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Home My WebLink About040714_ca10JEFFERSON CouN,rYPUBLic ALI ' "H Consent Agenda 615 Sheridan Street to Port Townsend o WasNirigton o 98368 www.jeffers,on:coui�'itypub�ichea�t�-i iorg February 27, 2014 I 14 1 oil :1 i oil 01613 6.1A NX41 I L ■ - Ij :X111] TO: Board of County Commissioners Philip Morley, Counilty Administrator FROM: Jared Keefer, Environmental Health Director Michael Dawson, Waiter Quality Lead FOIA" SUBJECT: Agenda Item — Agency Agreement — Department of Ecology for Hood Canal Clean Streams Initiative, #G1400530; January 1, 2014 — December 31, 2016; $267,196 STATEMENT OF ISSUE: Jefferson County Public Health, Water Quality Division, is requesting Board approval of the Agency Agreement — Department of Ecology for Hood Canal Clean Streams Initiative, #G1400530; January 1, 2014 — 'December 31, 2016; $267,196 ANALYSIS,/ STRATEGIC GQALS/PROS and CONS, This project will help Jefferson County achieve Clean Water District goals to assess, prioritize, and work to remove water bodies listed by the Environmental Protection Agency (EPA 303d List) as impaired by pollutants. Jefferson County Public Health will work to assess and correct pollution sources on streams listed as impaired on the 303d List in the Quilcene area where the largest concentration of listed water bodies in Jefferson County exists. 2.5 miles of riparian buffer vegetation will Ibe installed to protect surface water quality from non-point source runoff. Water quality monitoring will insure that highs- quality data will be available to support future de-listing of the streams. FISCAL IMPACT COST BENEFITANALYSIS: The Department of Ecology will fund 75% of this contract in the amount of $200,397. A 25% match is required ($66,799), which will be met through Clean Water District funds. This will leverage Clean Water District funds at a 3 to I ratio, allowing a much greater project scope. C01i Y HEALTH E.NM RON M IF N rAL HEA0 H DIEVU OPMENTAL DIISA1311[fillES PUBLIC HEALTH WATE R QUAL ITY MA11W (3610) 385,9400 ALWAYS WORKING I A SAFIER AND MiAft (360) 385 9444 FAX: (360) 385 9401 HEALTHIER COMMUNITY FAA (360) 379-4487 RECOMMENDATION: JCPH management requests approval of the Agency Agreement — Department of Ecology for Heed Canal Clean Streams Initiative, #G1400530, January 1, 2014 December 31, 2016; $267,196 REVIEWED Y: Philip Morle C tyAd� jstraibr Gate (Routed to all Public Health Managers) DEPARTMENT OF mm ECOLOGY State of Washington CENTENNAT CLEAN WATER PROGRAM (CENTENNIAL) GRANT FDNDNG AGREEMENT BETWEEN THE STATE OT WASMWGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNW POBLIC HEALTH GRANT AGREEMENE NUMBER G1400530 TABLE OF CON=S PART I. GENERAL NFORMAUON .............. ....... : ...... .................... ........ ................................. I PARTB. PROJECT SUMMARY. ..... ... .... ..... .... ................................................................. 2 PARTBI. PRO.JECTBUDGET .............. ..................... ..............................3 PARTN. PROJECTGOALSAND OUTCOMES ................................................... ................... 3 PARTV. SCOPEOF WORK ......................................................................... ..............................4 PART V(A). SPECIAL. TERMS AND CONDITIONS ......... .......................... ..............................7 PART VI. ALL WRITNGS CONTANED EfEREN ............. _........... ..... ...... .......... ....... ......... .... 7 ATTACIIMENTL GENERAL PROJECT MANAGEMENT REQUJREMENTS .....................8 E EL= Ic PROCURe mevr....._. .......................__...............__......._..__..:..................................................................... ... ......... 13 PROGRESSRENRIS......................___.................................. ....................__................. ................................ .......... 13 REOOwEOCCCIm masllWdmA1S ...... .... .......... ........... ....___......... .................................... ...... ___........ ....._..... 14 VOWNTEERTQ^ NARNTATION ............. ................. .. ....... ............................................. ...... ___........ ............ 14 XrTACHMENT 11. GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT r��^`^��/^~�� u^�^r`^��^ AND LOAN �� ~ ................ ~ .............. 16 A, RECIPIENT ........................ B. SJ ~~~~^~~~~~~^`^~~^~^O~~^~P~~~`^~------------------------------.\8 C�8I��BI� . ~E^`~,^~^�.. .... _____............................... ................ _ ......... ___ ....... ........... ... I6 Q.CCmCRACTDNQ FOR SERVICES R9IDDING)_ .... .-_........... ......... - ...... ...... ---- ...... -----...... I6 EE ��8KT�� . ---------------------------'---------------------16 F. �I��A�� ~~~~�°~^`^~ ......... ------.................... ........ ........... ----...... - ........ ............ .l6 b. KICKBACKS ......................... --~~~'-^^~^^^^^^^-- ....... - ...... -- ...... ---^~^--^^`~--~---`'--_....I7 K��D��D��8P��TI0�S ' '''''--''''--'''''- ...................... '''' ........ ----- ....... '....... ........... ........... - ... 17 1 ��O&��C�D��0B7I�� ' ''''''''-''-''-''''-''''''--''--.'..-''--..'-'--....-'''-'...'''''''----.._--.17 J COMPENSATION... -------------------------------------------____..1O ~~^~R^~~^~^^'~^`-- ............................................ ----.............. ............ ---......... --.......... -_..... .l8 L\�� ' .............. --- ............. ............................. ''---'''''''-''''''''-.. '-'---''''l0 MM �D�/�B�T�DIQ�T� . ............. .................................... --r-------------- ........ ---_........ l9 N. SUSTAINABLE PR0DDCT8 - ..... .............. .................... ........ ----.......... ......... ---- ....... _........... 28 {} ��UVB�YQ��Y��T8T�}��CI�I�� ' ............................... ........ '''- ....... ..... ... ..... 2U PPROJECT ~,, ...... ..,^.^_^~.^^^,,^.,~_ ...... .................. ---- ...... ^, ....... ^^ ........ ...... .