HomeMy WebLinkAbout101419_ca06 Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Su Tipton
r '
DATE:
SUBJECT: Shoreline NW Straits Agreement Between State of WA Dept of Ecology&
Jefferson County
STATEMENT OF ISSUE:
Jefferson County MRC support for health of local shorelines by implementing admin support,
rain garden expansion,maintenance of shellfish and eelgrass volunteer no anchor zones, two
Olympic Oyster restoration projects, outreach programs and citizen-science monitoring
projects.
ANALYSIS:
Rain Gardens & Stormwater: Jefferson MRC will work with partners to install more high
priority rain gardens. The MRC will construct on large or two small rain gardens and install
interpretive signs as appropriate. Partners providing in-kind and matching support include
WSU Jefferson County Extension, City of Port Townsend, Jefferson County and local
community members
FISCAL IMPACT:
No fiscal impact. 2019-2021 Agreement Revenue $164,186.00; Amendment Agreement July
2020 to bring funding up to $182,000.00 as originally estimated for 2020-2021 Budget. Please
see attached notes for more details and clarification.
RECOMMENDATION:
Recommend approval.
REVIEWED BY:
Atr
'hilip Morlounty Adminis . or Date
Memorandum
To: Philip Morley
From: Cheryl Lowe,Jefferson MRC Coordinator
Re: Jefferson MRC, Agreement#SEANWS-2019-JeCoWS-00007 for 2019-2021
Date: Sept 18, 2019
cc: Cliff Moore, Su Tipton
This memo provides background info for the Northwest Straits Commission grant being
submitted for County approval that will support Jefferson County Marine Resource Committee
activities from Oct 1, 2019 through to Sept 30, 2021.
For the past several years, we have received an annual grant of$75,000 through the Northwest
Straits Commission, administered through the WA Dept of Ecology's Shorelands Northwest
Straits program. The Northwest Straits Commission receives funds from both EPA and WA State
for this program.
Earlier this year,the Commission was successful in obtaining both an increase in State funding
($91,000/year/MRC) and a commitment for 2-years of funding to support the seven county
MRCs. Each MRC determines how their funds will be spent the following year, which takes a
couple of months of MRC planning and discussion. We received confirmation of the 2-year
extension late in the Ecology grant application process, which made it difficult to propose a
realistic budget for the (new) second year of the grant.
The MRC Coordinator (Cheryl Lowe) worked with the Commission staff on a best strategy,
knowing we have a commitment up to $91,000 each year for 2 years, starting Oct 1, 2019, but
not having enough data or MRC member input to describe actions for all the 2020-21 Tasks. We
ended up with Agreement#SEANWS-2019-JeCoWS-00007, which identifies all the Tasks for the
first year(Pages 8-20, Funding Distribution EG200083) and three of the confirmed tasks for the
second year (Pages 19-23, Funding Distribution EG200084). See Page 24 for the full Funding
Distribution Summary($164,186.00).
Our intent is to submit an Amendment to the Agreement in July 2020 that adds the remaining
$17,814 and identifies how it will be used in the Oct 2020-Sept 2021 fiscal year. The
Commission has given us a commitment for 2 years of funding at $91,000/year, which is
reflected the County's Department Budget that was recently submitted, even though this
current proposed Agreement does not include the full amount.
Wednesday,September 18,2019 at 11:18:31 AM Pacific Daylight Time
Subject: 2019-21 MRC Grant
Date: Wednesday, September 18, 2019 at 11:12:14 AM Pacific Daylight Time
From: Horst,Sasha (NW Straits)
To: Lowe, Cheryl B
Attachments: image003.jpg
Hello Cheryl-
The Northwest Straits Commission issued our original Request for Proposals for a 2019-20 Marine Resources
Committee grant back in March of this year, before we were able to fully secure our anticipated funding.
