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HomeMy WebLinkAboutWashington State Department of Ecology - 111819 (0002)RECEIVED DEPARTMENT OF NOV 22 2019 WECOLOGY Eio xswm4� State of Washington A .. 9L�)7. Agreement No. SWMLSWFA-2019-JeCoEH-00046 SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIALASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY ENVIRONMENTAL HEALTH 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 ENVIRONMENTAL HEALTH, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: 2019-21 LSWFA Jefferson Co EH - IMP $90,803.20 $90,803.20 $68,102.40 $22,700.80 07/01/2019 06/30/2021 Planning/Implementation Jefferson County Environmental Health will spend $90,803.20 to increase the amount of material collected from businesses, schools, and households for recycling, to reduce recycling contamination, to divert organic waste from disposal through home composting and on-site school composting systems, and to increase the amount of surplus perishable edible food rescued to feed people in need. Project Long, Description: See the Scope of Work section for more detailed information related to individual Tasks. Overall Goal: Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoEH-00046 Project Title: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH laws. Template Version 10/3012015 Page 2 of 24 State of %whingoon Depm*nca of Ecology Agro mentNo: SWMLSWFA-2019-JeCoEH-00046 Projed Tide: 2019-21 LSWFA Jeffason Co Eli - Be Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH RECIPIENT INFORMATION Organization Name Federal Tax ID: DUNS Number: Mailing Address: Physical Address: Organization Fax: Contacts Template Version 10/30/2015 JEFFERSON COUNTY ENVIRONMENTAL HEALTH 91-6001322 184826790 615 Sheridan St Port Townsend, WA 98368 615 Sheridan St Port Townsend, Washington 98368 (360) 379-4487 Page 3 of 24 State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoEH-00046 Project Title: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH Page 4 of 24 Project Manager Laura Tucker 615 Sheridan Street Port Townsend, Washington 98368 Email: Itucker@co.jefferson.wa.us Phone: (360) 3794491 Billing Contact Susan Parke Financial Operations Coordinator 615 Sheridan Street Port Townsend, Washington 98368 Email: sparke@co.jefferson.wa.us Phone: (360) 385-9437 Kate Dean Authorized Chair. Board of County Commissioners, District I Signatory PO Box 1220 Port Townsend, Washington 98368 Email: kdean@co.jefferson.wa.us Phone: (360) 385-9100 Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoEH-00046 Project Title: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH ECOLOGY INFORMATION Mailing Address: Department of Ecology Solid Waste Management PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Solid Waste Management 300 Desmond Drive SE Lacey, WA 98503 Contacts Page 5 of 24 Template Version 10/30/2015 Peter Guttchen Project Manager PO Box 47775 Olympia, Washington 98504-7775 Email: PGUT461@ecy.wa.gov Phone: (360) 407-6612 Peter Guttchen Financial Manager PO Box 47775 Olympia, Washington 98504-7775 Email: PGUT461@ecy.wa.gov Phone: (360) 407-6612 Template Version 10/30/2015 State of Washington Department of Ecology Page 6 of 24 Agreement No: SWMLSWFA-2019-JeCoEH-00046 Project Title: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH 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 Department of Ecology JEFFERSON COUNTY ENVIRONMENTAL HEALTH By. i, l By. Laurie Davies Solid Waste Management Program Manager Template Approved to Form by Attorney General's Office Template Version 10/30/2015 Date Kate Dean Date Chair, Board of County Commissioners, District 1 A oved a fo only: C.� Date: // L Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney Jefferson County Prosecuting Attorney's Office State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoEH-00046 Project Title: 2019-21 LSWFA Jefferson Cc EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMEN'T'AL HEALTH SCOPE OF WORK Task Number: 1 Task Cost: $19,783.20 Task Title: Residential Recycling/Waste Prevention Task Description: Activity: Recycling Contamination Reduction Campaign Work to be done: Page 7 of 24 • Conduct baseline audits at 3 dropbox recycling collection sites to determine the weight, the percentage, and the primary types of dropbox recycling contamination. Surveys will also be done to determine the level of knowledge site users have about how to recycle right to reduce contamination. • Conduct baseline audits of the curbside residential recycling bins in 4 neighborhoods. At least 50 households will be audited in each neighborhood. The number of incorrect items or incorrectly prepared items in the bins will be logged and the bins will be tagged to educate the homeowner how to recycle right. • Design and conduct an anti -contamination education and outreach campaign based on the findings of the baseline dropbox and curbside recycling bin audits. This campaign will include 10 community presentations, local advertising, and the design and distribution of new recycling flyers. • Conduct follow-up recycling dropbox audits and site user surveys to determine the effectiveness of the education and outreach campaign. The recycling contamination found at each dropbox site will be weighed and compared to the weight of the recycling contamination found in the initial audits. This data will be used to