HomeMy WebLinkAbout110413_ca04JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrator
FROM: Kate Driehaus WSU Jefferson County Extension
DATE: 11 -4 -13
RE: Grant agreement 4G1400326 with the Washington State Dept. of
Ecology
STATEMENT OF ISSUE:
The Marine Resources Committee (MRC) is requesting approval on the consent agenda of the
above referenced grant agreement. The effective date of this agreement is September 1, 2013;
the completion date is September 15, 2014.
ANALYSIS:
This grant will be used to fund administration for the Jefferson County Marine Resources
Committee. The tasks include coordination of MRC meetings, grant administration, MRC
website , annual report, workplan and training. Services will be provided by existing staff and
contractors.
FISCAL IMPACT:
$74,920.00 entirely grant - funded — no cost is incurred by the County
RECOMMENDATION:
We recommend that the Commissioners approve this agreement
DEPARTMENT CONTACT:
Kate Driehaus 379 -5610 Ext. 206
REVIEWED BY:
L
ore , Co ministrator
Date
�alDEPARTMENT OF
ECOLOGY
State of Washington
Grant Agreement No. G1400326
between the
State of Washington Department of Ecology and
Jefferson County
Northwest Straits Project: Jefferson Marine Resources Committee
Operations and Projects
THIS is a binding agreement entered into by and between the State of Washington, Department
of Ecology, (PO Box 47600, Olympia, Washington, 98504 -7690) hereinafter referred to as the
"Ecology" and Jefferson County, hereinafter referred to as the 'Recipient' or "MRC" to carry out
the activities described herein.
Recipient Name:
Project Coordinators:
Phone:
e -mail:
WSU Jefferson County
380 Jefferson Street
Port Townsend, WA 98368
Cheryl Lowe
360 - 379 -5610 ext 230
cheryl.loweawsu.edu
Fiscal Contact: Kate Driehaus
Phone: 360 - 379 -5610 ext 206
e -mail: kdriehaus(@co.iefferson.wa.us
Payee on Warrant: WSU Jefferson County Extension
Address as above
Project Officer for the Department: Sasha Horst
Northwest Straits Commission /Dept of Ecology
10441 Bayview- Edison Road
Mount Vernon WA 98273
Phone: 360 - 428 -1084
e -mail: horst(a)nwstraits.orq
The source of funds provided by Ecology is federal Environmental Protection Agency funding
through the Puget Sound Partnership Technical Investigations and Implementation, CFDA
#66.456). These funds are subject to congressional actions.
Total Eligible Project Cost: $74,920
Total State Share: $74,920
Local Match: - 0 -
The start date of this agreement is September 1, 2013; the end date is September 15,
2014.
Page 1 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
Scope of Work
Project Titles Jefferson Marine Resources Committee Operations and
Projects
Description: This grant will be used to fund the Jefferson County Marine Resources
Committee's (MRC) operations and projects for 2013 -2014.
In performing the following tasks, the RECIPIENT shall comply with the
local Shoreline Master Program, local Growth Management Act
Comprehensive Plan, SEPA and zoning ordinances. If GIS work or
environmental measurement data is to be collected under this agreement,
refer to paragraphs 131 and B2 of Special Terms and Conditions of this
agreement for compliance with Ecology standards.
Work Program: The following tasks will be completed under this agreement:
TASK 1: MRC Operations
1.1 MRC Meetings and Communication: schedule and hold regular meetings
of the MRC; prepare and distribute agenda; prepare and distribute
meeting minutes; invite speakers on topics of community interest; and
other logistical and communication functions as needed. Provide
summary of activities for MRC representative to share at Northwest
Straits Commission (NWSC) meetings.
1.2 Grant administration: Prepare progress reports, final report and
completion report for Northwest Straits Commission; track and administer
budget; document matching funds and volunteer time; perform contract
management; and prepare grant applications for MRC projects.
1.3 MRC Web Site: Existing MRC web site will be maintained and regularly
updated with notices of upcoming meetings and agendas and other timely
and relevant information.
1.4 Annual Report: This report will summarize MRC activities and progress
on projects, including progress in achieving the Northwest Straits
Initiative's performance benchmarks and connection to Puget Sound
Action Agenda.
1.5 Workplan: The workplan will include the objectives, timeframe, products,
and benchmarks addressed in this scope of work.
1.6 Training: The MRC members will attend the Northwest Straits
Commission training and /or additional conferences, trainings, and
workshops as appropriate.
Page 2 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
1.7 Representation at NWSC meetings: A representative of the MRC will
attend each Northwest Straits Commission meeting and provide an
update on current activities of the MRC.
1.8 Local Integrating Organization: The MRC staff and two MRC members
will participate in meetings and operations of the Local Integrating
Organization (LIO) in order to contribute a marine water and nearshore
focus to the process.