When we were notified about our increased state funding for the biennium and the ability to secure our EPA
funds for a two-year period in May, we re-issued the Request for Proposals to allow for a two-year award
period and an increased amount for each MRC. The state funding secured for each MRC is$65,000 per year
of the 2019-21 biennium ($910,000 total for the biennium, distributed equally among the seven Northwest
Straits MRCs). Our US EPA funding includes$26,000 per MRC in 2019-20 and $28,000 per MRC for 2020-21.
Although the Request for Proposals was re-issued,we recognized that MRCs would not be prepared to
submit full proposals for two years of projects due to the short planning period and turnaround time.The
new grant agreement now routing for signature (SEANWS-2019-JeCoWS-00007) includes all of the funding
for year one of the award ($65,000 state and $26,000 EPA), and partial funding for year two of the award
($54,000 state and $19,186 EPA), which covers MRC operations and projects.
The remaining$19,814 is available to the MRC and can be added to the agreement through an amendment
process. The same project criteria from the May 2019 Request for Proposals will apply to any projects
proposed. Amendments are planned for spring of 2020(to be in effect by July 1, 2020), although MRCs can
submit their project proposals at any time to amend the agreement.
As with all Ecology grants, language is included that allows for termination due to non-allocation of funds,
which would only occur if the state or federal funds are withdrawn, reduced or limited. We do not expect
that to occur, and our budget as is currently secured includes the remaining$19,814 for Jefferson MRC in the
2020-21 funding period. Please feel free to contact me with any questions. Thanks!
Sasha
Sasha Horst, Operations Manager
Northwest Straits Commission
10441 Bayview Edison Road
Mount Vernon, WA 98273
360-428-1084
www.nwstraits.org
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Page 1 of 1
, ECOLOGY
Agreement No. SEANWS-2019-JeCoWS-00007
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: $164,186.00
Total Eligible Cost: $164,186.00
Ecology Share: $164,186.00
Recipient Share: $0.00
The Effective Date of this Agreement is: 10/01/2019
The Expiration Date of this Agreement is no later than: 09/30/2021
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.
State of Washington Department of Ecology Page 2 of 37
Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
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 to boaters is also part
of the project.
Olympia Oysters in Discovery Bay:Jefferson MRC will continue to add new cultch and monitor two project areas in
Discovery Bay,adjacent to a small extant native oyster population(Lagoon Site)and another habitat enhancement
project nearby(Powerline Site).The MRC will also begin exploring options for at least one more Olympia oyster
enhancement or monitoring site.
Citizen Science Monitoring(several components):Bull Kelp: 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 in Discovery Bay and complete a 5th year of monitoring at a post-restoration site at
Fort Townsend State Park.
Outreach&Education:The primary tasks are to develop and implement a 2020-2021 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 37
Agreement No: SEANWS-2019-JeCoWS-00007
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
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State of Washington Department of Ecology Page 4 of 37
Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
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
Cliff C Moore
Authorized Director
Signatory
121 Oak Bay Rd
Port Hadlock,Washington 98339
Email: moorecc@wsu.edu
Phone: (360)379-5610
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State of Washington Department of Ecology Page 5 of 37
Agreement No: SEANWS-2019-JeCoWS-00007
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
Layne Slone
Financial Financial Manager
Manager
PO Box 47600
• Olympia,Washington 98504-7600
Email: lnak461@ecy.wa.gov
Phone: (360)407-7540
Dana Oster
Technical
Advisor
Breazeale-Padilla Bay Interp.Center 10441 Bayview Edison Rd.
Mt Vernon,Washington 98273-7242
Email: DAOS461@ecy.wa.gov
Phone: (360)428-1043
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State of Washington Department of Ecology Page 6 of 37
Agreement No: SEANWS-2019-JeCoWS-00007
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.
Washington State Jefferson County
Department of Ecology
By: By:
Gordon White Date Cliff C Moore Date
Shorelands Director
Program Manager
Template Approved to Form by
Attorney General's Office
•
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State of Washington Department of Ecology Page 7 of 37
Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
Kate Dean
2019 Chairperson,Board of County Date
Commissioners
Philip C. Hunsucker
t2cj)L
�S
Approved as to Form.Phi ip C. Date
Hunsucker,Jeff Co Chief Civil Deputy
Prosecutor
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State of Washington Department of Ecology Page 8 of 37
Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 1 Task Cost: $105,020.00
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.
