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HomeMy WebLinkAbout120715_ca08615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Consent Agenda Nov 16, 2015 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jared Keefer, Director DATE: SUBJECT: Agenda Item — Interagency Agreement with Department of Ecology for Site Hazard Assessment, TCRPA-2015-JeCoPH-00011; July 1, 2015 — June 30, 2016; $12,000 STATEMENT OF ISSUE: Jefferson County Public Health, Department of Environmental Health, requests Board approval of the Interagency Agreement with Department of Ecology for Site Hazard Assessment, TCRPA-2015, JeCoPH- 00011; July 1, 2015 — June 30, 2016; $12,000 ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: This interagency agreement with the Department of Ecology provides funding for incurred costs associated with investigations and evaluations of the nature and extent of contamination at properties in the community. Initial investigations require JCPH to respond to public complaints made through Ecology's Environmental Report Tracking System. The purpose of the work is to determine if a release of hazardous substance has occurred and if further action is needed. Site hazard assessments require JCPH staff to collect information about environmental conditions, waste types and quantities. Information collected is used to evaluate environmental and human health risks and to assign a relative risk rating using the WA Ranking Method. The goal is to provide funding to local health districts/departments to investigate and evaluate sites that have been potentially contaminated. FISCAL IMPACT/COST BENEFIT ANALYSIS: This interagency agreement is funded by the Department of Ecology Site Hazard Assessment grant. Funds are divided according to task. Initial Investigation is funded for $4,800; Site Hazard Assessment is funded for $4,800; Grant and Project Administration is funded for $2,400. The total amount funded through the Department of Ecology Site Assessment grant is $12,000. Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Always working for a safer and healthier community Environmental Health Water Quality 360-385-9444 (f) 360-379-4487 RECOMMENDATION: JCPH management request approval of the interagency agreement with Department of Ecology for Site Hazard Assessment; July 1, 2015 — June 30, 2016; $12,000 REVIEWED BY, Date Agreement No: TCPRA-2015-JeCoPH-00011 Page 1 of 20 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH DEPARTMENT OF I` ECOLOGY State of Washington Agreement TCPRA-2015-JeCoPH-00011 TOXICS CLEANUP REMEDIAL ACTION GRANT PROGRAM AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY I\ M JEFFERSON COUNTY PUBLIC HEALTH This is a binding Agreement entered into by and between the State of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY" and JEFFERSON COUNTY PUBLIC HEALTH, hereinafter referred to as the "RECIPIENT" to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than Project Type: Jefferson County Public Health Remedial Action Grant $12,000.00 $12,000.00 $12,000.00 $0.00 07/01/2015 06/30/2016 Site Assessment (SA) Proiect Short Description: Perform Initial Investigations (IIs) and Site Hazard Assessments (SHAs) in accordance with ECOLOGY guidelines and provide information to Ecology for the ranking of sites in accordance with the Washington Ranking Method for Sites in Jefferson County. Pro ect Long Description: Site Assessment grants are provided to local health districts to fund activities to investigate and evaluate the nature and extent of contamination at properties within their communities. Two main activities are performed under these agreements: Initial Investigations and Site Hazard Assessments. Initial Investigations (IIs): Local health districts/departments respond to complaints from the public, as reported through ECOLOGY'S Environmental Report Tracking System (ERTS). The purpose of this work is to determine if a release of a hazardous substance has occurred at a site and if further action is required. Site Hazard Assessments (SHAs): Local health districts/departments collect information about environmental conditions, waste types, and waste quantities at sites. These conditions may adversely affect the environment by a TCPRA-2015-JeCoPH-00011 Agreement No: TCPRA-2015-JeCoPH-00011 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH release of hazardous substances. The information collected during an SHA is used to evaluate environmental and human health risks and to assign a relative risk ranking under the Washington Ranking Method. Overall Goal: The goal of the Site Assessment (SA) grant program is to provide funding to local health districts/departments to investigate and evaluate sites that have been potentially contaminated with hazardous substances in Washington State. There are two components to this program: Initial Investigations and Site Hazard Assessments. TC