^.--..... '2\ Q.Dl89L�B9 � .,._.....__,.',....,..,^^.~^...^~^^..,,^.,_,_^`..__,.....,_.^_....,,^..._..,2l &.CONTLICTQFFN7I'REST .... ........ ----_....... -............ ......... ----------_---_-----21 S. INDENTNIFICATION ................... ___-_--__--_....... r----------------------_. 1[ GOVERNING LAW. ................ ........... --_---___................... ...... ......... ........ _...... ....... _ U.SEVEBABQLITY _ ..... ^.,,,,^^^_,_............................. ^.............. `... __..,^` ......... ......... ...... ....... ...... 23 v. PRECEDENCE ...-_-.^....__...... ............................. ~^ ............ -^-^---'---^^`^-.^_-..-.....-.2� ii CENTENNIAL CLEAN WATER PROGRAM (CENTENNIAL) FUNI)ING AGREEMENT BETWEEN THE STATE OF WASI-IINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC HEALTH .PHIS is a binding agreement between the state of Washington Department of Ecology (DEPAWFMEN'r) and Jefferson County Public Health (RECIPIENT). The purpose of this agreement is to provide funds to the ItECIPIENT, who will carry out the requirements described in this agreement. PART 1. GENERAL INFORMATION Project Title: Grant Number: State Fiscal Year: Total Project Cost: Total Eligible Cost: DEPARTMENT Share: u �uPIENT Share, DEPARTMENT Maximum Percentage Effective Date: Expiration Date: tvv vi P1 P.NT information RECIPIEN'r Name, Mailing Address: Phone Number: Fax Number: Federal Taxpayer 11) Number: Data Universal Numbering System (DUNS) Number: PROJEC,r Manager: Email Address: Phone Number: Hood Canal Clean Streams Initiative G1400530 2014 $267,196 $267,196 $200,397 $66,799 75% January 1, 2014 December 31, 2016 Jefferson County Public Health 615 Sheridan Street Dort 'Fownsend, WA 98368 (360) 385-9444 (360) 379-4487 91-6001322 184826790 Michael Dawson mdawsongcojefferson.wa.us (360) 344-9444 Ext. 301 PROJECT Financial Officer-, Email Address: f2ff=M=1= DEPARTMENT Contact Information Project Manager: Veronica Shaw veronica( ci,)cojefferson-wa.us (360) 384-9409 Tammy Riddell Email Address: tammy.riddel1@ ,ccy.wa.gov Phone Number: (360) 407-6295 Fax Number: (360) 407-6305 Address: WA State Department of Ecology Southwest Regional Office P.O. Box 47775 Olympia, WA 98504-7775 Financial Manager: Email Address: Phone Number: Lori Gregg lori.gregg,@ecy,wa.gov (360) 407-6541 Fax Number-. (360) 407-7151 Address: WA State Department of Ecology Water Quality Program, FMS P.O. Box 47600 Olympia, WA 98504-7600 CHECK ALL THA'r APPIN: • Section 319 Funds: (Catalog of Federal Domestic Assistance No, 66.460) F-1 Yes Amount- Z No' Centennial Funds (state funds): M Yes Amount: S200,397 SE] No • If Yes, will this project be used to match Section 319 funds? F-1 Yes Z No 0 Increased Oversight: El Yes 2 No PART IL PROJECT SUMMARY 'rhe Hood Canal Clean Streams Initiative Project will address impaired waterbodies with the highest concentration of streams exceeding temperature standards in Jcfferson County that drain into Hood Canal. 'I'his pr(Ject will prioritize areas for riparian restoration through water quality monitoring and implement restoration plantings on 2.5 river miles. I PART Ill. PROJECT BUDGET Hood Canal Clean Streams Initiative TOTAL TOTAL PROJECT ELIGIBLE TASKS COST COST (TEC) TASKS 1 Pr ment $38,750 $38,,750 -.-Project Administration/Manage I o _ 2 W ter Analysis $126,611 $126,611 Water Quality Sampling and riparian R Cstor '10 a n $85,26 2" 4 -- Public outreach and Education $16,575 $16,575 "I'otal 1 $267,196 1 $267,196 The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost. MATCHING REQUIREME NTS DEPARTMENTShare: maximum 75% of TEC $200,397 $66,799 0 ('IP 1,41 minimum um Z 00 Share: minimum 25% of TEC CIPI � re. Im RE , IENT Sha PART IV. PROJECT GOALS AND OUTCOMES y p-q.,itil A"kl'ATICe Water alit Project Goals: One or more of the selected fiol [owing goals applY to this Project- EJ Severe Public Health Hazard Or Public Health Emergency �eliminated. Designated beneficial uses will be restored or protected, 303(d)-Listed water bodies restored to water quality standards, healthy waters prevented from being degraded. E] Regulatory compliance with a consent decree, compliance order, TMDL or waste load allocation, etc., achieved. B. mental Outcomes: The following are the anticipated water quality and environmental improvements from the project. The extent of stream reaches impaired in terns of temperature will be greater understood in the project area. 2. Minimum 35 foot buffer plantings of native trees and shrubs in riparian corridors that will provide shade, enhance habitat and help to filter pollutants in runoff before they enter streams. 1 Fewer reaches of streams in the project area will exceed Washington State water quality standards for temperature, protecting salmonid spawning, and incubation. I C. Performance Items and " I " )e ' liverables: The following are the anticipated action items that will play an integral role in implementation of the project. I . Submittal and Ill PA R'IMENT approval of a Quality Assurance Project Plan (QAPP) that will ensure high quality data is collected and utilized during the proj ect. 2. Completion of two years of monthly stream monitoring and two seasons of summer stream temperature monitoring. 3. Development of a water quality database and a public web-mapping portal. 4. Installation of native trees and shrubs along 2,5 miles of arboo and Leland Creeks and their tributaries meeting DEPARTMENT required 35 foot buffer width. 5. Conduct beginning and ending public informational meetings on the project. 