Loading...
HomeMy WebLinkAbout102317_ca01Consent Agenda Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Su Tipton DATE:U�� RE: NW Straits Agreement between the State of Washington Department of Ecology and Jefferson County Agreement SEANWS-2017-JeCoWS-00003 STATEMENT OF ISSUE: Jefferson County MRC is requesting approval on the above grant agreement. The effective date ofthes agreement is 10/01/2017, completion is 9/30/2018. ANALYSIS: To improve the health of local marine and nearshore habitats and species by protecting shellfish, eelgrass beds from boater impacts. Supporting Olympia oyster restoration and removing contaminants from stormwater and 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: "MorleAdministrator Date y2 DEPARTMENT OF ECOLOGY State of Washington Agreement No. SEANWS-2017-JeCoWS-00003 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 $74,000.00 $74,000.00 $74,000.00 $0.00 10/01/2017 09/30/2018 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 and 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 maintains voluntary no -anchor zones to protect eelgrass and shellfish harvest areas in Port Hadlock, Mystery Bay and Port Townsend. The buoys require regular State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 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 a part of the project. Olympia Oysters in Quilcene Bay and Discovery Bay (SI- Restore Habitat B2.2. NWSI Goal 3) The MRC has two Olympia oyster project locations. In Discovery Bay, JCMRC will continue to monitor a habitat enhancement project that added a new bed location approximately one quarter mile from a native oyster population (tracking number and size of oysters in the new area). In 2017-18 we will also submit permits for expanding suitable substrate adjacent to the original population. At Quilcene Bay, we began testing the feasibility of re-establishing an Olympia oyster population in 2016, with additional seeded cultch added in 2017. In 2018, we will monitor to assess successful establishment, look for natural recruitment, and purchase/overwinter more seeded cultch for placement in spring 2019. Due to on-going concerns about water quality in Discovery Bay that might be affecting oyster growth, Jefferson MRC will sponsor a WDFW Mussel Watch monitoring site near the restoration area in winter 2017. Citizen Science Monitoring: 1) Fort Townsend State Park: This project provides post -construction citizen science monitoring to document habitat changes resulting from a nearshore restoration project (beach slope, forage fish spawning activities, sediment size and large woody debris), in partnership with WDFW Habitat Program and Point No Point Treaty Council (PNPTC). 2) JCMRC is part of a regional bull kelp monitoring project sponsored by NWSC. 3) Forage fish spawning surveys will be conducted by trained volunteers on a section of private beach in northern Discovery Bay in 2017-18. Outreach and Education: The primary tasks are to develop and implement a 2018 Outreach Plan that identifies target messages, audiences and strategies (events, actions and programs). Probable topics include best practices for shellfish harvesting (bi-valves and crabbing), water quality (actions to reduce pollutants entering Puget Sound), SLR and reducing shoreline armoring. The overall goal is to increase awareness of MRC projects and encourage individual actions that improve water quality and nearshore/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 Pngc ? of' , State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 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: 121 Oak Bay Rd Port Hadlock, WA 98339 Physical Address: 121 Oak Bay Rd Port Hadlock, Washington 98339 Organization Email: cheryl.lowe@wsu.edu Contacts Page 3 of 35 Project Manager Cheryl Lowe MRC Coordinator 121 Oak Bay Rd Port Hadlock, Washington 98339 Email: cheryl.lowe@wsu.edu Phone: (360) 379-5610 x230 Billing Contact Suzan Tipton Financial Coordinator 121 Oak Bay Rd Port Hadlock, Washington 98339 Email: wsufinancial@co.jefferson.wa.us Phone: (360) 379-5610 x206 Authorized Laura Rehmke Lewis Signatory Director 121 Oak Bay Rd Port Hadlock, Washington 98339 Email: laura.lewis@wsu.edu Phone: (360) 379-5610 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 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 35 Version 10/30/2015 Sasha Horst Project Manager Breazeale-Padilla Bay Interp. Center 10441 Bayview Edison Rd. Mt Vernon, Washington 98273-7242 Email: horst@nwstraits.org Phone: (360) 428-1084 Sasha Horst Financial Manager Breazeale-Padilla Bay Interp. Center 10441 Bayview Edison Rd. Mt Vernon, Washington 98273-7242 Email: horst@nwstraits.org Phone: (360) 428-1084 Lucas Hart Technical Advisor Breazeale-Padilla Bay Interp. Center 10441 Bayview Edison Rd. Mt Vernon, Washington 98273-7242 Email: HART@NWSTRAITS.ORG Phone: (360) 428-1057 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County AUTHORIZING