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Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
b. Information about projects and the work of the MRC is accessible and shared regularly through presentations,meetings and
web site.
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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State of Washington Department of Ecology Page 10 of 37
Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
Recipient Task Coordinator: Cheryl Lowe
MRC Operations
Deliverables
Number Description Due Date
1.1 Progress Report 01/10/2020
1.2 Reporting(meeting agendas and minutes,reports to the Commission,list of 01/10/2020
meeting/conference/workshop participation)
1.3 Matching FundsNolunteer Time Tracking 01/10/2020
1.4 Annual Workplan 01/10/2020
1.5 Progress Report 04/10/2020
1.6 Reporting(meeting agendas and minutes,reports to the Commission,list of 04/10/2020
meeting/conference/event participation)
1.7 Matching Funds/Volunteer Time Tracking 04/10/2020
1.8 Web Site Screen Shots of Up-to-Date Content 04/10/2020
1.9 Annual Report 04/10/2020
1.10 Progress Report 07/10/2020
1.11 Reporting(meeting agendas and minutes,reports to the Commission,list of 07/10/2020
meeting/conference/event participation)
1.12 Matching FundsNolunteer Time Tracking 07/10/2020
1.13 Progress Report 09/30/2020
1.14 Reporting(meeting agendas and minutes,reports to the Commission,list of 09/30/2020
meeting/conference/event participation)
1.15 Matching FundsNolunteer Time Tracking 09/30/2020
1.16 Progress Report 01/11/2021
1.17 Reporting(meeting agendas and minutes,reports to the Commission,list of 01/11/2021
meeting/conference/workshop participation)
1.18 Matching FundsNolunteer Time Tracking 01/11/2021
1.19 Annual Workplan 01/11/2021
1.20 Progress Report 04/12/2021
1.21 Reporting(meeting agendas and minutes,reports to the Commission,list of 04/12/2021
meeting/conference/event participation)
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Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
1.22 Matching Funds/Volunteer Time Tracking 04/12/2021
1.23 Web Site Screen Shots of Up-to-Date Content 04/12/2021
1.24 Annual Report 04/12/2021
1.25 Progress Report 07/12/2021
1.26 Reporting(meeting agendas and minutes,reports to the Commission,list of 07/12/2021
meeting/conference/event participation)
1.27 Matching FundsNolunteer Time Tracking 07/12/2021
1.28 Progress Report 09/30/2021
1.29 Reporting(meeting agendas and minutes,reports to the Commission,list of 09/30/2021
meeting/conference/event participation)
1.30 Matching Funds/Volunteer Time Tracking 09/30/2021
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State of Washington Department of Ecology Page 12 of 37
Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 2 Task Cost: $2,780.00
Task Title: Monitoring Projects:bull kelp and forage fish
Task Description:
2.1 Bull kelp:Jefferson MRC will use regional Northwest Straits protocols to conduct kayak-based bull kelp monitoring to
track changes in kelp bed size at one site. Jefferson MRC will document the extent of the kelp bed at North Beach over the
growing season for 2020 and 2021 and compare data to previous years using Northwest Straits protocols.
2.2 Forage fish:Jefferson MRC will use Washington Department of Fish and Wildlife protocols to conduct monthly forage fish
spawning surveys at two sites:one index site in Discovery Bay and a post-restoration monitoring at Fort Townsend State Park.
Task Goal Statement:
2.1 Bull kelp:Contribute data to regional monitoring efforts and understanding of bull kelp population trends.
2.2 Forage fish: Contribute to regional monitoring efforts and understanding of forage fish spawning activities at specific sites,
and evaluate effectiveness of restoration.
Task Expected Outcome:
Provide specific information to assist state agencies with regional mapping and databases;provide opportunities for community
engagement and education about nearshore processes,bull kelp and forage fish.