PRA-2015-JeCoPH-0001 I Page 2 of 20 Agreement No: TCPRA-2015-JeCoPH-00011 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH RECIPIENT INFORMATION Organization Name: JEFFERSON COUNTY PUBLIC HEALTH Federal Tax ID: 91-6001322 DUNS Number: 184826790 Mailing Address 615 Sheridan St Port Townsend, WA, 98368 Physical Address: 615 Sheridan St Port Townsend, Washington, 98368 Organization Fax: (360) 379-4487 Contacts i Project Manager Jared Keefer Director of Environmental Health and Water Quality 615 Sheridan Street Port Townsend, Washington, 98368 Email: jkeefer@co.jefferson.wa.us Phone: (360) 385-9411 Billing Contact Susan Parke Financial Operations Coordinator Authorized Signatory TCP RA-2015-JeCoPH-0001 I 615 Sheridan Street Port Townsend, Washington, 98368 Email: sparke@co.jefferson.wa.us Phone: (360) 385-9437 Jared Keefer Director of Environmental Health and Water Quality 615 Sheridan Street Port Townsend, Washington, 98368 Email: jkeefer@co.jefferson.wa.us Phone: (360) 385-9411 Page 3 of 20 Agreement No: TCPRA-2015-JeCoPH-00011 Page 4 of 20 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH ECOLOGY INFORMATION Mailing Address: Department of Ecology Toxics Cleanup PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Toxics Cleanup 300 Desmond Drive Lacey, WA 98503 Contacts Project Dan Koroma Manager P.O. Box 47600 Olympia, Washington, 98504-7600 Email: dkor461@ecy.wa.gov Phone: (360) 407-7187 Financial Dan Koroma Manager P.O. Box 47600 Olympia, Washington, 98504-7600 Email: dkor461@ecy.wa.gov Phone: (360) 407-7187 TCPRA-2015-JeCoPH-00011 Agreement No: TCPRA-2015-JeCoPH-00011 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH Page 5 of 20 RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in the Scope of Work. RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement. Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement, Scope of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. This Agreement contains 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 shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement. IN WITNESS WHEREOF, the parties hereby sign this Agreement Washington State Department of Ecology Program Manager Jim Pendowski Toxics Cleanup Date proved as to form only u4 0,&=-11/4/3 Jcffcrson Co. Prosccut Office David Alvarez, Chief CYvil DPA TCP RA-2015-JeCoPH-0001 l JEFFERSON COUNTY PUBLIC HEALTH Jared Keefer Date Director of Environmental Health and Water Quality David Sullivan Chair, Jefferson County Board of Date Commissioners Agreement No: TCPRA-2015-JeCoPH-0001 I Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name JEFFERSON COUNTY PUBLIC HEALTH SCOPE OF WORK Task Number: 1 Task Cost: $4,800.00 Task Title: Initial Investigations (J001) Task Description: This task funds the RECIPIENT'S costs ECOLOGY determines reasonable and necessary to perform approximately 4 initial investigations. The RECIPIENT shall investigate newly discovered sites that have been identified within the RECIPIENT'S county as being a potential health or environmental risk. The RECIPIENT shall conduct and report on initial investigations in accordance with ECOLOGY's Initial Investigations Policy 310A and any additional guidance on conducting initial investigations. The RECIPIENT shall also attend any ECOLOGY required training on initial investigations. With prior approval by ECOLOGY's project manager, the RECIPIENT may reopen certain investigations and conduct extended initial investigations. These may include sampling and analysis or other costs approved in advance by ECOLOGY. The RECIPIENT may also perform lead assessments under this task in coordination with the Department of Health at properties approved by ECOLOGY. The RECIPIENT may conduct approved lead assessments where an elevated blood lead level has been identified in a child residing at or frequenting the property. The assessment consists of the sampling, analysis, and reporting on materials that potentially contain lead (such as paint, soil, and dust). This includes making recommendations to the family about ways to mitigate exposure to and remediate the lead. The RECIPIENT shall report lead assessment results to the Department of Health and to ECOLOGY. Costs for lead assessments shall not exceed $2,000 each without written approval by ECOLOGY. The RECIPIENT shall forward a copy of site investigation reports to ECOLOGY's project and financial managers within 30 days of a completed initial investigation. Task Goal Statement: Respond and report outcomes of 100% of IIs referred to JCPH by Ecology during the period 7/1/2015-6/30/2016 Task Expected Outcome: Respond to approximately 4 IIs during the period 7/1/2015-6/30/2016; complete and submit reports as required. Rccipicnt Task Coordinator: Christy Fiedler Initial Investigations (J001) Deliverables •(Iw) m-ol of as btr,ufgq.A Page 6 of 20 Number Description Due Date 1.1 The RECIPIENT shall submit a copy