SIGNATURES 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 Jefferson County IM Date Laura Rehmke Lewis Director Page 5 of 35 Date State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Kathleen Kler Page 6 of 35 Chair, Jefferson County Commissioner Date Philip C. Hunsucker C. jut&-- tozo6h Chief Civil Deputy Prosecuting Attorney Date Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County SCOPE OF WORK Task Number: 1 Task Cost: $36,970.00 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 participation 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 35 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 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 35 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Recipient Task Coordinator: Cheryl Lowe Project Administration/Management Deliverables Page 9 of ,5 Number Description Due Date 1.1 Quarter 1 Progress Report 01/10/2018 1.2 Quarter 2 Progress Report 04/10/2018 1.3 Quarter 3 Progress Report 07/10/2018 1.4 Quarter 4 Progress Report 10/10/2018 1.5 Quarter 1 Meeting Agenda and Minutes 01/10/2018 1.6 Quarter 2 Meeting Agenda and Minutes 04/10/2018 1.7 Quarter 3 Meeting Agenda and Minutes 07/10/2018 1.8 Quarter 4 Meeting Agenda and Minutes 10/10/2018 1.9 Semi -Annual Web Site Address and Screen Shots of Up -to -Date Content 1 04/10/2018 1.10 Semi -Annual Web Site Address and Screen Shots of Up -to -Date Content 2 10/10/2018 1.11 Annual Workplan 01/10/2018 1.12 Annual Report 04/10/2018 1.13 Quarter 1 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 01/10/2018 1.14 Quarter 2 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 04/10/2018 1.15 Quarter 3 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 07/10/2018 1.16 Quarter 4 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 10/10/2018 1.17 Quarter 1 Report to the Commission 01/10/2018 1.18 Quarter 2 Report to the Commission 04/10/2018 1.19 Quarter 3 Report to the Commission 07/10/2018 1.20 Quarter 4 Report to the Commission 10/10/2018 1.21 Quarter 1 Matching FundsNolunteer Time Tracking 01/10/2018 1.22 Quarter 2 Matching FundsNolunteer Time Tracking 04/10/2018 version ivivwtvu State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Page 10 of 35 1.23 Quarter 3 Matching Funds/Volunteer Time Tracking 07/10/2018 1.24 Quarter 4 Matching Funds/Volunteer Time Tracking 10/10/2018 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County SCOPE OF WORK Task Number: 2 Task Cost: $890.00 Task Title: Citizen Science Monitoring Projects Task Description: 2.1 Fort Townsend State Park: Jefferson MRC will collect post -construction data on forage fish spawning and beach changes at Fort Townsend State Park to document effect of restoration. Two to three years of beach character data and two to five years of post -construction forage fish data are planned to track changes as shoreline processes adjust. 2.2 Bull kelp monitoring: Working in collaboration with the Northwest Straits Commission using existing protocols, Jefferson MRC will monitor floating kelp beds at North Beach to provide information on the status of floating kelp communities in Jefferson County. Surveys will take place during low -tide events between July -September, 2018. 2.3 Forage fish spawning surveys: Jefferson MRC will use existing protocols to monitor smelt and sand lance spawning activity in Discovery Bay on a section of private property. Surveys will occur fall 2017 into spring 2018. We have documented landowner permission, and are using WDFW Index Site protocols. Task Goal Statement: The goal of the citizen science monitoring projects is for Jefferson MRC to provide specific information to assist state agencies with regional mapping and databases. The projects will also provide opportunities for community engagement and education about nearshore processes, eelgrass, kelp, and forage fish populations. At Fort Townsend, monitoring will document the effectiveness of shoreline restoration projects. Task Expected Outcome: Expected outcomes: o Collect data for three projects listed above o At least 12 volunteers will participate o At least 15 direct public contacts and 4 landowners (Discovery Bay) Version 10/30/2015 Page I 1 of 35 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Recipient Task Coordinator: 2.1 Wade Crouch 2.2 Judy D'Amore 2.3 Jeff Taylor Citizen Science Monitoring Projects Deliverables Page 12 of 35 Number Description Due Date 2.1 Fort Townsend monitoring QAPP 01/10/2018 2.2 Bull kelp QAPP 01/10/2018 2.3 Forage fish QAPP 01/10/2018 2.4 Citizen science monitoring progress report 04/10/2018 2.5 Citizen science monitoring progress report 07/10/2018 2.6 Fort Townsend survey data and summary, including forage fish and beach character data and photos 09/15/2018 2.7 Bull kelp summary with locations, copy of data collected and photos 09/15/2018 2.8 Forage fish survey data and summary (presence/absence of eggs, number of samples, length of shoreline,photos) 