Outcomes:
a. MRCs have a documented process to recruit and train members to be active participants
and contributors to the work of the MRC.
b. Information about projects and the work of the MRC is accessible and shared regularly
through presentations, meetings and web site.
c. The MRC meets regularly in a public forum that is promoted locally to community
members and decision makers
d. The MRC is informed of and contributes to the work of the Northwest Straits
Commission.
e. The value of volunteer hours and other local contributions to the work of the MRC is
documented and shared with the Commission and the County.
f. The work of the MRC is planned in advance through an annual workplan and
documented in an annual report.
g. MRC members and staff contribute to other relevant local and regional processes
related to marine issues.
Deliverables (one hard copy and one electronic copy of each):
1. Progress report (update on all tasks) - due quarterly: October 11, 2013, January 10,
April 11, July 11 and September 15, 2014
2. Meeting agendas and minutes — due quarterly
3. Web site address and CD of site contents — due January 10, 2014 and September 12,
2014
4. Annual Report: due September 15, 2014
5. List of NWSC meetings, conferences and other workshops attended and names of
MRC members attending — due quarterly
6. Matching fundstvolunteer time tracking — due quarterly
TASK 2: Marine Stewardship Education and Outreach
2.1 To promote stewardship and understanding of Jefferson County marine
resources, the MRC will host information tables at four community events
or festivals, distribute press releases and articles to local media and
listservs, and support other outreach activities as appropriate.
2.2 The MRC will convene a meeting of all organizations and groups involved
in nearshore restoration in Jefferson County to share information and
strengthen collaborations, as described in the pending Jefferson County
Shoreline Master Program Restoration Plan Update.
2.3 The MRC will participate in the expansion of the online data sharing
system, Sound10, by preparing local datasets, coordinating with local
government entities, and hosting a public meeting to share information
about the system.
Page 3 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
Outcomes:
• Public access to scientific information about local shorelines will be enhanced through
the expansion of the SoundlQ online data sharing system.
• Increased collaboration between organizations and groups involved in local nearshore
restoration actions as measured by evaluation following nearshore restoration meeting
and six month follow up survey.
• Local residents, visitors and boaters will be more aware of threats to marine resources
and more knowledgeable about actions they can take to prevent harm. Five hundred
direct contacts will be made and 200 stewardship pledge cards signed.
Deliverables (one hard copy and one electronic copy of each):
1. Progress report (update on all tasks) - due quarterly: October 11, 2013,
January 10, April 11, July 11 and September 15, 2014
2. Summary of datasets included in SoundIQ system — due April 11, 2014
3. Summary from Shoreline Master Program Restoration Plan meeting
(including list of participants and organizations represented, overview of
current projects and anticipated projects, community needs and available
resources) — due March 31, 2014.
4. Outreach and education summary report (including copies of press releases
and any resulting articles, newsletter articles, copies of outreach materials
produced, jpg images of display and information booths, list of events and
presentations, estimated number of people reached, and results from
surveys and number of pledge signatures) — due semi - annually, April 11,
2014 and September 15, 2014
TASK 3: Port Townsend Voluntary No Anchor Eelgrass Protection Zone
The voluntary no anchor zone in Port Townsend protects ten acres of
eelgrass beds by providing targeted education to prevent recreational
boaters from anchoring in the eelgrass area. The MRC will deploy buoys
delineating the area during boating season; update existing materials and
conduct outreach at the 2014 Wooden Boat Festival, yacht clubs and
other organizations; monitor for compliance at the Wooden Boat Festival
and apply for a permit to modify the marker buoy system.
Outcomes:
a. Ten acres of eelgrass beds will be protected from damage due to boat anchors.
b. Project outreach will inform 6,500 people (500 direct and 6,000 indirect) of the
program and the problem of damage to eelgrass habitat from boat anchors.
Deliverables (one hard copy and one electronic copy of each):
1. Progress report (update on all tasks) - due quarterly: October 11, 2013,
January 10, April 11, July 11 and September 15, 2014
2. Copies of outreach materials due September 15, 2014.
3. Summary report of eelgrass protection zone (including number of volunteers
hours contributed, list of presentations made and estimated number of people
reached, jpg image of boater signage) — due semi - annually, January 10, 2014
and September 15, 2014
Page 4 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
TASK 4: Fort Townsend Shoreline Restoration Feasibility Assessment/Design
The MRC will partner with the Northwest Straits Foundation and
Washington State Parks to complete a feasibility assessment for the
removal and /or redesign of approximately 1,400 cubic yards of fill and
large rip rap from a bluff- backed beach and adjacent intertidal area, with
approximately 9,000 square feet of nearshore habitat at Fort Townsend
State Park in Jefferson County. Design and permit application
components are being funded by other sources.
The feasibility assessment will include a full site assessment with
emphasis on the geomorphic processes and how best to restore them, a
range of design alternatives and a preferred conceptual design.
Outcomes: Restoration project feasibility completed in preparation for final design, permitting
and construction phases.