of site investigation�rgport§tto-,,,;,q ECOLOGY's project manager and statewide SHA Coordinator within 30 days of a completed initial investigation. TCPRA-2015-JeCoPH-00011 Agreement No: TCPRA-2015-JeCoPH-00011 Page 7 of 20 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH SCOPE OF WORK Task Number: 2 Task Cost: $4,800.00 Task Title: Site Hazard Assessments (J001) Task Description: This task funds the RECIPIENT'S costs ECOLOGY determines reasonable and necessary to perform site hazard assessments and to rank sites. The RECIPIENT shall perform site hazard assessments as defined in the Model Toxics Control Act and rank sites in accordance with the ECOLOGY Site Hazard Assessment (SHA) Guidance and Procedures for the Washington Ranking Method, Ecology Publication 91-73. The RECIPIENT shall perform approximately 3 site hazard assessments under this task. Sites from the Confirmed or Suspected Hazardous Sites list and those pending formal cleanup actions are generally considered a higher priority for assessment. The RECIPIENT shall confirm with ECOLOGY that the proposed site is approved for work under this task prior to incurring costs. If the RECIPIENT is performing SHAs at leaking underground storage tank (LUST) sites approved by ECOLOGY, additional eligible costs may be allowed. This includes costs for the development and implementation of sampling and analysis plans (SAPs) approved by ECOLOGY. Sampling and analysis costs at these LUST sites may not exceed $10,000, without written approval by ECOLOGY. Task Goal Statement: Annually, complete SHAs at approximately 3 selected sites. Task Expected Outcome: Annually, complete approximately 3 SHAs and SHA reports to Ecology with ranking or NFA recommendations. Recipient Task Coordinator: Christy Fiedler Site Hazard Assessments (J001) Deliverables Number Description Due Date 2.1 4 Site Ranking Reports or NFAs TCP RA-2015-JeCoPH-00011 Agreement No: TCPRA-2015-JeCoPH-00011 Page 8 of 20 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH SCOPE OF WORK Task Number: 3 Task Cost: $2,400.00 Task Title: Grant and Project Administration (J001) Task Descri prion: This task funds RECIPIENT'S costs ECOLOGY deems reasonable and necessary to administer the grant and projects under each task. The RECIPIENT shall document on the progress report the staff time spent on each activity and at each site. The RECIPIENT shall submit copies of requested site records to ECOLOGY, including copies of photographs documenting site visits. Eligible administrative costs may also include those incurred performing activities to: • Administer the grant, develop, and maintain grant files. • Prepare and submit payment requests, and progress reports. • Purchase services, supplies, tools, and equipment needed to accomplish grant tasks. (Equipment purchases are conditionally eligible and require prior written approval by ECOLOGY's financial manager.) • Attend training events approved in advance, including related travel costs. Training may be billed under Tasks 1-3 as appropriate. Spending Plans: • The RECIPIENT shall submit a spending plan to ECOLOGY. The spending plan identifies the amount by quarter in which the RECIPIENT plans to bill ECOLOGY for accumulated costs through the term of the agreement. • The spending plan must be updated at least quarterly to reflect actual expenditures and projections for the remainder of grant/loan reimbursement requests. • The updated spending plans must be included with each payment request/progress report as an excel file or other standard spreadsheet format on forms provided by ECOLOGY. Travel & Per Diem: • ECOLOGY will reimburse travel costs at the state per diem rate in effect when the costs were incurred. Any costs incurred over the state rate will be the sole responsibility of the contractor or recipient unless an exception is provided in writing by the financial manager prior to the costs being incurred. The RECIPIENT may bill costs related to vehicle usage at the state approved mileage rate. Any other motor pool costs, such as the cost of parking the RECIPIENT's vehicles at their own office, purchasing, or maintaining vehicles are considered part of overhead and may not be direct billed to this grant. Phone Services: • Mobile phones/landlines and related phone services that are used to carry out SA grant related activities must be paid for out of the overhead rate charged to the grant. Long distance calls on landlines associated with SA grant activities may be direct billed. Overhead/Indirect Costs: • RECIPIENT may bill up to 25% of salaries and benefits (S/B) for their indirect costs associated with managing the grant and grant activities. Task Goal Statement: To manage the grant and project, and complete all administrative documentation and billings in accordance with accounting standards, the terms and conditions of the grant, and the Administrative Requirements for Recipients of TCPRA-2015-JeCoPH-000 I I Agreement No: TCPRA-2015-JeCoPH-0001 1 Page 9 of 20 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH Ecology Grants and Loans Managed in EAGL. Task Expected C]utc0111e: Project documentation will be properly developed and maintained in accordance with the terms and conditions of the grant, and the Administrative Requirements for Recipients of Ecology Grants and Loans Managed in EAGL. Recipient Task Coordinator: Christy Fiedler Grant and Project Administration (J001) Deliverables Number Description Due Date 3.1 Timely grant payment requests/progress reports (PR/PR) with proper documentation. 