HomeMy WebLinkAbout100118_ca04 Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Su Tipton
DATE: 7e.
SUBJECT: Shorelands NW Straits Agreement between
The State of Washington Dept. of Ecology and Jefferson County
STATEMENT OF ISSUE:
Jefferson Marine Resources Committee is requesting approval on the above grant agreement to
improve the health of local marine habitat and restoration of local shoreline conditions and
public education outreach.
ANALYSIS:
Jefferson Marine Resources Committee will improve the health of local marine habitats and
shorelines by implementing specific programs, including administrative support, expansion of
a successful rain garden initiative,maintenance of shellfish& eelgrass voluntary no-anchor
zones, support for two Olympic oyster restoration projects, outreach programs and citizen-
science monitoring programs.
FISCAL IMPACT:
No fiscal impact to Jefferson County
RECOMMENDATION:
Recommend Commissioners approve this Agreement
REVIEWED BY:
Ade 7//2.,77y
Pep Morley Cou ty Administra • Date
DEPARTMENT OF
ECOLOGY
State of Washington
Agreement No. SEANWS-2018-JeCoWS-00008
SHORELANDS 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: Jefferson County MRC Operations and Projects
Total Cost: $75,000.00
Total Eligible Cost: $75,000.00
Ecology Share: $75,000.00
Recipient Share: $0.00
The Effective Date of this Agreement is: 10/01/2018
The Expiration Date of this Agreement is no later than: 09/30/2019
Project Type: Northwest Straits Grant
Project Short Description:
Jefferson MRC will improve the health of local marine habitats and shorelines by implementing specific
programs,including administrative support,expansion of a successful rain garden initiative,maintenance of
shellfish and eelgrass voluntary no-anchor zones, support for two Olympia oyster restoration projects,outreach
programs,and citizen-science monitoring projects.
Project Long Description:
Rain Gardens& Stormwater: Jefferson MRC will work with partners to install more high priority rain gardens.
The MRC will construct one large or two small 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.
Protecting Eelgrass and Shellfish Beds: Jefferson 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
maintenance,including checking lines,removing tangled debris,replacing buoys and worn hardware. Outreach
State of Washington Department of Ecology Page 2 of 34
Agreement No: SEANWS-2018-JeCoWS-00008
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
to boaters is also part of the project.
Olympia Oysters in Quilcene Bay and Discovery Bay:Jefferson MRC has Olympia oyster projects in two
locations.In Discovery Bay,MRC will add new cultch adjacent to a small extant native oyster population once
all required permits are in place,monitor that effort and continue monitoring a 2014 habitat enhancement
project nearby. The MRC will also complete Mussel Watch analysis that was started in 2018. In Quilcene Bay,
the MRC will continue to monitor test plots to find a good location for re-establishing an Olympia oyster
population.The MRC will also begin exploring options for at least one more Olympia oyster enhancement or
monitoring site,
Citizen Science Monitoring: Jefferson MRC will continue monitoring bull kelp as part of a regional Northwest
Straits Commission project.Forage fish spawning surveys: Jefferson MRC will continue monitoring one
WDFW Index Site near Adelma Beach in northern Discovery Bay,a WDFW post-restoration construction site
at Fort Townsend State Park, and potentially initiate a new,pre-construction forage fish monitoring effort at a
proposed shoreline armor-removal site if access is available.
Outreach&Education:The primary tasks are to develop and implement a 2019 Outreach Plan that identifies
target messages,audiences and strategies(events,actions and programs).
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 Olympia oyster restoration efforts in WDFW priority areas,3)
removing contaminants from stormwater and 4)engaging the public in citizen science monitoring and
educational programs.
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State of Washington Department of Ecology Page 3 of 34
Agreement No: SEANWS-2018-JeCoWS-00008
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
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 Clea Rome
Signatory Director
121 Oak Bay Rd
Port Hadlock,Washington 98339
Email: clea.rome@wsu.edu
Phone: (360)379-5610
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State of Washington Department of Ecology Page 4 of 34
Agreement No: SEANWS-2018-JeCoWS-00008
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
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: luha461@ecy.wa.gov
Phone: (360)428-1085
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State of Washington Department of Ecology Page 5 of 34
Agreement No: SEANWS-2018-JeCoWS-00008
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 Jefferson County
By: By:
Gordon White Date Clea Rome J ESV' Date
Shorelands Director
Program Manager
Template Approved to Form by
Attorney General's Office Apoyed as rm.
