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HomeMy WebLinkAbout110617_ca07Public Healt 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford, Environmental Health Director Michael Dawson, Water Quality Manager DATE: I I + 0(0 12-01 �- Consent Agenda October 20, 2017 SUBJECT: Agenda Item — Professional Services Agreement — Hood Canal Coordinating Council; Upon signature — March 31, 2019; $27,000 STATEMENT OF ISSUE: Jefferson County Public Health, Water Quality Division, is requesting Board approval of the Professional Services Agreement — Hood Canal Coordinating Council; Upon signature — March 31, 2019; $27,000 ANALYSIS/ STRATEGIC GOALS/ PROS and CONS: This award is for implementation of Phase III of the Hood Canal Regional Pollution Identification and Correction Program (HCRPIC). The HCRPIC consists of Jefferson, Kitsap, and Mason Counties, the Port Gamble S'Klallam and Skokomish Tribes, working collaboratively to implement prioritized Pollution Identification and Correction (PIC) work throughout Hood Canal to help reduce bacterial and nutrient loading to increase harvestable shellfish acres in Puget Sound. Phase III includes regional coordination meetings, the creation of a Phase III workplan and funding for homeowner rebates for septic system maintenance inspections. Jefferson County Public Health has been an active participant in the first two phases of this project and this phase will allow us to continue this beneficial relationship. FISCAL IMPACT/COST BENEFIT ANALYSIS: This Professional Services Agreement adds $27,000 of revenue to Jefferson County Public Health to advance and continue PIC activities. There is no match requirement. RECOMMENDATION: JCPH management requests approval of the Professional Services Agreement — Hood Canal Coordinating Council; Upon signature — March 31, 2019; $27,000 REVIEWED BY: Philip Morley, CoLl Administr Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Zo � - V //� 7 Date Always working for a safer and healthier community Environmental Health Water Quality 360-385-9444 (f) 360-379-4487 PROFESSIONAL SERVICES CONTRACT AGREEMENT BETWEEN HOOD CANAL COORDINATING COUNCIL AND JEFFERSON COUNTY PUBLIC HEALTH THIS AGREEMENT is between Hood Canal Coordinating Council (HCCC), located at 17791 Fjord Drive, NE, Suite 122, Poulsbo, WA 98370, and Jefferson County Public Health (Consultant), with an address of 615 Sheridan Street, Port Townsend, WA 98368, and is made effective as of the date signed below by HCCC. HCCC and Contractor are also referred to as the "Parties" and each as a "Party." The Parties to this Agreement agree as follows: 1) DEFINITIONS. -- For purposes of this Agreement, the term — a) "Hood Canal Coordinating Council" means Hood Canal Coordinating Council, also referred to as HCCC, a Washington Corporation, and its members, directors, officers, employees and agents; b) "Consultant" means the Consultant and its directors, officers, employees, agents and subcontractors; and c) "Contract Representative" means the person designated below and incorporated by reference, to serve as representative of HCCC and the Consultant for purposes of administration of this Agreement. 2) SERVICES TO BE PERFORMED AND DELIVERABLES. --The Consultant agrees to provide services to HCCC, in accordance with applicable professional standards, as described in Exhibit A and the Funding Source Programmatic Conditions (if any), as described in Exhibit A. No work shall commence under this Agreement until it is fully executed by both Parties. 3) COMPENSATION. — a) Except as provided herein, HCCC agrees to pay Consultant on a monthly basis following receipt of an invoice documenting services rendered and costs incurred, in a manner and amount stipulated in Exhibit A. HCCC Contract Agreement Page 1 b) Consultant shall submit the final invoice, or any claims for payments not already made, no later than 30 days from the expiration or termination of the agreement. i) HCCC may, at its sole discretion, retain up to 10 percent of the amount otherwise due and owing under each invoice until Consultant completes all work described in Exhibit A, or otherwise authorized by HCCC. HCCC shall notify Consultant of the amount retained and deposit the retained amount in an interest-bearing account. HCCC shall release the amount retained, together with earned interest, not later than 30 days after receipt of a final invoice and acceptance of HCCC of all work authorized. ii) HCCC may, at its sole discretion, retain an amount otherwise due and owing under each invoice until Consultant provides HCCC with evidence that the Consultant has paid industrial insurance premiums for its employees and/or is in compliance with state industrial insurance requirements. c) Allowable Costs. — i) Travel Expenses. -- HCCC agrees to reimburse Consultant up to the amount stipulated in Exhibit A for travel expenses (including per diem) from Consultant's home or principal place of business to meeting sites. HCCC shall reimburse Consultant for travel expenses in accordance with federal travel regulations. Payment for expenses over the category amount will not be honored without prior approval of HCCC's Contract Representative. ii) Other Expenses. -- HCCC agrees to reimburse Consultant for miscellaneous expenses specified in Exhibit A, provided those costs are allowable under the Federal Cost Principles set forth in the OMB Uniform Guidance, 2 CFR Part 200. Any request over the category amount will not be honored without prior approval by HCCC's Contract Representative. d) Unallowable Costs. -- i) Management fees or similar charges in excess of the direct costs are not allowable. ii) If Consultant expends more than the amount of its approved budget in anticipation of receiving additional funds, it does so at its own risk. HCCC is not legally obligated to reimburse Consultant for costs incurred in excess of the approved budget. e) Invoice. -- Consultant's invoice shall indicate dates of service, a description of work performed, and time spent on that date in providing service under this Agreement. The invoice shall include travel claims for travel expenses incurred by Consultant in connection with performance under this Agreement. The HCCC Contract Agreement Page 2 invoice shall provide a progress report describing all activities accomplished for the period being invoiced. i) Invoices should be sent to the Accountant at the HCCC address listed below via U.S. Postal Service or email (not both). ii) Invoices must be submitted by a representative of the Consultant who has the Consultant's full authority to render such reports and requests for payment and certify to the following at time of submission: By signing this payment request, I certify to the best of my knowledge and belief that the payment request is true, complete, and accurate. The expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Agreement. 