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HomeMy WebLinkAbout111219_ca06 615 Sheridan Street �' Port Townsend, WA 98368 . �ethson www.JeffersonCountyPublicHealth.org Public Healt Consent Agenda October 3, 2019 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford, Environmental Public Health Director Tami Pokorny, Natural Resources Program Coordinator DATE: SUBJECT: Agenda Item - USDA Forest Service Dosewallips River Powerlines Reach Restoration; Upon signature - December 31, 2021; $17,500 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of USDA Forest Service Dosewallips River Powerlines Reach Restoration to conduct assessments and develop a conceptual design for salmon habitat restoration; Upon signature - December 31, 2021; $17,500 ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: This agreement provides part of the required match funding from RCO #18-1228C to acquire two shoreline parcels in the Lazy C Community along the Dosewallips River and will conduct assessments and develop a conceptual design for high value restoration actions to support habitat for salmon in the largely protected and unconfined Powerlines Reach (RM 1.3-2.5). The project will improve floodplain connectivity, diversity, and structure to benefit the Dosewallips subpopulation of Hood Canal Summer Chum salmon. FISCAL IMPACT/COST BENEFIT ANALYSIS: Total cost of this project is $203,208 and is funded as follows: $170,529 RCO Lower Big Quilcene River Floodplain Acquisitions, SRFB—Salmon State Projects $ 17,500 USDA, Forest Service Olympic National Forest $ 7,649 Conservation Futures Fund (Resolution #43-19) $ 7,530 Jamestown S'Klallam Tribe (in-kind contribution) $203,208 RECOMMENDATION: JCPH Management recommends BOCC signature of the USDA Forest Service Dosewallips River Powerlines Reach Restoration; Upon signature - December 31, 2021; $170,529 (SRFB) funding with match of$17,500 (USDA),�$.�7,,649 (Conservation Futures) and $7,530 (Jamestown S'Klallam Tribe) for a total $203,208. REV EW-107 0A/ ' Philip Morley, Co my dmf Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-94W (f) Always working for a safer and healthier community ~� tics OMB 0596-0217 USDA,Forest Service FS-1500-16 FS Agreement No. 19-PA-11060900-009 Cooperator Agreement No. PARTICIPATING AGREEMENT Between JEFFERSON,COUNTY OF And The UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE OLYMPIC NATIONAL FOREST This PARTICIPATING AGREEMENT is hereby entered into by and between Jefferson, County of, Environmental Public Health Department, hereinafter referred to as"Jefferson County," and the United States Department of Agriculture (USDA), Forest Service, Olympic National Forest, hereinafter referred to as the "U.S. Forest Service,"under the authority: Secure Rural Schools and Community Self-Determination Act of 2000, Public Law 106-393, 16 U.S.0 500, as reauthorized or amended. Background: This project is the first phase of implementing the Puget Sound Partnership Action Agenda Near Term Action(NTA) element#18-0164. This project work spans across other Federal, State, Tribal and public landownerships with the objective for improved watershed function through restoration of floodplain and channel migration processes. This first phase of work will engage and contract with technical consultants and engineers to conduct hydraulic modeling,habitat and geomorphology assessments. The goal of phase I is to identify locations and develop conceptual design alternatives for high impact restoration actions such as re- engaging side-channels and improving habitat on the Dosewallips River. The project is located in the largely protected Powerlines Reach within the watershed adjacent to National Forest System (NFS) lands:The preferred designs will be selected in consultation with a technical group convened by Jefferson County, including representation from landowner and community stakeholders. This work is a matching portion of a Recreation and Conservation Office (RCO) Salmon Recovery Funding Board (SRFB) Grant#18-1228 benefiting the same watershed area. Title: Dosewallips River Powerlines Reach Restoration I. PURPOSE: The purpose of this agreement is to document the cooperation between the parties to conduct assessments, engage the community, and develop alternative conceptual designs and a preliminary design for high value salmon habitat restoration actions. The project will improve floodplain connectivity, diversity, and structure for the Dosewallips within the largely protected and unconfined Powerlines Reach(RM 1.3-2.5). The first phase of the work will develop designs that will enhance or maintain existing floodplain habitat located on lands adjacent to Olympic National Forest lands, including lands within protected open spaces owned