Loading...
HomeMy WebLinkAbout020121_ca07Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Su Tipton DATE: SUBJECT: Engagin the Community in Strait Ecosystem Recovery STATEMENT OF ISSUE: WSU Jefferson County Extension and North Olympic Salmon Coalition to provide training and ongoing coordination to community volunteers and students who will help implement stormwater mitigation and riparian restoration related projects. This project will seek to engage other schools and organizations in the region in Strait Ecosystem Recovery Network priority recovery and protection efforts. ANALYSIS: This project provides direct community -based training and engagement with restoration and protection -oriented organizations, including NOSC, Jefferson Land Trusts, conservation districts, tribes, county and city jurisdictions, marine resource committees, Coastal Watershed Institute and other non -profits. Volunteers will build a stewardship ethic through giving back to the organizations, tribes and agencies working to recover Straits. Students will participate in designing, implementing and monitoring an actual project of their own with guidance from professionals and restoration practitioners. Youth become ambassadors of information for their peers, family and relations. In the long term they will be influencing the future of the way our land, waters and associated resources are stewarded. FISCAL IMPACT: No fiscal impact, grant reimburses all authorized expenditures. RECOMMENDATION: I recommend the board approves this Contract. REVIEWED BY: i clip Morl y, u or // , -9 -Z � �� Date • Agreement No. WQNEP-2020-JeCoWS-00067 WATER QUALITY NEP STORMWATER INITIATIVE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and Jefferson County, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: 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: Engaging the Community in Strait Ecosystem Recovery Phase 2 $100,000.00 $100,000.00 $100,000.00 $0.00 12/01 /2020 11/30/2022 NEP Stormwater Strategic Initiative Project Short Description: The RECIPIENT will partner with WSU Extension (WSU) and the North Olympic Salmon Coalition (NOSC) to provide training and ongoing coordination to community volunteers and students who will help implement stormwater mitigation and riparian restoration related projects. The project will also seek to engage other schools and organizations in the region in Strait Ecosystem Recovery Network priority recovery and protection efforts. Project Long Description: The "Engaging the Community in Strait Ecosystem Recovery" project has the long-term goal of protecting ecosystems from non -point pollution and stormwater. This project will be guided by an advisory committee comprised of relevant Strait Ecosystem Recovery Network (ERN) project proponents and members, as well as other organizations in Strait communities. The project will engage formal and informal educators in the region in the Strait ERN priority recovery and protection efforts, develop committed volunteers and provide youth programs that are integrated with Strait ERN State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County restoration and protection efforts. Over the two year implementation period, 3 six -session training programs will be provided to residents of Clallam and Jefferson Counties focusing on how they can assist with recovery and protection efforts, including improved stormwater management, and subsequently engaging them in relevant projects. In addition, the North Olympic Salmon Coalition (NOSC) middle school program will expand to serve a total of 4 schools in Jefferson and Clallam Counties. Opportunities for volunteer and youth program engagement in the implementation of Strait NTAs and other recovery and protection projects will be actively solicited from lead organizations. Coordination will be provided to ensure effective integration of volunteer efforts and school programs in these projects. This project provides direct community -based training and engagement with restoration and protection oriented organizations, including NOSC, the North Olympic and Jefferson Land trusts, conservation districts, tribes, county and city jurisdictions, marine resource committees, the Coastal Watershed Institute and other non -profits. Volunteers will build a stewardship ethic through giving back to the organizations, tribes and agencies working to recover the Straits. Their volunteer hours will lead to new skills and their new knowledge will be shared with neighbors and friends, extending the program's community engagement and outreach benefits. Students will participate in designing, implementing and monitoring an actual project of their own, with guidance from education professionals and restoration