1 am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. 18 USC 1001 and 31 USC 3729-3730 and 3801-3812. 4) TERM. -- The term of this Agreement commences on the effective date, the date the agreement is signed by the HCCC Executive Director below, and continues until March 31, 2019 as stipulated in Exhibit A, or until terminated by the Parties. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, HCCC may terminate the contract under the "Term" clause without a notice requirement. 5) SUBCONTRACTING. — Consultant may not subcontract without prior written approval by the HCCC. 6) TRAINING. -- Consultant acknowledges that no training will be provided to Consultant under this Agreement. Consultant warrants and represents that its personnel are fully trained to perform services required under this Agreement and that additional training provided by HCCC will be unnecessary. 7) BUSINESS LICENSES AND TAXES. -- a) Consultant shall, at its own expense, secure and maintain in full force and effect during the term of this Agreement all required licenses, permits, and similar legal authorization, and comply with all applicable Federal, State and local regulations. b) Consultant shall be responsible for payment of taxes, insurance and other obligations relating to its performance of services under this Agreement. Consultant shall provide HCCC with verification of its — i) Unified business identifier number from the State of Washington and that its business license is in good standing; HCCC Contract Agreement Page 3 ii) Washington State Department of Revenue account and that the account is in good standing; iii) Washington State Labor and Industries account and that the account is in good standing or that the Consultant is exempt from the state's industrial insurance requirements; iv) Data Universal Numbering System (DUNS) number; and v) Central Contractor Registry (CCR) through SAM.gov. c) All other necessary licenses and permits to perform the work specified in Exhibit B. 8) INDEPENDENT CONSULTANT STATUS. -- a) Consultant shall act as an independent Consultant, and in no way shall be considered an employee of HCCC. Consultant is not required to report to HCCC's offices at any specific time, except as requested for occasional consultations. HCCC does not have the right to assign any additional projects to Consultant. Consultant shall choose the time and manner for performing each part of the services described in Exhibit A according to its own routines and schedules, independent from HCCC's normal business operations. b) Consultant acknowledges that Consultant will not qualify for benefits which may be available if classified as an employee. In the event that the Internal Revenue Service (IRS) successfully asserts that Consultant is not or was not an independent Consultant for any period during the term of this Agreement and reclassifies Consultant as an employee, Consultant agrees to complete, sign and deliver IRS Form 4669 (Employee Wage Statement) to HCCC for any tax period affected. HCCC shall then file the Form 4669 with the IRS (along with IRS Form 4670 "Request for Relief From Payment of Income Tax Withholding") to offset against HCCC's withholding obligation. c) Consultant acknowledges that it will be liable to HCCC for any industrial insurance premiums or any other premiums or fees that HCCC is required to pay on its behalf under RCW 51.12.070, or any other applicable statute, regulation or ordinance, to the State of Washington or local jurisdiction. 9) NON-EXCLUSIVE CONTRACT. -- This Agreement is non-exclusive. Consultant reserves the right to perform services for others during the term of the Agreement. 10) MATERIALS AND EQUIPMENT. -- Consultant shall provide all materials and equipment necessary to perform its obligations under this Agreement: Provided, however, that Consultant may use office equipment located in the offices of HCCC, as available, and provided however, that if "Other Expenses" have been awarded as part of this agreement, HCCC may purchase said supplies and services on behalf of the Consultant as part of this Agreement. HCCC Contract Agreement Page 4 11) INDEMNIFICATION. -- a) To the fullest extent permitted by law, Consultant hereby indemnifies and holds HCCC harmless from any and all loss, damage, suits, liability, claims, demands or costs, whatsoever, whether arising at law or in equity, or sounding in tort, contract or other causes of action arising from any claim or liability resulting from Consultant's performance of services described in Exhibit A under this Agreement, except to the extent caused by the negligence of HCCC. b) Consultant hereby indemnifies and holds HCCC harmless from any additional taxes, interest and penalties due from Consultant or HCCC resulting from reclassification in the event the IRS or any state or local taxing authority successfully asserts that Consultant is not or was not an independent Consultant for any period during the term of this Agreement and reclassifies Consultant as an employee. 