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Port Townsend, WA 98368
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Consent Agenda
May 1, 2020
3EFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Michael Dawson, Water Quality Manager
DATE: ryo-� lgc D081D
SUBJECT: Agenda Item — Professional Services Agreement — Hood Canal
Coordinating Council; April 9, 2020 — December 21, 2021; $14,963.11
STATEMENT OF ISSUE:
Jefferson County Public Health, Water Quality Division, requests Board approval of the Professional Services
Agreement with the Hood Canal Coordinating Council to support the Hood Canal Regional Pollution
Identification and Correction Program; April 9, 2020 — December 21, 2021; $14,963.11
ANALYSIS/STRATEGIC GOALS/PROS and CONS:
This award is for implementation of Phase IV of the Hood Canal Regional Pollution Identification and
Correction Program (HCRPIC). The HCRPIC consists of Jefferson, Kitsap, and Mason Counties, the Port Gamble
S'Klallam and Skokomish Tribes, working collaboratively to implement prioritized Pollution Identification and
Correction (PIC) work throughout Hood Canal to help reduce bacterial and nutrient loading to increase
harvestable shellfish acres in Puget Sound. Jefferson County Public Health has been an active participant in
the first three phases of this project and this phase will allow us to continue this beneficial relationship.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This Professional Services Agreement adds $14,963.11 of revenue to Jefferson County Public Health to
advance and continue PIC activities. There is no match requirement.
RECOMMENDATION:
JCPH management requests approval of the Professional Services Agreement — Hood Canal Coordinating
Council; April 9, 2020 — December 21, 2021; $14,963.11
1>7
Philiorley, County Atmlostrator 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
0
HCCC0
PROFESSIONAL SERVICES CONTRACT AGREEMENT
BETWEEN
HOOD CANAL COORDINATING COUNCIL
AND
JEFFERSON COUNTY PUBLIC HEALTH
THIS AGREEMENT is between Hood Canal Coordinating Council (HCCC), located at 17791
Fjord Drive, NE, Suite 118, Poulsbo, WA 98370, and Jefferson County Public Health
(Consultant), with an address of 615 Sheridan Street, Port Townsend, WA 98368, and is
made effective as of the date signed below by HCCC. HCCC and Contractor are also
referred to as the "Parties" and each as a "Party."
The Parties to this Agreement agree as follows:
1) DEFINITIONS. -- For purposes of this Agreement, the term —
a) "Hood Canal Coordinating Council" means Hood Canal Coordinating Council,
also referred to as HCCC, a Washington Corporation, and its members,
directors, officers, employees and agents;
b) "Consultant" means the Consultant and its directors, officers, employees,
agents and subcontractors; and
c) "Contract Representative" means the person designated below and
incorporated by reference, to serve as representative of HCCC and the
Consultant for purposes of administration of this Agreement.
2) SERVICES TO BE PERFORMED AND DELIVERABLES. -- The Consultant agrees to
provide services to HCCC, in accordance with applicable professional standards, as
described in Exhibit A and the Funding Source Programmatic Conditions (if any), as
described in Exhibit A. No work shall commence under this Agreement until it is fully
executed by both Parties.
3) COMPENSATION. —
a) Except as provided herein, HCCC agrees to pay Consultant on a monthly basis
following receipt of an invoice documenting services rendered and costs
incurred, in a manner and amount stipulated in Exhibit A.
HCCC Contract Agreement Page 1
b) Consultant shall submit the final invoice, or any claims for payments not already
made, no later than 30 days from the expiration or termination of the
agreement.
i) HCCC may, at its sole discretion, retain up to 10 percent of the amount
otherwise due and owing under each invoice until Consultant completes all
work described in Exhibit A, or otherwise authorized by HCCC. HCCC shall
notify Consultant of the amount retained and deposit the retained amount
in an interest -bearing account. HCCC shall release the amount retained,
together with earned interest, not later than 30 days after receipt of a final
invoice and acceptance of HCCC of all work authorized.
ii) HCCC may, at its sole discretion, retain an amount otherwise due and
owing under each invoice until Consultant provides HCCC with evidence
that the Consultant has paid industrial insurance premiums for its
employees and/or is in compliance with state industrial insurance
requirements.
c) Allowable Costs. —
i) Travel Expenses. -- HCCC agrees to reimburse Consultant up to the amount
stipulated in Exhibit A for travel expenses (including per diem) from
Consultant's home or principal place of business to meeting sites. HCCC shall
reimburse Consultant for travel expenses in accordance with federal travel
regulations. Payment for expenses over the category amount will not be
honored without prior approval of HCCC's Contract Representative.
ii) Other Expenses. -- HCCC agrees to reimburse Consultant for miscellaneous
expenses specified in Exhibit A, provided those costs are allowable under the
Federal Cost Principles set forth in the OMB Uniform Guidance, 2 CFR Part
200. Any request over the category amount will not be honored without
prior approval by HCCC's Contract Representative.
d) Unallowable Costs. --
i) Management fees or similar charges in excess of the direct costs are not
allowable.
ii) If Consultant expends more than the amount of its approved budget in
anticipation of receiving additional funds, it does so at its own risk. HCCC is
not legally obligated to reimburse Consultant for costs incurred in excess of
the approved budget.
e) Invoice. -- Consultant's invoice shall indicate dates of service, a description of
work performed, and time spent on that date in providing service under this
Agreement. The invoice shall include travel claims for travel expenses incurred
by Consultant in connection with performance under this Agreement. The
HCCC Contract Agreement Page 2
invoice shall provide a progress report describing all activities accomplished for
the period being invoiced.
i) Invoices should be sent to the Accountant at the HCCC address listed below
via U.S. Postal Service or email (not both).
ii) Invoices must be submitted by a representative of the Consultant who has
the Consultant's full authority to render such reports and requests for
payment and certify to the following at time of submission:
By signing this payment request, 1 certify to the best of my knowledge and
belief that the payment request is true, complete, and accurate. The
expenditures, disbursements and cash receipts are for the purposes and
objectives set forth in the terms and conditions of the Agreement. i am aware
that any false, fictitious, or fraudulent information, or the omission of any
material fact, may subject me to criminal, civil or administrative penalties for
fraud, false statements, false claims or otherwise. 18 USC 1001 and 31 USC
3729-3730 and 3801-3812.