practitioners. Using knowledge gained through multiple classroom lessons will ensure positive restoration outcomes. Youth are also ambassadors of information to peers, family and relations. In the long term they will be influencing the future of the way our land, waters and associated resources are stewarded. Overall Goal: - Provide 3 — six session training programs to residents of Clallam and Jefferson Counties - Engage with four middle schools in Clallam and Jefferson Counties to provide a minimum of: :25 classroom presentations :15 action -based field experiences - Promote opportunities for volunteer and youth program engagement from Strait ecosystem restoration and protection organizations - Provide coordination to ensure effective integration of volunteer efforts, school programs, and Strait ERN recovery and protection organizations' efforts. - Develop and implement an ongoing strategy that creates community synergy to support the work of Strait restoration and protection organizations. Page 2 of 36 Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County RECIPIENT INFORMATION Organization Name: Jefferson County Federal Tax ID: 91-6001322 DUNS Number: 184826790 Mailing Address: 121 Oak Bay Rd Port Hadlock, WA 98339 Physical Address: 121 Oak Bay Rd Port Hadlock, Washington 98339 Organization Email: cheryl.lowe@wsu.edu Contacts Page 3 of 36 Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Page 4 of 36 Cliff Moore Project Manager Director 121 Oak Bay Rd Port Hadlock, Washington 98339 Email: moorecc@wsu.edu Phone: (360) 379-5610 Billing Contact Suzan Tipton Financial Coordinator 121 Oak Bay Rd Port Hadlock, Washington 98339 Email: wsufinancial@co.jefferson.wa.us Phone: (360) 379-5610 x206 Cliff C Moore Authorized Director Signatory 121 Oak Bay Rd Port Hadlock, Washington 98339 Email: moorecc@wsu.edu Phone: (360) 379-5610 Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Quality 300 Desmond Drive SE Lacey, WA 98503 Contacts Justin Donahue Project Manager PO Box 47600 Olympia, Washington 98504-7600 Email: JUSD461@ecy.wa.gov Phone: (360) 407-7671 Justin Donahue Financial Manager PO Box 47600 Olympia, Washington 98504-7600 Email: JUSD461@ecy.wa.gov Phone: (360) 407-7671 Gary Myers Technical Advisor PO Box 47600 Olympia, Washington 98504-7600 Email: gmye461@ecy.wa.gov Phone: (360) 407-7498 Page 5 of 36 Template Version 12/10/2020 State of Washington Department of Ecology Page 6 of 36 Agreement No: WQNEP-2020-JcCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology By: Vincent McGowan, P.E. Water Quality Program Manager Template Approved to Form by Attorney General's Office Jefferson County By: CJA6 C 1-2 0 1 Date Cliff C Moore Director Date Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JcCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Chairperson Page 7 of 36 Board of County Commissioners Date Philip C. Hunsucker Jefferson County Chief Civil Deputy Date Prosecutor Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County SCOPE OF WORK Task Number: 1 Task Cost: $2,200.00 Task Title: Project Development Task Description: This task must be completed before initiating any other work under this subaward. Work completed on other tasks prior to completion of Task 1 may be ineligible for reimbursement. Page 8 of 36 1.1 DETAILED PROJECT PLAN (DPP) The RECIPIENT will prepare a detailed project outline and timeline to describe project expectations and outcomes. The detailed project plan will also identify how the objectives of the project will be evaluated, including quantifiable performance measures and targets. As part of developing the detailed project plan, the RECIPIENT will meet with their Stormwater SI Grant Program Representative to discuss the project goals, tasks, timeline, and shared workload. Stormwater SI staff will have the opportunity to provide input on the plan and establish mutual expectations. The RECIPIENT should provide relevant spatial data for their project and this should be identified in the detailed project plan. The RECIPIENT should consult with Stormwater SI staff and spatial analysts where appropriate to determine the spatial data, associated metadata, and data storage location that are relevant for the project. Project coordinates (latitude, longitude) should be submitted in decimal degrees. 1.2 QUALITY ASSURANCE PROJECT PLAN (QAPP) DEVELOPMENT Per EPA subaward terms and conditions, the RECIPIENT must submit a Quality Assurance Project Plan (QAPP) or QAPP waiver to the Washington State Department of Ecology's National Estuary Program Quality Assurance Coordinator (NEP QC) using EPA's NEP guidance for QAPPs. See http://www.ecy.wa.gov/programs/eap/ga/docsiNEPQAPP/index.html. If a QAPP is required, the RECIPIENT will work with the NEP QC to develop and approve the QAPP. Work related to collecting environmental data may not begin until the QAPP or waivers are completed and approved. The detailed project plan (Task 1.1) may be appended to the QAPP waiver form in lieu of completing page 2. 