12) INSURANCE. -- Consultant shall provide HCCC with a certificate of insurance for each insurance provision required in this section. The certificate of insurance shall be effective during the duration of this agreement. HCCC may require that the certificate of insurance name HCCC as an additional insured party. Consultant shall also require all of its subcontractors to maintain the same type and level of insurance as required in this section and provide certificates of insurance to HCCC as required in this section. Consultant shall, at its own expense, acquire and maintain the following insurance throughout the term of the Agreement: a) Commercial Automobile Liability Insurance covering all owned, non -owned and hired automobiles, trucks and trailers. Such insured shall provide the Standard Comprehensive Automobile Liability policy in limits not less than $1,000,000 Combined Single Limit; b) Commercial General Liability Coverage Insurance, with not less than the following limits: $1,000,000 for each occurrence limit, $1,000,000 for personal injury limit, $2,000,000 general aggregate limit; c) Professional Liability Insurance in an amount not less than $1,000,000 per claim and in the aggregate; and d) Workers' Compensation and Employer Defense Insurance as required by statute and employer liability coverage, with not less than the following limits: $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease and $1,000,000 policy limit for bodily injury by disease. e) Notwithstanding the forgoing, Contractor maintains a system for self-insurance that meets the requirements of this section 12. HCCC Contract Agreement Page 5 13) CONFIDENTIALITY. -- Information produced or made available to the Consultant shall not be disclosed to others or used for any other purpose, except as required under this contract, without prior written approval by HCCC. 14) OWNERSHIP OF PRODUCTS PRODUCED UNDER THIS CONTRACT. -- All data and products developed under this contract, excluding copyrighted material used with permission, or other public data that cannot be copyrighted, shall become the sole property of the HCCC and its assigns. Permission for its subsequent use must be obtained from the HCCC prior to that use. Any alteration of the data by HCCC for purposes other than those intended by this Agreement shall be at HCCC's sole risk and without legal liability upon the Consultant. 15) PUBLICITY AND ACKNOWLEDGEMENT OF SUPPORT. -- a) Consultant gives HCCC the right and authority to publicize HCCC's financial support for this Agreement and the Project in press releases, publications and other public communications. Consultant agrees to: (i) give appropriate credit to HCCC and any Funding Sources identified in this Agreement for their financial support in any and all press releases, publications, annual reports, signage, video credits, dedications, and other public communications regarding this Agreement or any of the project deliverables associated with this Agreement, subject to any terms and conditions below; and (ii) include the disclaimer provided for in (b). Consultant must obtain prior HCCC approval for the use relating to this Agreement of the HCCC logo or the logo of any Funding Source. b) Disclaimers. -- Payments made under this Agreement do not by direct reference or implication convey HCCC's endorsement nor the endorsement by any other entity that provides funds through this Agreement, including the U.S. Government, as applicable, for the Project. All information submitted for publication or other public releases of information regarding this Agreement shall carry the following disclaimer: i) For Projects funded in whole or part with Federal funds: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government or the Hood Canal Coordinating Council and its funding sources. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government, or the Hood Canal Coordinating Council or its funding sources." ii) For Projects not funded with Federal funds: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions of the Hood Canal Coordinating Council or its funding sources. Mention of trade names or commercial HCCC Contract Agreement Page 6 products does not constitute their endorsement by the Hood Canal Coordinating Council or its funding sources." 16) INSPECTION AND RETENTION OF RECORDS. -- The Consultant shall make all applicable financial records, supporting documents, and all other pertinent records related to this Project, available to HCCC, the State of Washington, the U.S. Government or any of their duly authorized representatives, for inspection. Records shall be retained for a period of six years after final payment under this Agreement has been made. If any litigation, claim or audit is started before expiration of the six- year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 17) NONDISCRIMINATION. -- By signing this Agreement, the Consultant certifies that it is an Equal Opportunity Employer and in compliance with all state and federal nondiscrimination requirements. The Consultant agrees to continue to be in compliance with all state and federal nondiscrimination requirements. Consultant agrees to comply fully with applicable civil rights statutes and regulations, including Title IV of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the American Disabilities Act. 18) COMPLIANCE WITH COPELAND "ANTI -KICKBACK" ACT. -- Consultant is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled and remain in compliance with 18 U.S.C. 874 and 40 U.S.C. 276c. 19) PREVAILING WAGE. -- The Consultant agrees to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract when required by state law to do so, and to comply with provisions of the Davis -Bacon Act (40 USC 3141-3148), Contract Work Hours and Safety Standards Act (40 USC 3701-3708), other federal laws and Chapter 39.12 RCW, as amended, and the rules and regulations of the Department of Labor and Industries. 20) APPLICABLE LAW. -- This Agreement shall be construed and enforced under the laws of the State of Washington, irrespective of the fact that any one of the Parties is now or may become a resident of another state. Venue for any action under this Agreement shall lie in Kitsap County, Washington. 21) MODIFICATION. -- This Agreement may not be waived, discharged or modified in any manner other than by written agreement of the Parties. 