Loading...
HomeMy WebLinkAbout110716_ca04Consent Agenda Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Su Tipton, WAU Jefferson County Cooperative Extension DATE: 127 - 7 ,2 RE: NW Straits Agreement between The State of Washington Dept. of Ecology and Jefferson County Agreement No. SEANWS-2016- JeCoWS-00006 STATEMENT OF ISSUE: Jefferson County MRC is requesting approval on the above grant agreement. The effective date of this agreement is 10/01/2016, completion is 9/30/2017. ANALYSIS: To improve the health of local marine and nearshore habitats and species by 1) protecting shellfish and eelgrass beds from boater impacts, 2) supporting two Olympia oyster restoration efforts in WDFW Restoration Plan priority areas, 3) removing contaminants from stormwater and 4) engaging the public in citizen science monitoring and educational programs. FISCAL IMPACT: No fiscal impact to Jefferson County RECOMMENDATION: Recommend Commissioners approve this Agreement. DEPARTMENT CONTACT: Su Tipton, 360.379.5610 x206. REVIEWED BY: Date CONTRACT REVIEW FORM /�— 19-0 CONTRACT WITH: Northwest Straits Agreement between WA State Dept. Of Ecology and Jefferson County CONTRACT FOR: Jefferson County MRC Operations and Projects TERM: 10/1/16 thru 9/30/2017 COUNTY DEPARTMENT: WSU Jefferson County Cooperative Extension For More Information Contact: Su Tipton Contact Phone #: 360.379.5610 x206 RETURN TO: Su Tipton BIETURN BY: 10/12/16 (Person in Department) (Date) OCT 04' AMOUNT: $73,000.00 PROCESS: Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds No Fiscal Impact to Jefferson County $73,000 $73,000 Step 1: REVIEW BY Review by: Date Reviewed: APPROVED FORM Comments ❑ Exempt from Bid Process ❑ Consultant Selection Process ❑ Cooperative Purchase ❑ Competitive Sealed Bid ❑ Small Works Roster ❑ Vendor List Bid ❑ RFP or RFQ KNOther ❑ Returned for revision (See Comments) Step 2: REVIEW BY PROSECUTING. stTDRNE Review by: Date Reviewed: az.4ep APPROVED AS TO FORM ❑ Returned for revision (See Comments) Comments Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF , C) < ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL i j Submit originals and 6 copies of Contract, Review Form, and Agenda Bill to BOCC Office. LL. til Place "Sign Here" markers on all places the BOCC needs to sign. d � C MUST be in BOCC Office by 4:40 p.m. TUESDAY for the following Monday's agenda. CL (This form to stay with contract throughout the contract review process.) DEPARTMENT OF E C 0 L 0 G Y State of Washington Agreement No. SEANWS-2016-JeCoWS-00006 NORTHWEST STRAITS AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY 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, 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 MRC Operations and Projects $73,000.00 $73,000.00 $73,000.00 $0.00 10/01/2016 09/30/2017 NW Straits Grant Project Short Description: Jefferson MRC will improve the health of local marine habitats and shorelines by implementing specific programs. This grant will fund administrative support, expand a successful rain garden initiative, maintain shellfish and eelgrass voluntary no -anchor zones, support two Olympia oyster restoration projects, continue outreach programs, and support citizen -science monitoring projects. Project Long Description: Rain Gardens & Stormwater: Last year's prioritization report identified over 17 priority sites. This year the MRC will construct two more rain gardens and install interpretive signs as appropriate. Partners providing in-kind and matching support include WSU Jefferson Extension, City of Port Townsend, Jefferson County and local community members and students. Protecting Eelgrass and Shellfish Beds: The MRC will maintain voluntary no -anchor zones to protect eelgrass and shellfish harvest areas in Port Hadlock, Mystery Bay and Port Townsend. The buoys require regular ORIGINAL State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County maintenance, including checking lines, removing tangled debris, replacing buoys and worn hardware. Outreach to boaters is also essential to the success of the project. Olympia Oysters in Quilcene Bay & Discovery Bay: JCMRC began testing the feasibility of re-establishing an Olympia oyster population in Quilcene Bay in 2016. The MRC goal in 2017 is to monitor current plantings and add more seeded cultch to assess successful establishment and look for natural recruitment. The MRC also plans to continue monitoring a 2014 habitat project in Discovery Bay near an established population. Citizen Science Monitoring: (1) Construction of a nearshore restoration project at Fort Townsend State Park will be completed in fall 2016. This project provides post -construction, citizen science monitoring to document changes in beach slope, forage fish spawning activities, sediment size, large woody debris (LWD) and park visitor perceptions. (2) JCMRC is part of a regional kelp monitoring project to fill gaps in DNR kelp data sets. (3) Forage fish spawning