by Jefferson County, Page 1 of 14 (Rev. 9-15) IU�ISi USDA,Forest Service OMB 0596-0217 FS-1500-16 State Parks, and/or adjacent willing landowners. The project objectives are conducted in accordance with the following provisions and the hereby incorporated Financial Plan, Attachment A. II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: Jefferson County Environmental Public Health Department is a regulatory, not-for-profit, community-based, subdivision of Washington State government with the goal of applying on- the-ground conservation measures in Jefferson County, through education, outreach,technical assistance, and cost-sharing. Their mission is to protect the health of all Jefferson County residents by promoting safe, healthy communities and environments. Fisheries resources and corresponding functional habitat are some of the most important natural resources in Hood Canal watersheds (i.e. those watersheds within Jefferson County jurisdiction) and thus, a priority for conservation and restoration for Jefferson County Environmental Public Health Department. The U.S. Forest Service has wide ranging resource management responsibilities for the protection, development and improvement of NFS lands, and recognizes the advantages of using the services provided by cooperating organizations in the furtherance of its mission in "caring for the land and serving the people". One of the four strategic goals of the U.S. Forest Service's Strategic plan is sustaining our nation's forests and grasslands, of which one objective is fostering resilient and adaptive ecosystems. This project work in partnership with Jefferson County, directly addresses this objective by providing information for restoration of natural ecological processes through an active stream network, improving ecological function and infrastructure integrity and resilience. In consideration of the above premises,the parties agree as follows: III. JEFFERSON COUNTY SHALL: A. LEGAL AUTHORITY. Jefferson County shall have the legal authority to enter into this agreement, and the institutional, managerial, and financial capability to ensure proper planning,management, and completion of the project, which includes funds sufficient to pay the non-Federal share of project costs,when applicable. B. Provide for regular communication and open exchange of ideas among project consultants,partners, landowners, and other community members. C. Coordinate the scope and implementation of this agreement with the requirements of the Salmon Recovery Funding Board Grant#18-1228 for successful funding and delivery of project objectives. D. Select, hire and administer a contract with a consultant/engineer to develop habitat and geomorphology assessments to identify locations where habitat quantity and quality may be most significantly expanded and improved for watershed-wide impacts,through specific improvements applied within the Powerlines Reach, such as by re-engaging side channels. Page 2 of 14 (Rev. 9-15) USDA,Forest Service OMB 0596-0217 FS-1500-16 E. Collaborate with the Port Gamble S'Klallam Tribe to repeat the Powerlines Reach portion of the PGSKT 2005 Habitat Assessment with 2017 LiDAR donated by the Tribe,to characterize the distribution, quantity, and retention of salmon habitat- generating wood. Jefferson County will incorporate the results of the re-assessment into the engineering contract scope for project alternative development. F. Jefferson County will coordinate all communications between the tribe,the U.S. Forest Service, and other partners, and ensure implementation of their needs within the project. G. Develop conceptual design alternatives for restoration actions in the Powerlines Reach. A feasibility study will accompany the designs to gage pros and cons with respect to habitat,private lands, and infrastructure. H. Travel to and coordinate site field trips,public outreach, alternative review and selection coordination and overall project planning efforts. IV. THE U.S. FOREST SERVICE SHALL: A. PAYMENT/REIMBURSEMENT. The U.S. Forest Service shall reimburse Jefferson County for the U.S. Forest Service's share of actual expenses incurred, not to exceed $17,500.00, as shown in the Financial Plan. In order to approve a Request for Reimbursement, the U.S. Forest Service shall review such requests to ensure payments for reimbursement are in compliance and otherwise consistent with the terms of the agreement. The U.S. Forest Service shall make payment upon receipt of Jefferson County's quarterly invoice. Each invoice from Jefferson County shall display the total project costs for the billing period, separated by U.S. Forest Service and Jefferson County County's share. In-kind contributions must be displayed as a separate line item and must not be included in the total project costs available for reimbursement. The final invoice must display Jefferson County's full match towards the project, as shown in the financial plan, and be submitted no later than 90 days from the expiration date. Each invoice must include, at a minimum: 1. Jefferson County's name, address, and telephone number. 