22) SEVERABILITY. -- No provision of this Agreement is severable from any and all other provisions of this Agreement. Should any provision or provisions of this Agreement be unenforceable for any reason, the party finding itself unable to enforce said provision(s) may, at its sole discretion, declare this entire Agreement to be null and void. HCCC Contract Agreement Page 7 23) TERMINATION. -- Either party may terminate this Agreement with 30 days written notification to the other party. 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. If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. HCCC shall have the right to terminate this Agreement in whole or in part at any time, if the Funding Source issues an early termination under the funding agreement(s) covering all or part of the Project at issue hereunder. 24) WAIVER. -- If either party fails to exercise its rights under this Agreement, it shall not be precluded from subsequent exercise of its rights. A failure to exercise rights shall not constitute a waiver of any other rights under this Agreement, unless stated in a letter signed by authorized representative of the party and attached to the original agreement. 25) COSTS AND ATTORNEYS FEES. -- If either party brings any action against the other for relief, declaratory or otherwise, arising out of this Agreement, the prevailing party shall recover against the other party all costs and reasonable attorneys' fees, including costs and reasonable attorneys' fees incurred to enforce any judgment rendered pursuant to this Agreement. 26) CERTIFICATIONS AND ASSURANCES RELATING TO FEDERAL FUNDS (if applicable). -- If the Funding Source, including any secondary funding source, is paid with federal funds, the Consultant must comply with the following. a) Uniform Guidance. -- Consultant must comply with the Uniform Guidance (2 CFR Part 200) to the extent applicable to Consultant as a non -Federal entity receiving a federal award. With respect to cost principles: Non -Profit Organizations, Institution of Higher Education, State, Local or Tribal Government, must comply with the Cost Principles of the Uniform Guidance, 2 CFR Part 200; and Commercial (for-profit) organizations must comply with Title 48 Chapter 1 Subchapter E Part 31. No funds provided pursuant to this Agreement may be used to support any activities not authorized under this Agreement or allowable under the Federal Cost Principles set forth in the OMB Uniform Guidance. b) Audit Requirements. -- Consultant may be required to comply with the Federal Audit Requirements found in 2 CFR 200.500 (formerly OMB Circular A-133). c) Lobbying and Litigation (2 CFR 200.450). -- HCCC Contract Agreement Page 8 i) No funds under the Agreement maybe used to engage in lobbying of the Federal Government or in litigation against the U.S. unless authorized under existing law. ii) New Restrictions on Lobbying. -- In any subcontract over $100,000, Consultant shall require that subcontractors submit certification and disclosure forms in accordance with the Byrd Anti -Lobbying Amendment, 31 USC 1352. Any consultant who makes a prohibited expenditure or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. d) Debarment and Suspensions. -- Unless Consultant has submitted a written justification fourteen (14) days prior to execution of this Contract, stating the reason that this term does not apply, which has been expressly accepted and approved by HCCC prior to execution, by signing this Agreement, Consultant warrants and represents its initial and continued compliance that it is not listed on the General Services Administration's, government -wide System for Award Management Exclusions (SAM Exclusions), in accordance with the OMB guidelines at 2 C.F.R Part 180 that implement E.O.s 12549 (3 C.F.R., 1986 Comp., p. 189) and 12689 (3 C.F.R., 1989 Comp., p. 235), "Debarment and Suspension." The Consultant further provides that it shall not enter into any subaward, contract or other Contract using funds provided by HCCC with any party listed on the SAM Exclusions in accordance with Executive Orders 12549 and 12689. The SAM Exclusions can be found at SAM.gov. e) Drug -Free Workplace Certification, -- Consultant shall make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in CFR Part 1536 Subpart B. Consultant shall identify all known workplaces under this Agreement, and keep this information on file during the performance of the Agreement. Consultants who are individuals must comply with the drug-free provisions set forth in 2 CFR Part 1536 Subpart C. The consequences for violating this condition are detailed under 2 CFR Part 1536 Subpart E. f) Trafficking; in Persons. -- Pursuant to section 106(a) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g)) (codified at 2 C.F.R. Part 175), Consultant shall comply with the below provisions. Further, Consultant shall flow down these provisions in all subcontracts, including a requirement that subcontractors similarly flow down these provisions all lower -tiered subcontracts. The provision is cited herein: 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. HCCC Contract Agreement Page 9 "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 focused 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. g) Reducing Text Messaging while Driving, Executive Order 13513. -- Consultant is encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order. h) Disadvantaged Business Enterprise. -- Consultant agrees to good faith efforts whenever procuring construction, equipment, services and supplies in compliance with the requirements of EPA's Program of Utilization of Small, Minority and Women's Business Enterprise. 40 CFR 33. i) Additional Res onsilAlit Matters. -- By signing this Agreement, Consultant warrants and represents that it is not subject to any of the below circumstances. i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an Contract with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or ii) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. j) Certification and Representation. -- Consultant must submit those certifications and representations required by Federal statutes, or regulations to HCCC on an HCCC Contract Agreement Page 10 annual basis. Submission may be required more frequently if the Consultant entity fails to meet a requirement of a Federal award. 