4) TERM. -- The term of this Agreement commences on the effective date, the date the
agreement is signed by the HCCC Executive Director below, and continues until
December 31, 2021 as stipulated in Exhibit A, or until terminated by the Parties. In
the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date of this contract and prior to normal
completion, HCCC may terminate the contract under the "Term" clause without a
notice requirement.
5) SUBCONTRACTING. — Consultant may not subcontract without prior written
approval by the HCCC.
6) TRAINING. -- Consultant acknowledges that no training will be provided to
Consultant under this Agreement. Consultant warrants and represents that its
personnel are fully trained to perform services required under this Agreement and
that additional training provided by HCCC will be unnecessary.
7) BUSINESS LICENSES AND TAXES. --
a) Consultant shall, at its own expense, secure and maintain in full force and effect
during the term of this Agreement all required licenses, permits, and similar legal
authorization, and comply with all applicable Federal, State and local regulations.
b) Consultant shall be responsible for payment of taxes, insurance and other
obligations relating to its performance of services under this Agreement.
Consultant shall provide HCCC with verification of its —
i) Unified business identifier number from the State of Washington and that its
business license is in good standing;
HCCC Contract Agreement Page 3
ii) Washington State Department of Revenue account and that the account is in
good standing;
iii) Washington State Labor and Industries account and that the account is in
good standing or that the Consultant is exempt from the state's industrial
insurance requirements;
iv) Data Universal Numbering System (DUNS) number; and
v) Central Contractor Registry (CCR) through SAM.gov.
c) All other necessary licenses and permits to perform the work specified in Exhibit
B.
8) INDEPENDENT CONSULTANT STATUS.
a) Consultant shall act as an independent Consultant, and in no way shall be
considered an employee of HCCC. Consultant is not required to report to HCCC's
offices at any specific time, except as requested for occasional consultations.
HCCC does not have the right to assign any additional projects to Consultant.
Consultant shall choose the time and manner for performing each part of the
services described in Exhibit A according to its own routines and schedules,
independent from HCCC's normal business operations.
b) Consultant acknowledges that Consultant will not qualify for benefits which may
be available if classified as an employee. In the event that the Internal Revenue
Service (IRS) successfully asserts that Consultant is not or was not an
independent Consultant for any period during the term of this Agreement and
reclassifies Consultant as an employee, Consultant agrees to complete, sign and
deliver IRS Form 4669 (Employee Wage Statement) to HCCC for any tax period
affected. HCCC shall then file the Form 4669 with the IRS (along with IRS Form
4670 "Request for Relief From Payment of Income Tax Withholding") to offset
against HCCC's withholding obligation.
c) Consultant acknowledges that it will be liable to HCCC for any industrial
insurance premiums or any other premiums or fees that HCCC is required to pay
on its behalf under RCW 51.12.070, or any other applicable statute, regulation or
ordinance, to the State of Washington or local jurisdiction.
9) NON-EXCLUSIVE CONTRACT. -- This Agreement is non-exclusive. Consultant reserves
the right to perform services for others during the term of the Agreement.
10) MATERIALS AND EQUIPMENT. -- Consultant shall provide all materials and
equipment necessary to perform its obligations under this Agreement: Provided,
however, that Consultant may use office equipment located in the offices of HCCC,
as available, and provided however, that if "Other Expenses" have been awarded as
part of this agreement, HCCC may purchase said supplies and services on behalf of
the Consultant as part of this Agreement.
HCCC Contract Agreement Page 4
11) INDEMNIFICATION. --
a) To the fullest extent permitted by law, Consultant hereby indemnifies and holds
HCCC harmless from any and all loss, damage, suits, liability, claims, demands or
costs, whatsoever, whether arising at law or in equity, or sounding in tort,
contract or other causes of action arising from any claim or liability resulting
from Consultant's performance of services described in Exhibit A under this
Agreement, except to the extent caused by the negligence of HCCC.
b) Consultant hereby indemnifies and holds HCCC harmless from any additional
taxes, interest and penalties due from Consultant or HCCC resulting from
reclassification in the event the IRS or any state or local taxing authority
successfully asserts that Consultant is not or was not an independent Consultant
for any period during the term of this Agreement and reclassifies Consultant as
an employee.
12) INSURANCE. -- Consultant shall provide HCCC with a certificate of insurance for each
insurance provision required in this section. The certificate of insurance shall be
effective during the duration of this agreement. HCCC may require that the
certificate of insurance name HCCC as an additional insured party. Consultant shall
also require all of its subcontractors to maintain the same type and level of
insurance as required in this section and provide certificates of insurance to HCCC as
required in this section. Consultant shall, at its own expense, acquire and maintain
the following insurance throughout the term of the Agreement:
a) Commercial Automobile Liability Insurance covering all owned, non -owned and
hired automobiles, trucks and trailers. Such insured shall provide the Standard
Comprehensive Automobile Liability policy in limits not less than $1,000,000
Combined Single Limit;
b) Commercial General Liability Coverage Insurance, with not less than the
following limits: $1,000,000 for each occurrence limit, $1,000,000 for personal
injury limit, $2,000,000 general aggregate limit;
c) Professional Liability Insurance in an amount not less than $1,000,000 per claim
and in the aggregate; and
d) Workers' Compensation and Employer Defense Insurance as required by statute
and employer liability coverage, with not less than the following limits:
$1,000,000 each accident for bodily injury by accident, $1,000,000 each
employee for bodily injury by disease and $1,000,000 policy limit for bodily
injury by disease.
e) Notwithstanding the forgoing, Contractor maintains a system for self-insurance
that meets the requirements of this section 12.
HCCC Contract Agreement Page 5
13) CONFIDENTIALITY. -- Information produced or made available to the Consultant
shall not be disclosed to others or used for any other purpose, except as required
under this contract, without prior written approval by HCCC.
14) OWNERSHIP OF PRODUCTS PRODUCED UNDER THIS CONTRACT. -- All data and
products developed under this contract, excluding copyrighted material used with
permission, or other public data that cannot be copyrighted, shall become the sole
property of the HCCC and its assigns. Permission for its subsequent use must be
obtained from the HCCC prior to that use. Any alteration of the data by HCCC for
purposes other than those intended by this Agreement shall be at HCCC's sole risk
and without legal liability upon the Consultant.