6. Distribute a newsletter on the project findings and results with educational information targeting landowner recommendations for pollution prevention. PART V. SCOPE OF WORK Task I - Project Administration/Managemen (Total Task Cost: $38,750) A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT must manage the project. Efforts will include: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENJ"s designees; the DEPARTmF',NT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT must carry out this project in accordance with any completion dates out] ined in this agreement. C. The RECIPIEN'I'must ensure this project is completed according to the details of this agreement. The REICIPIENTmay elect to use its own forces or it may contract far professional services necessary to perform and complete Project-related work, D. The RECIPIEN'Twill submit to the DEPARTMENTs Project Manager the following documents and in the quantities identified: • Draft project completion report .-- one copy. • Final project completion reports five copies, • Electronic copy of completion report — one copy. 4 The project completion report will contain deliverables (milestones) from each task, a summary page stating the items completed in each task, and a table of contents. The draft completion report will be due 45 days before the project expiration date. Required Performance: I Effective administration and management of this grant project. 2. Timely submittal of all required performance items, progress reports, and financial vouchers, 3. Submittal of draft project completion report to the DEPAR"I'MENT's Project Manager no later than November 15, 2016 (approximately 45 days from expiration date). 4. Submit five hard copies and one electronic copy of the final project report after a draft has been approved by the DEPARTMENT's Pr6ect Manager. Task 2 mater u�rlit .Monitoring and Analysis (Total Task Cost: $126,611) A. The RECIPIENT will submit a Quality Assurance Project Plan (QAPP) to the DEPARTMENT for approval prior to conducting any water quality sampling. The QAPP will outline the quality assurance methods and protocols the RECIPIENT will follow to assure the highest quality data collection and analysis work will occur throughout the project period. B. The RECIPIENT will contract with consultants to develop a water quality database that can integrate with a geographic information system (GIS) and a public web-portal. C. The Rl�cjPIENT will conduct monthly monitoring on area streams over at least two water-years (October through September) during wet season and dry season. Monitoring will include conventionals and fecal coliform. D. The RECIPIENT will conduct continuous temperature monitoring with dataloggers in impaired streams between May 15 and September 31 at least two times. Required Performance: I Submit a draft QAPP to the DEPARTMENT for review and approval by July 3 1, 201.4. 2. Develop a water quality database by November 2014. 3. Complete two water-years of monthly stream monitoring by October 2016. 4. Complete two summers of stream temperature monitoring by October 2016. 5. Submit water quality data annually to the DEPARTMENI'via the EIM database by December 2015 and November 2016. ration (Total Task Cost. $85,260) A. The RECIPIENT will use monitoring results to prioritize areas for future riparian restoration. Areas with stream temperatures exceeding state standards will be categorized into high and medium priority classes based on results. 'This will identify stream reaches in need of additional restoration funding beyond the scope of this project. Prioritized areas will be discussed and listed in a section of the final prqject report. B. llie RECIPIENT will notity all project area. landowners about restoration Opportunities and solicit additional interest and cooperation with restoration goals. C. The RECIPIEN'r will install native trees and shrubs along 2 miles of degraded riparian areas along the rilainstern of, and tributaries to, Tarboo Creek and along 0.5 miles of Leland Creek. The goal is to provide increased shading of the riparian corridor and help to reduce impacts to stream reaches listed as impaired for temperature oil the 303(4) list. Required Performance: 1. Prepare final project report section oil stream temperature results with areas prioritized for future restoration by December 2016, 2. Install native trees and shrubs along 2 miles of Tarboo Creek and tributaries by May 2016. 3. Install native trees and shrubs along 0.5 miles of Leland Creek and tributaries by May 2016, Task 4 -- Public Outreach and Education (Total Task Cost: $1.6,575) A. The RECIPIF NT will hold two informational meetings for residents in the project area about project goals and outcomes. One meeting will be scheduled at the beginning of the project and one near the end of the project. K 'The RECIPIENT will develop a public online portal to map water quality results. The portal will integrate with the water quality database to provide nearly real-time updates, The RECIPIENT will distribute a newsletter to the residents in the project area. The newsletter will discuss project results, actions landowners can take to Protect water quality, and other key issues specific to the project area. A copy of the letter will be provided to the DEPARTMENT prior to distribution to the public. Required Performance. I Advertise informational ineetings on the RECIPIENTwebsite and in the local newspapers by February 2014 and October 2016. 2, Conduct ,in introductory project meeting and an end of project meeting by November 2016. 3. Develop an online portal to water quality data by November 2014. 4. Distribute a newsletter to project area residents by November 2015. 