2. U.S. Forest Service agreement number. 3. Invoice date. 4. Performance dates of the work completed(start&end). 5. Total invoice amount for the billing period, separated by the U.S. Forest Service and Jefferson County share with in-kind contributions displayed as a separate line item. 6. Display all costs, both cumulative and for the billing period, by separate cost element as shown on the financial plan. 7. Cumulative amount of U.S. Forest Service payments to date. 8. Statement that the invoice is a request for payment by"reimbursement". 9. If using SF-270, a signature is required. Page 3 of 14 (Rev. 9-15) L1 USDA,Forest Service OMB0596-0217 FS-1500-16 10. Invoice Number, if applicable. The invoice must be forwarded to: EMAIL: SM.FS.asc raca@usda.gov FAX: 877-687-4894 POSTAL: USDA Forest Service Albuquerque Service Center Payments—Grants&Agreements 101B Sun Ave NE Albuquerque,NM 87109 Send a copy to: tammy.hoemneher@usda.gov B. Coordinate with Jefferson County on project planning, communication,and community outreach. C. Review and provide comment/guidance on restoration design. D. Travel to and participate in public outreach field trips. V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Principal Cooperator Contacts: Cooperator Project Contact I Cooperator Financial Contact Tami Pokorny,Natural Resources Susan Parke Monroe, Financial Program Coordinator Operations Coordinator 615 Sheridan Street 615 Sheridan Street Port Townsend, WA 98368 Port Townsend, WA 98368 Telephone: 360.379.4498 Telephone: 360.385.9444 FAX: 360.344.9311 FAX: 360.344.9311 Email: tpokorny@co.j efferson.wa.us Email: sparke@cojefferson.wa.us \ I Page 4 of 14 (Rev. 9-15) USDA,Forest Service OMB 0596-0217 FS-1500-16 Principal U.S. Forest Service Contacts: U.S. Forest Service Program U.S. Forest Service Administrative Manager Contact Contact Name: Tammy D Hoem Amy Verellen, Lead Grants Management 1835 Black Lake Blvd SW Specialist Olympia, WA 98512 215 Melody Lane Telephone: 360.956.2293 Wenatchee, WA 98801 Email: tammy.hoemneher@usda.gov Telephone: 509.664.9231 Email: amy.verellen@usda.gov B. NOTICES. Any communications affecting the operations covered by this agreement given by the U.S. Forest Service or Jefferson County are sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: To the U.S. Forest Service Program Manager, at the address specified in the agreement. To Jefferson County, at the address shown in the agreement or such other address designated within the agreement. Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. C. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the U.S. Forest Service or Jefferson County from participating in similar activities with other public or private agencies, organizations, and individuals. D. ENDORSEMENT. Any of Jefferson County's contributions made under this agreement do not by direct reference or implication convey U.S. Forest Service endorsement of Jefferson County's products or activities. E. USE OF U.S. FOREST SERVICE INSIGNIA. In order for Jefferson County to use the U.S. Forest Service Insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted from the U.S. Forest Service's Office of Communications(Washington Office). A written request will be submitted by the U.S. Forest Service to the Office of Communications Assistant Director,Visual Information and Publishing Services, prior to use of the insignia. The U.S. Forest Service will notify the Jefferson County when permission is granted. F. NON-FEDERAL STATUS FOR COOPERATOR PARTICIPANT. Jefferson County agree(s)that any of Jefferson County's employees, volunteers, and program participants shall not be deemed to be Federal employees for any purposes including Chapter 171 of Title 28, United States Code (Federal Tort Claims Act) and Chapter 81 of Title 5,United States Code(OWCP), as Jefferson County hereby willingly agree(s)to assume these responsibilities. Page 5 of 14 (Rev. 9-15) LU�RS1 USDA,Forest Service OMB 0596-0217 FS-1500-16 Further, Jefferson County shall provide any necessary training to Jefferson County's employees, volunteers, and program participants to ensure that such personnel are capable of performing tasks to be completed. Jefferson County shall also supervise and direct the work of its employees, volunteers, and participants performing under this agreement. G. MEMBERS OF CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate to, Congress shall be admitted to any share or part of this agreement, or benefits that may arise therefrom, either directly or indirectly. H. NONDISCRIMINATION. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies,the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity(including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information(e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally,program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form,AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1)mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or(3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. I. ELIGIBLE WORKERS. Jefferson County shall ensure that all employees complete the I-9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act(8 USC 1324a). Jefferson County shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract awarded under this agreement. J. SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT (SAM). Jefferson County shall maintain current information in the System for Award Management(SAM)until receipt of final payment. This requires review and Page 6 of 14 (Rev. 9-15) r USDA,Forest Service OMB 0596-0217 FS-1500-16 update to the information at least annually after the initial registration, and more frequently if required by changes in information or agreement term(s). purposes oses of this agreement, System for Award Management(SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov. K. STANDARDS FOR FINANCIAL MANAGEMENT. 1. Financial Reporting Jefferson County shall provide complete, accurate, and current financial disclosures of the project or program in accordance with any financial reporting requirements, as set forth in the financial provisions. 2. Accounting Records Jefferson County shall continuously maintain and update records identifying the source and use of funds. The records shall contain information pertaining to the agreement, authorizations, obligations, unobligated balances, assets, outlays, and income. 3. Internal Control Jefferson County shall maintain effective control over and accountability for all U.S. Forest Service funds,real property, and personal property assets. Jefferson County shall keep effective internal controls to ensure that all United States Federal funds received are separately and properly allocated to the activities described in the agreement and used solely for authorized purposes. 4. Source Documentation Jefferson County shall support all accounting records with source documentation. These documentations include, but are not limited to, cancelled checks, paid bills, payrolls, contract and contract documents. These documents must be made available to the U.S. Forest Service upon request. L. LIMITATION OF FUNDS. U.S. Forest Service funds in the amount of$17,500.00 are currently available for performance of this agreement through December 31, 2021. The U.S. Forest Service's obligation for performance of this agreement beyond this date is contingent upon the availability of appropriated funds from which payment can be made. There is no legal liability on the part of the U.S. Forest Service for any payment may arise for performance under this agreement beyond this amount until Jefferson County receive(s)notice of availability to be confirmed in a written modification by the U.S. Forest Service. Page 7 of 14 (Rev. 9-15) tica USDA Forest Service OMB 0596-0217 M. INDIRECT COST RATES-PARTNERSHIP Indirect costs are approved for reimbursement or as a cost-share requirement and have an effective period applicable to the term of this agreement. 1. If Jefferson County has never received or does not currently have a negotiated indirect cost rate, they are eligible for a de minimis indirect cost rate up to 10 percent of modified total direct costs (MTDC). MTDC is defined as all salaries and wages, fringe benefits, materials and supplies, services,travel, and contracts up to the first $25,000 of each contract. 2. For rates greater than 10 percent and less than 25 percent,Jefferson County shall maintain documentation to support the rate. Documentation may include, but is not limited to, accounting records, audit results, cost allocation plan, letter of indirect cost rate approval from an independent accounting firm, or other Federal agency approved rate notice applicable to agreements. 3. For a rate greater than 25 percent,the U.S. Forest Service may require that request a federally approved rate from Jefferson County's cognizant audit agency no later than 3 months after the effective date of the agreement. Jefferson County will be reimbursed for indirect costs or allowed to cost-share at the rate reflected in the agreement until the rate is formalized in the negotiated indirect cost rate (NICRA) at which time, reimbursements for prior indirect costs or cost-sharing may be subject to adjustment. 