surveys will be conducted by trained volunteers on a section of private beach in northern Discovery Bay in 2016-17. Outreach & Education: The primary goal of this task is to develop and implement a 2016 Outreach Plan that identifies target messages, audiences and strategies (events, actions and programs) to reach these audiences. Topics include sustainable clam harvesting, individual actions to reduce pollutants and SLR & king tides. The overall goal is to increase awareness of MRC projects and encourage individual actions that improve water quality and protect nearshore and marine resources. Overall Goal: To improve the health of local marine and nearshore habitats and species by 1) protecting shellfish and eelgrass beds from boater impacts, 2) supporting two Olympia oyster restoration efforts in WDFW Restoration Plan priority areas, 3) removing contaminants from stormwater and 4) engaging the public in citizen science monitoring and educational programs Version 10/30/2015 Page 2 of 33 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County RECIPIENT INFORMATION Organization Name: Jefferson County Federal Tax ID: 91-6001322 DUNS Number: 184826790 Mailing Address: 380 Jefferson Street Port Townsend, WA 98368 Physical Address: 380 Jefferson Street Port Townsend, Washington 98368 Contacts Page 3 of 33 Project Manager Cheryl Lowe MRC Coordinator 380 Jefferson St Port Townsend, Washington 98368 Email: cheryl.lowe@wsu.edu Phone: (360)379-5610x230 Billing Contact Suzan Tipton Financial Coordinator 380 Jefferson St Port Townsend, Washington 98368 Email: wsufinancial@co.jefferson.wa.us Phone: (360)379-5610x206 Authorized Laura Rehmke Lewis Signatory Director 380 Jefferson Street Port Townsend, Washington 98368 Email: laura.lewis@wsu.edu Phone: (360) 379-5610 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County ECOLOGY INFORMATION Mailing Address: Department of Ecology Shorelands PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Shorelands 300 Desmond Drive SE Lacey, WA 98503 Contacts Page 4 of 33 Version 10/30/2015 Sasha Horst Project Manager Northwest Straits Commission 10441 Bayview -Edison Road Mount Vernon, Washington 98273 Email: horst@nwstraits.org Phone: (360) 428-1084 Sasha Horst Financial Manager Northwest Straits Commission 10441 Bayview -Edison Road Mount Vernon, Washington 98273 Email: horst@nwstraits.org Phone: (360) 428-1084 Lucas Hart Technical Advisor 10441 Bayview -Edison Road Mount Vernon, Washington 98273 Email: luha461 @ecy.wa.gov Phone: (360)428-1057 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County AUTHORIZING SIGNATURES Page 5 of 33 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 this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within 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. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. 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 and bind their respective organizations to this Agreement. IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Department of Ecology Gordon White Shorelands Program Manager Template Approved to Form by Attorney General's Office Version 10/30/2015 Date Jefferson County Laura Rehmke Lewis Director Date State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Chairperson, Board of County Commissioners Page 6 of 33 Chairperson, Board of County Date Commissioners Michael Haas, Jefferson County Prosecutor's Office ,4/ C C, of o4wti Approved as to form. Michael Haas, Date Jefferson County Prosecutor's Office Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County SCOPE OF WORK Task Number: 1 Task Cost: $37,575.00 Task Title: Project Administration/Management Task Description: 1.1 MRC Meetings and Communication: schedule and hold regular meetings of the MRC; prepare and distribute agenda; prepare and distribute meeting minutes; invite speakers on topics of community interest; and other logistical and communication functions as needed. Provide summary of activities for MRC representative to share at Northwest Straits Commission (NWSC) meetings. 1.2 Grant administration: Prepare progress reports, final report and closeout report for Northwest Straits Commission; track and administer budget; document matching funds and volunteer time; perform contract management; and prepare grant applications for MRC projects. 1.3 MRC Web Site: Existing MRC web site will be maintained and regularly updated with notices of upcoming meetings and agendas and other timely and relevant information. 1.4 Annual Report: This report will summarize MRC activities and progress on projects, including progress in achieving the Northwest Straits Initiative's performance benchmarks and connection to Puget Sound Action Agenda. 1.5 Annual Workplan: The workplan will include the objectives, timeframe, products, and benchmarks addressed in this scope of work. 1.6 Training: The MRC members will attend the Northwest Straits Commission training and/or additional conferences, trainings, and workshops as appropriate. 