• C � l�iC� Date: 7/?41/0
Philip C.Hunsucker,Chief Civil Deputy Prose ting At orney
Jefferson County Prosecuting Attorney's Office
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State of Washington Department of Ecology Page 6 of 34
Agreement No: SEANWS-2018-JeCoWS-00008
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
David Sullivan, Chair
2018 Chairperson,Board of County Date
Commissioners
Philip C.Hunsucker
Approved as to Form.Philip C. Date
Hunsucker,Jeff Co Chief Civil Deputy
Prosecutor
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State of Washington Department of Ecology Page 7 of 34
Agreement No: SEANWS-2018-JeCoWS-00008
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 1 Task Cost: $36,398.00
Task Title: MRC Operations
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.
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State of Washington Department of Ecology Page 8 of 34
Agreement No: SEANWS-2018-JeCoWS-00008
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.
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Agreement No: SEANWS-2018-JeCoWS-00008
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
MRC Operations
Deliverables
Number Description Due Date
1.1 Quarter 1 Progress Report 01/11/2019
1.2 Quarter 2 Progress Report 04/11/2019
1.3 Quarter 3 Progress Report 07/11/2019
1.4 Quarter 4 Progress Report 09/30/2019
1.5 Quarter 1 Meeting Agenda and Minutes 01/11/2019
1.6 Quarter 2 Meeting Agenda and Minutes 04/11/2019
1.7 Quarter 3 Meeting Agenda and Minutes 07/11/2019
1.8 Quarter 4 Meeting Agenda and Minutes 09/30/2019
1.9 Semi-Annual Web Site Address and Screen Shots of Up-to-Date Content 04/11/2019
1
1.10 Semi-Annual Web Site Address and Screen Shots of Up-to-Date Content 09/30/2019
2
1.11 Annual Workplan 01/11/2019
1.12 Annual Report 04/11/2019
1.13 Quarter 1 List of NWSC Meetings,Conferences and Other Workshops 01/11/2019
Attended and Names of MRC Members Attending
1.14 Quarter 2 List of NWSC Meetings,Conferences and Other Workshops 04/11/2019
Attended and Names of MRC Members Attending
1.15 Quarter 3 List of NWSC Meetings,Conferences and Other Workshops 07/11/2019
Attended and Names of MRC Members Attending
1.16 Quarter 4 List of NWSC Meetings,Conferences and Other Workshops 09/30/2019
Attended and Names of MRC Members Attending
1.17 Quarter 1 Report to the Commission 01/11/2019
1.18 Quarter 2 Report to the Commission 04/11/2019
1.19 Quarter 3 Report to the Commission 07/11/2019
1.20 Quarter 4 Report to the Commission 09/30/2019
1.21 Quarter 1 Matching Funds/Volunteer Time Tracking 01/11/2019
1.22 Quarter 2 Matching Funds/Volunteer Time Tracking 04/11/2019
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Agreement No: SEANWS-2018-JeCoWS-00008
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
1.23 Quarter 3 Matching FundsNolunteer Time Tracking 07/11/2019
1.24 Quarter 4 Matching FundsNolunteer Time Tracking 09/30/2019
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Agreement No: SEANWS-2018-JeCoWS-00008
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 2 Task Cost: $3,400.00
Task Title: Citizen science monitoring projects
Task Description:
Jefferson MRC will conduct two types of monitoring projects:bull kelp monitoring and forage fish spawning surveys
2.1 Bull kelp monitoring:Jefferson MRC will conduct monthly surveys during the summer growing season 2019 on
the North Beach kelp beds using volunteers and current Northwest Straits kelp protocols.
2.2: Forage fish spawning surveys: Jefferson MRC will conduct smelt and sand lance spawning surveys using existing
protocols at one index site from fall 2018 through September 2019,and at the Fort Townsend restoration site from
October 2018 through March 2019.If a new pre-construction restoration site in Discovery Bay is identified and safe
access is available, sampling will begin in winter 2018.
Task Goal Statement:
2.1 Bull kelp monitoring: Track changes in floating bull kelp bed size for one site as part of Northwest Straits
region-wide effort.
2.2: Forage fish spawning surveys: Forage fish surveys at Discovery Bay will support WA Dept of Fish and Wildlife's
efforts to document forage fish spawning activity near Adelma Beach;Fort Townsend State Park forage fish surveys
will collect a third year of post-restoration data on spawning to help evaluate restoration success.Pre-construction
forage fish spawning surveys may also be conducted at a new shoreline restoration site in Discovery Bay,if safe access
is available and landowner permission is granted.