09/15/2018 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County SCOPE OF WORK Task Number: Task Title: Rain Gardens Task Cost: $18,545.00 Task Description: Jefferson MRC will work with community partners to install two more high-priority rain gardens from the existing MRC priority site list, bringing the total to eight rain gardens. The priority site list identifies sites where bio -remediation would be an appropriate and effective strategy for treating stormwater. WSU Extension will provide project coordination and design, soil testing, calculating drainage and capacity of bio -retention basin, plant selection, etc. while the Jefferson MRC will coordinate community engagement, plant purchases, installation contractors, and any interpretive signs. Task Goal Statement: Our overall goal is to improve the quality of the water flowing into Port Townsend Bay and northern Hood Canal by constructing rain gardens in target areas to increase soil absorption and intercept pollutants and contaminants. Task Expected Outcome: Reduced flow of contaminated stormwater into Port Townsend Bay. Improve conditions that contribute to maintaining open status of local shellfish harvesting areas. Recipient Task Coordinator: Anna Bachman Rain Gardens Deliverables Page 13 of 35 Number Description Due Date 3.1 Rain garden progress report 01/10/2018 3.2 Rain garden #1: dimensions and concept drawing, list of partners 04/10/2018 3.3 Rain garden #1: photos of installation, copies of all related media, ermits and sign -in sheets for participants. 07/10/2018 3.4 Rain garden #2: dimensions and concept drawing, list of partners 08/15/2018 3.5 Rain garden 42: photos of installation, copies of all related media, ermits and sign -in sheets for participants. 09/30/2018 3.6 Final summary report of project activities, including partnerships, actions, media articles and photos for both installations. 09/30/2018 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County SCOPE OF WORK Task Number: Task Title: Voluntary Eelgrass No Anchor Zones Task Cost: $3,570.00 Task Description: The MRC will protect local eelgrass and shellfish beds by maintaining three voluntary no -anchor zones in Port Hadlock, Mystery Bay and Port Townsend. Maintenance includes checking lines, removing tangled debris, replacing buoys and worn hardware. Task Goal Statement: The goal of the project is to prevent eelgrass damage by dragging boat anchors or chains and also prevent boaters from anchoring too close to shellfish harvest areas, in order to reduce the risk of contamination and closure. Task Expected Outcome: The MRC expects 95% voluntary compliance with no anchor zones by visiting and resident boaters who understand that they should anchor outside of designated areas, as measured during the 2018 Wooden Boat Festival. Recipient Task Coordinator: Dale Moses Voluntary Eelgrass No Anchor Zones Deliverables Page 14 of 35 Number Description Due Date 4.1 Voluntary no anchor zone progress report 01/10/2018 4.2 Voluntary no anchor zone progress report 04/10/2018 4.3 Voluntary no anchor zone progress report 07/10/2018 4.4 Final report (including buoy maintenance summary, copies of articles from local media, report on any presentations or ads, jpg photos of boats anchoring outside buoys, and a compliance summa 09/30/2018 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County SCOPE OF WORK Task Number: Task Title: Education and Outreach Task Cost: $4,775.00 Task Description: Jefferson MRC will develop and implement a 2018 Outreach Plan that identifies target messages, audiences and strategies, and identify evaluation measures to determine effectiveness of outreach activities. The MRC will focus on reaching community residents and visitors with key messages about water quality (actions to reduce pollutants entering Puget Sound), best practices for shellfish harvesting (bi-valves and crabbing), climate change (sea level rise and ocean acidification), nearshore habitats and/or shoreline armoring. Jefferson MRC will use existing communication networks to distribute key messages, including at least one media article about MRC projects and shoreline stewardship actions, a newsletter article for Northwest Straits, jpg images for social media distribution, and distribution through relevant partner networks. A follow-up survey will be completed for at least one of the strategies identified in the outreach plan. Task Goal Statement: The overall goal of the education and outreach effort is to increase awareness of Jefferson MRC projects and encourage individual actions that improve water quality and nearshore/marine resources. Task Expected Outcome: Fewer boats anchoring in eelgrass will protect marine nearshore habitats. Improved harvesting practices and less impact on public clamming beaches by recreational harvesters. Messaging includes connecting safe shellfish harvesting to individual water quality actions. Increased