4. Failure to provide adequate documentation supporting the indirect cost rate,if requested, could result in disallowed costs and repayment to the U.S. Forest Service. N. OVERPAYMENT. Any funds paid to Jefferson County in excess of the amount entitled under the terms and conditions of this agreement constitute a debt to the Federal Government. The following must also be considered as a debt or debts owed by Jefferson County to the U.S. Forest Service: - Any interest or other investment income earned on advances of agreement funds;or -Any royalties or other special classes of program income which,under the provisions of the agreement, are required to be returned; If this debt is not paid according to the terms of the bill for collection issued for the overpayment,the U.S. Forest Service may reduce the debt by: 1. Making an administrative offset against other requests for reimbursement. 2. Withholding advance payments otherwise due to Jefferson County. 3. Taking other action permitted by statute (31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B). Page 8 of 14 (Rev.9-15) USDA,Forest Service OMB 05 17 FS-1500-0 16 Except as otherwise provided by law,the U.S. Forest Service may charge interest on an overdue debt. O. AGREEMENT CLOSE-OUT. Within 90 days after expiration or notice of termination Jefferson County shall close out the agreement. Anyunobligated balance of cash advanced to Jefferson Countymust be immediately g refunded to the U.S. Forest Service, including any interest earned in accordance with 7CFR3016.21/2CFR 215.22. Within a maximum of 90 days following the date of expiration or termination of this agreement, all financial performance and related reports required by the terms of the agreement must be submitted to the U.S. Forest Service by Jefferson County. If this agreement is closed out without audit,the U.S. Forest Service reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted later. P. PROGRAM MONITORING AND PROGRAM PERFORMANCE REPORTS. The parties to this agreement shall monitor the performance of the agreement activities to ensure that performance goals are being achieved. Performance reports must contain information on the following: -A comparison of actual accomplishments to the goals established for the period. Wherever the output of the project can be readily expressed in numbers, a computation of the cost per unit of output, if applicable. - Reason(s) for delay if established goals were not met. - Additional pertinent information. Jefferson County shall submit annual performance reports to the U.S. Forest Service Program Manager. These reports are due 90 days after the reporting period. The final performance report must be submitted either with Jefferson County's final payment request, or separately, but not later than 90 days from the expiration date of the agreement. Q. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. Jefferson County shall retain all records pertinent to this agreement for a period of no less than 3 years from the expiration or termination date. As used in this provision, records includes books, documents, accounting procedures and practice, and other data, regardless of the type or format. Jefferson County shall provide access and the right to examine all records related to this agreement to the U.S. Forest Service, Inspector General, or Comptroller General or their authorized representative. The rights of Page 9 of 14 (Rev. 9-15) U�S USDA,Forest Service OMB 0596-0217 FS-1500-16 access in this section must not be limited to the required retention period but must last as long as the records are kept. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the end of the 3-year period,the records must be kept until all issues are resolved, or until the end of the regular 3-year period, whichever is later. Records for nonexpendable property acquired in whole or in part, with Federal funds must be retained for 3 years after its final disposition. R. FREEDOM OF INFORMATION ACT(FOIA). Public access to grant or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 215.36. Public access to culturally sensitive data and information of Federally-recognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2008 Farm Bill). S. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order(EO) 13513, "Federal Leadership on Reducing Text Messaging While Driving,"any and all text messaging by Federal employees is banned: a)while driving a Government owned vehicle (GOV)or driving a privately owned vehicle (POV) while on official Government business; or b)using any electronic equipment supplied by the Government when driving any vehicle at any time. All Cooperatives,their Employees, Volunteers, and Contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. T. PUBLIC NOTICES. It is The U.S. Forest Service's policy to inform the public as fully as possible of its programs and activities. Jefferson County is/are encouraged to give public notice of the receipt of this agreement and, from time to time,to announce progress and accomplishments. Press releases or other public notices should reference the Agency as follows: "Natural Resources, Fisheries Program, Olympic National Forest of the U.S. Forest Service,U.S. Department of Agriculture" Jefferson County may call on The U.S. Forest Service's Office of Communication for advice regarding public notices. Jefferson County is/are requested to provide copies of notices or announcements to the U.S. Forest Service Program Manager and to the U.S. Forest Service's Office of Communications, as far in advance of release as possible. Page 10 of 14 (Rev. 9-15) USDA,Forest Service OMB 0596-0217 FS-1500-16 U. FUNDING OF EQUIPMENT. Federal funding under this agreement is gal available for reimbursement of Jefferson County's purchase of equipment. Equipment is defined as having a fair market value of$5,000 or more per unit and a useful life of over one year. V. PROPERTY IMPROVEMENTS. Improvements placed by Jefferson County on National Forest System land at the direction or with the approval of the U.S. Forest Service becomes property of the United States. These improvements are subject to the same regulations and administration of the U.S. Forest Service as would other national forest improvements of a similar nature.No part of this agreement entitles Jefferson County to any interest in the improvements, other than the right to use them under applicable U.S. Forest Service Regulations. W. CONTRACT REQUIREMENTS. Any contract under this agreement must be awarded following the Jefferson County's established procurement procedures,to ensure free and open competition, and avoid any conflict of interest(or appearance of conflict). Jefferson County shall maintain cost and price analysis documentation for potential U.S. Forest Service review. Jefferson County is/are encouraged to utilize small businesses, minority-owned firms, and women's business enterprises. X. U.S. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS, AUDIOVISUALS AND ELECTRONIC MEDIA. Jefferson County shall acknowledge U.S. Forest Service support in any publications, audiovisuals,and electronic media developed as a result of this agreement. Y. NONDISCRIMINATION STATEMENT—PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL. Jefferson County shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any Federal funding. In accordance with Federal law and U.S.Department of Agriculture policy,this institution is prohibited from discriminating on the basis of race,color, national origin,sex, age,or disability. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free voice (866) 632- 9992, TDD (800) 877-8339, or voice relay(866) 377-8642. USDA is an equal opportunity provider and employer. If the material is too small to permit the full statement to be included,the material must, at minimum, include the following statement, in print size no smaller than the text: "This institution is an equal opportunity provider." Page 11 of 14 (Rev. 9-15) USDA,Forest Service OMB 0596-0217 �^pp FS-1500-16 Z. REMEDIES FOR COMPLIANCE RELATED ISSUES. If Jefferson County materially fail(s)to comply with any term of the agreement,whether stated in a Federal statute or regulation, an assurance, or the agreement,the U.S. Forest Service may take one or more of the following actions: 1. Temporarily withhold cash payments pending correction of the deficiency by Jefferson County or more severe enforcement action by the U.S. Forest Service; 2. Disallow(that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current agreement for Jefferson County's program; 4. Withhold further awards for the program, or 5. Take other remedies that may be legally available, including debarment procedures under 2 CFR part 417. AA. TERMINATION BY MUTUAL AGREEMENT. This agreement may be terminated, in whole or part, as follows: 1. When the U.S. Forest Service and Jefferson County agree upon the termination conditions, including the effective date and, in the case of partial termination,the portion to be terminated. 