Task Expected Outcome:
Jefferson MRC will provide specific information to assist state agencies with regional mapping and databases,and
provide opportunities for community engagement and education about nearshore processes,Projects will involve
participation by at least 10 volunteers and engage at least 20 direct public contacts.
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State of Washington Department of Ecology Page 12 of 34
Agreement No: SEANWS-2018-JeCoWS-00008
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
Recipient Task Coordinator: 2.1 Judy D'Amore/Jeff Taylor 2.2 Cheryl Lowe/Jackie Gardner/Jeff Taylor
Citizen science monitoring projects
Deliverables
Number Description Due Date
2.1 Bull kelp QAPP 01/11/2019
2.2 Bull kelp summary,with locations,copy of data collected and photos 09/15/2019
2.3 Forage fish QAPP 01/11/2019
2.4 Forage fish index site survey data and summary(presence/absence of 09/15/2019
eggs,number of samples,length of shoreline,and other materials related
to surveys)
2.5 Forage fish restoration site survey data and summary(presence/absence 09/15/2019
of eggs,number of samples,length of shoreline,and other materials
related to surveys)
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State of Washington Department of Ecology Page 13 of 34
Agreement No: SEANWS-2018-JeCoWS-00008
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 3 Task Cost: $17,008.00
Task Title: Rain gardens and stormwater
Task Description:
Jefferson MRC will work with community partners to install one large or two smaller high-priority rain gardens from
an updated MRC priority site list(sites where bio-remediation would be an appropriate and effective strategy for
treating stormwater),bringing the total to 10 rain gardens.
Task Goal Statement:
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 and improved conditions that contribute to
maintaining open status of local shellfish harvesting areas. One large or two smaller rain gardens will be installed.
Recipient Task Coordinator: Anna Bachman
Rain gardens and stormwater
Deliverables
Number Description Due Date
3.1 List of partners, location and approximate dimensions for one large or 07/11/2019
two smaller rain gardens
3.2 Summary report of project activities,including partnerships,sign-in 09/30/2019
sheets,permits,media articles and photos for both installations.
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State of Washington Department of Ecology Page 14 of 34
Agreement No: SEANWS-2018-JeCoWS-00008
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 4 Task Cost: $4,784.00
Task Title: Eelgrass and shellfish voluntary no anchor zones
Task Description:
Jefferson MRC will protect local eelgrass and shellfish beds by maintaining 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 MRC will continue to protect three established eelgrass and shellfish habitat areas by encouraging boaters to
respect voluntary no anchor zones delineated by maintained navigational marker buoys.
Task Expected Outcome:
Visiting and resident boaters will understand that they should anchor outside of designated areas and why it is
important to do so.Eelgrass beds will be protected by preventing damage by dragging boat anchors or chains and
shellfish beds will be protected from boats anchored too close to shellfish harvest areas,reducing risk of contamination
and closure.
Eelgrass and shellfish voluntary no anchor zones
Deliverables
Number Description Due Date
4.1 Final no anchor zone report(including buoy maintenance summary, 09/30/2019
copies of articles from local media,report on any presentations or ads,
jpg photos of boats anchoring outside buoys,and a compliance summary)
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State of Washington Department of Ecology Page 15 of 34
Agreement No: SEANWS-2018-JeCoWS-00008
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 5 Task Cost: $8,310.00
Task Title: Education and outreach
Task Description:
Jefferson MRC will develop and implement a 2019 Outreach Plan that identifies target messages,audiences and
strategies(events,actions and programs).Potential topics include water quality(actions to reduce pollutants entering
Puget Sound);best practices for shellfish harvesting(clams and crabbing);increased understanding of issues related to
shellfish aquaculture in local bays;value of nearshore habitats;and unintended consequences of shoreline armoring.
The MRC will track the number of contacts and the number of new participants in activities.At least one follow-up
survey of an outreach strategy will be conducted,and additional measurable outcomes will be identified in the outreach
plan.
Task Goal Statement:
The goal is to increase awareness of MRC projects and encourage individual actions that improve water quality and
nearshore/marine resources.
Task Expected Outcome:
As a result of this outreach effort,local residents will have a better understanding of marine habitats and consequences
of actions,and the MRC will engage new community members in activities that help protect these habitats.The MRC
will engage at least 300 direct contacts and 12 new people in stewardship projects.