Deliverables (one hard copy and one electronic copy of each):
1. Progress report (update on all tasks) - due quarterly: October 11, 2013,
January 10, April 11, July 11 and September 15, 2014
2. Feasibility Assessment Report —due July 11, 2014
TASK 5: Phytoremediation
5.1: The MRC will design and install interpretive signage for an existing Port of
Port Townsend rain garden adjacent to the Port facility. The site has high
public visibility and access, and signage will describe all the features of
the project area that reduce the pollutants in stormwater runoff and will
include the MRC logo as a project partner. A comment card box will be
placed at the signage site to track responses to the project.
5.2 The MRC will develop designs to enhance an existing swale
(approximately 3,200 square feet) on City of Port Townsend property to
improve filtering capacity for stormwater runoff and reduce the volume of
runoff draining from the adjacent paved park- and -ride facility. The MRC
will consult with phytoremediation experts to incorporate elements into the
enhanced bioswale design. Project tasks include research, design,
construction cost estimates, maintenance and monitoring plan, one public
meeting, and submitting permit applications.
Outcomes:
• Interpretive sign will increase awareness of stormwater runoff issues and strategies used
at the Port of Port Townsend rain garden site.
• Bioswale Project will be "shovel- ready" for implementation. Once completed, stormwater
runoff will be reduced and filtered by an improved bioswale area.
• Public meeting explaining bioswale project will increase awareness of stormwater runoff
issues and possible solutions, as measured by post- meeting evaluation.
Page 5 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
Deliverables (one hard copy and one electronic copy of each):
1. Progress report (update on all tasks) -due quarterly: October 11, 2013,
January 10, April 11, July 11 and September 15, 2014
2. Interpretive signage summary report (including photos of signage (installed
by June 30, 2013) and evaluation of effectiveness) — due September 15,
2014
3. Enhanced biosvale report (including copies of permits, project design, and
monitoring and maintenance plan, - due July 11, 2014
TASK 6: Olympia Oyster Habitat Restoration
The MRC will enhance habitat for native Olympia oysters in a priority
rebuilding site in Discovery Bay by placing cultch material for larval oyster
settlement. In partnership with the Washington Department of Fish and
Wildlife (WDFW) and the Puget Sound Restoration Fund, the MRC will
select a project site, prepare and submit project permit applications,
recruit and train volunteers to spread cutch material, and monitor the site
using existing WDFW protocols.
Outcomes:
• Existing Olympia oyster population site will have one -half acre of enhanced habitat
suitable for population growth.
Deliverables (one hard copy and one electronic copy of each):
1. Progress report (update on all tasks) - due quarterly: October 11, 2013,
January 10, April 11, July 11 and September 15, 2014
2. Olympia oyster project report (including copes of permits, list of volunteers
and any training materials, number of bags of cultch placed and estimated
area covered, copy of monitoring protocols used, jpg photos of project site,
copies of any outreach materials or articles published) — due July 11, 2014
Deliverables
All products, reports, and payment requests shall be sent to the attention of:
Sasha Horst
Northwest Straits Commission/Dept of Ecology
10441 Bayview- Edison Road
Mount Vernon WA 98273
The Recipient shall submit one hard copy and one electronic copy of each Progress Report
and one copy of each Payment Request as defined in the Special Terms and Conditions
section of this agreement and one hard copy and one electronic copy of each deliverable
as defined in the Scope of Work.
All deliverables (reports, maps, etc.) are to include acknowledgement of the Puget
Sound Partnership on the front cover (see Special Terms and Conditions of this
agreement).
Page 6 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
Budget
Budget Conditions
Project Administration: For the administration of this agreement the Recipient must
follow the current edition of the Administrative Requirements for Recipients of Ecology
Grants and Loans (Yellow Book). These documents are available at Ecology's
websites:
Forms - http:// www .ecy.wa.gov /biblio/9118A.html
Yellow Book - http: / /www.ecV.wa.gov /biblio /9118.html
2. Invoicing:
• Expenditures will be monitored by the Ecology Fiscal Office for compliance with
the PROJECT LEVEL BUDGET (listed below).
• The RECIPIENT must submit complete backup documents with each
invoice including but not limited to all time sheets signed and dated by
employee and supervisor; and all invoiced costs including travel and light
refreshments. The RECIPIENT must maintain these expenses in grant files
according to budget task for a period of three years after project completion and
make them available at any time for inspection by the DEPARTMENT.
• Budget deviations from the line -item EXPENDITURE budget (listed below)
are allowed, but in no circumstances may the Recipient exceed the total project
cost. If deviations exceed 10 percent within anytask, the Ecology Project
Officer may require a written budget redistribution
• When submitting invoices to Ecology, the Recipient must itemize all costs by
task and provide subtotals by task on Ecology's Form C2, Voucher Support
Form. All payment requests must have forms A, B, C (and D if applicable).
