards the 25 percent match. 3, Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity, as defined by ECOLOGY, S Administrative Require ments.lbr Recipients of Ecolo Grants and Loans, Ecology Publication #91-18. 4. RECIPIENT shall submit supporting documents with each payment request. This includes copies of invoices, purchase receipts, payroll records, time and attendance records, contract award documents, and any document deemed relevant by ECOLOGY to establish the approval of an expense listed on Form Cl/C2. Documentation shall be clear and legible and organized by task in the order in which it is itemized on Form Cl/C2. 5. RECIPIENT shall maintain grant related material and supporting documents including invoice vouchers sent to ECOLOGY in a common file. RECIPIENT shall keep all supporting documents for audit purposes for at least three years from the date the agreement is closed by ECOLOGY. B,. REPORTINGr L Progress reports must be submitted through the web-based database, the Solid Waste Information Clearinghouse. RECIPIENT must submit a progress report with each payment request. If a quarterly payment request is not submitted, RECIPIENT is still required to submit a progress report for that quarter. Reporting on regular solid waste enforcement work is provided through a series of data fields; reporting on a special task requires a separate report. Reports shall include Washington State Department of Ecology Grant No. G 14001 tltl Jefferson County Public Health Page 8 of 17 information that supports incurred costs identified on the corresponding CI or C2 of the payment request. Special task reports will provide a brief update in support of the outcomes and or method of evaluation in the grant agreement. a) A Final Performance Analysis (FPA) report is required for each special task in a Solid Waste Enforcement grant before ECOLOGY can process a final payment request. C. COMPENSATION Payment to RECIPIENT will be issued through Washington State's Department of Enterprise Services (DES). DES maintains a central vendor file for Washington state agency use to process vendor payments.. This allows vendors to receive payments from all participating state agencies. RECIPIENTS must register as a state-wide vendor (SWV) by submitting a state-wide vendor registration form and an IRS W-9 form http://www.ofm.wa.gov/isd/vendors/payee–registration.doc to DES. If you have questions about the vendor registration process you can contact IDES at the Payee Flelp Desk at (360) 664-7779 or email to Svc efielLide k,( ,&—of nL�EAZov. LMAM, wile RECIPIENT is expected to participate in any ECOLOGY recommended trainings related to managing a CPU agreement when feasible unless exempted by ECOLOGY in writing. E. PROCUREMENT AND CONTRACTS I. RECIPIENT must follow local procurement procedures or current state procurement procedures, whichever is stricter. A recipient with no formal procurement procedures must certify that they have complied with the "Standards for Competitive Solicitation" found in Part V of the Administrative Requireinentsfor Recipients Qf Ecology Grants and Loans – rellow Book, Ecology Publication #91-18. 2. Upon issuance, RECIPIENT may submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to this grant agreement to ECOLOGY to be placed in the file. 3. Prior to contract execution, RECIPIENT may submit all draft documents and a copy of the draft proposed contract to ECOLOGY for review. RECIPIENT assumes any risks associated with the failure to consult with ECOI. OGY, Following the contract execution, RECIPIENT shall submit a copy of the final contract to ECOLOGY to be placed in the file. 4. Unless a specific purchase of equipment or real property is already written into a task's scope of work, RECIPIENT must submit a written request to ECOLOGY to purchase any equipment or real property (Property) with a single unit purchase price of $5,000 or more. The request must include the justification for the purchase of the property, the total cost, the intended use, and the anticipated useful life of the property. The request must be approved in writing by ECOLOGY prior to the purchase. F. USE OF EXISTING CONTRACTS RECIPIENT may use existing contracts that conform to local adopted procurement procedures and applicable state laws. RECIPIENT shall notify ECOLOGY if intending to use contracts entered into prior to the execution of the grant agreement for performance of grant-funded activities. RECIPIENT shall submit a copy of the contract to ECOLOGY to be placed in the file. Washington State Department of Ecology Grant No. G 1400 100 Jefferson County Public Health Page 9 of 17 The grant eligibility of products or services secured by RECIPIENT under existing contracts used to perform the scope of work in this agreement must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement. G. PROPERTY AND EOUIPMENT MANAGEMENT AND DISPOSITION For equipment or property purchased with a cost of at least $5,000 per unit or functional system, RECIPIENT must utilize an inventory control system, including physical inventory to document the ongoing use, a description of the item (including serial or vehicle identification number (VfN when possible) and location. The information shall be submitted to ECOLOGY upon request until final disposition is made. RECIPIENT shall investigate, document, and report to ECOLO(W any loss, theft or damage upon discovery of such conditions. RECIPIENT will follow manufacturer recommended maintenance procedures to keep the property in good operating condition. RECIPIENT shall submit a written request to the ECOLOGY for any intent to change the use of the equipment as outlined in this grant agreement, including uses past the expiration date of this agreement. Disposition of the equipment shall be determined by ECOLOGY and documented in writing, A copy of the determination will be provided to RECIPIENT upon ECOLOGY's closure of the grant agreement unless already identified in the task's scope of work. • If the equipment is necessary for the continued operation of the project or other projects administered through ECOLOGY, ECOLOGY may instruct the recipient to retain the equipment with no further compensation to ECOLOGY. • If the project has no further significant use for the equipment, ECOLOGY may instruct the recipient to retain or sell the equipment and pay ECOLOGY an arnount equal to ECOLOGY's share of the current fair market value, sale proceeds or other price agreed upon by ECOLOGY. • ECOLOGY may instruct the recipient to transfer title to ECOLOGY or to a third party named by ECOLOGY who is eligible under existing statutes H. ALL WRITINGS CONTAINED HEREIN This Agreement, including the appended "General Terms and Conditions," current cycle Program