15) PUBLICITY AND ACKNOWLEDGEMENT OF SUPPORT. --
a) Consultant gives HCCC the right and authority to publicize HCCC's financial
support for this Agreement and the Project in press releases, publications and
other public communications. Consultant agrees to: (i) give appropriate credit to
HCCC and any Funding Sources identified in this Agreement for their financial
support in any and all press releases, publications, annual reports, signage, video
credits, dedications, and other public communications regarding this Agreement
or any of the project deliverables associated with this Agreement, subject to any
terms and conditions below; and (ii) include the disclaimer provided for in (b).
Consultant must obtain prior HCCC approval for the use relating to this
Agreement of the HCCC logo or the logo of any Funding Source.
b) Disclaimers. -- Payments made under this Agreement do not by direct reference
or implication convey HCCC's endorsement nor the endorsement by any other
entity that provides funds through this Agreement, including the U.S.
Government, as applicable, for the Project. All information submitted for
publication or other public releases of information regarding this Agreement
shall carry the following disclaimer:
i) For Projects funded in whole or part with Federal funds: "The views and
conclusions contained in this document are those of the authors and should
not be interpreted as representing the opinions or policies of the U.S.
Government or the Hood Canal Coordinating Council and its funding sources.
Mention of trade names or commercial products does not constitute their
endorsement by the U.S. Government, or the Hood Canal Coordinating
Council or its funding sources."
ii) For Projects not funded with Federal funds: "The views and conclusions
contained in this document are those of the authors and should not be
interpreted as representing the opinions of the Hood Canal Coordinating
Council or its funding sources. Mention of trade names or commercial
HCCC Contract Agreement Page 6
products does not constitute their endorsement by the Hood Canal
Coordinating Council or its funding sources."
16) INSPECTION AND RETENTION OF RECORDS. -- The Consultant shall make all
applicable financial records, supporting documents, and all other pertinent records
related to this Project, available to HCCC, the State of Washington, the U.S.
Government or any of their duly authorized representatives, for inspection. Records
shall be retained for a period of six years after final payment under this Agreement
has been made. If any litigation, claim or audit is started before expiration of the six -
year period, the records shall be retained until all litigation, claims or audit findings
involving the records have been resolved.
17) NONDISCRIMINATION. -- By signing this Agreement, the Consultant certifies that it
is an Equal Opportunity Employer and in compliance with all state and federal
nondiscrimination requirements. The Consultant agrees to continue to be in
compliance with all state and federal nondiscrimination requirements. Consultant
agrees to comply fully with applicable civil rights statutes and regulations, including
Title IV of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973,
the Age Discrimination Act of 1975, and the American Disabilities Act.
18) COMPLIANCE WITH COPELAND "ANTI -KICKBACK" ACT. -- Consultant is prohibited
from inducing, by any means, any person employed in the construction, completion,
or repair of public work, to give up any part of the compensation to which he is
otherwise entitled and remain in compliance with 18 U.S.C. 874 and 40 U.S.C. 276c.
19) PREVAILING WAGE. -- The Consultant agrees to pay the prevailing rate of wage to all
workers, laborers, or mechanics employed in the performance of any part of this
contract when required by state law to do so, and to comply with provisions of the
Davis -Bacon Act (40 USC 3141-3148), Contract Work Hours and Safety Standards Act
(40 USC 3701-3708), other federal laws and Chapter 39.12 RCW, as amended, and
the rules and regulations of the Department of Labor and Industries.
20) APPLICABLE LAW. -- This Agreement shall be construed and enforced under the laws
of the State of Washington, irrespective of the fact that any one of the Parties is now
or may become a resident of another state. Venue for any action under this
Agreement shall lie in Kitsap County, Washington.
21) MODIFICATION. -- This Agreement may not be waived, discharged or modified in
any manner other than by written agreement of the Parties.
22) SEVERABILITY. -- No provision of this Agreement is severable from any and all other
provisions of this Agreement. Should any provision or provisions of this Agreement
be unenforceable for any reason, the party finding itself unable to enforce said
provision(s) may, at its sole discretion, declare this entire Agreement to be null and
void.
HCCC Contract Agreement Page 7
23) TERMINATION. -- Either party may terminate this Agreement with 30 days written
notification to the other party. If this Agreement is so terminated, the Parties shall
be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination. If for any cause,
either party does not fulfill in a timely and proper manner its obligations under this
Agreement, or if either party violates any of these terms and conditions, the
aggrieved party will give the other party written notice of such failure or violation.
The responsible party will be given the opportunity to correct the violation or failure
within 15 working days. If the failure or violation is not corrected, this Agreement
may be terminated immediately by written notice of the aggrieved party to the
other. HCCC shall have the right to terminate this Agreement in whole or in part at
any time, if the Funding Source issues an early termination under the funding
agreement(s) covering all or part of the Project at issue hereunder.
24) WAIVER. -- If either party fails to exercise its rights under this Agreement, it shall not
be precluded from subsequent exercise of its rights. A failure to exercise rights shall
not constitute a waiver of any other rights under this Agreement, unless stated in a
letter signed by authorized representative of the party and attached to the original
agreement.
25) COSTS AND ATTORNEYS FEES. -- If either party brings any action against the other
for relief, declaratory or otherwise, arising out of this Agreement, the prevailing
party shall recover against the other party all costs and reasonable attorneys' fees,
including costs and reasonable attorneys' fees incurred to enforce any judgment
rendered pursuant to this Agreement.