NOTE: For payment requests, the RECIPIENT must use the Ecology forms
contained in the Yellow Book. Otherwise, we will return requests to the
RECIPIENT for submittal on the correct forms.
• All payment requests must be accompanied by a commensurate progress
report, and receive Ecology Project Officer approval before payment can be
released.
• Requests for reimbursement must be submitted at least semi - annually but
not more than once per month by the RECIPIENT on state invoice voucher
forms.
• If indirect is an allowable cost as documented in the budget matrix below, the
indirect rate must not exceed 25 percent of direct (staff) labor and benefit costs.
If allowed, the use of indirect must be reported on a separate line item on the
C2 invoicing form. The indirect rate covers space utilities, miscellaneous
copying, telephone, motor pool, janitorial services, records storage, rental,
county fiscal and legal services, etc. Items not included in this list must be
reported with the first payment request and must remain consistent for the life
of the grant.
Page 7 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
The rate for in-kind (voluntary services) is valued at $15.00 /individual /hour.
See the Administrative Requirements for Recipients of Ecology Grants and
Loans 1 for the "Valuation of Donated Property or Services."
All travel costs shall not exceed State travel rates:
htti)://www.ofm.wa.gov/resources/travel.asr)
• If light refreshments are deemed appropriate, a Light Refreshments Approval
Form — Grants will be requested and approved by Ecology /s Program Manager
prior to the event, an agenda of the event, and a roster of attendees will be
submitted as part of the payment request.
Final payment of grant projects is contingent on receipt of viable work products as
listed in the grant document.
3. Expenditure Budget: (for Recipient reporting and Ecology tracking purposes):
Maximum Eligible Project Cost: $74.92 0
Maximum State Grant Share: $74,92 0
Estimated Local Share:
4. Estimated budget (for information only):
balance of page left blank intentionally
Page 8 of 24
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0 erations /Administration
$12,100
$3,025
$10,625
$3,300
$750
$29,800
2
Education & Outreach
$5,255
$1,314
$4,415
$1,200
$800
$12,984
3
Port Townsend Voluntary MPA
$650
$163
$4,880
$200
$1,150
$7,043
4
Fort Townsend Restoration
$650
$163
$16,280
$0
$0
$17,093
5
Ph oremediation
$1,700
$425
$600
$0
$900
$3.625
6
Olympia oyster restoration
$300
$75
$0
$0
$4,000
$4,375
TOTAL
$20,655
$5,165
$36,800,
$4,700
$7,600
$74,920
balance of page left blank intentionally
Page 8 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
Special Terms & Conditions
A. Management Provisions
Identification of Project Materials - All reports, maps, and other documents
produced as part of this grant agreement shall carry the name of the Recipient,
ECOLOGY's grant number (in the upper right hand corner), title, the speck task
number of the product and date centered on the front cover or title page (or in the
case of maps, the block which contains the name of the Government unit or
Department) and acknowledgment of the source of funding as follows:
Materials produced under this Agreement must display the Puget Sound
Partnership logo and the following credit line: 'This project has been funded
wholly or in part by the United States Environmental Protection Agency. 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."
3. Format for Publications and Brochures: Any (hard copy) publications or
brochures required as a product of this agreement shall conform to minimum
standards of size, 8 -1/2" x 11 "white, recycled paper equivalent in weight to 20 lb.
bond, single spaced, printed both sides, no less than 1" margins. Photos, il-
lustrations, and graphs must be of reproducible quality. Any publications or
brochures intended for public distribution shall comply with graphic requirements
as specified in ECOLOGY's "Publications Handbook ", publication number 91 -41
and any additional specifications as may be outlined in the Scope of Work.
4. Submittal of Project Materials / Deliverables: A disk containing copies of all
digital deliverables compatiblewith Microsoft Word and ECOLOGY's GIS
Standards will be accepted and contain the following project completion materials:
• Progress reports: O E -mail on the NW Straits Progress Report Form
(available electronically): to ECOLOGY's Project
Officer and Grant Coordinator by date due in scope
of work;
® Copy included on Project Completion CD
• Report and Map Deliverables: Digital on Compact Disk
• Final Completion Report — (for contents, see paragraph 5 below) Digital on
Compact Disk
• Payment Requests — only hard copy invoices on ECOLOGY's forms with
original signatures in blue ink will be accepted at this time.
5. Project Completion Requirements: On completion of the project, the Recipient's
Project Coordinator shall submit the following information and materials to
ECOLOGY:
a. Digital Project Completion Report: The purpose of this report is to
document that the project and each of its tasks has been completed.
The project completion report contains the following documents:
Page 9 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
(1) Digital Copy of all Semi - Annual Progress Reports by date.
(2) Digital Summary Account - a brief summary (approximately 200-
300 words) of the work accomplished under the /grant with re-
spect to each of the surveys, studies, plans, and other planning
activities listed in the grant or any amendments to that grant.