estimate the total tons of contamination reduced at the dropbox recycling sites audited under this Task. Conduct follow-up audits of the same households initially audited under this Task. The number of incorrect items or incorrectly prepared items in the bins will be logged and used to calculate the change in the number and percentage of these items placed at the curb for collection. Activity: Event Recycling Work to be done: • Loan existing recycling stations for use at 15 events and collect data on the total number of tons collected for recycling at each event. Activity: Home Composting Work to be done: • Conduct 8 home composting workshops. At least 200 households are expected to attend the workshops and receive a home composting bin. • Conduct post -workshop surveys to determine the number of households that have started composting at home and estimate the amount of organic waste diverted from disposal based on the survey results. Costs approved by ECOLOGY: Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoEH-00046 Project Tide: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH • RECIPIENT stafftime to perform work under this Task. Page 8 of 24 Costs requiring ECOLOGY pre -approval: • Tools and supplies to perform work under this Task. • Development of materials to support education and outreach through various media including but not limited to newsprint, radio, websites, presentations, and direct mailings. Prior to incurring costs for advertisements or publications, RECIPIENT must obtain ECOLOGY review and approval. • RECIPIENT staff to attend trainings and workshops in order to stay current with emerging solid waste issues. Costs not reimbursable under this Task: • Home composting bins. • New event recycling stations. RECIPIENT is encouraged to seek ECOLOGY pre -approval for other costs not directly identified in this scope of work. Invoices and time accounting submitted with RECIPIENT's request for reimbursement must support eligibility of expenses. Reimbursement for costs incurred by contractors to implement LSWFA funded activities identified under this task are subject to the same eligibility and reimbursement requirements as the RECIPIENT, and require ECOLOGY approval. Task Goal Statement: The goals of this task are to: • Reduce contamination of the materials collected curbside and at dropbox sites for recycling to improve their marketability and to reduce program costs. • Increase the amount of material collected for recycling at community events. • Divert organic waste from the landfill by increasing the number of households that compost at home. Task Expected Outcome: The RECIPIENT expects to achieve the following outcomes: • Reduce contamination at recycling dropbox sites by 60 tons. • Collect 10 tons intended for recycling at community events. • Divert 182 tons of organic waste from disposal by increasing the number of households that compost at home. • Reduce the number of incorrect or incorrectly prepared items in curbside recycling bins by 25%. Recipient Task Coordinator: Laura Tucker Residential Recycling/Waste Prevention Deliverables Number Description Due Date 1.1 Work as defined in the Scope of Work for this Agreement is implemented. 06/30/2021 Template Version 10/30/2015 State of Washington Department of Ecology Page 9 of 24 Agreement No: SWMLSWFA-7019-JeCoEH-00046 Project Title: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH SCOPE OF WORK Task Number: 2 Task Cost: $41,818.00 Task Title: Business Recycling/Waste Prevention Task Description: Activity: Green Business Program RECIPIENT staff will significantly update and enhance the Jefferson County Green Business (JCGB) program originally developed to provide technical assistance to local businesses on how to prevent waste, to recycle more, to recycle right to reduce contamination, and to use less toxic products. The JCGB program was discontinued in 2014 due to staff and funding cuts. The updated and enhanced JCGB program will replace the previous JCGB program and the RECIPIENTS previous participation in the EnviroStars program in a way that is more cost-effective and more customized to meet the needs of all Jefferson County businesses. To publicize the new program, RECIPIENT staff will conduct an outreach campaign that will include newspaper articles, radio station interviews, outreach through the Chamber of Commerce and community events, and direct invitations and on-site visits to interested businesses. RECIPIENT staff will also facilitate 4 workshops for businesses to share their success stories and to recruit new businesses to join the program. The RECIPIENT expects to transition 23 previous EnviroStar businesses and enroll 50 new businesses into the JCGB program. All participating businesses will be surveyed to identify the specific changes they make to reduce waste after joining the JCGB program. RECIPIENT staff will conduct waste and recycling audits at 10 participating businesses including restaurants, schools, auto shops, government offices, and hospitals. This data will be used to calculate the reduction in recycling contamination and the amount of new material recycled at these businesses after joining the JCGB program. Activity: School Recycling Work to be done: • Conduct 20 classroom presentations on recycling across three school districts focusing on what's recyclable and on how to recycle right to reduce contamination. A survey will be sent home to families prior to the classroom presentations to assess their knowledge of these topics. The results of these anonymous surveys will be used to customize the classroom presentations to address specific knowledge gaps and to inform the design of the RECIPIENT's overall campaign to reduce recycling contamination. • Conduct pre -and post -presentation assessments of students' knowledge of how to recycle right to measure the effectiveness of the presentations and how they could be improved. Costs approved by ECOLOGY: • RECIPIENT staff time to perform work under this Task. Costs requiring ECOLOGY pre -approval: • Tools and supplies to perform work under this Task. Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoEH400046 Project Title: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH Page 10 of 24 • Development of materials to support education and outreach through various media including but not limited to newsprint, radio, websites, presentations, and direct mailings. Prior to incurring costs for advertisements or publications, RECIPIENT must obtain ECOLOGY review and approval. • RECIPIENT staff to attend trainings and workshops in order to stay current with emerging solid waste issues. RECIPIENT is encouraged to seek ECOLOGY pre -approval for other costs not directly identified in this scope of work. Invoices and time accounting submitted with RECIPIENTS request for reimbursement must support eligibility of expenses. Reimbursement for costs incurred by contractors to implement LSWFA funded activities identified under this task are subject to the same eligibility and reimbursement requirements as the RECIPIENT, and require ECOLOGY approval. Task Goal Statement: The goals of this task are to: • Reduce the amount of business waste diverted from disposal by providing technical assistance and recognition to businesses to prevent waste, to recycle more, and to recycle right to reduce contamination. • Educate K-12 students and their families on what's recyclable and how to recycle right to increase the amount of material collected for recycling and to reduce recycling contamination. Task Expected Outcome: RECIPIENT expects to achieve the following outcomes by June 30, 2021: • Reduce business recycling contamination by 25% at participating Green businesses. • Increase the amount of material collected from businesses for recycling by 3 tons. RECIPIENT expects to achieve the following outputs by June 30, 2021: • Transition 23 previous EnviroStar businesses into the updated and enhanced Jefferson County Green Business Program. • Enroll 50 new businesses into the updated and enhanced Jefferson County Green Business Program. • Conduct 20 classroom presentations on what's recyclable and how to recycle right. Recipient Task Coordinator: Laura Tucker Business Recycling/Waste Prevention Deliverables Number Description Doe Date 2.1 Work as defined in the Scope of Work for this Agreement is implemented. Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoEH-00046 Project Tide: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH SCOPE OF WORK Task Number: 3 Task Cost: $29,202.00 Task Title: Food Waste Prevention Task Description: Activity: School Food Rescue and Composting Page I I of 24 Work to be done: • Conduct audits of the cafeteria waste at one school in three different school districts in Jefferson County to gather baseline data on the amount of edible and inedible food collected for disposal. These initial audits will be completed by March, 2020. • Provide technical assistance to staff and student leaders at participating schools to implement a food rescue program for surplus edible food and an on-site composting program for inedible food scraps. Curriculum will also be provided to teachers with lessons on reducing wasted food. • Conduct follow-up audits of cafeteria waste to measure the impact of the technical assistance and curriculum provided by RECIPIENT staff on the amount of food collected for disposal at participating schools. These follow-up audits will be completed by June, 2020. Activity: Business Food Rescue Work to be done: - Organize, facilitate and host four bi-annual conferences for up to 30 stakeholders to identify barriers to rescuing surplus nutrient -dense edible food to feed people in need and to develop a plan for overcoming those barriers. Stakeholders will include organizations that generate surplus edible food including schools, hospitals, restaurants, caterers, grocery stores, and farmers; organizations that are looking for more nutrient -dense surplus edible food to distribute to people in need such as food banks and community meal programs; and regulatory agencies responsible for ensuring donated food is collected and distributed safely. - Prepare a report on the conference findings and provide technical assistance to interested stakeholders to implement the solutions identified at the conferences. • Collect and report data on the amount of food rescued from the increased donations that result from the work done under this Task. Costs approved by ECOLOGY: • RECIPIENT staff time to perform work under this Task. Costs requiring ECOLOGY pre -approval: • Tools and supplies to perform work under this Task. • Development of materials to support education and outreach through various media including but not limited to newsprint, radio, websites, presentations, and direct mailings. Prior to incurring costs for advertisements or publications, RECIPIENT must obtain ECOLOGY review and approval. - RECIPIENT staff to attend trainings and workshops in order to stay current with emerging solid waste issues. Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: SWM LSWFA-2019-1eCoEH-00046 Project Title: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH Page 12 of 24 RECIPIENT is encouraged to seek ECOLOGY pre -approval for other costs not directly identified in this scope of work. Invoices and time accounting submitted with RECIPIENTS request for reimbursement must support eligibility of expenses. Reimbursement for costs incurred by contractors to implement LSWFA funded activities identified under this task are subject to the same eligibility and reimbursement requirements as the RECIPIENT, and require ECOLOGY approval. Task Goal Statement: The goals of this task are to increase the amount of surplus edible food donated to feed people in need and to reduce the amount of organic waste diverted from disposal in Jefferson County. Task Expected Outcome: RECIPIENT expects to achieve the following outcomes: • Rescue 30 tons of surplus edible food to feed people in need. • Divert 8 tons of school organic waste from disposal through school composting systems. • Prepare and distribute a report on the findings of the food rescue conferences to identify ways to increase the amount of surplus edible food donated to feed people in need. Recipient Task Coordinator: Laura Tucker Food Waste Prevention Deliverables Number Description Due Date 3.1 Work as defined in the Scope of Work for this Agreement is implemented. 06/30/2021 Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoEH400046 Project Tide: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH BUDGET Funding Distribution EG200348 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: Funding Effective Date Funding Source: Title: Type: Funding Source %: Description: 2019-21 Jefferson County EH - IMP Funding Type: Grant 07/01/2019 Funding Expiration Date: 06/30/1021 Model Toxics Control Operating Account (MTCOA) State 100% Local Solid Waste Financial Assistance Approved Indirect Costs Rate: Approved State Indirect Rate: 30% Recipient Match %: 25% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No 2019-21 Jefferson County EH - IMP Task Total Residential Recycling/Waste Prevention $ 19,783.20 Business Recycling/Waste Prevention 41,818.00 Food Waste Prevention 29,202.00 Total: $ 90,803.20 Template Version 10/30/2015 Page 13 of 24 State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoEH-00046 Project Title: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH Fundine Distribution Summary Recipient / Ecology Share Page 14 of 24 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total 2019-21 Jefferson County EH - IMP 25.00 % $ 22,700.80 $ 68,102.40 $ 90,803.20 Total $ 22,700.80 $ 68,102.40 $ 90,803.20 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly. The Spending Plan and Outcomes Data Collection form must be submitted along with a Payment Request/Progress Report. By checking the box provided in the Outcomes Data Collection section of the form, the RECIPIENT certifies that the outcomes reported for that quarter represent ONLY what was achieved with LSWFA (Ecology share plus local contribution). RECIPIENT shall not report outcomes achieved with funds that exceed the LSWFA Agreement's total budget. RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial (including payment requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement of payment requests received after this date. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A CERTIFICATION REGARDING SUSPENSION DEBARMENT INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoEH4)0046 Project Title: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH Page 15 of 24 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 REOUIREMENTS: 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.lsrs.gov <http://www.lsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov --http://www.usaspendinL,.gov/>. For more details on FFATA requirements, see www.fsrs.gov --http://www.fsrs.govi%. Template Version 10/30/2015 State of Washington Department of Ecology Page 16 of 24 Agrement No: SWMLSWFA-2019-JeCoFH400046 Project Title: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH 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/i 701004.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 (httpsJ/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. Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoE 1-00046 Project Title: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH Page 17 of 24 • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. 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 dffected 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@ofin.