26) CERTIFICATIONS AND ASSURANCES RELATING TO FEDERAL FUNDS if applicable). --
If the Funding Source, including any secondary funding source, is paid with federal
funds, the Consultant must comply with the following.
a) Uniform Guidance. -- Consultant must comply with the Uniform Guidance (2 CFR
Part 200) to the extent applicable to Consultant as a non -Federal entity receiving
a federal award. With respect to cost principles: Non -Profit Organizations,
Institution of Higher Education, State, Local or Tribal Government, must comply
with the Cost Principles of the Uniform Guidance, 2 CFR Part 200; and
Commercial (for -profit) organizations must comply with Title 48 Chapter 1
Subchapter E Part 31. No funds provided pursuant to this Agreement may be
used to support any activities not authorized under this Agreement or allowable
under the Federal Cost Principles set forth in the OMB Uniform Guidance.
b) Audit Requirements_. -- Consultant may be required to comply with the Federal
Audit Requirements found in 2 CFR 200.500 (formerly OMB Circular A-133).
c) Lobbying and Litigation (2-CFR 200.450). --
HCCC Contract Agreement Page 8
i) No funds under the Agreement maybe used to engage in lobbying of the
Federal Government or in litigation against the U.S. unless authorized under
existing law.
ii) New Restrictions on Lobbying. -- In any subcontract over $100,000,
Consultant shall require that subcontractors submit certification and
disclosure forms in accordance with the Byrd Anti -Lobbying Amendment, 31
USC 1352. Any consultant who makes a prohibited expenditure or fails to file
the required certification or lobbying forms shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such
expenditure.
d) Debarment and Suspensions. -- Unless Consultant has submitted a written
justification fourteen (14) days prior to execution of this Contract, stating the
reason that this term does not apply, which has been expressly accepted and
approved by HCCC prior to execution, by signing this Agreement, Consultant
warrants and represents its initial and continued compliance that it is not listed
on the General Services Administration's, government -wide System for Award
Management Exclusions (SAM Exclusions), in accordance with the OMB
guidelines at 2 C.F.R Part 180 that implement E.O.s 12549 (3 C.F.R., 1986 Comp.,
p. 189) and 12689 (3 C.F.R., 1989 Comp., p. 235), "Debarment and Suspension."
The Consultant further provides that it shall not enter into any subaward,
contract or other Contract using funds provided by HCCC with any party listed on
the SAM Exclusions in accordance with Executive Orders 12549 and 12689. The
SAM Exclusions can be found at SAM.gov.
e) Drug -Free Workplace Certification. -- Consultant shall make an ongoing, good
faith effort to maintain a drug -free workplace pursuant to the specific
requirements set forth in CFR Part 1536 Subpart B. Consultant shall identify all
known workplaces under this Agreement, and keep this information on file
during the performance of the Agreement. Consultants who are individuals
must comply with the drug -free provisions set forth in 2 CFR Part 1536 Subpart
C. The consequences for violating this condition are detailed under 2 CFR Part
1536 Subpart E.
f) Trafficking in Persons. -- Pursuant to section 106(a) of the Trafficking Victims
Protection Act of 2000, as amended (22 U.S.C. 7104(g)) (codified at 2 C.F.R. Part
175), Consultant shall comply with the below provisions. Further, Consultant
shall flow down these provisions in all subcontracts, including a requirement that
subcontractors similarly flow down these provisions all lower -tiered
subcontracts. The provision is cited herein:
This provision applies only to a Sub -Recipient, and all sub-awardees of Sub -
Recipient, if any. Sub -Recipient shall include the following statement in all
sub -awards made to any private entity under this Agreement.
HCCC Contract Agreement Page 9
"You as the sub -recipient, your employees, sub-awardees under this award,
and sub-awardees' employees may not engage in severe forms of trafficking
in persons during the period of time that the award is in effect; procure a
commercial sex act during the period of time that the award is in effect; or
use focused labor in the performance of the award or sub -awards under this
Award."
Sub -Recipient and all sub-awardees of Sub -Recipient must inform AGENCY
immediately of any information you receive from any source alleging a
violation of this prohibition during the award term.
Federal agency funding this agreement may unilaterally terminate, without
penalty, the funding award if this prohibition is violated, Section 106 of the
Trafficking Victims Protection Act of 2000, as amended.
g) Reducing Text Messaging while Driving, Executive Order 13513. -- Consultant is
encouraged to adopt and enforce policies that ban text messaging while driving,
including conducting initiatives of the type described in section 3(a) of the order.
h) Disadvantaged Business Enterprise, -- Consultant agrees to good faith efforts
whenever procuring construction, equipment, services and supplies in
compliance with the requirements of EPA's Program of Utilization of Small,
Minority and Women's Business Enterprise. 40 CFR 33.
i) Additional Responsibility Matters. --By signing this Agreement, Consultant
warrants and represents that it is not subject to any of the below circumstances.
i) Has any unpaid Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted or have lapsed,
and that is not being paid in a timely manner pursuant to an Contract with
the authority responsible for collecting the tax liability, where the awarding
agency is aware of the unpaid tax liability, unless the agency has considered
suspension or debarment of the corporation and made a determination that
this further action is not necessary to protect the interests of the
Government; or
ii) Was convicted (or had an officer or agent of such corporation acting on
behalf of the corporation convicted) of a felony criminal violation under any
Federal or State law within the preceding 24 months, where the awarding
agency is aware of the conviction, unless the agency has considered
suspension or debarment of the corporation and made a determination that
this further action is not necessary to protect the interests of the
Government.
j) Certification and Representation. -- Consultant must submit those certifications
and representations required by Federal statutes, or regulations to HCCC on an
HCCC Contract Agreement Page 10
annual basis. Submission may be required more frequently if the Consultant
entity fails to meet a requirement of a Federal award.
27) COUNTERPARTS. -- This Agreement may be executed in counterparts, after
execution by all Parties hereto, shall together constitute the Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of
the day and year below.