(3) Digital Reports, Maps, Plans, Exhibits, etc. - The Completion
Report must include a list of all reports, maps, plans, and other
documents prepared under this grant.
For each digital report, map, plan, or other document included, identify the
project title, task title, the grant number, the municipality or county, and date
prepared per paragraph 2 above "Identification of Project Materials ".
6. Semi - annual Progress Reporting: Semi - annual reporting requirements begin
on the effective date of the agreement. Reports cover the following periods:
0 3z 01 *`r
Semi - Annual Report
September- February
March 30, 2014
Semi - Annual Report
March - August, 2014
September 30, 2014
For timely preparation and review, semi - annual reports need to convey essential
information in a simple, concise manner through the use of bulleted summary
statements, lists, and tables and include the following:
a. A comparison of actual accomplishments by task to the objectives
established for the reporting period.
b. List deliverables due to ECOLOGY by date of this progress report and
their status.
C. Status of project schedule.
d. Financial and funds disbursement status.
e. Personnel changes.
f. Any difficulties encountered during the reporting period.
7. Responsibilities of the Project Coordinator: The Recipienfs Project
Coordinator shall be responsible for the procedural obligations under this
agreement in addition to his/her duty to coordinate the planning effort hereunder.
He /She shall cooperate with all parties concerned in every way possible to
promote successful completion of the services described in the Scope of Work.
8. Maintenance of Records: All required records shall be maintained until a fed-
eral audit is completed and all questions arising therefrom are resolved, or three
(3) years after completion of a project, whichever is sooner.
9. Refund of Payment: If, through any cause, the Environmental Protection
Agency (EPA) disallows reimbursement to ECOLOGY for failure to fulfill the grant
or stipulations of this grant, the Recipient will reimburse ECOLOGY to propor-
tionate amount of the federal share of the total grant funds paid by ECOLOGY to
the Recipient through this grant, or that portion thereof constituting EPA reim-
bursement of state grant funding under the terms of this grant.
10. Federal Circular Compliance: As a subrecipient of federal funds, the Recipient
must comply with the following federal regulations:
Page 10 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
OMB Circular A -133, Audits of States, Local Governments, and Non- Profit
Organization
OMB Circular A -133, Compliance Supplement
OMB Circular A -87, Cost Principles for State, Local and Indian Tribal
Governments
OMB Circular A -102, Uniform Administrative Requirements
These federal regulations can be found at:
http://www.whitehouse.gov/omb/circulars/
11. Federal Funding Accountability And Transparency Act IFFATAI Reporting
Requirements:
In order to comply with the FFATA, the recipient must complete the FFATA Data
Collection Form and return it to ECOLOGY. ECOLOGY will report basic
agreement information, including the required DUNS number, for all federally -
funded agreements at www.fsrs.gov. This information will be made available to
the public at www.usaspending.gov. Recipients who do not have a DUNS
number can find guidance at www.grants.gov. Please note that Ecology will not
pay any invoices until it has received the completed FFATA Data Collection
Form.
Any recipient that meets each of the criteria below must also report
compensation for its five top executives, using Ecology's Federal Funding
Accountability and Transparency Act (FFATA) Data Collection Form.
• Receives more than $25,000 in federal funds under this award; and
• Receives more than 80 percent of its annual gross revenues from federal
funds; and
• Receives more than $25,000,000 in annual federal funds.
See www.fsrs.gov for details of this requirement. If your organization falls into
this category, you must report the required information to Ecology.
12. Government Debarment and Suspension: This agreement is subject to
Federal Executive Orders 12549, 12689 and 15 CFR Part 26, Debarment and
Suspension and Requirements for a Drug -free Workplace:.
CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY
OR VOLUNTARY EXCLUSION:
a. The RECIPIENT /CONTRACTOR, by signing this agreement, certifies that it is
not suspended, debarred, proposed for debarment, declared ineligible or
otherwise excluded from contracting with the federal government, or from
receiving contracts paid for with federal funds. If the
RECIPIENT /CONTRACTOR is unable to certify to the statements contained
in the certification, they must provide an explanation as to why they cannot.
b. The RECIPIENT /CONTRACTOR shall provide immediate written notice to
the Department if at any time the RECIPIENT /CONTRACTOR learns that its
certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
Page 11 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
c. The terms covered transaction, debarred, suspended, ineligible, lower tier
covered transaction, participant, person, primary covered transaction,
principal, proposal, and voluntarily excluded, as used in this clause, have the
meaning set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the department for
assistance in obtaining a copy of those regulations.
d. The RECIPIENT /CONTRACTOR agrees it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for debarment
under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction.
e. The RECIPIENT /CONTRACTOR further agrees by signing this agreement,
that it will include this clause titled "CERTIFICATION REGARDING
SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION" without modification in all lowertier covered transactions and in
all solicitations for lower tier covered transactions.