1.7 Representation at NWSC meetings: A representative of the MRC will attend each Northwest Straits Commission meeting and provide an update on current activities of the MRC. 1.8 Local Integrating Organization: The MRC will participate in meetings and operations of the Local Integrating Organization (LIO) in order to participate in the local planning process and action agenda update, including identification of Near Term Actions. Task Goal Statement: To carry out administrative functions in support of the mission (including work plan preparation, developing and preparing grant proposals, programmatic staff support, project monitoring and performance tracking, education programs and grant writing), travel, planning and participate in training opportunities. Task Expected Outcome: a. MRCS have a documented process to recruit and train members to be active participants and contributors to the work of the MRC. b. Information about projects and the work of the MRC is accessible and shared regularly through presentations, meetings and web site. Version 10/30/2015 Page 7 of 33 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County c. The MRC meets regularly in a public forum that is promoted locally to community members and decision makers. d. The MRC is informed of and contributes to the work of the Northwest Straits Commission. e. The value of volunteer hours and other local contributions to the work of the MRC is documented and shared with the Commission and the County. f. The work of the MRC is planned in advance through an annual workplan and documented in an annual report. g. MRC members and staff contribute to other relevant local and regional processes related to marine issues. Version 10/30/2015 Page 8 of 33 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Recipient Task Coordinator: Cheryl Lowe Project Administration/Management Deliverables Page 9 of 33 Number Description Due Date 1.1 Quarter 1 Progress Report 01/06/2017 1.2 Quarter 2 Progress Report 04/07/2017 1.3 Quarter 3 Progress Report 07/07/2017 1.4 Quarter 4 Progress Report 09/29/2017 1.5 Quarter 1 Meeting Agenda and Minutes 01/06/2017 1.6 Quarter 2 Meeting Agenda and Minutes 04/07/2017 1.7 Quarter 3 Meeting Agenda and Minutes 07/07/2017 1.8 Quarter 4 Meeting Agenda and Minutes 09/29/2017 1.9 Semi -Annual Web Site Address and Screen Shots of Up -to -Date Content 1 04/07/2017 1.10 Semi -Annual Web Site Address and Screen Shots of Up -to -Date Content 2 09/29/2017 1.11 Annual Workplan 01/06/2017 1.12 Annual Report 04/07/2017 1.13 Quarter I List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 01/06/2017 1.14 Quarter 2 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 04/07/2017 1.15 Quarter 3 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 07/07/2017 1.16 Quarter 4 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 09/29/2017 1.17 Quarter I Report to the Commission 01/06/2017 1.18 Quarter 2 Report to the Commission 04/07/2017 1.19 Quarter 3 Report to the Commission 07/07/2017 1.20 Quarter 4 Report to the Commission 09/29/2017 1.21 Quarter 1 Matching Funds/Volunteer Time Tracking 01/06/2017 1.22 Quarter 2 Matching Funds/Volunteer Time Tracking 04/07/2017 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Page 10 of 33 1.23 Quarter 3 Matching Funds/Volunteer Time Tracking 07/07/2017 1.24 Quarter 4 Matching Funds/Volunteer Time Tracking 09/29/2017 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County SCOPE OF WORK Task Number: 2 Task Cost: $2,450.00 Task Title: Citizen Science Monitoring Projects Task Description: Jefferson MRC will support three volunteer monitoring projects: 2.1 Fort Townsend post -restoration: This will be the first year of post -restoration monitoring at Fort Townsend State Park. Jefferson MRC will collect data about changes in beach slope, forage fish spawning activities, sediment size, large woody debris and park visitor perceptions about ease of access to the beach and understanding of nearshore processes. Forage fish surveys will occur September to April and other beach data are collected 1-2 times per year. Visitor surveys will be done by volunteers, using a survey similar to the pre -construction survey, to determine whether visitors who read the interpretive signs will have a better understanding of nearshore processes than before construction. The MRC will work in partnership with WA Dept of Fish and Wildlife and the Point No Point Treaty Council. 2.2 Forage fish: Jefferson MRC will conduct monthly forage fish spawning surveys at one location in Discovery Bay from fall 2016 through spring 2017. The monitoring will use current WA Dept of Fish and Wildlife (WDFW) forage fish protocols. Field samples will be sent to WDFW for analysis and a copy of forage fish data will be submitted to WDFW and the Northwest Straits Commission. 