Recipient Task Coordinator: Ashley Mackenzie and Cheryl Lowe
Education and outreach
Deliverables
Number Description Due Date
5.1 2019 outreach plan 01/11/2019
5.2 Interim outreach report 07/11/2019
5.3 Education and outreach summary report(including report on outreach 09/30/2019
activities,number of contacts and new MRC volunteers,photos,list of
participants,results of follow-up survey and copies of published articles)
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State of Washington Department of Ecology Page 16 of 34
Agreement No: SEANWS-2018-JeCoWS-00008
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 6 Task Cost: $5,100.00
Task Title: Olympia oyster monitoring and restoration
Task Description:
Jefferson MRC has two Olympia oyster project sites-Quilcene Bay and Discovery Bay.
Quilcene Bay: In Quilcene Bay Jefferson MRC will continue monitoring existing test plots,including monitoring for
natural recruitment,to determine whether additional seeded cultch should be placed.
Discovery Bay: Jefferson MRC will collect data on settlement and growth of Olympia oysters at the two areas within
this restoration site and will place additional clean shell adjacent to the small original Olympia oyster population at the
Maynard Beach area over several years.Jefferson MRC will also complete the Mussel Watch water quality analysis
that was started in 2018.
Task Goal Statement:
In Discovery Bay the goal is to expand the Olympia oyster population and the associated habitat that a dense,natural
population would create.In 2019 the MRC goal is for Olympia oysters within the test areas have an average density
similar or better than 2018,and a range of sizes(indicating annual recruitment is occurring)are again present.
In Quilcene,the MRC's goal is to find suitable habitat for future efforts to re-establish Olympia oyster beds through
site selection, seeding and monitoring of test areas.For this year,the MRC's goal is for Olympia oysters in the test
plots to maintain the same or increased average density of Olympia oysters/shell one year after placement.
Task Expected Outcome:
The long-term outcome is to restore larger,self-sustaining beds of Olympia oysters, and create marine habitat that
provides benefits to a variety of marine species that live,feed or migrate through the low intertidal zone.
In Discovery Bay the MRC anticipates continued growth of oysters at the end of this grant period.In Quilcene the
MRC will use monitoring results from previous test plots to identify which new test plot areas have a higher likelihood
of success.
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State of Washington Department of Ecology Page 17 of 34
Agreement No: SEANWS-2018-JeCoWS-00008
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
Recipient Task Coordinator: Neil Harrington/Cheryl Lowe
Olympia oyster monitoring and restoration
Deliverables
Number Description Due Date
6.1 Updated QAPPs for Discovery Bay and Quilcene 10/30/2018
6.2 Summary of oyster cultch placement activities 07/11/2019
6.3 Final report on Mussel Watch monitoring results(summary of MRC 07/11/2019
activities with WA Dept of Fish and Wildlife analysis and data for
Discovery Bay site)
6.4 Report on monitoring of Discovery Bay enhancement area(summary, 09/15/2019
data,media articles and photos)
6.5 Summary report of Quilcene Bay activities,including summary of 09/15/2019
actions,data collected,media articles and photos.
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Agreement No: SEANWS-2018-JeCoWS-00008
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
BUDGET
Funding Distribution EG190093
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: Puget Sound Partnership/EPA 2018-19 Funding Type: Grant
Funding Effective Date: 10/01/2018 Funding Expiration Date: 09/30/2019
Funding Source:
Title: Puget Sound Partnership/EPA 2018-19
Type: Federal
Funding Source%: 100%
Description:
Federal Awarding Agency: Environmental Protection Agency
Federal Awarding Agency Contact: Karin Berkholtz,Puget Sound Partnership
Federal Awarding Agency Phone: 360-999-3848
Federal Awarding Agency Email: karin.berkholtz@psp.wa.gov
Federal Awarding Agency Address: 326 East D Street,Tacoma WA 98421-1801
CFDA Catalog Name: Puget Sound Partnership National Estuary Program
CFDA Number: 66.456
FAIN:
Research Grant: No
Federal Award Date: 10/1/2018
Total Federal Award Amount: $1,600,000.00
Federal Funds Obligated To Recipient: $42,000.00
Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT: 26%
Recipient Match%: 0%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
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State of Washington Department of Ecology Page 19 of 34
Agreement No: SEANWS-2018-JeCoWS-00008
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
Puget Sound Partnership/EPA 2018-19 Task Total
MRC Operations $ 16,398.00
Citizen science monitoring projects $ 900.00
Rain gardens and stormwater $ 15,008.00
Eelgrass and shellfish voluntary no anchor zones $ 2,784.00
Education and outreach $ 3,310.00
Olympia oyster monitoring and restoration $ 3,600.00
Total: $ 42,000.00
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State of Washington Department of Ecology Page 20 of 34