f. Pursuant to 2CFR180.330, the RECIPIENT /CONTRACTOR is responsible for
ensuring that any lower tier covered transaction complies with certification of
suspension and debarment requirements.
g. RECIPIENT /CONTRACTOR acknowledges that failing to disclose the
information required in the Code of Federal Regulations may result in the
delay or negation of this funding agreement, or pursuance of legal remedies,
including suspension and debarment.
h. The RECIPIENT agrees to keep proof in its agreement file, that it, and all
lower tier recipients or contractors, are not suspended or debarred, and will
make this proof available to ECOLOGY before requests for reimbursements
will be approvedfor payment. The RECIPIENT must run a search in
www.sam.00v and print a copy of completed searches to document proof of
compliance.
13. Officials Not to Benefit: No member of or delegate to the Congress of the
United States, or resident Commissioner, shall be admitted to any share or part
of this grant or to any benefit that may arise therefrom.
B. Ecology Provisions
Administrative Guidelines: The Recipient shall comply with ECOLOGY's
current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans ", ( "Yellow Book ") publication number 91 -18. The Recipient shall be re-
sponsible for maintaining appropriate financial records throughout the life of the
project and in accordance with these guidelines.
2. Amendments and Modifications
This Agreement may be altered, amended, or waived only by a written
amendment executed by both parties. No subsequent modification(s) or
amendment(s) of this Agreement will be of any force or effect unless in writing
Page 12 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
and signed by authorized representatives of both parties. ECOLOGY and the
RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3. Environmental Standards
a. RECIPIENTS who collect environmental- monitoring data must provide
these data to ECOLOGY using the Environmental Information Management
System (EIM). To satisfy this requirement these data must be successfully
loaded into EIM, see instructions on the EIM website at:
http: / /www.ecy.wa.gov /eim.
b. RECIPIENTS are required to follow ECOLOGY's data standards when
Geographic Information System (GIS) data are collected and processed.
More information and requirements are available at:
http: / /wv4w.ecy.wa. gov /services/g is /data/sta ndards /standards. htm.
RECIPIENTS shall provide copies to ECOLOGY of all final GIS data layers,
imagery, related tables, raw data collection files, map products, and all
metadata and project documentation.
C. RECIPIENTS must prepare a Quality Assurance Project Plan (QAPP) when
a project involves the collection of environmental measurement data.
QAPP is to ensure the consistent application of quality assurance principles
to the planning and execution of all activities involved in generating data.
RECIPIENTS must follow ECOLOGY's Guidelines for Preparing Quality
Assurance Project Plans for Environmental Studies, July 2004 (Ecology
Publication No. 04 -03 -030). ECOLOGY shall review and approve the
QAPP prior to start of work. The size, cost, and complexity of the QAPP
should be in proportion to the magnitude of the sampling effort.
4. Reimbursement Grants are awarded on a reimbursable basis. The Recipient
initially pays project costs in full. Upon presentation of a billing to ECOLOGY,
ECOLOGY's share of the project is reimbursed to the Recipient.
pvn= yinacc r °rck e =
�� d Promotional Materials ' <111(r M101 ttf 26 h;�'fo'tt;;gF
- `RCTP s a robtain ECOLOGY's approval for all communication materials or
documents related to the fulfillment of this Agreement,, steps for approval:
ybkoAq V* f0JaVWqa&1Ppft copy to ECOLOGY for review and'approval ten (10)''`
business days prior to production and distribution of any documents or
materials compiled or produced.
b) ECOLOGY reviews draft copy and reserves the right to require changes
until satisfied.
c) Provide ECOLOGY two (2) final copies and an electronic copy of any
tangible products developed.
Copies include any printed materials, and all tangible products developed such
as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum,
posters, media announcements, or gadgets, such as a refrigerator magnet with a
message as well as media announcements, and any other online communication
products such as Web pages, blogs, and Twitter campaigns. If it is not practical
to provide a copy, then the RECIPIENT must provide a complete description
including photographs, drawings, or printouts of the product that best represents
the item.
Page 13 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
RECIPIENT shall include time in their project timeline for ECOLOGY's review
and approval process.
RECIPIENT shall acknowledge in the materials or documents that funding was
provided by ECOLOGY.
6. All Writings Contained Herein: This agreement, the appended "General Terms
and Conditions ", and ECOLOGY'S current edition of "Administrative
Requirements for Recipients of Ecology Grants and Loans ", contains the entire
understanding between the parties, and there are no other understandings or
representations except those set forth or incorporated by reference herein. No
subsequent modification(s) or amendment(s) of this agreement shall be of any
force or effect unless in writing, signed by authorized representatives of the
Recipient and ECOLOGY, and made a part of this agreement.
IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement
State of Washington
Department of Ecology
Gordon White Date
Program Manager
Shorelands and Environmental
Assistance Program
Approved as to form only by
the Assistant Attorney General
�1fOVCd W fOrM O Y
Jefferson Co. Prosccu s Office
David Alvarez, Chic ivil DPA
Page 14 of 24
Jefferson County
Authorized Official Date
Printed name of authorized official
Title of authorized official
Vda I!A!3`J?!!1D `HIV PiAet7
Aa ul7-W iku 0192
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
EXHIBIT A: General Terms And Conditions
Pertaining to Grant and Loan Agreements of the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant1loan 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. SUBGRANTEE/CONTRACTOR 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
1. 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 DEPARTMENT 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 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.
Page 15 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
H. AUDITS AND INSPECTIONS
1. 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.
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 -133 (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.
I. 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 1 through March 31, April 1 through June 30,
July 1 through September 30, and October 1 through December 31. Reports shall be due within
thirty (30) days following the end of the quarter being reported.
J. COMPENSATION
1. 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.
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Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
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 shal be
refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem 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
1. 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 there under and/or terminate this agreement by giving written notice of
termination.
A written notice of termination shat 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 damages sustained by the DEPARTMENT 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
DEPARTMENT 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.1 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
Page 17 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
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 O herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the
project funded herein within four months after the effective date of this agreement, or by any
date 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
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
the 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.
3. 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 land/or 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 attorneys opinions establishing that the land is free from any
impediment, lien, or claim which would impair the uses contemplated by this
agreement.
6. 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
Page 18 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
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 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 sustainaby produced products (e.g.,
recycled paper). For more information, see http:// www.ecy.wa.gov /sustainability /.
O. 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 eventthe 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 the
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 DEPARTMENT'S 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 sul�ect 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.
Q. 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
Page 19 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
participate in any decision which affects his/her personal interest or the interest of any
corporation, partnership or association in 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 DEPARTMENT shall 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 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 from the negligent act or omission of that party or that
parry'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.
W. SUSPENSION
The obligation of the DEPARTMENT to make payments is contingent on the availability of
funds. In the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date and prior to completion or expiration date of this
agreement, the DEPARTMENT may elect to renegotiate the agreement subject to new funding
limitations and conditions or terminate the agreement, in whole or part. The DEPARTMENT
may also elect to suspend performance of the agreement until such time as the DEPARTMENT
determines that the funding insufficiency is resolved in lieu of terminating the agreement. The
DEPARTMENT will provide written notice to RECIPIENT if funding is not available.
SS -010 Rev. 04/04
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Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
EXHIBIT B -
FEDERAL REQUIREMENTS
COST PRINCIPLES/INDIRECT COSTS FOR STATE AGENCIES
GRANT RECIPIENT agrees to comply with the cost principles of the below listed federal
regulations, to the extent they apply to the RECIPIENT.
• 2 CFR 225 (A -87) for State, Local, and Indian Tribal Governments
• 2 CFR 220 (A -21) for Educational Institutions
• 2 CFR Part 230 (A -122) for Non - Profit Organizations
An electronic copy of all the circulars and applicable CFR's may be obtained via the OMB Home
Web page at: http: / /www.gpoaccess.gov /cfr/
Unless otherwise indicated, the cost principles apply to the use of funds provided under this
agreement and in -kind matching donations. The applicability of the cost principles depends on
the type of organization incurring the costs.
AUDIT REQUIREMENTS
In accordance with OMB Circular A -133, which implements the Single Audit Act, the recipient
hereby agrees to obtain a single audit from an independent auditor, if it expends $500,000 or
more in total Federal funds in any fiscal year. Within nine months after the end of a recipient's
fiscal year or 30 days after receiving the report from the auditor, the recipient shall submit the
SF -SAC and a Single Audit Report Package. The recipient MUST submit the SF -SAC and a
Single Audit Report Package, using the Federal Audit Clearinghouse's Internet Data Entry
System.
For complete information on how to accomplish the single audit submissions, you will need to
visit the Federal Audi Clearinghouse Web site: http: / /harvester.census.gov /facl.
A copy of OBM Circular A -133 can be obtained at:
http:// www. whitehouse .gov /sites/defauf/fiileslomb /assets /a 133 /a 133_revised_2007. pdf.
CREDIT AND ACKNOWLEDGEMENT
Materials produced under EPA funded Agreements must display both the EPA and Puget
Sound Partnership logos and the following credit line: 'This project has been funded wholly or in
part by the United States Environmental Protection Agency. 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." This requirement is for the life of the product, whether during or after the Agreement
period.
HOTEL MOTEL FIRE SAFETY ACT
Grant Recipient agrees to ensure that all conference, meeting, convention, or training space
funded in whole or part with federal funds, complies with the federal Hotel and Motel Fire Safety
Act of 1990. Recipients may search the Hotel -Motel List @
http: / /Www.usfa.dhs.gov /applications/hotel to see if a property is in compliance or to find other
information about the Act.