Guidelines — Coordinated Prevention Grants found at Nit —ti)- :Lfortress.wa.gov, ea l?,ublicationS/SLti-riniarvpagcs/ I 107008jitall, and ECO FOGY' S Administrative Requirementsfor Recipients qf'Ecolo�T Grants and Loans, Ecology Publication #91-18, contain 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 RECIPIENT and ECOLOGY and made part of this agreement. I. ARCHE01,0GICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to the 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 Washington State Department of Ecology Grant No. G 1400 100 Jefferson County Public Health Page 10 of 17 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) 58,6-3065. Applicability of the National Historic Preservation Act (NHPA) may require RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact historic properties (such as invasive sampling, dredging, or cleanup actions). J'. ENVIRONMENTALLY PREFERABLE PURCHASING' In ajoint effort to save costs, produce energy savings and prevent waste, RECIPIENT agrees to use both sides of paper sheets for copying and printing when feasible. RECIPIENT also agrees to purchase paper products with a high level of post consumer recycled content when they are comparable in quality, available, and cost effective. IN WITNESS WHEREOF, the parties sign this Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Laurie G. Davies Date Program Manager Waste 2 Resources Program JEFFERSON COUNTY PUBLIC HEALTH Signatory Printed Name and Title of Signatory APPROVED AS TO FORM ONLY Assistant Attorney General Date Washington State Department of Ecology Grant No. G1400100 Jefferson County Public Health Page I I of 17 APPENDIX A PART 5: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology SS-010 Rev. 04/04 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 ifthat has been included in the agreement's final scope of" work and budget. B. SUBGRANTEEXONTRACTOR 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 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 Washington State Department of Ecology Grant No. G 1400 100 Jefferson County Public Health Page 12 of 17 to the DEPARTMENT the percent of granVloan funds available to women or minority owned businesses. 3. Wages and Job Safety. The RECIPIENT agrees to comply withal] applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. Industrial Insurance, The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS I. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All 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 for a 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, 1 All work performed Linder this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorised 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. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organisations), 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 firom 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 Washington State Department of Ecology Grant No. 01400100 Jefferson County Public Health Page 13 of 17 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 Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and 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 Recipients of Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT, When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. 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. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.5 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. 6. 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. Washington State Department of Ecology Grant No, G 1400 100 Jefferson County Public Health Page 14 of 17 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination, A written notice of termination shall be given at least 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 any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for darnages sustained by the DEPAWFMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of'state and federal funds through legislative appropriation and state allotment, When this agreement crosses over state fiscal years the obligation of the DE13ARTMENT is contingent upon the appropriation of funds during the next fiscal year, The failure to appropriate or allot Such funds shall be good cause to terminate this agreement as provided in paragraph K. I above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section 0 herein. 3, Failure to Commence Work. In the event the RECIPIENT fails to commence work oil the project funded herein within four months after the effective date of this agreement, or by ally date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT, M. PROPERTY RIGHTS 1. Copyrights and Patents, When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the Washington State Department of Ecology Grant No. G 1400 100 Jefferson County Public Health Page 15 of 17 DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use (tie same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 1 Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4, Personal Property Furnished by the DEPARTMENT, When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5, Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of landlor facilities is fair and reasonable. b, The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Stich approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of'such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g, recycled paper). For more information, see www.ecy.wa.gov/sustainability. Washington State Department of Ecology Grant No. G1 400100 Jefferson County Public Health Page 16 of 17 0. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by tile DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination, Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENTS property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible, In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT` shall have the right to appeal decisions as provided for below. DISPUTES Except as otherwise provided in 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 a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of'such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or Washington State Department of Ecology Grant No. G 1400 100 Jefferson County Public Health Page 17 of 17 association in which lie/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 DEPARTMEN'T shall in noway be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising frorn the negligent act or omission of that party or that party's agents or employees arising out of this agreement, T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington, U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable: Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS-010 Rev. 04/04