• Document site-specific monitoring data as part of long-term regional monitoring effort.
• Contribute to regional database and provide local trends in context with regional trends.
• Engage local volunteers in citizen science data collection.
• Citizen scientists provide onsite education and outreach to public,when applicable.
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Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
Recipient Task Coordinator: Judy D'Amore,Jeff Taylor,Jackie Gardner
Monitoring Projects: bull kelp and forage fish
Deliverables
Number Description Due Date
2.1 Bull kelp QAPP. 01/10/2020
2.2 Bull Kelp summary report(including locations,copy of data,dates,number of 09/30/2020
volunteers and photos).
2.3 Forage fish QAPP. 01/10/2020
2.4 Adelma Beach Forage Fish survey data and summary(including 09/15/2020
presence/absence of eggs,#of samples,length of shoreline,photos and other
materials).
2.5 Fort Townsend Forage Fish survey data and summary thru June 2020(#of 09/15/2020
eggs,#of samples,length of shoreline and volunteer engagement).
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Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 3 Task Cost: $33,034.00
Task Title: Rain gardens and stormwater
Task Description:
Rain gardens treat stormwater run-off to remove contaminants and improve water quality to benefit eelgrass beds,shellfish
beds and adjacent sub-tidal non-vegetated areas. Jefferson MRC is working with partners to build a network of rain gardens in
suitable,priority locations.At least one rain garden each year will be designed and installed(one each in 2020 and 2021).
Additional rain gardens may be installed if budget and design needs allow.
Task Goal Statement:
The goal of this project is to improve the quality of the water flowing into Port Townsend Bay and northern Hood Canal by
constructing rain gardens in target areas to increase soil absorption and intercept pollutants and contaminants.
Task Expected Outcome:
The project's expected outcomes are reduced flow of contaminated stormwater into Port Townsend Bay or Northern Hood
Canal and increased understanding about stormwater issues by volunteer engagement in rain garden installations.
Rain gardens and stormwater
Deliverables
Number Description Due Date
3.1 Year one list of partners,anticipated locations(with 06/30/2020
maps)and approximate dimensions for any planned raingarden(s).
3.2 Year one summary report of project activities(including 09/30/2020
partnerships,sign-in sheets,permits,media articles,photos and any results of
evaluation of participants to measure increased knowledge).
3.3 Year two list of partners,anticipated locations(with 06/30/2021
maps)and approximate dimensions for any planned raingarden(s).
3.4 Year two summary report of project activities(including 09/30/2021
partnerships,sign-in sheets,permits,media articles,photos and any results of
evaluation of participants to measure increased knowledge).
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Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
SCOPE OF WORK •
Task Number: 4 Task Cost:$10,752.00
Task Title: Eelgrass and shellfish voluntary no anchor zones
Task Description:
The MRC will protect local eelgrass and shellfish beds by maintaining existing voluntary no-anchor zones in Port Hadlock,
Mystery Bay and Port Townsend.Maintenance includes checking lines,removing tangled debris,replacing buoys and worn
hardware.In Port Townsend the large navigational buoys will be replaced with marker buoys seasonally to minimize the
potential for loss during the winter.
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:
In Port Townsend Bay,eelgrass beds will be protected from damage by dragging boat anchors or chains.In Port Hadlock and
Mystery Bay,buoys will keep boats from anchoring too close to shellfish beds,and eelgrass beds will be protected from
damage by dragging boat anchors or chains.
Recipient Task Coordinator: Troy McKelvey
Eelgrass and shellfish voluntary no anchor zones
Deliverables •
Number Description Due Date
4.1 Year one interim report about deployment of seasonal buoys in Port Townsend 06/30/2020
and condition of other buoy fields,including any available photos and media
coverage.
4.2 Year one final report(including buoy maintenance summary,copies of articles 09/30/2020
from local media,report on any presentations or ads,jpg photos of boats
anchoring outside buoys,and a compliance summary).