Hood Canal Coordinating Council
*d' 9 4�44� -/
Scott Brewer, Executive Director
For: Jefferson County Public Health
Jefferson County Commissioner
Approved as to form:
��• .S1 ?row
Jefferson County Prosecuting Attorney
This Agreement is made effective as of the date signed by the HCCC Executive Director
on the 9th day of April, 2020
HCCC Contract Agreement Page 11
EXHIBIT A
Independent Consultant Scope of Services
Hood Canal Regional Pollution Identification and Correction Program —
Phase 4
CONSULTANT: JEFFERSON COUNTY
Description of Services
Jefferson County will provide services to support the implementation of the Hood Canal
Regional Pollution Identification and Correction (HCRPIC) Program's Phase 4, as
described below. The following project information is excerpted from HCCC's base
agreement scope of work:
Contract number: CB024134
Subrecipient Organization: Hood Canal Coordinating Council
Subrecipient Contact: Haley Harguth, Watershed Program Manager,
hharguth@hccc.wa.gov, 360.328.4625; Scott Brewer, Executive Director,
sbrewer@hccc.wa.gov, 360.531.0575
DUNS #: 620533930
CPAR Info (Statewide Vendor #, UBI, Federal Tax ID, etc.): 0011386-00, 602-080-
310, 91-2085994
DOH Contract Manager: Megan Schell megan.schell@doh.wa.gov 360.236.3307
Federally Approved Indirect Rate: 10% (de minimis)
Period of Performance: DOE — December 31, 2021 NOTE: EPA stretch goals are
to spend awarded funds within 2 years
Project Description: This project funds pollution identification and correction
activities to protect and improve Hood Canal water quality to safeguard public
and ecosystem health and keep shellfish growing areas and recreational beaches
open by preventing bacterial pollution flowing into surface waters. The Hood
Canal Regional Pollution Identification and Correction Program brings together
local health jurisdictions and tribal partners across the Hood Canal region to
coordinate water quality protection actions. This unique regional structure
enables cross -jurisdictional sharing of resources and expertise to solve water
quality challenges threatening Hood Canal's community and ecosystem health.
HCCC Contract Agreement —Exhibit A Page 12
Not to exceed: $ 222,353
Near Term Action ID: 2018-0639
OVERVIEW
The Hood Canal Regional Pollution Identification and Correction Program
(HCRPIC) core partners will work collaboratively to implement prioritized
Pollution Identification and Correction (PIC) work throughout Hood Canal to help
reduce bacterial and increase harvestable shellfish acres. HCRPIC core members
include Jefferson, Kitsap, and Mason Counties, the Port Gamble S'Klallam and
Skokomish Tribes; other partners include the county conservation districts, Hood
Canal Salmon Enhancement Group, and WSU Extension.
There are eighteen shellfish growing areas in the Hood Canal Action Area. As of
2019, the Hood Canal Action Area had 29,766 acres of approved growing areas,
1,515 acres with conditional approval, and about 3,144 acres of prohibited or
restricted growing area. Washington State Department of Health (DOH) has
identified several emergency closure zones, threatened areas, and areas of
concern based on marine water quality data. There are close to 30,000 onsite
sewage systems (OSS) in the project area, many in close proximity to
waterbodies and approximately one third of the systems are over 30 years old.
PIC programs have been essential to maintain and improve water quality and will
continue to be vital for the health of Hood Canal and its communities.
The project will primarily address fecal pollution and associated pathogens. As
fecal pollution sources are corrected, less nutrients and organic materials,
associated with human and animal waste, will enter Hood Canal. That will result
in less oxygen demand to break down algae blooms resulting from excess
nutrients and the organic materials in waste. Hood Canal Regional PIC Program
implementation will identify and correct pathogen sources. The resulting water
quality improvements will help achieve the Puget Sound Partnership's Vital Sign
recovery target to increase harvestable shellfish acreage.
Phase 1 of the HCRPIC program developed a coordinated PIC monitoring plan
with the goal to upgrade shellfish harvest areas and prevent future downgrades
in Hood Canal priority areas. In the Phase 2 and 3 implementation phases,
priority shoreline areas were determined by HCRPIC members using current
water quality monitoring information to identify the most important shoreline
areas to survey. The prioritization of shoreline areas will be updated annually as
HCCC Contract Agreement —Exhibit A Page 13
new data emerges. Phase 3 ended in August 2019, collectively resulting in 66
shoreline miles monitored, 380 site inspections completed, 55 OSS failures
identified, with 28 OSS repairs completed and the rest in progress. The
incomplete OSS repairs will continue to be tracked in Phase 4. Phase 4 builds off
of previous implementation phases but with a reduced scope of work due to
funding limitations. HCRPIC Program - Phase 4 components include: shoreline
surveys in priority Hood Canal shoreline areas, pollution hotspot investigation
and correction, updated GIS mapping of OSS in Hood Canal, outreach and
education to Hood Canal OSS property owners and decision makers, OSS
maintenance rebates, ambient stream water quality monitoring, and regional
inter -jurisdictional coordination.
The Phase 4 work plan will be developed in consultation with DOH and will
include:
• Remaining Phase 3 priority hotspots and work areas including Hoodsport,
Union, Big Bend, Alderbrook, and Annas Bay, and
• Other areas with urgent public health or emerging water quality concerns
GOALS & MEASURABLE OBJECTIVES
Description Units
Targets
(e.g., "shellfish beds reopened") (e.g. "acres")
("number"
Upgrade 50 acres from prohibited to approved in Acres
50
Hoodsport area of Hood Canal 6
Reopen all closed parcels due to elevated bacteria Parcels
30
in drainages or due to failing onsite septic systems
Number of hotspots identified in Mason County Hotspots
Unknown
(will be
reported
quarterly)
Number of site inspections completed in Mason Site Inspections
50
County
Number of OSS failures identified in Mason County OSS Failures
3
Number of OSS failures corrected in Mason County OSS Corrections I
3
'HCCC Contract Agreement —Exhibit A Page 14
Area of shoreline surveys conducted in priority Miles 5
areas
Number of ambient freshwater samples collected Samples 100
JEFFERSON COUNTY'S HCRPIC PIIIASE 4 TASKS
The following are the tasks, deliverables, and deadlines associated with this subaward.
Task numbering aligns with the task numbers in HCCC's base grant with DOH.
TASK 3. Hood Canal Regional Pollution Identification and Correction
Program Phase 4 Implementation
3.1 HCRPIC PROGRAM COORDINATION
This task includes: collaboration with program partners to establish shared protocols
and work flows, and the Phase 4 Workplan, preparation of invoices and progress reports
for project coordinators, coordination of County staff on work toward Phase 4
objectives, coordination with landowners within the project area, upkeep and quality
assurance of program data, data reporting, and contributions to program deliverables,
including quarterly and final reports, sustainable funding efforts, and outreach
materials.
Project Coordination: Coordinate implementation of HCRPIC in your jurisdiction
following HCRPIC protocols described in the HCRPIC Guidance Document and the
project C;APP. Monitor spending and progress toward deliverables.