2.3 Bull kelp monitoring: Jefferson MRC will provide additional data to understand long-term trends in the health of local bull kelp beds by conducting monthly surveys of bull kelp in July, August and September 2017 at 1-3 kelp beds, engaging at least six volunteers to collect data in 2017. Task Goal Statement: 2.1 Fort Townsend: Collect post -construction data on forage fish spawning, beach characteristics and visitor perceptions at Fort Townsend State Park to document impacts of restoration. Pre -construction baseline monitoring was completed in 2016. An annual report will summarize results and provide a basic analysis. 2.2 Forage fish: The goal of the forage fish monitoring project is to monitor forage fish spawning in previously unmonitored areas and provide better temporal resolution by monitoring index sites; foster awareness about the ecological importance of forage fish; and promote citizen science contributions to regional research. 2.3 Bull kelp monitoring: The goal of the kelp monitoring program is to provide a better understanding of kelp distribution and density within the Salish Sea using a kayak -based survey protocol. The MRC will monitor changes in local kelp populations, foster awareness about the ecological and cultural importance of kelp and promote citizen science contributions to regional research. Task Expected Outcome: These citizen science monitoring projects will provide specific information to assist state agencies with regional mapping and databases, and provide opportunities for community engagement and education about nearshore processes, eelgrass, kelp, and forage fish populations. Expected outcomes are: o The MRC will collect data for three projects o At least 16 volunteers will participate Version 10/30/2015 Page l l of 33 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County o The MRC will have direct contact with at least 60 park visitors (Fort Townsend) and 5 landowners (Discovery Bay) Recipient Task Coordinator: 2.1 Cheryl Lowe/Wade Crouch 2.2 Jeff Taylor 2.3 Judy D'Amore Citizen Science Monitoring Projects Deliverables Page 12 of 33 Number Description Due Date 2.1 Fort Townsend forage fish survey data and summary through June 2017 08/30/2017 includin number of eggs, number of samples, length of shoreline 2.2 Fort Townsend summary report of beach character data, visitor surveys 09/30/2017 from 2016-17 and associated press release and photos related to monitoring 2.3 Forage Fish in Discovery Bay survey data and summary 09/30/2017 (presence/absence of eggs, length of shoreline) and associated press release/photos 2.4 Kelp survey project report including list of participants 07/07/2017 list of locations and potential survey dates 2.5 Kelp survey report, including copy of data collected, summary of survey 09/30/2017 efforts, locations and photos Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County SCOPE OF WORK Task Number: Task Title: Rain Gardens Task Cost: $21,750.00 Task Description: Jefferson MRC identified at least nine high priority and eight medium priority sites where bio -remediation would be an appropriate and effective strategy for treating stormwater. In 2016-17 the MRC will work with new community partners to install two more high-priority rain gardens from that list, with interpretive signs as appropriate. Jefferson MRC will prepare raingarden designs, acquire permits and install two rain gardens, including site work and engaging community volunteers in installation, maintenance and monitoring. Task Goal Statement: The Jefferson MRC goal is to improve the quality of the water flowing into Port Townsend Bay by constructing rain gardens in target areas (Central and South Port Townsend Bay) to increase soil absorption and intercept pollutants and contaminants. Task Expected Outcome: Reduced flow of contaminated stormwater into Port Townsend Bay. Alongside actions of other organizations, this effort may also contribute to maintaining open status of local shellfish harvesting areas Recipient Task Coordinator: Bob Simmons Rain Gardens Deliverables Page 13 of 33 Number Description Due Date 3.1 Drawing of raingarden 41 04/15/2017 3.2 Photos of raingarden 07/07/2017 # 1 installation, copies of all related articles and press releases, permits and sign -in sheets for participants 3.3 Summary report/data for monitoring for at least one of the MRC's 07/07/2017 2015-2016 rain gardens 3.4 Raingarden 42 dimensions, concept drawing and list of project partners 07/07/2017 3.5 Photos of raingarden #2 installation, copies of all related 09/30/2017 PR, permits and sign -in sheets for participants. 