3.2 Updated spending plan with each PR/PR. TCPRA-2015-JeCoPH-00011 Agreement No: TCPRA-2015-JeCoPH-0001 I Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH BUDGET Funding Distribution EG160262 Funding Title: LOCAL TOXICS CONTROL ACCOUNT Funding Type: Grant Funding Expiration Date Funding Effective Date: 07/01/2015 Funding Source: 06/30/2016 Page 10 of 20 Title: Local Toxics Control Act (LTCA) Type: State CFDA: Assistance Agreement: Description: Remedial action grants and loans are provided to local governments in Washington State to facilitate the cleanup of publicly owned lands contaminated with hazardous substances. Grants or Loans offered include those for initial investigations, site hazard assessments, independent cleanups, cleanups conducted under order or consent decree, safe drinking water actions, areawide groundwater investigations, and integrated planning activities. The remedial action grant and loan program was created by the Model Toxics Control Act (MTCA), Chapter 70.105D RCW. MTCA directed Ecology to adopt rules for grant and loan issuance and performance. Those rules are in Chapter 173-322A WAC, Remedial Action Grants and Loans. Funds for remedial action grants and loans come from a tax on hazardous substances. MTCA directs 44% of the tax revenue into the Local Toxics Control Account (LTCA). Each biennium, the Legislature appropriates a portion of the funds in LTCA for remedial action grants and loans. Recipient Match %: 0 InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No LOCAL TOXICS CONTROL ACCOUNT Task Total Initial Investigations (J001) $ 4,800.00 Site Hazard Assessments (J001) $ 4,800.00 Grant and Project Administration (J001) $ 2,400.00 Total: $ 12,000.00 TC P RA-2015-JeCoPH-00011 Agreement No: TCPRA-2015-JeCoPH-0001 I Page 1 I of 20 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH Funding Distribution Summary Recipient / Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total LOCAL TOXICS CONTROL ACCOUNT 0.00 % $ 0.00 $ 12,000.00 $ 12,000.00 Total $ 0.00 1 $ 12,000.00 $ 12.000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. CERTIF ICAI'ION REGARDING SUSPENSION. DEBARMENT. INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. 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. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. 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.. 4. 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. 5. 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 lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. 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. 7. 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. TCPRA-2015-JeCoPH-0001 I Agreement No: TCPRA-2015-JeCoPH-0001 I Page 12 of 20 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH 8. RECIPIENT/CONTRACTOR 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 approved for payment. RECIPIENT/CONTRACTOR must run a search in <htlp;/Iwww.sam.Vvand print a copy of completed searches to document proof of compliance. Federal Funding Accountability And'i'rans an renc„y Act (FFAIAI Reporting Requirements: RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any RECIPIENT that meets each of the criteria below must also report compensation for its five top executives, using 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 ECOLOGY will not pay any invoice until it has received a completed and signed FFATA Data Collection Form. ECOLOGY is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs.gov <http://www.fsrs.gov> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspendiiig..gov-_:Iitip://www.usaspending_.goy>. For more details on FFATA requirements, see www. fsrs.l ov <hnp //www.fsrs.gov>. GENERAL TERMS AND CONDITIONS 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition". https://fortress.wa.gov/ecy/publications/SummaryPages/1401002.html b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 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 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. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological or cultural resources. Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to TCPRA-2015-JeCoPH-0001 I Agreement No: TCPRA-2015-JeCoPH-0001 I Page 13 of 20 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH approval by ECOLOGY. RECIPIENT shall: a) Immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this Agreement. b) Immediately notify the Department of Archaeology and Historic Preservation at (360) 586-3064, in the event historical or cultural artifacts are discovered at a work site. c) Comply with Governor Executive Order 05-05, Archaeology and Cultural Resources, for any capital construction projects prior to the start of any work. d) Comply with RCW 27.53, Archaeological Sites and Resources, for any work performed under this Agreement, as applicable. National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact cultural or historic properties. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT . 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible may require approval by ECOLOGY prior to purchase. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@des.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT should submit final requests for compensation within thirty (30) days after the expiration date of this Agreement. Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable Federal, State and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) 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. TCP RA-2015-JeCoPH-0001 I Agreement No: TCPRA-2015-JeCoPH-00011 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH b) RECIPIENT agrees to be bound by all federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 8. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. Page 14 of 20 The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal, TC P RA-2015-JeCoPH-00011 Agreement No: TCPRA-2015-JeCoPH-0001 I Page 15 of 20 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this contract will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. 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://www.ecy.wa.gov/services/gis/data/standards/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. 12. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13. INDEMNIFICATION ECOLOGY will 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. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and TCPRA-2015-JeCoPH-0001 I Agreement No: TCPRA-2015-JeCoPH-00011 Page 16 of 20 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 17. ORDER OF 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) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS RECIPIENT shall obtain ECOLOGY'S approval for all communication materials or documents related to the fulfillment of this Agreement. Steps for approval: a) Provide a draft 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. 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. 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January i through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. TC PRA-2015-JeCoPH-000 I I Agreement No: TCPRA-2015-JeCoPH-00011 Page 17 of 20 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH e) RECIPIENT shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but ECOLOGY 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. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: a. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. b. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY 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. 21. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify TCP RA-2015-JeCoPH-00011 Agreement No: TCPRA-2015-JeCoPH-00011 Page 18 of 20 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY 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 (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 22. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. 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. 24. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. TC P RA-2015-JeCoPH-00011 Agreement No: TCPRA-2015-JeCoPH-00011 Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post -consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, http://www.ecy.wa.gov/programs/swfa/epp. 27. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY 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 ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. 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 the completion or expiration date of this agreement, ECOLOGY, at its sole discretion, may elect to terminate the agreement, in whole or part, or renegotiate the agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. TCPRA-2015-JeCoPH-000 I 1 Page 19 of 20 Agreement No: TCPRA-2015-JeCoPH-0001 I Project Title: Jefferson County Public Health Remedial Action Grant Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 28. THIRD PARTY BENEFICIARY 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. 29. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or 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 ECOLOGY. TCPRA-2015-JeCoPH-00011 Page 20 of 20