28) Submit monthly invoices and progress reports (using HCRPIC Program templates) by
the 15th of the following month. Communicate any concerns to HCRPIC Coordinator
that progress is not on track.
Invoices will be reimbursed upon satisfactory progress and reporting on the
deliverables within each payment period.
Send invoices via e-mail to admin@hccc.wa.gov
Send progress reports via email to Haley Harguth (hharguth@hccc.wa.gov
HCRPIC Ph. 4 Workplan: HCRPIC partners will work collaboratively to develop the
HCRPIC Phase 4 Workplan, which will establish priority areas for shoreline and ambient
freshwater stream monitoring and sanitary surveys, targeting areas of known pollution
hotspots, or facing shellfish growing area downgrades. The Phase 4 Workplan will be
informed by data from the HCRPIC Program Phase 3 results and GIS analysis, current
HCCC Contract Agreement —Exhibit A Page 15
water quality information gathered from county health jurisdictions and tribes, and
monitoring data and recommendations from Washington State Department of Health
technical staff. It will outline tasks to build upon supporting work conducted in Phase 3.
The Phase 4 Workplan will outline any changes to HCRPIC Program procedures for data
collection, PIC hotspot investigations, and reporting, including the enforcement process
and timeline, and protocol for communication of public health risks. Field work activities
cannot begin until the HCRPIC Phase 4 Workplan is completed.
Data Collection & Reporting: Submit field work data to project coordinators every
quarter using the HCRPIC Cumulative Data Report template. Data reported to the
HCRPIC Program should include all PIC field work performed in Hood Canal funded by
the HCRPIC Program grant, as well as other funding sources, in order to provide a
comprehensive report of all Hood Canal PIC efforts across jurisdictions. Data is expected
to be thoroughly reviewed by the submitter for quality assurance and quality control
prior to it being submitted. Final Cumulative Data Reports will be submitted to project
coordinators after field work is completed to prepare for analysis, mapping, and EPA
WClX data entry. All data collected that is paid by this grant must be shared with state
and federal agencies upon request.
HCRPIC Guidance Group Meetings: HCRPIC partners will share information and ideas,
make collaborative decisions, and help guide HCRPIC Program's direction. The Guidance
Group provides oversight, guidance, shared learning, and structure for consistent
procedures across the PIC program. Guidance Group meetings with project partners will
be held quarterly or as needed to advance collaborative work in the PIC project area. At
Guidance Group meetings, partners will:
- Report on Ph 4 Workplan implementation, including current progress updates,
success stories, lessons learned, requests for advice and assistance, next steps,
upcoming events, etc.
Present hotspots for consideration of elimination following hotspot closure
protocol described in HCRPIC Guidance Document. This information will be
included in the HCRPIC Ph. 4 final report.
Provide updates on sustainable funding efforts.
Strategic Planning/Sustainable Funding: Strategic planning efforts will be conducted to
develop and implement a plan to enhance the HCRPIC Program's efforts to reduce
bacterial contamination in the shellfish growing areas of Jefferson, Kitsap, and Mason
Counties. HCRPIC partners will work with program coordinators to develop a strategic
plan, which addresses the key elements in the Pollution Identification and Correction
Program Draft Protocols Recommendations provided by the Departments of Health and
Ecology. The Guidance Group will determine objectives and scope of activities, which
HCCC Contract Agreement —Exhibit A Page 16
may include hiring an outreach consultant to support the development of a sustainable
funding outreach campaign, outreach products, and presentations to decision -makers
on water quality protection, program successes and sustainable funding. HCRPIC
partners will provide updates of sustainable funding efforts at Guidance Group
meetings.
Training/Workshops: Assist project coordinators in preparing and leading HCRPIC Field
Training Workshop. The HCRPIC members will participate in a field training and data
reporting workshop addressing HCPRIC protocols and procedures. The workshop will be
held in the first quarter after contract agreements are in place. LHJ Project coordinator
and at least one field staff participating in HCRPIC Program field activities must attend
the training.
Project partners may participate in DOH -sponsored PIC workshops and other
trainings/events (subject to grant coordinator approval), as funds allow. Maximum of
two events per sub -recipient, or two people may attend a single event.
3.3 ONSITE SEPTIC SYSTEM MAINTENANCE REBATES
Homeowner rebates for onsite septic system maintenance will be provided to priority
parcels by local health jurisdictions. These rebates were very successful in Phases 2 and
3 to incentivize homeowners to properly operate and maintain their septic systems. In
Phase 4, HCRPIC partners will offer rebate vouchers up to $250 per OSS, to reimburse
costs for OSS inspections and pumping, and small repairs.
Rebate notices will be distributed to targeted residences using a consistent format
across jurisdictions. The criteria for rebate recipients will be determined by the
Guidance Group and approved by DOH. In past phases, criteria were set to target
homeowners who had not previously received a voucher, located in priority areas, or
had missing or overdue maintenance records.
Data on rebate recipients and services reimbursed will be tracked and analyzed to
evaluate the effectiveness of the rebate program as a behavior change tool and inform
future phases.
DELIVERABLES
Task
3.1
Deliverable Description
Describe coordination activities in monthly
progress reports.
Due Date
Ongoing, monthly
HCCC Contract Agreement —Exhibit A Page 17
3.3
Report on workplan implementation progress at
quarterly Guidance Group meetings.