1.3 EFFECTIVENESS CONSULTATION The RECIPIENT will consult via telephone once a year with the Puget Sound Partnership (PSP) effectiveness team regarding project metrics being tracked (30 minutes). PSP effectiveness team will then provide an analysis approach for the NTA, about a paragraph per project, and will provide results of the effectiveness analysis to the Stormwater Strategic Initiative Advisory Team. The Stormwater SI grant program representative will send an email to put the RECIPIENT in contact with the PSP effectiveness team. Task Goal Statement: The RECIPIENT will develop a plan for project implementation and monitoring (if required) to support the successful completion of the PROJECT. As well as maintain communication with PSP to ensure project quality and relevance to the Strategic Initiative Goals. Task Expected Outcome: Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County The RECIPIENT will produce and submit to ECOLOGY a DPP, QAPP waiver, and a QAPP (if required) prior to commencement of the PROJECT or monitoring efforts. Project Development Deliverables Page 9 of 36 Number Description Due Date 1.1 Detailed project plan (DPP) and timeline uploaded to EAGL. 1.2 QAPP Waiver Determination Form submitted to NEP QC and uploaded to EAGL. If QAPP is required, submit to QC, and once approved by NEP QC upload to EAGL. 1.3 Effectiveness consultation, one per year for a 30min phone conversation directly with PSP. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCOWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County SCOPE OF WORK Task Number: 2 Task Cost: $6,900.00 Task Title: Project Administration and Development Task Description: This task describes the data collection and reporting requirements associated with this subaward. 2.1 PROJECT FACTSHEET Page 10 of 36 The RECIPIENT will create a project factsheet and submit with the first quarterly progress report. These will be made publicly available. 2.2 QUARTERLY PROGRESS REPORTS AND PAYMENT REQUESTS (PRPR) The RECIPIENT will upload all quarterly PRPR to EAGL. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: * A description of the work completed in the reporting period, including total spending by the project sponsor and any partners and any completed deliverables. * The status and completion date for the project activities and near -term deliverables. * Description of any problem or circumstances affecting the completion date, scope of work, or costs. * Evidence of satisfactory completion of all the reporting requirements relevant to the reporting period. First Reporting Period (January 1—March 31) due by April 15; Second Reporting Period (April 1—June 30) due by July 15; Third Reporting Period (July 1—September 30) due by October 15; Fourth Reporting Period (October 1—December 31) due by January 15. Requirements: 2.2.1 EPA FEATS REPORTING Complete semi-annual FEATS progress reports, and a final FEATS report. The final FEATS report, reflecting the final project billing, will be provided by the RECIPIENT during project closeout, within 60 days of the expiration of the grant, and will describe the entire project, highlighting project outcomes, and discussing lessons learned. FEATS Reporting Periods: April 1— September 30, due by October 15; October 1—March 31, due by April 1. Draft final FEATS report to be defined in DPP. 2.2.2 PUGET SOUND PARTNERSHIP NTA REPORTING NTA owners are required to report: * Implementation status of their actions on semiannual basis (spring & fall) * Financial status of their actions on an annual basis (summer) 2.2.3 STORAGE AND RETRIEVAL AND WATER QUALITY EXCHANGER (STORET) DATA REPORTING (IF NEEDED) STORET refers to an electronic data system for water quality monitoring data developed by EPA. If the RECIPIENT collects any physical, chemical, or environmental data (e.g. dissolved oxygen, water temperature, salinity, turbidity, pH, phosphorous, total nitrogen, E. coli or Enterococci, and other biological and habitat data), then STORET reporting is required. Data for an entire calendar year (Jan 1—Dec 31) submitted annually. To assist in STORET tracking, name your project as follows: NEP-2016_ (organization name); the unique project ID needs to be 35 characters max. More information about WQX, Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County WQX web, and the STORET warehouse, including tutorials, can be found at EPA website. Page 11 of 36 Alternatively, the RECIPIENT can comply with this requirement by submitting project data formatted for entry into Ecology's Environmental Information Management (EIM) system, and Ecology will be responsible for the subsequent transfer of the data to STORET. 