5. Printed niaterials developed under this project will be submitted to the DEPARTMENT's prqject manager for review and approval prior to final development, R PART V(a). SPECIAL TERMS AND CONDITIONS A. The DEPARTMENT will evaluate the status of this project, 18 months from the effective date of the agreement. The DEPARTMENT's Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures,, and overall project administration and performance. Failure to make satisfactory progress toward achieving project outcomes may result in changes in scope of work, reduction of funds, or increased oversight measures as determined by the DEPARTMENT, PART VI. ALL WRITINGS CONTAINED HEREIN' The f(),Ilowing contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein: • This agreement • Attachment 1: General Project Management Requirements • Attachment IL General Terms and Conditions • The effective edition, at the signing of this agreement, of the DEPARTMENT's "Administrative Requirements for Recipients of Ecology Grants and Loans" • Funding Guidelines FY 2014 — 2015. • The applicable statutes and regulations No subsequent modifications or amendments of this agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part of this agreement, EXCEPI I that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the terms of this agreement, the attachments, a] I incorporated or referenced documents, as well as all applicable statutes, rules, and guidelines mentioned in this agreement. IN WITNESS WHEREOF, the parties hereby execute this agreement: STATE OF WASHING"I'ON JEFFERSON COt,NTY DEPARTMENT OF ECOLOGY BOARD OF COMMISSIONERS DONALD A. SEE BERGER DATE JOHN AUSTIN DATE WATER QUAI,ITY ACTING PROGRAM CHAIR MANAGER Ap roved as t rM nly. (Revised July 2013) (1 - five Jefferson rose r of Civic A 7 David AAlvarez, ef ATTACHMENT 1: GrENERAL PROJECT MANAGEMENT REQUIREMENTS BEST MANAGEMENT PRACTICES (BMP) IMPLEMENTATION If the R_1',CIPIENT installs BMPs that are not consistent with current funding guidelines and approved by the DEPAR]'MENT prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. Refer to the current Water Quality Financial Assistance Funding Guidelines for more information about eligibility requirements. BMP TRACKINGIINVOICING If the RECIPIENT implements an off-stream water facility, livestock feeding area BMPs, or a direct seed program the RECIPIENT must track the costs by landowner in vouchers submitted to the DEPARTMENT in order to ensure that the entire eligible cost of that BMP is reimbursed in full and does not exceed the financial assistance limit established in the BMP guidance. CENTENNIAL-FUNDED PROJECTS USED TO MATCH SECTION 319 -FUNDIED PROJECTS Projects used by the DEPARTMEN'I'to meet a matching requirement for the Section 319 program (as indicated on page 3 of this agreement), require the RECIPIENT to comply with Federal Section 319 reporting requirements. Required reporting includes project data on BMP implementation and annual pollutant load reduction. S,z�ctiqq 319 Re orting Rip uip ent,5.The RECIPIENT must complete the DEPARTMENT's _ _ __p �qrp_ "Clean Water Act Section 319 Initial Data Reporting Sheet." This form must be submitted to the DEPART vIENT' s Financial Manager with the first progress report, The RECIPIENT must complete the DEPARTMENT's "Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form." This form is used to gather information on load reduction for each BMP installed for the project. This form must be submitted electronically to the DEPARTMENT'S Financial Manager by January 15 of each year, and at project close-out. Payments will be held until the form has been completed and submitted to the financial manager, CULTURAL AND HIS'To�Ric RESOURCES PROTECTION The Ry-�,CIPIENT must comply with all requirements listed in Section 106 of the National 14istoric preservation Act or Executive Order 05-05 prior to implementing any project that involves soil disturbing activity. The RECIPIENT must conduct and submit a cultural resources survey or complete and submit an E7_-I Form to the DEPARTMENT's project manager prior to any soil disturbing activities, The DEPARTMT.- NT will contact the Department of Archaeology and Ilistoric Preservation (DAHP) and affected tribes regarding the proposed project activities in order to fulfill Section 106 or Executive Order 05-05 requirements. Any prior communication between the RECIPIEN'f, the PART V(a). SPECIAL TFRMS AND CC NI)rriONS A. The DEPARTMENT will evaluate the status of this project, 18 months from the effective date of the agreement. The DEPARTMENT's Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and performance. Failure to make satisfactory progress toward achieving project outcomes may result in changes in scope of work, reduction of funds, or increased oversight measures as determined by the DEPARTMENT. PART VI. ALL WRITINGS CONTAINED IIEREIN The following contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein: • This agreement Management Requirements • Attachment 1: General Project Man • Attachment II: General Terms and Conditions • The effective edition, at the signing of this agreement, of the DEPARTMENT's "Administrative Requirements for Recipients of Ecology Grants and Loans" • Funding Guidelines FY 2014 — 2015. • The applicable statutes and regulations No subsequent modifications or amendments of this agreement will be of any force or enact unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEPAR:rMI' NT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. The RC CIPIENJ` acknowledges that they have had the opportunity to thoroughly review the terms of this agreement, the attachments, all incorporated or referenced documents, as well as all applicable statutes, rules, and guidelines mentioned in this agreement. IN WITNESS WHERE, OF, the parties hereby execute this agreement: siwm OF WASHINGTON JEFFERSON COUNTY DEPARTMENT OF ECOLOGY BOARD OF COMMISSIONERS . .. ...... . . . ..... . . ...... .. ............... DONALD A. SEEBERGER DATE JOHN AUSTIN DATE WATER QUALITY ACTING PROGRAM CHAIR MANAGER (Revised July 200) 0 ATTACHMENT 1: GENERAL PR03ECT MANAGEMENT REQUIREAiENTS BEST MANAGEMENT PRACTICES (BMP,) IMPLEMENTATION If the RECIPIENT installs BMPs that are not consistent with current funding guidelines and approved by the DEPARTMENT Prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. Refer to the current Water Quality Financial Assistance Funding Guidelines for more information about eligibility requirements. BMP TRACKINGANVOICING If the RECIPIENT implements an off-stream water facility, livestock feeding area BMPs, or a direct seed program the RECIPIENTroust track the costs by landowner in vouchers submitted to the DEPARTMENT in order to ensure that