27) COUNTERPARTS. -- This Agreement may be executed in counterparts, after execution by all Parties hereto, shall together constitute the Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the day and year below. Hood Canal Coordinating Council For: Jefferson County Public Health Scott Brewer, Executive Director Jefferson County Commissioner Approved as to form: Or - I I I -f— to A V/0 Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney This Agreement is made effective as of the date signed by the HCCC Executive Director on the day of 2017 HCCC Contract Agreement Page 11 EXHIBIT A Independent Consultant Scope of Services Project Title: HCRPIC Phase III CONSULTANT: JEFFERSON COUNTY Description of Services The following Overview and Goals and Objectives sections are excerpted from HCCC's base grant with DOH (N22515), executed April 1, 2017 to March 31, 2019. OVERVIEW The Hood Canal Regional Pollution Identification and Correction Program (HCRPIC) consists of Jefferson, Kitsap, and Mason Counties, the Port Gamble S'Klallam and Skokomish Tribes, working collaboratively to implement prioritized Pollution Identification and Correction (PIC) work throughout Hood Canal to help reduce bacterial and nutrient loading to increase harvestable shellfish acres in Puget Sound. The project will primarily address fecal pollution and associated pathogens. As fecal pollution sources are corrected, less nutrients and organic materials, associated with human and animal waste, will enter Hood Canal. That will result in less oxygen demand to break down algae blooms resulting from excess nutrients and the organic materials in waste. Hood Canal Regional PIC Program implementation will identify and correct pathogen sources. The resulting water quality improvements will help achieve the Puget Sound Partnership's Vital Sign recovery target to increase harvestable shellfish acreage. This award is for implementation of Phase III of the HCRPIC program. Phase III incorporates new aspects to the HCRPIC program to improve its effectiveness, the biggest of which is the addition of freshwater quality monitoring to the suite of water quality information used to identify pollution sources and pursue corrections. Phase III will enable the continued implementation of HCRPIC activities until the end of the 2016 Action Agenda NTA period, March 2019. Phase III includes: shoreline surveys in priority Hood Canal shoreline areas; pollution hotspot investigation and correction; nutrient studies to further Phase II studies; updated GIS mapping of onsite sewage systems (OSS) in Hood Canal; outreach and education to Hood Canal OSS property owners and decision makers; and ambient stream water quality monitoring. BACKGROUND: There are eighteen shellfish growing areas in the Hood Canal Action Area. As of 2014, the Hood Canal Action Area had 27,080 acres of approved growing areas, 72 acres with conditional approval, and about 1,600 acres of prohibited or restricted growing area. Washington State Department of Health (DOH) has identified several emergency closure zones, threatened areas, and areas of concern based on marine water quality data. There are close to 30,000 onsite sewage systems (OSS) in the project area, many in close proximity to waterbodies and approximately one third of the systems are over 30 years old. PIC programs have been essential to maintain and improve water quality and will continue to be vital for the health of Hood Canal HCCC Contract Agreement—Exhibit A Page 12 and its communities. Phases I and II of the HCRPIC program developed and then implemented a coordinated PIC monitoring plan with the goal to upgrade shellfish harvest areas and prevent future downgrades in Hood Canal priority areas. Phase II priority shoreline areas were determined by HCRPIC members using current water quality monitoring information to identify the most important shoreline areas to survey. The prioritization of shoreline areas will be updated annually as new data emerges. Phase II continues until March 31, 2017. Its outcomes will inform the identification of future priority shoreline areas for Phase III and recommendations for ongoing phases of the program. GOALS & MEASURABLE OBJECTIVES This table simply summarizes key deliverables and measures called out in the tasks below. This table is a component of the FEATS report. Upgrade 16.5 acres from Conditionally Approved to Approved in the Big Bend area of Hood Canal 6 Respond to upcoming downgrade in Hood Canal 3 Reopen all closed parcels due to elevated bacteria in drainages or due to failing onsite septic systems Upgrade 50 acres from Prohibited to Approved in the Hoodsport area of Hood Canal 6 Number of hotspots identified in Kitsap County Number of hotspots identified in Mason County Number of site inspections completed in watersheds draining to priority shoreline areas in Mason County Number of site inspections completed in watersheds draining to priority shoreline areas in Kitsap County Number of OSS failures identified in Kitsap County Number of OSS failures corrected in Kitsap County � Number of OSS failures identified in Mason County Number of OSS failures corrected in Mason County Number of livestock problems identified in watersheds draining to Threatened or recently downgraded DOH Shellfish WQ stations in Kitsap County Number of livestock problems corrected in watersheds draining to Threatened or recently downgraded DOH Shellfish WQ stations in Kitsap County Acres 1 16.5 Acres 160 Parcels 31 Acres 1 50 Hotspots Unknown (will be reported quarterly) Hotspots Unknown (will be reported quarterly) Parcels 100 Parcels 1 10 OSS failures 1 1 4 OSS corrected OSS failures OSS corrected 4 Ag. problems Unknown (will be reported quarterly) Ag. Unknown (will be corrections reported quarterly) HCCC