3.6 Summary report of project activities, including 09/30/2017 partnerships, actions, media articles and photos for both installations Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County SCOPE OF WORK Task Number: Task Title: Education and Outreach Task Cost: $4,750.00 Task Description: Jefferson MRC will develop and implement a 2017 Outreach Plan that identifies target messages, audiences and strategies (events, actions and programs) to reach these audiences. This year's topics include clam harvesting education (one event), reducing pollutants in stormwater (1-2 strategies), and sea level rise and king tides (new effort). Jefferson MRC will continue annual awareness efforts with County and City government and eelgrass buoys (maintenance level). Jefferson MRC will direct key messages to target audiences, including boaters and clam diggers; contribute at least four posts to Northwest Straits Commission social media; write and distribute at least one media article to inform local residents about MRC projects and stewardship actions; and contribute to Shore Stewards and Northwest Straits Commission newsletter. Task Goal Statement: The overall goal of the MRC's education and outreach effort is to increase awareness of MRC projects and encourage individual actions that improve water quality and protect nearshore and marine resources. Page 14 of 33 Task Expected Outcome: A better understanding of marine habitats and consequences of personal actions, and behavior changes that help protect these habitats. Once the MRC has completed an Outreach Plan, measurable outcomes will be identified for each primary topic area. Potential outcomes related to MRC projects: • Fewer boats anchoring in eelgrass will protect marine nearshore habitats. • Participation in Digging for Dinner will result in better harvesting practices and less impact on public clamming beaches. • Community engagement in installation and maintenance of MRC -sponsored rain gardens will increase awareness of stormwater issues and impacts. Recipient Task Coordinator: Cheryl Lowe Education and Outreach Deliverables Number Description Due Date 4.1 2017 Outreach plan 01/20/2017 4.2 Summary report on outreach activities, including number of contacts, 09/30/2017 number of new MRC volunteers, photos, list of participants, results of follow-up survey and copies of published articles Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County SCOPE OF WORK Task Number: Task Title: Olympia Oyster Restoration Task Cost: $2,950.00 Task Description: Jefferson MRC has two Olympia Oyster project sites: Quilcene Bay and Discovery Bay. In Quilcene Bay, Jefferson MRC and partners began testing the feasibility of re-establishing an Olympia oyster population with five plots in 2016. In 2017 the MRC will monitor current plantings according to the approved QAPP, add 40 bags of seeded cultch to test plots, and look for natural recruitment from scattered conspecifics. In Discovery Bay the MRC placed unseeded cultch near an established Olympia oyster population in 2014, and added more shell in 2016 to reach the permitted coverage of shell. In 2017 the MRC will conduct a third year of annual monitoring, following the submitted QAPP. Task Goal Statement: In Quilcene Bay the MRC goal is to test feasibility/likely success of re -building a Quilcene Bay Olympia oyster population. In Discovery Bay the goal is to collect a third year of data about establishment and growth of spat in a previously -planted enhancement project area. Task Expected Outcome: Collection of data from these test plots will guide future restoration actions and provide information about likelihood of Olympia oyster survival in these sites. Recipient Task Coordinator: Cheryl Lowe and MRC subcommittee Olympia Oyster Restoration Deliverables Page 15 of 33 Number Description Due Date 5.1 QAPPs for Discovery Bay and Quilcene Bay monitoring 10/30/2016 52 Report on monitoring of Discovery Bay enhancement area (summary, 09/30/2017 data,photos) 5.3 Summary report of Quilcene Bay activities, including summary of 09/30/2017 actions, data collected, media articles and photos. Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County SCOPE OF WORK Task Number: 6 Task Title: Voluntary No Anchor Zones Task Cost: $3,525.00 Page 16 of 33 Task Description: The MRC has successfully established three voluntary no -anchor zones to protect eelgrass and shellfish harvest areas in Jefferson County: Port Hadlock, Mystery Bay and Port Townsend. The buoys require regular maintenance, including checking lines, removing tangled debris, replacing buoys and worn hardware. Continued outreach to boaters is key to the success of the project. The MRC will focus on reaching the general boater audience through articles in regional boating publications, at least two presentations to target audiences, and one paid ad in a boating -related publication. Task Goal Statement: The MRC will protect three established eelgrass and shellfish habitat areas by encouraging boaters to respect voluntary no anchor zones that are delineated by maintained marker buoys. 