the entire eligible cost of that BMP is reimbursed in full and does not exceed the financial assistance limit established in the BMI,1 guidance, CENTENNIAL-FUNDED PROJE CTS USED TO MATCH SECTION 31.9-FuNDED PROJECTS Projects used by the DEPARTMENT to meet a matching requirement for the Section 319 program (as indicated on page 3 of this agreement), require the RECIPIENT to comply with Federal Section 319 reporting requirements. Required reporting includes project data on BMP implementation and annual pollutant. load reduction. Section 319Rep rting Requirements, The RECIPIENT must complete the DEPA RTMENT's "Clean Water Act Section 319 Initial Data Reporting Sheet." This farm must be submitted to the DEPARTMENT's Financial Manager with the first progress report. The RECIPIENT must complete the DEPARTMNT's "Federal Clean Water Act Section 319 Grant Load Reductions Reporting Donn." This form is used to gather information on load reduction I-or each BMP installed for the project. This form must be submitted electronically to the DEPARTMENT'S Financial Manager by January 15 of each year, and at project close-out. Payments will be held until the form has been completed and submitted to the financial manager. CULTURAL AND HISTORIC RESOURCES PROTECTION 11e RECIPIENT must comply with all requirements listed in Section 106 of the National 1-listoric Preservation Act or Executive Order 05-05 prior to implementing any project that involves soil disturbing activity. The RECIPIENT must conduct and submit a cultural resources survey or complete and submit an EZ-1 Form to the DEPARTMENT's project manager prior to any soil disturbing activities, The DEPARTMEN"I'will contact the Department of Archaeology and historic Preservation (DAI-II') and affected tribes regarding the proposed project activities in order to fulfill Section 106 or Executive Order 05-05 requirements. Any prior communication between the RECIPIEMF, the M DAHP, and, the tribes is not sufficient to meet requirements. Any rnitigation measures as an outcome of this process Mll be requirements of this agreement. A at occur prior to the completion of the Section 106 or E.xecutive -ny soil disturbing activities that Order 05-05 process will not be eligible for reimbursement. Activities associated with cultural resources review are grant eligible and reimbursable. The Department of Archaeology and Historic Preservation has Provided guidance that can be accessed online at: EDUCATION AND OU17RFACH The RECIPIEN"I'must do a regional search for existing materials before producing any new educational flyers or pamphlets. The RECIPIENT must request the use of those materials before time and resources are invested to duplicate materials that are already available. The Rl, CIPIENT must also check the Washington Waters website htjp�-/�lAYlw.ec wq ov/washipzton \yLi!Lr�/index.html for useful educational materials. These materials are available for public use and can be downloaded directly from the website, The RECIPIENT provide the DEPARTMENT up to two copies and an electronic copy of any tangible educational products developed under this grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements or gadgets, such as a refrigerator magnet with a message. If this is not practical, the RECIPIENT must provide a complete description including photographs or printouts of the product. The RECIPIENT must also supply the DEPARTMENT with the names and contact information of local project leads. If there are a significant number of people in the community that speak languages other than English, the RECIPIENT must produce all pamphlets, fliers, meeting notices, reports, and other educational and public outreach materials in English and in the other prevalent language. EFFECTIVE DATE The Effective Date of this grant agreement is the date agreed to by the DEPARTMENT and the RECIPIENT during the development of this grant agreement and should be no earlier than the date the RECIPIENT" began incurring eligible project costs. Any work performed prior to the Effective Date of this agreement will be at the sole expense and risk of the RECIPIENT. Reimbursement for eligible costs incurred will not be released by the DEPARTMENT until the grant agreement is signed. EQ-UIPMENT PURCHASE The following equipment will be eligible for purchase through this project: 16 temperature data loggers, 6 logger boots, I logger base station, I laptop computer & software. 'I be total cost of all equipment purchased under this project will not exceed $4,600. Changes in equipment type must have prior approval from the DEPARTMENT. 9 F➢NRING Rf.,C0(N'N1TJ0N The RECIPIENTniust inform the public about DEPART'MEN'Tor EPA funding participation in this project through the use of project signs, acknowledgement in Published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available frorn the DEPAR.,rmENT upon request, INDIRFCT RATE To acknowledge overhead costs, the RECIPIENT may charge an indirect rate Of up to 25 percent based on employees' direct salary arid benefit costs incurred while conducting Project-related work. 'I "he he Department's Financial Manager may require a list of items included in the indirect rate at any time. WrCHING RLQUIRE 'IF NTS Cash Match Requirement. If grant funds awarded are more than $250,000, the RECIPIENT share for the project must be entirely in the form of cash or interlocal contributions. If grant funds awarded are $250,000 or less, any combination of cash, interlocal, or in-kind match is allowed. Interlocal contributions will also count as cash match. Stormwater hardship grants, require cash match only. Interlocal Match Requirement. The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements are consistent with all of the following.' • Terms of this grant agreement • The edition of "Administrative Requirements for Ecology Grants and Loans" that is effective at the signing of this agreement. • Chapter 39.34 RCW Interlocal Cooperation Act In-Kind Match Reauireinent. If in-kind match is specified in the pr ect budget,, property and services donated by organizations or individuals may be used. Documentation will be required for all donated property and services. MMORITY AND WOMEN'S BUSINESS PARTICOATION "Yhe RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or W 3 participation, M/WBE participation is encouraged, however, and the RECIPIENI'and all Prospective bidders or persons 1 0 submitting qualificatiOnS should take the following steps, when possible, in any procurement initiated after the effective date of this agreement, a) Include qualified minority and women's businesses on solicitation lists. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. C) Divide the total requirements, when economically feasible, into smaller tasks or quantities,, to pen-nit maximum participation by qualified minority and women's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) Use the services and assistance of the State Office of Minority and Womens Business Enterprises (OM EE) and the Office of Minority Business Enterprises Of the JJ.S. Department of Commerce, as appropriate. The RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT (T-orm D: Contractor Participation Report), payment,, made to qualified firms. Please include the following information: a) Name and state OMWBE certification number (if available) of any qualified firm receiving funds tinder the invoice, including any sub-and/or sub-subcontractors. b) The total dollar amount paid to qualified firms under this invoice. PAYMENT RFQUF,,s'r SUBMITTALS rEe quarterly but no more often qqgn�. The RECIPIENI'must submit payment requests at least quar than monthly, unless allowed by the DEPARTMENT's Financial Manager, The DEPAR:TMENT's Financial Manager may require the RECIPIENr to submit regular payment requests to ensure efficient and timely use of funds. S Ulm � The RECIPIE NJ' must submit all payment request vouchers and _09i �pocumentation. supportive documentation to the DEPARTMENT's Financial Manager. Payment request voucher submittals are based on match requirements found in the budget. R mttired Lorrn _ A _ mgch_Conjbii2atLo r! Form A19-IA (original signature) Form B I (ECY 060-3) Form Cl (ECY 060-8) Form D (ECY 060-11) ("ash Only Mgq ' h Form A19 -1A (original signature) Form B2 (ECY 060-7) Form C2 (ECY 060-9) Form D (ECY 060-11) S W her e.App .. _limmcq k Form. E (ECY 06(1 -12) Form F (R"Y 060-13) Form 11(F -21) Form I (ECY 060-15) Ruggin, eliglible costs. The RECIPIENT must report all eligible costs incurred on the protect, regardless of the source of funding for those costs, 'Fhis includes I . costs used as match. All eligible and ineligible prqject costs must be separate and identifiable. Reirribursennents. Payments will be made on a cost-reiryibursable basis. Requests for Reimbursement Instructions for submitting payment requests are found in ADM IN ISTRATIVE REQUIREkENT,§, PART IV available on the DEPARTMENT website or in hard copy upon request. I Procedure. Payment requests will be submitted by the RECIPIENT to the Financial Manager and the Project Manager of the DEPARTMENT. All Payment requests will inc lude a progress report. No reimbursem ent ill be made without the p e apropriate back-up documentation and the progress report. 2. Cost Reimbursable Basis: Payments to the RECIP'llXI' will be made on a "reimbursable basis" no more often than once per month unless allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular Payment requests to ensure efficient and timely use of funds. 3. Docur.n.entation. Each request for payment will include back-up documentation of the eligible expenses being requested for reimbursement and a Progress report, 4, Reouired Forms: The RECIPIENT will submit all forms, supportive documentation and progress report to the DEPARTME Manager NT's Financial Manerand Project , Manager, Invoice voucher submittals will include: • State of Washington Invoice Voucher Forin A19-IA • Form B2 (ECY 060-7) • Form C2 (ECY 060-9) • Form D (ECY 060-11) 5. Period of Payment. Payments will only be made for eligible, costs of the PROJECT Pursuant to this agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in this agreement. 6. IneliQible Costs. Payments will be made only for eligible PROJEC'1'c0sts incurred and will not exceed the grant amount. If any audit identifies grant funds which were used to support ineligible costs, such funds may be immediately due and payable to the DEPARTMENT 'notwithstanding any provision to the contrary herein. 7. Overhead Costs. No payment for overhead costs in excess of 25 percent of salaries and benefits of the RECIPIENT will be allowed without prior approval. 8. Certification. Each payment request will constitute a certification by the U"CIPIENT to the effect that all representations and warranties made in this agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the PROJECT have occurred since the date of this agreement. 12 NEW ELECTRONIC SYSTE M: ECOLOGY ADMINISTRATION OF GRAN'rS AND LOANS (EAGL) I- is currently developing a web-based grant and loan inanagement system, The DEPARTME ,�N The DEPARTMENT will be transitioning to this new web-based system in the future. Once the transition has taken place payment requests and progress reports will be submitted electronically. POST PROJECT ASSESSMENT The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long; -term environmental results or goals from the project approximately three years after project completion. A representative from the DEPARTMENT's Water Quality Program will contact the RECIPIENT to request this data. The DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, as part of this assessment. PROCuREMENT 'The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. PROGRESS REPORTS ,The RECIPIENT, will submit a progress report to the DEPARTMENT at least quarterly or such other schedule as set forth herein. "The RECIPIENT will submit a copy of each progress report along with the payment request to both the Financial Manager and the Project Manager of the DEPARTMENT. Quarterly reports will cover the periods. January I through March 31 April I through June 30 July I through September 30 October I through December 31 Quarterly reports are due 15 days following the end of the quarter being reported. Payment requests will not be processed without a progress report. A progress report must be submitted even if no progress has occurred, A Progress Report Form is available on the DEPARTMENT's website. At a minimum, all progress reports must contain the items outlined in the DEPARTMENT's Progress Report Form. The DEPARTMENT may request additional information as necessary. The RE(I'lPlI.