2.3 FINAL PROJECT REPORT A final report will be written by the RECIPIENT describing the methods, results, lessons learned and recommendations for future work. The final report evaluates the success of achieving the performance measures identified in the detailed project plan. Included with the final project report will be an updated Project Factsheet. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, EAGL closeout report, FEATS reports, PSP NTA reports, STORET reports (if needed) and final project report. * Properly maintained project documentation Project Administration and Development Deliverables Number Description Due Date 2.1 Complete Project Factsheet (template provided), submitted directly to ECOLOGY Project Manager (PM). 2.2 Quarterly Progress Reports and Invoicing submitted to EAGL. FEATS, PSP NTA and STORET reporting coordinate submittal with ECOLOGY PM. 2.3 Submit Final Project Report including Final FEATS and updated factsheet. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County SCOPE OF WORK Task Number: Task Cost: $8,400.00 Task Title: Ecosystem Education Advisory Committee Page 12 of 36 Task Description: The RECIPIENT will develop an advisory committee that includes representative Strait Ecosystem Restoration Network organizations to provide guidance and input into the educational and involvement programs related to this project, as well as the region. The committee will provide advice, identify collaborative opportunities and resources, and seek to build long term working relationships for future community engagement efforts. 3.1 ADVISORY COMMITTEE ESTABLISHMENT The RECIPIENT will recruit and convene the advisory committee to discuss the overall program and its' goals, seek input, and establish strategies for providing guidance throughout the program to both Washington State University (WSU) and North Olympic Salmon Coalition (NOSC). 3.2 LONG TERM ADVISORY COMMITTEE ENGAGEMENT The RECIPIENT will convene advisory committee meetings throughout the project to develop and implement an ongoing strategy that creates community synergy to support the work of Strait restoration and protection organizations. Task Goal Statement: Establish and hold ecosystem education advisory committee to provide advice and direction on the project. Task Expected Outcome: Ecosystem education advisory convened throughout the project. Ecosystem Education Advisory Committee Deliverables Number Description Due Date 3.1 Meeting records (participants, minutes) and written strategy, uploaded to EAGL 3.2 Meeting records (participants, minutes) and written long term strategy, uploaded to EAGL 3.3 n/a Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County SCOPE OF WORK Task Number: 4 Task Cost: $35,000.00 Task Title: Volunteer Training and Engagement Task Description: Page 13 of 36 The WSU Stream Steward (SS) volunteer trainings will raise community members' awareness of the challenges the Strait ecosystem is facing and build skills in assisting with ecosystem restoration projects. The trainings will build an action -oriented stewardship ethic through not only learning about Puget Sound and the Strait, but also taking positive and meaningful action through giving back to the organizations and agencies working to protect and recover Puget Sound. 4.1 PROGRAM PLANNING AND VOLUNTEER RECRUITMENT The RECIPIENT will prepare for the 3- six session volunteer trainings. This includes scheduling, recruitment of presenters, preparation of materials, and recruitment of participants. 4.2 VOLUNTEER TRAINING The RECIPIENT will provide 3 - six session training programs. Each training session will entail classroom or virtual presentations on topics such as water quality, stormwater management, stream health, hydrology and restoration. Each session will also have an associated field trip (or solo activity) looking at local examples and real -world situations related to the session topic. 4.3 VOLUNTEER ENGAGEMENT The RECIPIENT will develop and deliver monthly newsletters with volunteer engagement opportunities compiled from Strait restoration and protection organizations to volunteers, teachers and interested members of the public. The RECIPIENT will also promote and provide monthly updates to the Olympic Peninsula Volunteer Opportunity website. Task Goal Statement: This task will recruit and train volunteers on topics related to water quality and stormwater management. Task Expected Outcome: Volunteers trained and ready to provide future teachings. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Volunteer Training and Engagement Deliverables Page 14 of 36 Number Description Due Date 4.1 Syllabi and marketing materials uploaded to EAGL 4.2 Course agendas, participant lists, presenter lists, reading lists, and field trip pictures uploaded to EAGL 4.3 Monthly volunteer opportunity newsletters, monthly updates to volunteer opportunity website, uploaded to EAGL Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Page 15 of 36 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County SCOPE OF WORK Task Number: 5 Task Cost: $44,900.00 Task Title: Middle School Engagement Task Description: Engage with four middle schools in Clallam and Jefferson Counties to provide environmental education and field experiences. 5.1 CLASSROOM ENGAGEMENT PLANNING The RECIPIENT will strategize and plan for optimal engagement of middle school students. 5.2 CLASSROOM PRESENTATIONS AND FIELD EXPERIENCES The RECIPIENT will work with school students who will participate in learning about and visiting restoration projects with education professionals and restoration practitioners. Students will also learn about monitoring strategies for restoration projects. If COVID-19 restrictions still persist, the RECIPIENT will adapt to a virtual learning opportunity with videos and restoration practitioners to mirror the in person learning experience. Task Goal Statement: This task will train and educate middle school students on restoration practices and project. Task Expected Outcome: Over 100 middle school students engaged in restoration work. Middle School Engagement Deliverables Number Description Due Date 5.1 Syllabi, list of schools and teachers involved, spreadsheets of proposed classroom and field experiences, uploaded to EAGL 5.2 Course agendas, participant lists, presenter lists, field trip pictures, and restoration project documentation, uploaded to EAGL. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County SCOPE OF WORK Task Number: 6 Task Cost: $2,600.00 Task Title: Broader Impacts and Communication Task Description: Provide outreach to the general community about project successes. Page 16 of 36 6.1 HIGHLIGHT PROJECT OUTCOMES The RECIPIENT will highlight volunteer activities through the Volunteer Opportunities website, social media and in the local media. Task Goal Statement: Highlight project outcomes through website, social media and in the local media. Task Expected Outcome: 3 case studies uploaded to volunteer opportunities website. Broader Impacts and Communication Deliverables Number Description Due Date 6.1 3 Case Studies of volunteer engagement activities uploaded to Volunteer Opportunities website, social media and shared with local media. Examples uploaded to EAGL. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County BUDGET Funding Distribution EG210126 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: NEP Stormwater Strategic Initiative Funding Type: Grant Funding Effective Date: 12/01/2020 Funding Expiration Date: 11/30/2022 Funding Source: Title: Puget Sound Action Agenda -Implementation Strategies and Actions for Vital Sign Recovery Assistance Type: Federal Funding Source %: 100% Description: Stormwater Strategic Initiative Federal Awarding Agency: Federal Awarding Agency Contact Federal Awarding Agency Phone: Federal Awarding Agency Email: Federal Awarding Agency Address CFDA Catalog Name: CFDA Number: FAIN: Research Grant: Federal Award Date: Total Federal Award Amount: Federal Funds Obligated To Recipient U.S. Environmental Protection Agency Michael Rylko 206-553-4014 rylko.michael@epa.gov 1200 Sixth Avenue, Suite 900, OWW-193 Seattle, WA 98101 Puget Sound Action Agenda: Technical Investigations and 66.123 OIJ18101 No 6/1/2016 $66,000,000.00 $100,000.00 Approved Indirect Costs Rate: Approved Federally Recognized Indirect Costs Rate: 14.62% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Page 17 of 36 Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County NEP Stormwater Strategic Initiative Task Total Project Development $ 2,200.00 Project Administration and Development $ 6,900.00 Ecosystem Education Advisory Committee $ 8,400.00 Volunteer Training and Engagement $ 35,000.00 Middle School Engagement $ 44,900.00 Broader Impacts and Communication $ 2,600.00 Total: $ 100,000.00 Page 18 of 36 Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Fundina Distribution Summary Recipient / Ecology Share Page 19 of 36 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total NEP Stormwater Strategic Initiative 0.00 % $ 0.00 $ 100,000.00 $ 100,000.00 Total $ 0.00 $ 100,000.00 $ 100,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS NEP EPA Administrative Conditions 1. EPA General Terms and Conditions The RECIPIENT agrees to comply with the current EPA general terms and conditions. These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award. The EPA repository for the general terms and conditions by year can be found at http://www.epa.gov/grants/grant-terms-and-conditions. 