95% compliance in 2017 in the no -anchor zones in Port Townsend, measured during the 2017 Wooden Boat Festival. Task Expected Outcome: Voluntary compliance with no anchor zones by visiting and resident boaters who understand that they should anchor outside of designated areas and why it is important to do so. Eelgrass and shellfish beds will be protected. Recipient Task Coordinator: Cheryl Lowe/Dale Moses Voluntary No Anchor Zones Deliverables Number Description Due Date 6.1 Final report (including buoy maintenance summary, copies of articles 09/30/2017 from local media, 2 presentations and one paid ad, jpg photos, compliance summary) Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County BUDGET Funding Distribution EG170024 MOTE: The above funding distribution number is used to idents this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Effective Date Funding Source: Title: Type: Funding Source % Description: Puget Sound Partnership/EPA 2016-17 10/01/2016 EPA - NW Straits Federal 100% Federal Awarding Agency: Federal Awarding Agency Contact: Federal Awarding Agency Phone: Federal Awarding Agency Email: Federal Awarding Agency Address CFDA Catalog Name: CFDA Number: FAIN: Research Grant: Federal Award Date: Total Federal Award Amount: Federal Funds Obligated To Recipient: Funding Type: Grant Funding Expiration Date: 09/30/2017 US Environmental Protection Agency, Region 10 Karin Berkholtz 360-999-3848 karin.berkholtz@psp.wa.gov 326 East D Street, Tacoma WA 98421-1801 Puget Sound Action Agenda — Implementation Strategies and Actions for Vital Sign Recovery Assistance Program 66.123 No $1,600,000.00 $73,000.00 Approved Indirect Costs Rate: Approved Federally Recognized Indirect Costs Rate: 25% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Version 10/30/2015 Page 17 of 33 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Puget Sound Partnership/EPA 2016-17 Task Total MRC Operations $ 37,575.00 Citizen Science Monitoring Projects $ 2,450.00 Rain Gardens $ 21,750.00 Education and Outreach $ 4,750.00 Olympia Oyster Restoration $ 2,950.00 Voluntary No Anchor Zones $ 3,525.00 Total: $ 73,000.00 Version 10/30/2015 Page 18 of 33 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Fundine Distribution Summary Recipient / Ecology Share Page 19 of 33 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Puget Sound Partnership/EPA 2016-17 0.00 % $ 0.00 $ 73,000.00 $ 73,000.00 Total $ 0.00 1 $ 73,000.00 $ 73,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS CREDIT AND ACKNOWLEDGEMENT Reports, documents, signage, videos, or other media, developed as part of projects funded by EPA funded Agreements shall display both the EPA and Puget Sound Partnership logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency under Assistance Agreement PC-OOJ90301. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use. This requirement is for the life of the product, whether during or after the Agreement period. SUB -RECIPIENT FEDERAL REQUIREMENTS 1. INTRODUCTION This contains provisions that are not listed on OMB Standard Form 424B (Rev 4- 2012). These provisions apply only to Sub -recipients. 2. AUDIT REQUIREMENTS SUB -RECIPIENT shall meet the provisions in Office of Management and Budget (OMB) Guidance, Subpart F, §200.501 (Audit Requirements) if the SUB -RECIPIENT expends $750,000 or more in total Federal funds in a fiscal year. The $750,000 threshold for each year is a cumulative total of all federal funding from all sources. The SUB -RECIPIENT shall forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to AGENCY within ninety (90) days of the date of the audit report. For complete information on how to accomplish the single audit submissions, visit the Federal Audit Clearinghouse Web site: http://harvester.census.gov/facweb/ 3. COST PRINCIPLES/INDIRECT COSTS FOR STATE AGENCI ES If an EPA award is received before December 26, 2014 and no funding is added on or after December 26, 2014, the recipient agrees to comply with the cost principles of the below listed federal regulations, to the extent they apply to the sponsor. • 2 CFR 225 (A-87) for State, Local, and Indian Tribal Governments • 2 CFR 220 (A-21) for Educational Institutions Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County • 2 CFR Part 230 (A-122) for Non -Profit Organizations If an EPA award is received on or after December 26, 2014, the recipient will comply with the Cost Principles: 2 CFR 200, Subpart E If an EPA award is received prior to December 26, 2014, and supplemental or incremental funding is added to the award on or after December 26, 2014, the recipient will comply with the Cost Principles: 2 CFR 200 Subpart E. Unless otherwise kind matching donations. The applicability of the cost principles depends on the type of organization incurring the costs. 4. CIVIL RIGHTS OBLIGATIONS This term and condition incorporates by reference the signed assurance provided by the recipient's authorized representative on Standard Form 424B. These assurances and this term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing EPA regulations. 5. CYBERSECURITY CONDITION The subrecipient(s) must comply with the recipient's requirements (section (b) (1) - EPA must ensure that any connections between the recipient' network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure) if the subrecipients network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. 