OSS Maintenance Rebates
a) Provide input on HCPRIC Phase IV rebate
process for DOH review and approval
b) Develop OSS rebate outreach materials
using HCRPIC template
c) Report number of rebates processed in
monthly progress reports and in final
reporting
Project Budget
HCRPIC Program Ph. 4 Budget -Jefferson County
Task 3.1: Program Coordination
Personnel
Michael Dawson
Susan Parke Munroe
Tim Weissman
Jacquelyn Stenman
Lara Gaasland-Tatro
Amanda Christofferson
Emma Erickson
Personnel Subtotal
Indirect Costs
Task 3.1 Subtotal
Task 3.3: OSS Maintenance Rebates
At quarterly Guidance
Group meetings
a) March 31, 2020
b) July 31, 2020
c) Ongoing, complete by
Dec 31, 2021
Hours I Wages & Benefits I Total
20
$48.70
$36.89
$974.00
20
$737.80
20
$38.13
$762.60
20
$33.69
$673.80
20
$33.91
$678.20
20
$32.61
$652.20
20
$32.61
$652.20
$5,130.80
44.84% $2,300.65
$7,431.45
HCCC Contract Agreement —Exhibit A Page 18
Other Costs
OSS 0&M Rebates
$
5,200.00
Other Costs Subtotal
$
5,200.00
Indirect Costs
44.84% $
2,331.68
Task 3.3 Subtotal
$
7,531.68
Subtotals
Personnel Total
$5,130.80
Other Costs Total
$
5,200.00
Travel Total
Indirect Costs
44.84%
$4,632.33
Grand Total
$14,963.13
Compensation: The Consultant shall be compensated under this agreement in an
amount not to exceed: $15,000. Submit monthly invoices to the Accountant by the 15tn
of the following month. Expenses are payable with prior authorization from HCCC
project manager, and contingent upon satisfactory progress reporting toward
completion of project deliverables. Consultant shall submit the final invoice, or any
claims for payments not already made, no later than 30 days from the expiration or
termination of the agreement.
Progress Reporting: Consultant will submit progress reports each month by the 15th of
the following month to accompany invoices. A progress report template will be
provided. Submit progress reports to the project manager.
Travel: If claiming mileage Consultant will submit a mileage Report for reimbursement
with invoice. Mileage and travel costs will be reimbursed at current federal rates or
allowances.
HCCC Contract Agreement —Exhibit A Page 19
Contract Duration Date: The effective date is the date the contract is signed by the
Executive Director and ends December 31, 2021.
Consultant Checklist: Consultant will complete and provide requested information on
Exhibit B.
HCCC Contract Agreement —Exhibit A Page 20
Contract Representatives:
Scott Brewer, Executive Director
Hood Canal Coordinating Council
17791 Fjord Drive, NE Suite 118
Poulsbo, WA 98370-8430
360-394-0046
sbrewer@hccc.wa.gov
HCCC Project Manager:
Haley Harguth, Watershed Program Manager
Hood Canal Coordinating Council
17791 Fjord Drive, NE Suite 118
Poulsbo, WA 98370-8430
hharguth@hccc.wa.gov
360-328.4625
Accountant
Hood Canal Coordinating Council
17791 Fjord Drive, NE Suite 118
Poulsbo, WA 98370-8430
admin@hccc.wa.gov
360-900-9063
Consultant Representative(s):
Greg Brotherton, Chair, Board of County Commissioners
Veronica Shaw, Public Health Deputy Director
Jefferson County Public Health
615 Sheridan St
Port Townsend WA 98368
veronica@co.jefferson.wa.us
360-385-9400 x409
Project Manager:
Michael Dawson, Water Quality Manager
Jefferson County Public Health
615 Sheridan St
Port Townsend WA 98368
mdawson@co.jefferson.wa.us
360-385-9444 x301
HCCC Contract Agreement —Exhibit A Page 21
EXHIBIT B
PROFESSIONAL SERVICES CONTRACT
CONSULTANT CHECKLIST
Consultant is a Subrecipient or a Contractor (Consultant): According to GSA-CX-1.8:
Subrecipient and Contractor Determination guidelines, HCCC has determined that you
are a Contractor.
UBI No. 161001 169
Federal Tax ID No. 91-6001322
Provide Data Universal Numbering Systems (DUNS) number (if consultant's business
has one): 184 826 790
Consultant Type: Local government
FEDERAL/STATE PASS -THROUGH INFORMATION
Refer also to information in Exhibit A.
Project Name: Hood Canal Shellfish Strategic Initiative, Hood Canal Regional Pollution
and Identification Correction Program Phase 4
Funding Sources: Environmental Protection Agency (passed through) Washington State
Department of Health
CFDA Program Title: Puget Sound Action Agenda: Technical Investigations and
Implementation Assistance Program
Funding Source Award Date: 07/25/18
Funding Source Number (Federal Award Identification No): PC-01J18001-4
Catalog of Federal Domestic Assistance No. (CFDA): 66.123
Note: This award is not for R&D (research and development).
Complete Cyber Certification (if contract involves Collecting and Managing Data in
federal system). N/A
HCCC Contract Agreement —Exhibit B Page 22
Consultant is hereby provided with Exhibit A-1 WA DOH Agreement CBO24134
subrecipient Statement of Work Programmatic Condition, as applicable.
In accordance with 40 CFR 33.106 and its Appendix A, the contractor shall not
discriminate on the basis of race, color, national origin or sex in the performance of this
contract. The contractor administration shall carry out application requirements of 40
CFR part 33 in the award of contract awarded under EPA financial assistance
agreements. Failure by the contractor to carry out these requirements is a material
breach of this contract which may result in the termination of this contract or other
legally available remedies.
If grant is over $100,000 complete/sign restrictions on Lobbying Certification 40 CFR
Part 34 (and disclosure if applicable): Sign and return Certification linked here
Certifications
DBE Program Reporting (indicate as appropriate):
Owned and Managed as Disadvantaged Business:
❑ Women Owned Business Enterprise
❑ Minority Owner Business Enterprise
❑ Veteran Owned Business Enterprise
❑ Community Based Organization
If certified by Washington State's Office of Minority and Women Owned Business
Enterprise (OMWBE) www.omwbe.wa.gov or Department of Veterans Affairs (DVA),
enter the certification number: County government.
Provide proof of WA Dept. of Revenue Account in Good Standing: See attached.
Provide proof of WA Labor & Industries Account in Good Standing (not debarred):
004,360-00. See attached.
Insurance (as applicable): See attached --submit renewal when expired.
— Commercial Auto Liability (if claiming mileage --use HCCC Mileage
Report if included in Exhibit A tasks)
— Commercial General Liability (naming HCCC as additional insured)
— Professional Liability Insurance
— Workers' Compensation and Employer Defense Insurance
Notice: The Hood Canal Coordinating Council is an equal opportunity employer will not
discriminate on the basis of race, creed, color, national origin, ancestry, sex, marital
HCCC Contract Agreement —Exhibit B Page 23
status, gender, sexual orientation, age [40 and over], maternity, and childbirth,
honorably discharged veteran or military status, disability, genetics, HIV and/or
Hepatitis C status, use of a trained guide dog or service animal by a person with a
disability, or other protected class [legally recognized] under federal, state or local law.