awareness of stormwater issues and impacts through community engagement in installation and maintenance of MRC -sponsored rain gardens. The MRC will reach at least 300 direct contacts and 12 new people engaged in MRC projects. Education and Outreach Deliverables Page 15 of 35 Number Description Due Date 5.1 2018 Outreach plan 01/10/2018 5.2 Outreach progress report 04/10/2018 5.3 Outreach progress report 07/10/2018 5.4 Final outreach report (including activities, number of contacts and new volunteers, jpg photos, list of participants, results of follow up surveys and copies of published articles 09/30/2018 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County SCOPE OF WORK Task Number: 6 Task Cost: $9,250.00 Task Title: Olympia oyster restoration Task Description: 6.1 Quilcene Bay: Jefferson MRC and its partners began testing the feasibility of re-establishing an Olympia oyster population in Quilcene Bay in 2016. In 2018 the MRC will use an existing QAPP to collect data on current plantings and look for natural recruitment from scattered conspecifics. Shell stacks will be use to monitor natural recruitment, and survival and growth will be monitored to compare with previous results. Jefferson MRC will plant at least 30 additional bags of seeded cultch in 2018, to continue building the size of the oyster bed. 6.2 Discovery Bay: In Discovery Bay the MRC will continue to collect data on settlement and growth of Olympia oysters for a habitat enhancement project (clean cultch placed one quarter mile from an established Olympia oyster population). Jefferson MRC will prepare agency permits (federal, state and local) for placement of additional clean shell adjacent to the small original Olympia oyster population at the Maynard Beach area of Discovery Bay. In response to concerns about contaminants in Discovery Bay, the MRC will also sponsor a Mussel Watch site near the restoration site. This regional program detects heavy metals and other toxic chemicals from mussel tissue collected. Sampling will be done in winter 2017, with sample results reported in mid -2018. Task Goal Statement: The long-term goal of the project is the successful establishment of Olympia oyster beds in Quilcene Bay and Discovery Bay. The short-term goal is to monitor current placement and add more seeded cultch in Quilcene Bay, and prepare for future shell placement in Discovery Bay. Task Expected Outcome: The MRC and relevant co -managers will have adequate data to determine whether future restoration actions will be successful in Quilcene Bay. In Discovery Bay, the MRC will have a third year of data about establishment and growth of spat planted in 2014, and will have a baseline of parameters for water quality near the restoration site. Version 10/30/2015 Page 16 of 35 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Recipient Task Coordinator: Neil Harrington Olympia oyster restoration Deliverables Page 17 of 35 Number Description Due Date 6.1 Olympia oyster QAPPs for Discovery Bay and Quilcene Bay 10/30/2017 6.2 Olympia oyster progress report (including update on mussel watch) 01/10/2018 6.3 Olympia oyster progress report (including update on mussel watch and 04/10/2018 co ies of ermit applications for Discovery Ba 6.4 Olympia oyster progress report (including update on mussel watch, and 07/10/2018 images of delivered oyster seed for Quilcene Ba 6.5 Final report on Olympia oyster monitoring (including summary of 09/15/2018 Discovery Bay enhancement, Quilcene Bay activities, jpg photos, copies of data collected, and any media articles Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County BUDGET Funding Distribution EG180025 NOTE: 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 idents each budget. Funding Title: Puget Sound Partnership/EPA 2017-18 Funding Type: Grant Funding Effective Date: 10/01/2017 Funding Expiration Date: 09/30/2018 Funding Source: Title: Puget Sound Partnership/EPA 2017-18 Type: Federal Funding Source %: 100% Description: This award supports the operations and administration of the Northwest Straits Commission and Marine Resources Committees to build capacity of local ecosystem champions to contribute to the recovery and protection of Puget Sound. 