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 Template Version 10/30/2015 State of Washington Departmerrt of Ecology AgreernentNo: SW ILMA-2019-JeCoEH-00046 Project Title: 2019-21 LSWFA Jefieraon Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH Page 18 of 24 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 RECIPIENTS 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 Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoEH-00046 Project Title: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH Page 19 of 24 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 (EIK, 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: httpsJ/ecology.wa.gov/Research-Data/Data-resources/Geogmphic-lnformation-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) Template Version 10/30!2015 State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoEH400046 Project Title: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENMONMENTAL HEALTH Page 20 of 24 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 Terns 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) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 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 I through March 31, April 1 through June 30, July 1 through Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoEH-00046 Project Tide: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH Page 21 of 24 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 RECIPIENTS 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. Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoEH-00046 Project Tide: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH Page 22 of 24 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 RECIPIENTS 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 43.21C 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 Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoEH4)0046 Project Title: 2019-21 LSWFA Jefferson Co EH - IMP Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH Page 23 of 24 imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 1000/a post -consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY's web page, Green Purchasing, hupsJ/ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/SusW=ble-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 RECIPIENrs governing body. c) By Mutual Agreement Template Version 10/30/2015 State of Washington Department of Ecology Agreement No: SWMLSWFA-2019-JeCoEH-00046 Project Tide: 2019-21 LSWFA Jefferson Co EH -1W Recipient Name: JEFFERSON COUNTY ENVIRONMENTAL HEALTH Page 24 of 24 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 fiill 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. Template Version 10/30/2015 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Consent Agenda November 12, 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 Pinky Mingo, Environmental Health Manager DATE: SUBJECT: Agenda Item — Interagency Agreement with Department of Ecology for Local Solid Waste Financial Assistance, JeCoPH-00046; July 1, 2019 — June 30, 2021; $90,803.20 STATEMENT OF ISSUE: Jefferson County Public Health, Department of Environmental Public Health, requests Board approval of the Interagency Agreement with Department of Ecology for Local Solid Waste Financial Assistance JeCoPH- 00046; July 1, 2019 —June 30, 2021; $90,992.80 ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S: Jefferson County Public Health will use funds to increase the amount of material collected from businesses, schools, and households for recycling, to reduce recycling contamination, to divert organic waste from disposal through home composting and on-site school composting systems, and to increase the amount of surplus perishable edible food reused to feed people in need. FISCAL IMPACT/COST BENEFIT ANALYSIS: This interagency agreement is funded by the Department of Ecology grant at 75%, funding source State Building Construction Account (SBCA), for $68,102.40, which requires a 25% Jefferson County match of $22,700.80, for a total of $90,992.80. Matching funds are sourced from solid waste fees and the general fund. RECOMMENDATION: JCPH management request approval of the interagency agreement with Department of Ecology for Local Solid Waste Financial Assistance; July 1, 2019 — June 30, 2021; $90,992.80 REVIEWE"Y: Philip //// ///_ Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community tl Public Heal CONTRACT REVIEW FORM CONTRACT WITH: Department of Ecology (Contractor/Consultant) CONTRACT FOR: Local Solid Waste Financial Assistance TRACKING NO.: EH -19-25 TERM: 7/1/2019 - 6/30/2021 COUNTY DEPARTMENT: Jefferson County Public Health For More Information Contact: Pinky Contact Phone #: x476 RETURN TO: Jenny RETURN BY: ASAP (Person in Department) (Date) AMOUNT: $90,803.20 Revenue $68,102.40 Expenditure Matching funds Required $22,700.80 Source(s) of Matching Funds 8 Exempt from Bid Process ❑ Consultant Selection Process ❑ Cooperative Purchase ❑ Competitive Sealed Bid ❑ Small Works Roster ❑ Vendor List Bid ❑ RFP or RFQ ❑ Other - MOU PROCESS: Step 1: REVIEW BY7/y: T Review Date R view i J -APPROVED FORM ❑ Re revision (See Comments) Corr. ents Step 2: REVIEW BY PROSECUTING ATTORNEY Review by: . c. Philip C. Huns 2/`APPROVED � Date Reviewed: N 1'i ► S Chief Civil Deputy Prosy T ttorney Ltd APPROVED AS TO FORM - ❑ Returned for revision (See Comments) NOV 13 Comments*s6¢t P.v>^�✓v���— '�teNn-v1-/ _ _J&P�� r=�QSFCI ET,0 CCi -" v k-, Step 3: (1l required) DEPARTMENT MAKES REVISIONS & KESUBMIIS 1U RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit original Contract(s), Agenda Request, and Contract Review form. Also, please send 2 copies of just the Contract(s) (with the originals) to the BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)