Agreement No: SEANWS-2018-JeCoWS-00008
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
BUDGET
Funding Distribution EG190094
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 Type: Grant
Funding Effective Date: 10/01/2018 Funding Expiration Date: 06/30/2019
Funding Source:
Title: Washington State 2017-19
Type: State
Funding Source%: 100%
Description: Washington State 2017-19 biennium
Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT: 26%
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 $ 20,000.00
Citizen science monitoring projects $ 2,500.00
Rain gardens and stormwater $ 2,000.00
Eelgrass and shellfish voluntary no anchor zones $ 2,000.00
Education and outreach $ 5,000.00
Olympia oyster monitoring and restoration $ 1,500.00
Total: $ 33,000.00
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State of Washington Department of Ecology Page 21 of 34
Agreement No: SEANWS-2018-JeCoWS-00008
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
Funding Distribution Summary
Recipient/Ecology Share
Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total
Puget Sound Partnership/EPA 0.00 % $ 0.00 $ 42,000.00 $ 42,000.00
2018-19
Washington State 2017-19 0.00 % $ 0.00 $ 33,000.00 $ 33,000.00
Total $ 0.00 $ 75,000.00 $ 75,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SUB-RECIPIENT FEDERAL REQUIREMENTS
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-01J31901]. 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."
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
Recipient shall meet the provisions in Office of Management and Budget(OMB)Guidance, Subpart F, §200.501
(Audit Requirements),if the 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 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
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.
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Agreement No: SEANWS-2018-JeCoWS-00008
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. NON DISCRIMINATION AND DISADVANTAGED,MBE,WBE BUSINESS ENTERPRISES ADDITIONAL
REQUIREMENTS
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.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 RECIPIENT shall not discriminate on the basis of race,
color,national origin or sex in the performance of this contract.The 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 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.
6. DRUG FREE WORKPLACE
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.
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.
7. 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 Ecology 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.
8. LEP(Limited English Proficiency)Title VI
As a recipient of EPA financial assistance,you are required by Title VI of the Civil Rights Act to provide meaningful
access to LEP individuals. In implementing that requirement,the 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=fr25jn04-79.pd.
In accepting this contract,the recipient acknowledges it has an affirmative obligation to implement effective Title VI
compliance programs and ensure that its actions do not involve discriminatory treatment and do not have
discriminatory effects even when facially neutral.The recipient must be prepared to demonstrate to EPA/PSP that such
compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI
obligations.For example,if RECIPIENT's responsibilities under this contract include gathering public input on an
environmental issue,RECIPIENT's communication with the public should attempt to minimize barriers that interfere
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with the ability of LEP persons to meaningfully participate.
9. MANAGEMENT FEES
Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable.The
term"management fees or similar charges"refers to expenses added to the direct costs in order to accumulate and
reserve funds for ongoing business expenses,unforeseen liabilities,or for other similar costs which are not allowable
under this CONTRACT.Management fees or similar charges may not be used to improve or expand the project
funded under this Agreement,except to the extent authorized as a direct cost of carrying out the scope of work.
10. PEER REVIEW
The results of this project may affect management decisions relating to Puget Sound.Prior to fmalizing any significant
technical products the Principal Investigator(PI)of this project must solicit advice,review,and feedback from a
technical review or advisory group consisting of relevant subject matter specialists.A record of comments and a brief
description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to
releasing any final reports or products resulting from the funded study.
11. REIMBURSEMENT LIMITATION
If RECIPIENT expends more than the amount of the Environmental Protection Agency(EPA)funding in this
agreement in anticipation of receiving additional funds from EPA,it does so at its own risk.EPA is not legally
obligated to reimburse PSP,nor its sub-recipients,for costs incurred in excess of the EPA approved budget.
12. 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.