4.3 Year two interim report about deployment of seasonal buoys in Port 06/30/2021
Townsend and condition of other buoy fields,including any available photos
and media coverage.
4.4 Year two final report(including buoy maintenance summary,copies of articles 09/30/2021
from local media,report on any presentations or ads,jpg photos of boats
anchoring outside buoys,and a compliance summary).
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Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 5 Task Cost: $6,730.00
Task Title: Education and outreach
Task Description:
Jefferson MRC will develop and implement a 2020 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(bi-valves and crabbing);value of nearshore habitats(including need to protect eelgrass in
voluntary no-anchor zones);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 assessment
of an outreach strategy will be conducted,and additional measurable outcomes will be identified in the outreach plan.
Task Goal Statement:
The goal of the Jefferson MRC's education and outreach activities is to increase awareness of MRC projects and what the
MRC does,as well as encourage individual actions that improve water quality and nearshore/marine resources.
Task Expected Outcome:
Jefferson MRC will identify specific outcomes in the 2020 Outreach Plan,but expected outcomes related to MRC projects
are:
•No boats anchoring in marked eelgrass beds.
•Participation in Digging for Dinner will result in better harvesting practices and less impact on public clamming beaches,and
improved habits around individual water quality actions.
•Community engagement in installation and maintenance of MRC-sponsored rain gardens and increased awareness of
stormwater issues and impacts.
Recipient Task Coordinator: Ashley Mackenzie
Education and outreach
Deliverables
Number Description Due Date
5.1 2020 Outreach Plan. 01/30/2020
5.2 Interim Outreach Report(including#of contacts,#of new and continuing 07/10/2020
MRC volunteers,photos,lists of participants and copies of published articles).
5.3 Summary report on Outreach Plan activities(including#of contacts,#of new 09/30/2020
MRC volunteers,photos,list of participants,results of follow-up survey and
copies of published articles).
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Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 6 Task Cost:$5,870.00
Task Title: Olympia oyster restoration
Task Description:
Jefferson MRC has two existing Olympia oyster restoration sites in Discovery Bay,where there is a small but stable extant
Olympia oyster population.The MRC will monitor areas where they have previously placed shell substrate to evaluate whether
the population has increased.The MRC will collect another year of data on settlement and growth of Olympia oysters at the
Powerline site and begin collecting data on the Lagoon site in 2020.The MRC will place additional clean shell substrate at the
Lagoon site in Discovery Bay each year starting in 2020 and place additional clean shell substrate at the Powerline Site each
year,pending approval of regulatory agency permits.
Task Goal Statement:
The project goal is to support expansion of Olympia oyster populations,forming dense,natural,sustainable native oyster
shellfish beds that provide benefits to a variety of marine species that live,feed or migrate through the low intertidal zone.
Task Expected Outcome:
The project expected outcome is larger,self-sustaining beds of Olympia oysters with continued growth in density and size of
oysters in both sites within the bay.
Recipient Task Coordinator: Neil Harrington
Olympia oyster restoration
Deliverables
Number Description Due Date
6.1 QAPPs for Discovery Bay monitoring. 01/10/2020
6.2 Summary update on cultch placement in Discovery Bay. 07/10/2020
6.3 Monitoring update on Discovery Bay sites. 08/28/2020
6.4 Summary report on Discovery Bay sites(including summary of actions,data 09/30/2020
collected,media articles and photos).
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Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
BUDGET
Funding Distribution EG200083
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: 2019-20 Washington State Funding Type: Grant
Funding Effective Date: 10/01/2019 Funding Expiration Date: 06/30/2020
Funding Source:
Title: General Fund-State
Type: State
Funding Source%: 100%
Description: Washington State general funds,2019-2021 biennium
Approved Indirect Costs Rate: Approved Federally Recognized Indirect Costs Rate: 24%
Recipient Match%: 0%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
2019-20 Washington State Task Total
MRC Operations $ 40 000.00
Monitoring Projects:bull kelp and forage fish $ 2,000.00
Rain gardens and stormwater $ 10,500.00
Eelgrass and shellfish voluntary no anchor zones $ 4,500.00
Education and outreach $ 5,500.00
Olympia oyster restoration $ 2,500.00
Total: $ 65,000.00
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State of Washington Department of Ecology Page 19 of 37
Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
BUDGET
Funding Distribution EG200084
NOTE: The above funding distribution number is used to idents this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to idents each budget.