Contract Agreement —Exhibit A Page 13 Number of livestock problems identified in watersheds Ag. problems Unknown (will be draining to Threatened or recently downgraded DOH reported quarterly) Shellfish WQ stations in Mason County Number of livestock problems corrected in watersheds Ag. Unknown (will be draining to Threatened or recently downgraded DOH corrections reported quarterly) Shellfish WQ stations in Mason County Area of surveys conducted in priority shoreline areas Miles TBD in Phase III in Kitsap County Workplan Area of surveys conducted in priority shoreline areas Miles TBD in Phase III in Mason County _ _ Workplan Number of priority streams in Hood Canal sampled Monitoring 200 with ambient stream monitoring events Update GIS mapping Updates 1/Phase Report 1 Report of follow-up investigations on Phase II Nutrient loading study recommendations Report of HCRPIC Outreach & Education conducted to Report 1 shoreline property owners & decision -makers Tasks & Deliverables — TASK 2: IMPLEMENT HCRPIC PROGRAM: PHASE III The following tasks & deliverables are unique to each sub -recipient. The task numbers correspond with the DOH base grant SOW. 2.1: Project Coordination HCRPIC partners will work collaboratively to establish priority areas for shoreline monitoring and sanitary surveys, targeting areas of known pollution hotspots, or facing shellfish growing area downgrades. HCRPIC partners will share information and ideas, make collaborative decisions, and help guide HCRPIC Program's direction. This task includes: collaboration with program partners to establish shared protocols, work flows, and the Phase III Workplan, preparation of invoices and progress reports for project coordinators, coordination of County staff on work toward Phase III objectives, coordination with landowners within the project area, upkeep and quality assurance of program data, data reporting, and contributions to program deliverables, including quarterly and final reports, outreach materials, etc. Project partners may participate in DOH -sponsored PIC workshops and other trainings/events (subject to project coordinator approval) to share information and resources (maximum of two events per recipient). 2.1.1 Coordinate implementation of HCRPIC Phase III Workplan Coordinate implementation of HCRPIC in your jurisdiction following HCRPIC protocols described in the HCRPIC Guidance Document and the project QAPP. Monitor spending and progress toward deliverables. HCCC Contract Agreement —Exhibit A Page 14 a) Submit monthly invoices and progress reports (using HCRPIC Program templates) by the 15th of the following month. Communicate any concerns to HCRPIC Coordinators that progress is not on track. Bill costs accordin Invoice Tasks Description to the table below: 2.1: Project Include total costs for all administrative/coordination tasks 2.1.1 - Coordination 2.1.5, and support for other HCRPIC tasks, including outreach efforts (2.5.1), and GIS mapping (2.3) 2.5: Outreach Include total costs of maintenance voucher administration (2.5.2) >> HCRPIC Progress Report template linked here Invoices will be reimbursed upon satisfactory progress and reporting on the deliverables within each payment period. — Send invoices via mail or e-mail to Tom Gioshi (tpioshi@hccc.wa.eov) Send progress reports (via email) to Haley Harguth (hharguth hccc.wa.gov) b) Monitor program spending and communicate any concerns that spending projections are not on track per the HCRPIC Phase III Workplan. Submit quarterly spending updates to HCCC using template provided. >> HCRPIC Quarterly Spending Report template linked here Deliverables: Task Deliverable Description 2.1.1.a Monthly invoices & progress reports 2.1.1.b Quarterly spending updates 2.1.2 HCRPIC Guidance Group Meetings Due Date 15thday of following month Jan 20, 2018 Apr 20, 2018 July 20, 2018 Oct 20. 2018 Jan 20, 2019 — Attend quarterly HCRPIC Program Guidance Group meetings (7-8 meetings) — Provide updates on implementation progress, and progress toward deliverables — Present hotspots for consideration of closure to the HCRPIC Guidance Group, following hotspot closure protocol described in HCRPIC Guidance Document Deliverables: HCCC Contract Agreement —Exhibit A Page 15 Task 2.1.2 Deliverable Description Due Date Attend quarterly HCRPIC Guidance Group meetings Oct/Nov 2017 Dec/Jan 2017 Mar/Apr 2018 Jun/Jul 2018 Sep/Oct 2018 Dec 2018 (?) 2.1.3 HCRPIC Phase III Workplan Work with project coordinators and partners to develop HCRPIC Phase III Workplan for your jurisdiction. The Phase III Workplan will be informed by data from the HCRPIC Program Phase II results and GIS analysis, current water quality information gathered from county health jurisdictions and tribes, and monitoring data and recommendations from Washington State Department of Health technical staff. The Workplan will identify current priority shoreline areas and ambient freshwater streams, where HCRPIC monitoring will be targeted. It will also outline tasks to build upon supporting work conducted in Phase II, including implementation of the outreach and education plan recommendations, and the results of the nutrient study. The Phase III Workplan will outline any changes to HCRPIC Program procedures for data collection, PIC hotspot investigations, and reporting, including the enforcement process and timeline, and protocol for communication of public health risks. Task 2.2. field work activities cannot begin until the HCRPIC Phase III Workplan is completed. Deliverables: Task Deliverable Description Due Date 2.1.3 HCRPIC Phase III Workplan Nov 30, 2017 2.1.4 Data Reporting Submit field work data to project coordinators every quarter, using the HCRPIC cumulative data report template. Data reported to the HCRPIC Program should include all PIC field work performed in Hood Canal funded by the HCRPIC Program grant, as well as other funding sources, in order to provide a comprehensive report of all Hood Canal PIC efforts across jurisdictions. Data is expected to be thoroughly reviewed by the submitter for quality assurance and quality control