13. SUB-AWARDS
If RECIPIENT makes sub-awards under this contract,RECIPIENT is responsible for selecting its sub-awardees and, if
applicable, for conducting sub-award competitions.RECIPIENT agrees to:
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Recipient Name: Jefferson County
a. Establish all sub-award agreements in writing;
b. Maintain primary responsibility for ensuring successful completion of the approved project(Sub-Recipient cannot
delegate or transfer this responsibility to a sub-awardee);
c. Ensure that any sub-awards comply with the standards in Section 210(a)-(d)of OMB Circular A-133,and are not
used to acquire commercial goods or services for the sub-awardee;
d. Ensure that any sub-awards to 501(c)(4)organizations do not involve lobbying activities;
e. Monitor the performance of sub-awardees,and ensure sub-awardees comply with all applicable regulations,
statutes,and terms and conditions which flow down in the sub-award;
f. Obtain AGENCY's consent before making a sub-award to a foreign or international organization,or a sub-award
to be performed in a foreign country;and
g. Obtain approval from AGENCY for any new sub-award work that is not outlined in the approved work plan in
accordance with 40 CFR Parts 30.25 and 31.30,as applicable.
14. 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.
15. UNLIQUIDATED OBLIGATIONS (ULO)
Recipients, 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
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.
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Recipient Name: Jefferson County
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,
suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal
remedies,including suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it, and all lower tier recipients or
contractors,are not suspended or debarred,and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment.RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
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.gov<http://www.fsrs.gov/>within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspending.gov<http://www.usaspending.gov/>.
For more details on FFATA requirements,see www.fsrs.gov<http://www.fsrs.gov/>.
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Agreement No: SEANWS-2018-JeCoWS-00008
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
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL
Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No
subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff
contacts and administrative information without the concurrence of either party.
3. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid,minimize,or mitigate adverse effects to archeological 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:
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• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and
then the ECOLOGY Program.
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/Pages/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 must submit within thirty(30)days after the expiration date of this Agreement,all financial,
performance,and other reports required by 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.
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ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered
modified to conform to that statute or rule of law.
8. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or
responsibility in the review, approval,or carrying out of this Agreement,shall not have any personal or financial
interest,direct or indirect,nor affect the interest of any corporation,partnership,or association in which he/she is a part,
in this Agreement or the proceeds thereof.
9. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction,purchase of goods,equipment,services,and professional architectural and
engineering services through a competitive process,if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal,fair,and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
10. DISPUTES
When there is a dispute with regard to the extent and character of the work,or any other matter related to this
Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed,after concluding the
review.
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 a project that collects or uses
environmental measurement data.RECIPIENTS unsure about whether a QAPP is required for their project shall contact
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the ECOLOGY Program issuing the grant or loan.If a QAPP is required,the RECIPIENT shall:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance
(QA)officer or the Program QA coordinator instructs otherwise.
• 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
RECIPIENT must confirm with ECOLOGY that complete and correct data was 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:
https://ecology.wa.gov/Research-DatalData-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,
when requested by ECOLOGY,shall provide copies to ECOLOGY of all fmal 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
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minority and women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE)(866-208-1064)and the Office of Minority Business Enterprises of the U.S. Department of Commerce,as
appropriate.
17. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved
by giving precedence in the following order: (a)applicable federal and state statutes and regulations; (b)The
Agreement; (c) Scope of Work; (d) Special Terms and Conditions;(e)Any provisions or terms incorporated herein by
reference,including the"Administrative Requirements for Recipients of Ecology Grants and Loans";and(f)the
General Terms and Conditions.
18. PRESENTATION AND PROMOTIONAL MATERIALS
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 must submit within thirty(30)days of the expiration date of the project,unless an extension has been
approved by ECOLOGY,all financial,performance,and other reports required by the agreement and funding program
guidelines. 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
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authorize others to use the same for federal,state,or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information;present papers,lectures,or seminars involving information supplied by ECOLOGY; or use logos,reports,
maps,or other data in printed reports, signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials.ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology
Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations, or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project,it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost, stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
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
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this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times,
in order to monitor and evaluate performance,compliance,and any other conditions under this Agreement.
22. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)
or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the
time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
23. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision,and to this end the provisions of this Agreement are declared to be severable.
24. STATE ENVIRONMENTAL POLICY ACT(SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State
Environmental Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any
reimbursements are subject to this provision.
25. SUSPENSION
When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause,suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
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, ,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
27. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the
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RECIPIENT,at the sole discretion of ECOLOGY,for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four(4)months after the effective date of this Agreement,or by any date
mutually agreed upon in writing for commencement of work,or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the
opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any
further funds,terminate in whole or in part this Agreement,and exercise any other rights under this Agreement.
Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from
the RECIPIENT is determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement,in whole or in part,for any reason when it is the best
interest of ECOLOGY,with a thirty(30) calendar days prior written notification to the RECIPIENT,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
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completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds,identified herein.
28. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
29. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
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