-INT will also report in writing to the DEPARTMENT any problems, delays, or adverse conditions which will materially affect its ability to meet PROJECT objectives or time schedules. This disclosure will be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. R REQUIRED -DOCUMENTSuBmiTTALS The RECIPIENTmust submit the following documents to the DEPARTMEN-Fas requested by the DEPARTMENT's Project Manager or Financial Manager: • Draft project completion report • Electronic copy of final project completion report • I`inal project completion report • Educational products developed under this agreement • Interlocal agreements • Land owner agreements Professional services procurement agreements Department of Archaeology and Historic Preservation's EZ- I I"Orm -- I copy lo the DEPARTMENT's Pr(Ject Manager, per site, prior to ground disturbing activities. Additional Required Document Submittals for the Federal Clean Water Act Section 319 Funded Projects and Centennial projects used by the DEPAR'I'MENT to satisfy its Section 319 matching requirement. Clean Water Act Section 319 Initial Data Reporting Sheet — I copy to DEPARI'MENT's Financial Manager during the first quarter following the effective date of the agreement. Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form — I copy to the DEPARTmENT's Financial Manager by January 15 of each year and at the end of the project. Federal Funding Accountability and. ,transparency Act (FFATA) Data Collection Form VOLUNTEER TIME DocuMENTATION The RECIPIENT must report to the DEPARTMENT the total number Of volunteer (unpaid) hours contributed to the restoration or monitoring project, including time not being credited for matching purposes. This information will be conveyed to the Governor of the State of Washington in fulfillment of a request for state agencies to collect information about volunteers working for clean water. WATER QIJALITY MONITORING Qgglitj Assurance Pro ct Plan (OAPP . Prior to initiating water quality monitoring activities, the RECIPIENTrnust prepare a Quality Assurance Project Plan (QAPP). The QAPP must follow Ecology's Guidelines fbr Preparing Quality Assurance Project Plans.for Environmental Studies (Guidelines), July 2004 (Ecology Publication No. 04-03-030), 7111e applicant may also reference the Technical Guidance jbr Assessing the Quality QfA quatic Environments, revised February 1.994 (Ecology Publication No. '91-78) or more current revision, in developing the QAPP. The RECIPIENT must submit the QAPP to the DEPAUMENT's Project Manager for review, comment, and must be approved before starting the environmental monitoring activities. "I'he RECIPIENT must use an environmental laboratory accredited by Ecology to analyze water samples for all paraincters to be analyzed that require bench testing. Information on currently 14 accredited laboratories and the accreditation process is provided on the Department of Ecology's Environmental Assessment, Program's website. The RECIPIENT should manage all monitoring data collected or acquired under this agreement in order to be available to secondary users and meet the "ten-year rule." The ten-year t ule means, that data documentation is sufficient to allow an individual not directly familiar with the specific monitoring effort to understand the purpose of the data set, methods used, results obtained, and quality assurance measures taken ten years after data are collected. Mo . . . . ........ YeiLirIgIA System. Funding alto�ri.a&D�at��_Submittal/l--,nvironmentaI Information Mangt RI,,ciPn,'.-,NTS that collect environmental monitoring data must submit all data to the .1 c at DEPARTMP,NT using the Environmental Information Management System, ( E IM). Data must be loaded into EIM following instructions on the Elm website at ovum. and approved by the DEPARTMENT's Project Manager. Final payment requests will be withheld until data has been approved in EIM. The data submittal portion of the Elm website provides information and help on formats and requirements for submitting tabular data. Specific questions about data submittal may be directed to the EIM Data Coordinator. If Geographic information System (GIS) data is collected, RECIPIENTS are required to follow DEPAW'rMENT data standards when GIS data are collected and processed as documented at )L/sL(,L�vi�s/ is/data/standards/standards.htm, RECIPIENTS must submit copies to the DI'3PARTMENT of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 15 ATTACHMENT I. GENERAL TERMS AND CONDITIONS PERTAINING TO GRAN'I' AND LOAN AGREEMENTS OF THE DEPARTMENTOFECOLOGY A. RECIPIENT PERFORMANCE All activities for which grantJloan funds are to be used shall be accomplished by the ZECIPIENT 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. SUBGRAN'TEE/CONT RACTOR COMPLIANCE The RECIIII ENT' must ensure that all sub grantees 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 RECIPIEM'pursuarit to this agreement, the state of" Washington is named as an express third-party beneficiary of such subcontracts with Iull 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. COMPLIANCEwiTHALL LAWS The RE, CIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIEN'r shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEIPARTM ENT 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 Womens Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the 131: "PARTMEN'l' the percent ofgrant/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 RECIPIEN'f fails to comply with such laws, the 16 I)EPARTMENT shall have the right to inu-nediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AutwrS AND INspEcrIONS t. 