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.
Page 21 of 24
Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
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 Tile 40 CFR 36.510.
Recipients can access the Code of Federal Regulations (CFR) Title 40 Part 36 at
hftp://www.access.gpo.gov/nara/Cfrtwaisidx-06/40cfr36-06.html
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 the expenses added
to direct costs in order to accumulate and reserve funds for ongoing business expenses,
unforeseen liabilities or for other similar costs which are not allowable. Management fees or
similar charges may not be used to improve or expand the project funded under this agreement,
except for the extent authorized as a direct cost of carrying out the scope of work.
TRAFFICKING IN PERSONS AND TRAFFICKING VICTIM PROTECTION ACT OF 2000
(TVPA)
If the recipient of this grant is a private entity, you must notify us immediately if you receive
information that your employees, subcontractors under this award, and subcontractor's
employees engage in severe forms of trafficking in persons during the period of time that this
award is in effect; procure a commercial sex act during the time that the award is in effect; or
use forced labor in the performance of the award or subawards under the award.
LOBBYING
Sub - Recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. Sub -
Recipient shall include the language of this provision in award documents for all sub - awards
exceeding $100,000, and require that sub - awardees 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
expenditure.
All contracts awarded by Sub - Recipient shall contain, when applicable, the anti - lobbying
provisions as stipulated in the Appendix at Title 40 CFR Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act, Sub - Recipient affirms that it is not a non-
profit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that
it is a non - profit 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.
REIMBURSEMENT LIMITATION
If the GRANT RECIPIENT expends more than the amount of ECOLOGY funding in this
agreement in anticipation of receiving additional funds from ECOLOGY, it does so at its own
risk. ECOLOGY is not legally obligated to reimburse the RECIPIENT for costs incurred in
excess of the ECOLOGY approved budget.
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Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
GRANT RECIPIENT agrees to comply with the requirements of EPA's Utilization of Small,
Minority and Women's Business Enterprises in procurements made under this award.
MINORITY AND WOMEN'S BUSINESS PARTICIPATION
RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority
owned (MBE) and women owned (WEE) businesses in purchases and contracts initiated after
the effective date of this Agreement. These goals are expressed as a percentage of the total
dollars available for the purchase or Agreement and are as follows:
Purchased Goods 8% MBE 4% WBE
Purchased Services 10% MBE 4% WBE
Professional Services 10% MBE 4% WBE
Meeting these goals is voluntary and no Agreement award or rejection shall be made based on
achievement or non - achievement of the goals. Achievement of the goals is encouraged,
however, and RECIPIENT and ALL prospective bidders or persons submitting qualifications
shall take the following affirmative steps in any procurement initiated after the effective date of
this Agreement:
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's business 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.
MBENYBE REPORTING
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 MBE/WBEs are counted towards a
recipient's MBE/WBE Accomplishments. The reports must be submitted annually for the period
ending September 30th for:
40 CFR Part 30 (Non - Profits and Institutions of Higher Education)
40 CFR Part 35 (Subpart A and Subpart B Recipients)
The reports are due within 15 days of the end of the annual reporting period (October 15th).
Reports should be sent to the ECOLOGY Fiscal Office, PO Box 47600, Olympia, WA 98504.
EPA Form 5700 -52A may be obtained at: http: //www.epa.gov /osbp /pdfs /5700_52a.pdf
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
RECIPIENTS also comply. Records documenting compliance with the six good faith efforts shall
be retained:
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Grant Agreement No. G1400326
between the Washington State Department of Ecology and
WSU Jefferson County Extension
Project: Jefferson MRC Operations and Projects
(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 whetherfirms 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 smallertasks or quantities to
permit maximum participation by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when an Agreement 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 RECIPIENT awards subcontracts, require the prime RECIPIENT to take the
steps in paragraphs (a) through (e) of this section.
LOBBYING AND LITIGATION
By signing this agreement, GRANT RECIPIENT certifies that none of the funds received from
this agreement shall be used to engage in the lobbying of the Federal Government or in
litigation against the United States unless authorized under existing law.
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.
For subawards exceeding $100,000, ECOLOGY requires the following certification and
disclosure forms:
Certification Regarding Lobbying, EPA Form 6600 -06:
http://www.epa.gov/ogd/AppKiVfom-dLobbying_sec.pdf
Disclosure of Lobbying Activities, SF LLL: hftp: / /www. epa. gov /ogd /AppKit/form /sflIlin_sec.pdf
Legal expenses required in the administration of Federal programs are allowable. Legal
expenses for prosecution of claims against the Federal Government are unallowable. Exhibit B
Federal Requirements
PAYMENT TO CONSULTANTS
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 per day, or $74.50 per hour. 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 the responsibility for the selection, direction, and control of the individuals who
will be providing the services under the contract at an hourly or daily rate of compensation. See
40 CFR 30.27(b) or 40 CFR 31.36
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