2. EPA General Terms and Conditions - Consultant Cap - Additional Information In addition to the EPA General Terms and Conditions #6 "Consultant Cap", as of August 2January 1, 2018, the limit is $629.42 per day $78.6778.68 per hour. NOTE: For future years' limits, the RECIPIENT may find the annual salary for Level IV of the Executive Schedule on the following Internet site: https: //www. opm. gov/policy-data-oversight/pay-leave/salaries-wages/2018/executive-senior-level. http: //Www. opm. gov/oca. Select "Salary and Wages", and select "Rates of Pay for the Executive Schedule". The annual salary is divided by 2087 hours to determine the maximum hourly rate, which is then multiplied by 8 to determine the maximum daily rate. 3. EPA General Terms and Conditions — Cybersecurity The RECIPIENT agrees to comply with the current EPA general terms and conditions "Cybersecurity". The terms and conditions can be found on the EPA Grants Terms and Conditions Website. For STATE: http://www2.epa.gov/sites/production/files/2015-07/documents/state_grant—cyber—security_condition.pdf. For TRIBE: http://www2.epa.gov/sites/production/files/2015-07/documents/tribal_grant_cyber—security_condition.pdf. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCOWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Page 20 of 36 For Other Recipients: http://www2.epa.gov/sites/production/files/2015-07/documents/cyber security_grant_condition for other r ecipients.pdf. 4. EPA General Terms and Conditions - Indirect Costs for States and Tribal The cost principles of 2 CFR 200 Subpart E are applicable, as appropriate, to this award. In addition to the EPA General Terms and Conditions "Indirect Cost Rate Agreements", if the RECIPIENT does not have a previously established indirect cost rate, it agrees to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII. For State Agencies The RECIPIENT must send its proposal to its cognizant federal agency within six (6) months after the close of the governmental unit's fiscal year. If EPA is the cognizant federal agency, the state RECIPIENT must send its indirect cost rate proposal within six (6) months after the close of the governmental unit's fiscal year to: Regular Mail Financial Analysis and Rate Negotiation Service Center Office of Acquisition Management U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW, MC 3802R Washington, DC 20460 Mail Courier (e.g. FedEx, UPS, etc.) Financial Analysis and Rate Negotiation Service Center Office of Acquisition Management US Environmental Protection Agency 1300 Pennsylvania Avenue, NW, 6th floor Bid and Proposal Room Number 61107 Washington, DC 20004 For Indian Tribe If the RECIPIENT does not have a previously established indirect cost rate, the RECIPIENT must submit their indirect cost rate proposals to: National Business Center Indirect Cost Services U.S. Department of the Interior 2180 Harvard Street, Suite 430 Sacramento, CA 95815-3317 The RECIPIENT agrees to comply with the audit requirements in accordance with 2 CFR 200 Subpart F. 5. Utilization of small, minority and women's business enterprises (MBE/WBE) Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCOWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Page 21 of 36 Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTS, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTS, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County this noncompliance. Page 22 of 36 The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. "The Contractor will not discriminate on the basis of race, color, sex, or national origin, in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies." Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE NEP EPA Programmatic Conditions The RECIPIENT and any sub -recipient must comply with the applicable EPA general terms and conditions outlined below. These terms and conditions are in addition to the assurances and certifications made as part of the award and terms, conditions or restrictions reflected on the official assistance award document. Puget Sound Scientific Studies and Technical Investigations Assistance Program Programmatic Terms and Conditions 1. Semi -Annual Performance Reports The RECIPIENT shall submit performance reports every six (6) months during the life of the project. Reports are due 30 calendar days after the end of each reporting period. Reports shall be submitted to the EPA Project Officer and may be provided electronically. In accordance with 2 CFR 200.328, as appropriate, the RECIPIENT agrees to submit