Funding Title: 2019-20 Puget Sound Partnership/EPA Funding Type: Grant
Funding Effective Date: 10/01/2019 Funding Expiration Date: 09/30/2020
Funding Source:
Title: Puget Sound Partnership/EPA
Type: Federal
Funding Source%: 100%
Description: Northwest Straits Commission and Marine Resources Committees
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: National Estuary Program
CFDA Number: 66.456
FAIN: CE-01 J02301-0
Research Grant: No
Federal Award Date: 10/1/2019
Total Federal Award Amount: $1,600,000.00
Federal Funds Obligated To Recipient: $26,000.00
Approved Indirect Costs Rate: Approved Federally Recognized Indirect Costs Rate: 24%
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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Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
2019-20 Puget Sound Partnership/EPA Task Total
MRC Operations $ 13,810.00
Monitoring Projects:bull kelp and forage fish $ 780.00
Rain gardens and stormwater $ 6,234.00
Eelgrass and shellfish voluntary no anchor zones $ 576.00
Education and outreach $ 1,230.00
Olympia oyster restoration $ 3,370.00
Total: $ 26,000.00
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State of Washington Department of Ecology Page 21 of 37
Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
BUDGET
Funding Distribution EG200085
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: 2020-21 Washington State Funding Type: Grant
Funding Effective Date: 07/01/2020 Funding Expiration Date: 06/30/2021
Funding Source:
Title: General Fund-State
Type: State
Funding Source%: 100%
Description: Washington State general funds,2019-2021 biennium
Approved Indirect Costs Rate: Approved Federally Recognized Indirect Costs Rate:24%
Recipient Match%: 0%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
2020-21 Washington State Task Total
MRC Operations $ 40,000.00
Monitoring Projects:bull kelp and forage fish $ 0.00
Rain gardens and stormwater $ 10,000.00
Eelgrass and shellfish voluntary no anchor zones $ 4,000.00
Education and outreach $ 0.00
Olympia oyster restoration $ 0.00
Total: $ 54,000.00
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State of Washington Department of Ecology Page 22 of 37
Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
BUDGET
Funding Distribution EG200086
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: 2020-21 Puget Sound Partnership/EPA Funding Type: Grant
Funding Effective Date: 10/01/2020 Funding Expiration Date: 09/30/2021
Funding Source:
Title: Puget Sound Partnership/EPA
Type: Federal
Funding Source%: 100%
Description: Northwest Straits Commission and Marine Resources Committees
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: National Estuary Program
CFDA Number: 66.456
FAIN: CE-01J02301-0
Research Grant: No
Federal Award Date: 10/1/2019
Total Federal Award Amount: $1,600,000.00
Federal Funds Obligated To Recipient: $19,186.00
Approved Indirect Costs Rate: Approved Federally Recognized Indirect Costs Rate: 24%
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 23 of 37
Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
2020-21 Puget Sound Partnership/EPA Task Total
MRC Operations $ 11,210.00
Monitoring Projects:bull kelp and forage fish $ 0.00
Rain gardens and stormwater $ 6,300.00
Eelgrass and shellfish voluntary no anchor zones $ 1,676.00
Education and outreach $ 0.00
Olympia oyster restoration $ 0.00
Total:$ 19,186.00
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State of Washington Department of Ecology Page 24 of 37
Agreement No: SEANWS-2019-JeCoWS-00007
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
2019-20 Puget Sound 0.00 % $ 0.00 $ 26,000.00 $ 26,000.00
Partnership/EPA
2019-20 Washington State 0.00 % $ 0.00 $ 65,000.00 $ 65,000.00
2020-21 Puget Sound 0.00 % $ 0.00 $ 19,186.00 $ 19,186.00
Partnership/EPA
2020-21 Washington State 0.00 % $ 0.00 $ 54,000.00 $ 54,000.00
Total $ 0.00 $ 164,186.00 $ 164,186.00
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 the Puget Sound Partnership logo 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-01J65401.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
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Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
RECIPIENT agrees to comply with the cost principles of 2 CFR 200 Subpart E as appropriate to the award.