2. By 30 days written notification by Jefferson County to the U.S. Forest Service setting forth the reasons for termination, effective date, and in the case of partial termination,the portion to be terminated. If the U.S. Forest Service decides that the remaining portion of the agreement will not accomplish the purposes for which the agreement was made,the U.S. Forest Service may terminate the agreement in its entirety. Upon termination of an agreement, Jefferson County shall not incur any new obligations for the terminated portion of the agreement after the effective date, and shall cancel as many outstanding obligations as possible. The U.S. Forest Service shall allow full credit to Jefferson County for the U.S. Forest Service share of obligations that cannot be cancelled and were properly incurred by Jefferson County up to the effective date of the termination. Excess funds must be refunded within 60 days after the effective date of termination. BB. ALTERNATE DISPUTE RESOLUTION—PARTNERSHIP AGREEMENT. In the event of any issue of controversy under this agreement,the parties may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to conciliation, facilitation, mediation, and fact finding. Page 12 of 14 (Rev. 9-15) LU�RS1 USDA,Forest Service OMB 0596-0217 .per® FS-1500-16 CC. DEBARMENT AND SUSPENSION. Jefferson County shall immediately inform the U.S. Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the Federal Government according to the terms of 2 CFR Part 180. Additionally, should Jefferson County or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the U.S. Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. DD. PROHIBITION AGAINST INTERNAL CONFIDENTIAL AGREEMENTS: All non-federal government entities working on this agreement will adhere to the below provisions found in the Consolidated Appropriations Act, 2016, Pub. L. 114- 113, relating to reporting fraud,waste and abuse to authorities: (a) The recipient may not require its employees, contractors, or subrecipients seeking to report fraud,waste,or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The recipient must notify its employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph(a) of this award provision are no longer in effect. (c) The prohibition in paragraph(a)of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d) If the Government determines that the recipient is not in compliance with this award provision, it: (1) Will prohibit the recipient's use of funds under this award, in accordance with sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113)or any successor provision of law; and (2)May pursue other remedies available for the recipient's material failure to comply with award terms and conditions. EE. MODIFICATIONS. Modifications within the scope of this agreement must be made by mutual consent of the parties,by the issuance of a written modification signed and Page 13 of 14 (Rev. 9-15) USDA.Forest Service OM 130596-0217 `mac' FS-1500-16 dated by all properly authorized, signatory officials, prior to any changes being performed. Requestsdays for modification should be made, in writing, at least 30 da s prior to implementation of the requested change. The U.S. Forest Service is not obligated to fund any changes not properly approved in advance. FF. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date of the last signature and is effective through December 31,2021 at which time it will expire. The expiration date is the final date for completion of all work activities under this agreement. GG. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this agreement. In Witness Whereof, the parties hereto have executed this agreement as of the last date written below. KATE DEAN, Chairman Date Jefferson County RETA LAFORD, Forest Supervisor Date U.S. Forest Service. Olympic National Forest The authority and format of this agreement (19-PA-11060900-009) have been reviewed and approved for signature. aL, z) r AMY D. V RELLEN Da e U.S. Forest Service Grants Management Specialist ApAroved afor only: Date: 11/1,17 Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney Burden Statement Jefferson County Prosecuting Attorney's Office According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a persons not required to respond to a collection of information unless it displays a valid OMB control number.The valid OMB control number for this information collection is 0596.0217.The time required to complete this information collection is estimated to average 4 hours per response,including the time for reviewing instructions,searching existing data sources.gathering and maintaining the data needed,and completing and reviewing the collection of information. The U.S.Department of Agriculture(USDA)prohibits discrimination in all its programs and activities on the basis of race,color,national origin,age,disability,and where applicable,sex,marital status,familial status,parental status,religion,sexual orientation,genetic information,political beliefs,reprisal,or because all or part P r9 P of an individual's income is derived from any public assistance.