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 payinent/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 DEPARTM ENT 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 grantiloan 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 M the compliance Supplement to OB Circular A-13,3, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. 1. PERFORMANCE REPORTING "/'lie RECIPIEN'r shall submit progress reports to the I)EPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENI I shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet proj ect objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTmI�,wr 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 I)ecember 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. 17 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 fbm"s Provided by the DEPARTMENT along with documentation of the expenses. Payments shall lie 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 forma and supportive docurrients 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 Chants and Loans", Part IV, published by the DEPARTMENT. A copy of this document shafl 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 Requests) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (4 5) 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 DEPARTMF'INT 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 DEPARTMENTmay be paid to the RECII'IFN I 'w 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 diern 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 DEPARTMEN]" 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 1 s perform any obligation required of it by this agreement, the DEPAWfMEN'I'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 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 REC IpI N'f under this agreement, at the option of the DEPARI I MENT, shall become DE PART MENT property and the RECIPIEN'11 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 DEPARTMl N'r for damages sustained by the DEPAWMENT 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 ftom 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 DEPARTwwr 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 tea ninate this agreement as provided in paragraph K. I above. When this agreement crosses the RECIPIEN'rs fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the I� Fapm.Nrs governing body; provided, however, that nothing contained herein shall preclude the DEPA RTMENT 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 RE, CIPIENT 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. 1,. WAIVER Waiver of any REC IPIENT 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 I . 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 DEPART Mf`NT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authari7e 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 F J,,CIPIEN'I'as provided in 35 U.S.C. 200-211 19 2. Publications. When the RECIPIENT or persons employed by the RE('1PIENT Ilse or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMEN'r; use logos, reports, maps or other 6�11,,,,, it, printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be give,, to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrativc Requirements for Recipients of Ecology Grants and Loans", Part V, shall control tile use and disposition of all real and personal property purchased wholly or in part with fullds 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 DEPART'MENTprovides 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 DEPARTME said If aid property is lost, stolen or damaged while in the RECIPIENT's Possession, the N the , DEPARTME Tshall be reimbursed in cash or by setoff by the RECIPIENT for 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 attorney's opinions establishing that the land is free (roan any irripediment, 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 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 tea 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 RECIPIEN,F 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 inforrnation, see http:L/LN z1bL �n 0. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENTto 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 91 DEPARTmEN'rs 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 DEPARWENTolue to insufficient funds as in Section K. 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 DEPAR'I'MENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by all 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. 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 detennination 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 I-learings 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 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, W S. INDEMNIFI(I'ATION 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. 1 To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnity and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. 1'. 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 "Perms '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. FUNDING AVAILABILITY The DEPARTMENT's ability to make payments is contingent on availability offunding. 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', at its sole discretion, may elect to terminate the agreement, in whole or part, or to renegotiate the agreement subject to new funding limitations and conditions. '.File DEPARTMENT may also elect to suspend performance of the agreement until the DEPARTMENI'determines the funding insufficiency is resolved. The DEPARTMENT may exercise any of these options with no notification restrictions. SS-0 lit Rev. 04/04 Modified 12/13 N