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.
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
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Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
the public should attempt to minimize barriers that interfere with the ability of LEP persons to meaningfully participate.
9. MANAGEMENT FEES
Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable.The term
"management fees or similar charges"refers to expenses added to the direct costs in order to accumulate and reserve funds for
ongoing business expenses,unforeseen liabilities,or for other similar costs which are not allowable under this CONTRACT.
Management fees or similar charges may not be used to improve or expand the project funded under this Agreement,except to
the extent authorized as a direct cost of carrying out the scope of work.
10. PEER REVIEW
The results of this project may affect management decisions relating to Puget Sound.Prior to finalizing any significant technical
products the Principal Investigator(PI)of this project must solicit advice,review,and feedback from a technical review or
advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how
respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or
products resulting from the funded study.
11. REIMBURSEMENT LIMITATION
If 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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Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
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
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Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONI'RACI.OR 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-2019-JeCoWS-00007
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 7-1-2019 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. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188,
Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all
products supplied under the agreement,providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages,web-based applications,software systems,video and audio content,and electronic
documents intended for publishing on Ecology's public web site.
4. 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.
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Agreement No: SEANWS-2019-JeCoWS-00007
Project Title: Jefferson County MRC Operations and Projects
Recipient Name: Jefferson County
• 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 hip when cultural resources or human remains are found at the project site.
c) If any archeological or historic resources are found while conducting work under this Agreement:
• Immediately stop work and notify the ECOLOGY Program,the Department of Archaeology and Historic Preservation at
(360)586-3064,any affected Tribe,and the local government.
d) If any human remains are found while conducting work under this Agreement:
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,and then the
ECOLOGY Program.
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.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
6. 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.
7. 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's Office of Financial Management's Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9
form at website,https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofm.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.
8. 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
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Recipient Name: Jefferson County
Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
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.
9. 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.
10. 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.
11. 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
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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.
12. 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 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-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,when
requested by ECOLOGY,shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data
collection files,map products,and all metadata and project documentation.
13. 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.
14. 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.
15. 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.
16. 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.
17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE)
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RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and women-owned
(WBE)businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to
take the following actions,when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE)
(866-208-1064)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as appropriate.
18. 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";(f)Ecology Funding Program Guidelines;and(g)
General Terms and Conditions.
19. 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)fmal 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.
20. 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
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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.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive,
and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others to
use the same for federal,state,or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;
present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data
in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials.ECOLOGY shall have the right to use or reproduce any printed or graphic
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.
22. 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.
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d) Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative of the State of Washington,
for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three(3)years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times,in
order to monitor and evaluate performance,compliance,and any other conditions under this Agreement.
23. 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.
24. 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.
25. STATE ENVIRONMENTAL POLICY ACT(SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental
Policy Act(Chapter 43.21 C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to
this provision.
26. 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.
27. 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
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Recipient Name: Jefferson County
imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced
packaging,office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper,and toxic free
products.
For more suggestions visit ECOLOGY's web page,Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the
RECIPIENT,at the sole discretion of ECOLOGY,for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in
writing for commencement of work,or the time period defined within the Scope of Work.
Non-Performance.The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of
ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement,and exercise any other rights under this Agreement.
Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement,in whole or in part,for any reason when it is the best interest of
ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,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 through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT.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
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ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part,at any time,by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents,data studies,surveys,drawings,maps,models,photographs,reports or other materials
prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds,identified herein.
29. 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.
30. 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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