6. NON DISCRIMINATION AND DISADVANTAGED, MBE, WBE BUSINESS ENTERPRISES ADDITIONAL REQUIREMENT SUB -RECIPIENT agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement, contained in 40 CFR, Part 33. SUB -RECIPIENT shall include the following provision in all subcontracts involving use of federal funds: In accordance with 40 CFR 33.106 and its Appendix A, the SUB -RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The SUB -RECIPIENT shall carry out applicable requirements of 40 CFR part 33 in the award administration of contracts awarded under EPA financial assistance agreements. Failure by the SUB -RECIPIENT to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 7. DRUG FREE WORKPLACE SUB -RECIPIENT shall make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization shall identify all known workplaces under its federal award and keep this information on file during the performance of the award. SUB -RECIPIENTS who are individuals must comply with the drug-free provisions set forth in Title 2 CFR Part 1536 Subpart C. The consequences for violating this condition are detailed under Title 2 CFR Part 1536 Subpart E. Recipient can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at: http://ecfr.gpoaccess.gov. 8. LEP (Limited English Proficiency) Title VI As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the Sub- recipient agrees to use as a guide the Office of Version 10/30/2015 Page 20 of 33 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at http://frwebgate. access.gpo.gov/cgi-bin/getdoc.cgi? dbname=2004register&docid=fr25 jn04-79.pd. In accepting this contract, the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral. The recipient must be prepared to demonstrate to EPA/PSP that such compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI obligations. For example, if SUB-RECIPIENT's responsibilities under this contract include gathering public input on an environmental issue, SUB-RECIPIENT's communication with the public should attempt to minimize barriers that interfere with the ability of LEP persons to meaningfully participate. 9. MANAGEMENT FEES Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this CONTRACT. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except to the extent authorized as a direct cost of -carrying out the scope of work. 10. PEER REVIEW The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any significant technical products the Principal Investigator (PI) of this project must solicit advice, review, and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. 11. REIMBURSEMENT LIMITATION If SUB -RECIPIENT expends more than the amount of the Environmental Protection Agency (EPA) funding in this agreement in anticipation of receiving additional funds from EPA, it does so at its own risk. EPA is not legally obligated to reimburse PSP, nor its sub -recipients, for costs incurred in excess of the EPA approved budget. 12. SEMI-ANNUAL AND ANNUAL PERFORMANCE REPORTS The Sub -recipient shall submit performance reports during the life of the project, as specified in the statement of work or work plan developed under this contract. In addition to the periodic performance reports, the recipient shall submit a final performance report, which is due 90 calendar days after the expiration or termination of the award, or as specified in the work plan or statement of work. The report shall be submitted to the Puget Sound Partnership Project Officer and may be provided electronically. The report shall generally contain the same information as in the periodic reports, but should cover the entire project period. After completion of the project, the PSP Project Officer may waive the requirement for a final performance report if the PSP Project Officer deems such a report is inappropriate or unnecessary. 13. SIX GOOD FAITH EFFORTS, 40 CFR, PART 33, SUBPART C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, service and supplies under an EPA financial assistance agreement, and to require that subrecipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good Version 10/30/2015 Page 21 of 33 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County faith efforts shall be retained: a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing DBEs on solicitation lists and soliciting whenever they are potential sources. b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation b DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraph (a) through (e) of this section. 