prior to it being submitted. >> HCRPIC Cumulative Data Report template linked here Deadlines for data submission will be one week prior to each quarterly Guidance Group meeting. The data will also be verbally reported by each partner at the Guidance Group meeting, to enable discussion with project partners of field work results and investigation HCCC Contract Agreement — Exhibit A Page 16 and correction strategies. The data submission deadlines will be set by HCRPIC Program Coordinators as each Guidance Group meeting is scheduled. Final Cumulative Data Reports will be submitted to project coordinators after field work is completed to prepare for analysis, mapping, and EPA STORET data entry. All data collected that is funded by this grant must be shared with state and federal agencies upon request. Deliverables: Task Deliverable Description 2.1.4 Quarterly Cumulative Data Reports Final Cumulative Data Report 2.1.5 PIC Workshops/Trainings Due Date One week prior to each Guidance Group meeting. Dec. 31, 2018 — Attend HCRPIC Field Training Workshop. The HCRPIC members will participate in a field training and data reporting workshop addressing HCPRIC protocols and procedures. The workshop will be held in the first quarter after contract agreements are in place. Project coordinator and at least one field staff participating in HCRPIC Program activities should attend the training. — Attend additional PIC -related workshops/trainings (optional). Must obtain prior - approval from grant coordinator (HCCC). A maximum of two workshops or training events may be attended per sub -recipient, or two people may attend a single event. Deliverables: Task 2.1.5 activities will be reported in monthly progress reports (Task 2.1.1.a). Task Deliverable Description Due Date 2.1.5 Attend HCRPIC Field Training Workshop TBD Attend optional PIC -related workshops or trainings Optional (until Mar 31, 2019) (must obtain prior approval) 2.3: HCRPIC Phase III Maps HCRPIC Phase III Maps will be prepared by a GIS contractor. All support for HCRPIC mapping efforts (i.e. review of draft products) should be charged to task 2.1. 2.5: HCRPIC Outreach & Education 2.5.1 Coordinated HCRPIC Outreach & Education HCCC Contract Agreement —Exhibit A Page 17 Support or assist HCRPIC coordinated outreach efforts as needed and with prior approval of the HCRPIC grant coordinator (HCCC). Any work supporting or assisting HCRPIC coordinated outreach efforts should be charged to task 2.1. 2.5.2 OSS Maintenance Vouchers Provide rebates to inspect septic tanks and/or install risers on septic tanks in priority Hood Canal areas. The rebates are designed to provide homeowners with incentives to conduct OSS maintenance and prevent pollution leaks. The Hood Canal Regional PIC guidance group proposes to provide up to $250 rebates for priority properties in the Hood Canal Action Area for septic tank inspection, required tank pumping, operation and maintenance, and tank riser installation. Phase III vouchers would be offered to areas that have not historically received them, to target new property owners who have not had their OSS serviced in many years. Criteria will be established in the Phase III Workplan to determine which areas will be targeted for vouchers. Report on OSS Maintenance Vouchers administered in monthly progress reports, include running total of vouchers administered, remaining funds, and any outcomes (e.g. number of parcels with no previous records, failures or violations repaired, etc.). Vouchers may be administered up until February 15, 2019. Deliverables: Task Deliverable Description Due Date 2.5.2 HCRPIC OSS Maintenance Vouchers Report (in monthly Monthly, until Feb 15, progress report) 2019 HCCC Contract Agreement—Exhibit A Page 18 Summary Deliverables Table Task Deliverable Description Due Date 2.1.1.a Monthly invoices & progress reports 15' day of following month 2.1.1.b Quarterly spending updates Jan 20, 2018 Apr 20, 2018 July 20, 2018 Oct 20. 2018 Jan 20, 2019 2.1.2 Attend quarterly HCRPIC Guidance Group meetings Oct/Nov 2017 Dec/Jan 2017 Mar/Apr 2018 Jun/Jul 2018 Sep/Oct 2018 { Dec 2018 (?) 2.1.3 HCRPIC Phase III Workplan Nov 30, 2017 2.1.4 Quarterly Cumulative Data Reports One week prior to each Guidance Group meeting. Final Cumulative Data Report Dec. 31, 2018 2.1.5 Attend HCRPIC Field Training Workshop TBD Attend optional PIC -related workshops or trainings (must obtain Optional (until Mar 31, prior approval) 2019) y 2.5.2 HCRPIC OSS Maintenance Vouchers Report (in monthly progress Monthly, until Feb 15, report) 2019 I HCCC Contract Agreement —Exhibit A Page 19 u '+ 1 kD N r to _ C U 00 � jp lD ,A � N 4f)- co /? q) Y mIA o m 1 m` u° r+ c N fIA o O r F- u m v* ai t N N (A a � c t%? On Y ct F- N vOi o 0 0 N rl N N Oq O O O to t/} vi- vi - N O O O I;t O O O Ln N N W An O Oj V O LO t/► o lO N O41 _ 0 O U U (o C 0 N to 0 N to Or U � O U W 'a_ vtoQ oC v'► U x EA - u E cLo a T m c 3 CA L c m v v C Z O O Oj V O LO t/► o lO N 0 Ln yCq 0 0 0 N t/} 0 N to 0 N to 0o W4 co N. 46 O 0 L iA O O O O V/ to O O O Go O O O O Lr Lr tll t0 p N uH1 N ei tD t/? t/} -Ln m m Vm -Ln V)- u1 O O O 000 m N t0 Ln rn L o-0 0 0 0 ton M. O N N LO t/1 in to -.4 4 4A �/: t N O O O O � tp O rN' In O O O' 0 N t� O O O O r -I O O to O O O O O O O� O C'i lN0 � m rn ool, o o Lr cn Ln C14 4 00 ,-q � tN/? t% U) c rn ,Ni as Ln rl 00 N r- O � yam/} tom/? -V) - 4A. H C O- O CL H n 0 E E C C f0 32 cu m N 7g O U C ? W N 0 ~ M m C u p C L L U .0 r tj r C p p O 0 c U E c U in H W r o_ i O c E m E U OO ;0 O Q p Fp C7 O O- i c Y h G ° °' m ° m— 7 c 7 ' o o + �7YVI �n a Ol U N cu YYI Y -Wi 2 d Y V 0 N to cz ��11 I—I SO on HCRPIC Phase III Budget–Jefferson County Task 2.1: Project Coordination $14,357.52 Personnel hours rate Michael Dawson 40 $44.62 $1,784.80 Susan Parke 80 $35.20 $2,816.00 Anna Bachmann 86 $32.72 $2,813.92 Tim Weissman 86 $31.73 $2,728.78 Brad Stone 8 $31.79 $254.32 Laura Tucker 8 $33.51 $268.08 Tami Pokorny 8 $40.74 $325.92 Task 2.1 personnel subtotal 316 $10,991.82 Indirect 30.62% $3,365.70 Task 2.5: HCRPIC Outreach & Education $ 12,590.04 Personnel hours