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: Puget Sound Partnership Karin Berkholtz 360-999-3848 karin.berkholtz@psp.wa.gov 326 East D Street, Tacoma, WA 98421-1801 Puget Sound Action Agenda Technical Investigations and Implementation Assistance Program 66.123 CE -01J31901 No October 1, 2017 $1,600,000.00 $41,440.00 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 18 of 35 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Puget Sound Partnership/EPA 2017-18 Task Total MRC Operations $ 20,700.00 Citizen Science Monitoring Projects $ 500.00 Rain Gardens $ 10,385.00 Voluntary Eelgrass No Anchor Zones $ 2,000.00 Education and Outreach $ 2,675.00 Olympia oyster restoration $ 5,180.00 Total: $ 41,440.00 Version 10/30/2015 Page 19 of 35 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County BUDGET Funding Distribution EG180026 NOTE: The above funding distribution number is used to identify 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: Washington State 2017-19 Funding Effective Date: 10/01/2017 Funding Source: Title: Washington State 2017-19 Type: State Funding Source %: 100% Description: Washington State General Fund Funding Type: Grant Funding Expiration Date: 06/30/2018 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 Washington State 2017-19 Task Total MRC Operations S 16,270.00 Citizen Science Monitoring Projects $ 390.00 Rain Gardens S 8,160.00 Voluntary Eelgrass No Anchor Zones S 1,570.00 Education and Outreach $ 2,100.00 Olympia oyster restoration S 4,070.00 Total, $ 32,560.00 Version 10/30/2015 Page 20 of 35 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Fundine Distribution Summary Recipient / Ecology Share Page 21 of 35 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Puget Sound Partnership/EPA 2017-18 0.00 % $ 0.00 $ 41,440.00 $ 41,440.00 Washington State 2017-19 0.00 % $ 0.00 $ 32,560.00 $ 32,560.00 Total $ 0.00 $ 74,000.00 $ 74,000.00 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 [CE-01J3190I]. 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." 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 AGENCIES SUB -RECIPIENT agrees to comply with the cost principles of 2 CFR 200 Subpart E as appropriate to the award. In addition to the General Terms and Conditions "Indirect Cost Rate Agreements", if the recipient does not have a previously established indirect cost rate, it agrees to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII. Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County 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 sub-recipient(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 REQUIREMENTS 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 administration shall carry out applicable requirements of 40 CFR part 33 in the award 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. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS a. In order to comply with the FFATA, the Sub -Recipient shall complete the FFATA Data Collection Form (FFATA Data Collection Form, Exhibit E, Attachment 2) and return it to the AGENCY. The AGENCY will report basic agreement information, including the required DUNS number, for all federally -funded agreements at www.fsrs.gov. This information will be made available to the public at www.usaspending.gov. Sub -Recipients who do not have a DUNS number can find guidance at www.grants.gov. Please note that AGENCY will not pay any invoices until it has received the completed FFATA Data Collection Form. b. To comply with the act and be eligible to enter into this contract, your organization must have a Data Universal Numbering System (DUNS®) number. A DUNS® number provides a method to verify data about your organization. If you do not already have one, you may receive a DUNS® number free of charge by contacting Dun and Bradstreet at www.dnb.com. c. Any sub -recipient that meets each of the below criteria must also report compensation for its five top executives, using AGENCY's Federal Funding Accountability and Transparency Act (FFATA) Data Collection Form if the Version 10/30/2015 Page 22 of 35 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County sub -recipient meets the following criteria: • 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. • The public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(A) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78(d) or section 6104 of the Internal Revenue Code of 1986. See www.fsrs.gov for details of this requirement. If your organization falls into this above category, you must report the required information to AGENCY. 9. INTERNATIONAL TRAVEL (Including Canada) All International Travel must be approved by the Office of International and Tribal Affairs (OITA) BEFORE travel occurs. Even a brief trip to a foreign country, for example to attend a conference, requires OITA approval. Please contact your Partnership Project manager as soon as possible if travel is planned out of the country, including Canada and/or Mexico, so that they can submit a request to the EPA Project Officer if they approve of such travel. 10. 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 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=2004_register&docid=fr25 j n04-79.pdf. 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. 11. 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. 12. 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. 13. REIMBURSEMENT LIMITATION If SUB -RECIPIENT expends more than the amount of the Environmental Protection Agency (EPA) funding in this Version 10/30/2015 Page 23 of 35 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County 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. 