14. SUB -AWARDS If SUB -RECIPIENT makes sub -awards under this contract, SUB -RECIPIENT is responsible for selecting its sub-awardees and, if applicable, for conducting sub -award competitions. SUB -RECIPIENT agrees to: a. Establish all sub -award agreements in writing; b. Maintain primary responsibility for ensuring successful completion of the approved project (Sub -Recipient cannot delegate or transfer this responsibility to a sub-awardee); c. Ensure that any sub -awards comply with the standards in Section 210(a) -(d) of OMB Circular A-133, and are not used to acquire commercial goods or services for the sub- awardee; d. Ensure that any sub -awards to 501(c)(4) organizations do not involve lobbying activities; e. Monitor the performance of sub-awardees, and ensure sub-awardees comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub- award; f. Obtain AGENCY's consent before making a sub -award to a foreign or international organization, or a sub -award to be performed in a foreign country; and g. Obtain approval from AGENCY for any new sub -award work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. 15. TRAFFICKING IN PERSONS AND TRAFFICKING VICTIM PROTECTION ACT OF 2000 (TVPA) as amended in 22 U.S.C. 7104(g) This provision applies only to a Sub -Recipient, and all sub-awardees of Sub -Recipient, if any. Sub -Recipient shall include the following statement in all sub -awards made to any private entity under this Agreement. "You as the Sub -Recipient, your employees, sub-awardees under this award, and sub- awardees' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub -awards under this Award." Sub -Recipient, and all sub-awardees of Sub -Recipient must inform AGENCY immediately of any information you Version 10/30/2015 Page 22 of 33 State of Washington Department of Ecology Page 23 of 33 Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County receive from any source alleging a violation of this prohibition during the award term. Federal agency funding this agreement may unilaterally terminate, without penalty, the funding award if this prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as amended. 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. A. CERTIFICATION 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 ECOLOGY 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. 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 <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County top executives using the FFATA Data Collection Form. • Receives more than $25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices 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. ov <hlW://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspendinia.gov <h6://www.usasl2ending.gov/>. For more details on FFATA requirements, see www.fsrs. og v <http://www.fsrs.go`. Version 10/30/2015 Page 24 of 33 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology 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 Page 25 of 33 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 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 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Page 26 of 33 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. 0 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. 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 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County 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 27 of 33 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. 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. Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County 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 Page 28 of 33 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 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 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County 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 ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall 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 with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 19. PROGRESS REPORTING Page 29 of 33 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 1 through March 31, April 1 through June 30, July I 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. 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 under this agreement, 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 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Page 30 of 33 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 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. Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County 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. 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. Version 10/30/2015 Page 31 of 33 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County 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 terns 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. 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 Version 10/30/2015 Page 32 of 33 State of Washington Department of Ecology Agreement No: SEANWS-2016-JeCoWS-00006 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Page 33 of 33 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. GENERAL TERMS AND CONDITIONS LAST UPDATED 12/25/2015 Version 10/30/2015