rate Linda Atkins 12 $45.56 $546.72 Denese Schauer 42 $32.88 $1,380.96 Task 2.5 personnel subtotal 54 $1,927.68 Indirect 30.62% $590.26 Other Costs 0&M Vouchers $ 7,500.00 Postage $ 92.00 Other printing $ 119.00 Task 2.5 other subtotal $ 7,692.00 Indirect 30.62% $2,361.11 Sub -totals Personnel Total $ 12,919.50 Other Costs Total $ 7,711.00 Travel PIC workshop $ 40.00 Indirect Costs 30.62% $ 6,329.31 Grand Total $ 27,000.00 check sum $ 26,999.81 HCCC Contract Agreement—Exhibit A Page 21 Compensation: The Consultant shall be compensated under this agreement in an amount not to exceed: $27,000. Submit monthly invoices to the Accountant by the last day of the following month. Expenses are payable with prior authorization from HCCC project manager, and contingent upon satisfactory progress reporting toward completion of project deliverables. Consultant shall submit the final invoice, or any claims for payments not already made, no later than 30 days from the expiration or termination of the agreement. Progress Reporting: See Task 2.1.1. Consultant will submit progress reports each Month by the 15th of the following month to accompany invoices. A progress report template is provided. Submit progress reports to the project manager. Travel: If claiming mileage Consultant will submit HCCC Mileage Report for Reimbursement (provided) with invoice. Mileage and travel costs will be reimbursed at current federal rates or allowances. Contract Duration Date: The effective date is the date the contract is signed by the Executive Director and ends March 31, 2019. Consultant Checklist: Consultant will complete and provide requested information on Exhibit B. Contract Representatives: Scott Brewer, Executive Director Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 122 Poulsbo, WA 98370-8430 sbrewer@hccc.wa.gov 360-394-0046 HCCC Project Manager: Haley Harguth, Watershed Planning and Policy Coordinator Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 122 Poulsbo, WA 98370-8430 hharguth@hccc.wa.gov 360-328-4625 HCCC Contract Agreement—Exhibit A Page 22 Accountant: Tom Goishi Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 122 Poulsbo, WA 98370-8430 tgoishi@hccc.wa.gov 360-394-0045 Consultant Representative(s): Vicki Kirkpatrick Jefferson County Public Health Director Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 vkirkpatrick@co.jefferson.wa.gov 360-385-9400 Project Manager: Mike Dawson, Water Quality Manager Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 mdawson@co.jefferson.wa.gov 360-385-9444 HCCC Contract Agreement—Exhibit A Page 23 EXHIBIT B PROFESSIONAL SERVICES CONTRACT CONSULTANT CHECKLIST Consultant is a Subrecipient or a Contractor (Consultant): According to GSA -CX -1.8: Subrecipient and Contractor Determination guidelines, HCCC has determined that you are a Contractor. UBI No. 161 001 169 Federal Tax ID No. 91-6001322 Provide Data Universal Numbering Systems (DUNS) number (if consultant's business has one): 184 826 790 Provide copy of business card (if independent consultant). N/A Consultant Type: Local government Funding Source/Type: Environmental Protection Agency and Washington Department of Health (DOH) Funding Source Name: Puget Sound Action Agenda: Technical Investigations and Implementation Assistance Program Federal Award ID Number: PC01J18001-0 DOH Contract Number: N22515-0 Catalog of Federal Domestic Assistance No. (CFDA): 66.123 DBE Program Reporting (indicate as appropriate): Owned and Managed as Disadvantaged Business: ❑ Women Owned Business Enterprise ❑ Minority Owner Business Enterprise ❑ Veteran Owned Business Enterprise ❑ Community Based Organization If certified by Washington State's Office of Minority and Women Owned Business Enterprise (OMWBE) www.omwbe.wa.goor Department of Veterans Affairs (DVA), enter the certification number: Click here to enter text. Certifications Provide current IRS W-9 Form: On file with HCCC Provide proof of WA Dept. of Revenue Account in Good Standing Click here to enter text. HCCC Contract Agreement—Exhibit B Page 24 Provide proof of WA Labor & Industries Account in Good Standing or Exemption (if no employees) Click here to enter text. Provide documentation if an indirect rate is used to determine cost of services. Other Licenses or permits if needed: N/A Construction contractor registration number and expiration if needed: N/A Insurance (as applicable) — Commercial Auto Liability (if claiming mileage --use HCCC Mileage Report if included in Exhibit A tasks) — Commercial General Liability (naming HCCC as additional insured): On file with HCCC — Professional Liability Insurance — Workers' Compensation and Employer Defense Insurance If Federal Funding Provide proof of System Award Management (SAM) www.sam.gov (formerly Central Contractor Registry --CCR) registration in Good Standing (regarding Suspension and Debarment): On file with HCCC. Complete Cyber Certification (if contract involves Collecting and Managing Data in federal system). N/A If Federal Funding and Over $100,000 Complete/sign new restrictions on Lobbying Certification 40 CFR Part 34 (and disclosure if applicable): Return signed certificate. WA Dept. of Health Contracts: Provide consultant with Exhibit A-1 WA DOH Agreement N22515 Sub -recipient Statement of Work—Programmatic Conditions. Notice: The Hood Canal Coordinating Council is an equal opportunity employer will not discriminate on the basis of race, creed, color, national origin, ancestry, sex, marital status, gender, sexual orientation, age [40 and over], maternity, and childbirth, honorably discharged veteran or military status, disability, genetics, HIV and/or Hepatitis C status, use of a trained guide dog or service animal by a person with a disability, or other protected class [legally recognized] under federal, state or local law. Persons requiring reasonable accommodation in the application process or requiring any information in an alternative format may contact 360-394-0046. Inquiries about the HCCC's compliance may be directed to Scott Brewer, Executive Director. HCCC Contract Agreement—Exhibit B Page 25