Persons requiring reasonable accommodation in the application process or requiring
any information in an alternative format may contact 360-394-0046. Inquiries about the
HCCC's compliance may be directed to Scott Brewer, Executive Director.
HCCC Contract Agreement —Exhibit B Page 24
IffServices > Business Lookup > JEFFERSON COUNTY AUDITOR
License Information:
Entity name:
JEFFERSON COUNTY AUDITOR
Business name:
JEFFERSON COUNTY AUDITOR
Entity type:
Municipality
UBI #:
161-001-169
Business ID:
001
Location 10:
0001
Location:
Active
Location address:
1820 JEFFERSON
PORT TOWNSEND WA98368
Melling address:
623 SHERIDAN AVE
PORT TOWNSEND WA 98368
Excise tax and reseller
permit status: cute # a>ro
Endorsements
Endorsements held at this location License # Count Details Status
Minor Work Permit Active
Governing People may Maaaa so�kw pwpr.mtr gWar.dwM S"WaW afsr r.
Governing people Title
MC COLLUM CLISE. PAM
Registered Trade Names
Registered trade names Status
JEFFERSON COUNTY FLEET SERVICES Active
JEFFERSON COUNTY PARKS AND RECREATION Active
View Additional Locations
New search Back to results
Expiration date First issuance
Jul-31-2020 Jul-29-1991
The Business Lookup information Is updated nightly Search date and time: 1/30/2020 12:14 58 PM
First Issued
Jun-13-2018
Jun-11-2018
HCCC Contract Agreement —Exhibit B Page 25
V3=020
r►
ti')' r; •. ,I. r. 12 fir MA
Contractors
JEFFERSON COUNTY AUDITOR
JEFFERSON COUNTY AMTOR
Owner or.tradespersan GLEN NUNTINGFIDRD PO BOX 563
rai•rp business as FORT TOVOMEND. WA 98369
JEFFERSON COUNTY AUOTfOR
WA UBI No. Governing persons
141 001 ISO GLEN
J
NUNTINGFORD
RICHARD WUJ7.
ROBER7 HINTGN,
Certifications & Endorsements
OMWBE certifications
r+io active oertl kmp na exist for this business.
_&3p-n oe 7TMWno A Mt
No active Washingem tegswed apprenlioes exist for this business. Washington allows the use of apprent"
r"Istered with Oregon or klanlana. Contact the Oregon Bureau of Labor a rnausmes orM or:an.a i?enartment of Latw•
R i ndustry to verify H thus business has apprerdioes.
Workers' Comp
Do you know if the W0nese harp empk:yees) If so. verify the business is up-todafe on workers' camp prem ums
Ld.l Account ID Accourd is current
MA"
Do-ng business as
JEFFERSON COUNTY AUDITOR
Estimatedwcrkers reported
Quatter 4 of Year 2019 "Greater than 100 Workers"
L&I amount oordaat
TB KA[TLYN VU QUOC [360)902.5141 - Erhail: VUQK235&4ni.wbgov
HCCC Contract Agreement —Exhibit B Page 26
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THIS CBRTI FICATE IS ISSUED AS A MA7*MR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
CER7IFICATE HOLDER, THIS C13RMWICATB DOES NOT AMEND,133XTUND OR ALIUR THE )DINT SELF-INSURANCE
LIABLrrY COVERAGE AFFORDED BY IM WASHfNGTON COUNTIES RISK POOL
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and the County In covered by the Pcol's Joint SeMlnsuv moo Llabili(y Prograta. The IWs Joint Seif-Imwrerrea Liability Pragrom wraa
ueated by Intarlocel ooe m*Ove agseemem amongst the Poors member eoundes to Mare rlaki by'9oltetly, self-InsurW aw mh think
pony Ilabllkles, The Pool is M an instrsa vo company, Clakne that we covered under a Mattorendun orUsbully Coverage
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ar:tarc jant[sw fstw+rHcru ") a ind the County, [Is emplo),ees, ulYieen. volunteers and agents sndier Boon In oennod n with or
Inehi:ntel to thoperi'omrnce oron egr"mertllcomuct which the County sadfor Its ofileers, lnaptoyea or voluno m ate found to be
I luble fa• will be pWd by the Pool antYor the Cs taq.
N(Xk Nt)ttdBBR:
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MLC WECTIVC DATE:
(Mobor I, 2019
✓ LC /CCRIRATION DATE:
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LIAiITA OF LIAIIIIdT'Y LrACH OCCURNK1409
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TYPOS OF LIABIIM
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RT)FORE TILE EXPIRATION DATE THERBOF. THE ISSUM
KW aorrwtien In the IloW Girl era
WILL ENDEAVOR TO PROVIDE THIRTY (30) DAYS WRITTEN
NOTICE TO TIMCBRTIFICATEHOL•DER,BUT FAILURE TO
MAIL SUCH NOTICE STIALL IMPOSE NO ODLIOATION NOR
LIABILITY OF ANY KIND UPON TIM ISSUER OR ITS AGENTS
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HCCC Contract Agreement —Exhibit 6 Page 27
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HCCC Contract Agreement —Exhibit B Page 28
Methodology- Jefferson County Water Quality Indirect Rate Methodology
Base Period: January -December 2019
Slmpllfled Method
Final rate 44.84%
1. Dept. Admin Sheet A Dept Total Worksheet takes the cast of all admin programs and spreads it across all other programs
It does this try taking the total eost Tar All adman programs and dividing rt by the total cost of all other programs
This percent rate is called the 128 Indirect Rate
B. The 128 Indirect Rate Is the rate at which admin costs will be distributed to each Program
J
Admin Programs
Total Cost 5289.226.21
All Other Programs
A. Total Cost 5644.9%.99
13.
Admin programs
Total Cost S289.126 J
44.84%
pre ram
WQ
Direct Svc
programs
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i
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s NAT37S
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NAT920
�. NAT930
The 128 Final Rau is
44.84%
HCCC Contract Agreement —Exhibit B Page 29