14. 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 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 Project Officer may waive the requirement for a final performance report if the Project Officer deems such a report is inappropriate or unnecessary. 15. 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 sub -recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good 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. 16. 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 Version 10/30/2015 Page 24 of 35 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County 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. 17. 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 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. 18. UNLIQUIDATED OBLIGATIONS (ULO) Sub -recipients, and all sub-awardees of sub -recipients, if any, should manage their agreement and subaward funding in ways that reduce the length of time that federal funds obligated and committed to subaward projects are unspent (not yet drawn down through disbursements to sub -recipients and sub-awardees). 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 Page 25 of 35 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. Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Page 26 of 35 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. ,yov > 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 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 <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending_ ov <http://www usaspending gov/>. For more details on FFATA requirements, see www.fsrs.gov <hltp://www.fsrs.gov/>. Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 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:Hfortress.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. ECQLOGY 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. Page 27 of 35 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 and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. Version 10/30/2015 State of Washington Department of Ecology Page 28 of 35 Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 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 require approval by ECOLOGY prior to expenditure. 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/ContractingPurchasingBusiness/VendorPay/P*ages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@watech.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 applicable 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. Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County 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. 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 Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for each project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required the RECIPIENT shall: • Use ECOLOGY's QAPP Template provided by the ECOLOGY Program. Version 10/30/2015 Page 29 of 35 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Page 30 of 35 • Follow ECOLOGY'S Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The data must be successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENT, when requested by ECOLOGY, 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. 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 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. Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County 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 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 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 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. 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. Version 10/30/2015 Page 31 of 35 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County Page 32 of 35 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: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. 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. 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. Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County 22. RECOVERY OF FUNDS Page 33 of 35 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. 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 Version 10/30/2015 State of Washington Department of Ecology Page 34 of 35 Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County 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, except as noted below. 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, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. 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 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 Version 10/30/2015 V State of Washington Department of Ecology Agreement No: SEANWS-2017-JeCoWS-00003 Project Title: Jefferson County MRC Operations and Projects Recipient Name: Jefferson County 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 05/11/2017 Version 10/30/2015 Page 35 of 35