(Not all prohibited bases apply to all programs.)Persons with disabilities who require alternative means for communication of program information(Braille,large print,audiotape,etc.)should contact USDA's TARGET Center at 202-720-2600(voice and TDD). To file a complaint of discrimination,write USDA,Director,Office of Civil Rights.1400 Independence Avenue,SW,Washington,DC 20250-9410 or call toll free (866)632-9992(voice).TDD users can contact USDA through local relay or the Federal relay at(800)877-8339(TDD)or(866)377-8642(relay voice).USDA is an equal opportunity provider and employer. 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O m m cr D — n O co o u O o cn f— w cn a 0 0 co O u__F- .r cn c N a) 0 E O -C u_ O co U) Q D WORKSHEET FOR FS Non-Cash Contribution Cost Analysis, Column (a) Salaries/Labor Standard Calculation Job Description Cost/Day #of Days 1Total program manager $488.18 3 $1,464.54 fisheries biologist(reviewer) $450.00 3 $1,350.00 engineer(reviewer) $450.00 5 $2,250.00 Total Salaries/Labor J I $5,064.54 Travel Standard Calculation Travel Expense (Employees 'Cost/Trip 1#of Trips I (Total Daily vehicle cost 2 $28.00 3 $168.00 Total Travel J I $168.00 Supplies/Materials Standard Calculation Supplies/Materials I 1#of Items Cost/Item (Total $0.00 Total Supplies/Materials J L_ $0.00 Other Expenses Standard Calculation Item I#of Units ICost/Unit I (Total $0.00 Total Other _ $0.00 Subtotal Direct Costs $5,232.54 Forest Service Overhead Costs Current Overhead Rate Subtotal Direct Costs I (Total 10.00% $5,232.54 $523.25 Total FS Overhead Costs _ I $523.21 TOTAL COST $5,755.79 WORKSHEET FOR FS Cash to the Cooperator Cost Analysis, Column (b) Salaries/Labor Standard Calculation Job Description Cost/Day #of Days (Total Non-Standard Calculation Total Estimated Description USFS Share Project Cost_ Total Project Manager-Administration, contract management, meeting coordination, concept and assessment reviews, etc. 15% $27,000.00 $4,050.00 Coordinator for Landowner Outreach- public meetings, communications, etc. 15% $10,000.00 $1,500.00 Total Salaries/Labor $5,550.00 Travel Standard Calculation Travel Expense I Employees ICost/Trip #of Trips I Total $0.00 Total Travel I $0.001 Supplies/Materials Standard Calculation Supplies/Materials #of Items Cost/Item Notal $0.00 Notal Supplies/Materials $0.00 Other Expenses Standard Calculation Item I#of Units Cost/Unit Total Non-Standard Calculation Estimated Description USFS Share Project Cost_ Total Contracts-engineering, assessments, concept design development, etc. 15% $69,060.63 $10,359.09 (Total Other I$10,359.091 Subtotal Direct Costs I $15,909.09 Cooperator Indirect Costs Current Overhead Rate 'Subtotal Direct Costs Total 10.00% $15,909.09 $1,590.91 Total Coop.Indirect Costs I $1,590.91 TOTAL COST $17,500.00 WORKSHEET FOR Cooperator Non-Cash Contribution Cost Analysis, Column (c) Salaries/Labor Standard Calculation Job Description ICost/Day #of Days (Total Agreement Administrator/Project Manager $400.00 13.75 $5,500.00 Non-Standard Calculation Jefferson Total Estimated Description County Share Project Cost Total Project Manager-Administration, contract management, meeting coordination, concept and assessment reviews, etc. 85% $27,000.00 $22,950.00 Coordinator for Landowner Outreach- public meetings, communications, etc. 85% $10,000.00 $8,500.00 Total Salaries/Labor I $36,950.00 Travel Standard Calculation Travel Expense Employees ICost/Trip 1#of Trips (Total Meetings and site visits 1 $30.00 3 $90.00 Total Travel $90.00 Other Expenses Standard Calculation Item I 1#of Units Cost/Unit (Total Non-Standard Calculation Jefferson Estimated Project Description County Share Cost Total Contracts -engineering, assessments, concept design development, etc. 85% $69,060.63 $58,701.54 Total Other _ [_ $58,701.54 Subtotal Direct Costs $95,741 .54 Cooperator Indirect Costs Current Overhead Rate Subtotal Direct Costs I Total Applied only to Agreement Administrator salary 10.00% $5,590.00 and travel $559.00 Total Coop. Indirect Costs $559.00 TOTAL COST $96,300.54 WORKSHEET FOR Cooperator In-Kind Contribution Cost Analysis, Column (d) Salaries/Labor Standard Calculation Job Description Cost/Day 1#of Days 1 Total $0.00 Total Salaries/Labor $0.001 Travel Standard Calculation Travel Expense I Employees ICost/Trip I#of Trips I Total $0.00 Total Travel $0.00I Supplies/Materials Standard Calculation Supplies/Materials I I#of Items 'Cost/Item Total $0.00 Total Supplies/Materials $0.001 Other Expenses Standard Calculation Item #of Units Cost/Unit I (Total Tribal donation: 2019 Aerial Images of Floodplain 1 $2,389.00 $2,389.00 2018 Aerial Images of Floodplain 1 $1,000.00 $1,000.00 2017 Aerial Images of Floodplain 1 $1,000.00 $1,000.00 2016 Aerial Images of Floodplain 1 $563.00 $563.00 Total Other $4,952.00 Subtotal Direct Costs $4,952.00 TOTAL COST $4,952.00