performance reports that include brief information on each of the following areas: (a) A comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; (b) The reasons why established goals were not met, if appropriate; (c) Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. In addition to the semi-annual performance reports, the RECIPIENT shall immediately notify the EPA Project Officer of developments that have a significant impact on the award -supported activities. As appropriate, the RECIPIENT agrees to inform the EPA Project Officer as soon as problems, delays or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. The RECIPIENT will submit performance reports through EPA's Puget Sound Financial and Ecosystem Accounting Tracking Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCOWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Page 23 of 36 System (FEATS). Reports are due 30 calendar days after the end of each reporting period. The reporting periods shall end March 31 st and September 30th of each calendar year. Reports shall be submitted to the EPA Project Officer on the FEATS form provided by the Project Officer and shall be submitted by electronic mail. The RECIPIENT agrees to submit performance reports that include brief information on each of the following areas: (a) A comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; (b) The reasons for slippages if established outputs/outcomes were not met; (c) Additional pertinent information, including when appropriate, analysis and information of cost overruns or high unit costs. 2. Program Income - Addition If program income is generated, the RECIPIENT is required to account for program income related to this project. Program income earned during the project period shall be retained by the RECIPIENT and shall be added to funds committed to the project by EPA and the RECIPIENT, and shall be used to further eligible project objectives. 3. Recognition of EPA Funding Reports, documents, signage, videos, or other media, developed as part of projects funded by this assistance agreement shall contain the following statement: "This project has been funded wholly or in part by the United States Environmental Protection Agency under assistance agreement (number) to (RECIPIENT). The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." 4. Annual Conferences The RECIPIENT may attend one or more appropriate conferences each year, which may be within the Puget Sound region. The specific conferences will be determined in consultation with the EPA Project Officer. The purpose of this requirement is to provide RECIPIENTS with opportunities to learn about and benefit from other relevant initiatives and programs that relate to the funded work; to exchange information about their funded work with organizations that may benefit from their experience; and generally to raise awareness within the Puget Sound, Salish Sea, and large aquatic ecosystem protection and restoration communities of the funded work Example of potentially relevant conferences include, but are not limited to, the biennial Puget Sound -Georgia Basin Ecosystem Conference (http://depts.washington.edu/uwconf/psgb/); and local or regional meetings of Tribal, professional, scientific, or other relevant associations. Specific conferences will depend on the nature of the work proposed. Recipient will be allowed to use award funds to pay for travel and lodging. Recipient should include anticipated costs for attending conferences in their proposed budget. 5. Peer Review The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any significant technical products the Principal Investigator (PI) of this project must solicit advice, review and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. 6. Competency of Organizations Generating and/or Using Environmental Measurement Data The RECIPIENT is responsible for any subgrantees or subrecipients. This policy is between EPA and the grantee, and it is the grantee's choice as to how the policy is carried out with any subrecipients. EPA did not include subrecipients' criteria in the policy. The burden is on the RECIPIENT of the EPA award to ensure that it has confidence in the information being provided to EPA, regardless of the source of that information. The RECIPIENT can apply the checks and balances it chooses to its Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCOWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Page 24 of 36 subrecipients. EPA relies on its awardees to ensure that they are supplying EPA with data of the best known and documented quality that they can. 7. STORET Requirement RECIPIENTS are required to institute standardized reporting requirements into their work plans and include such costs in their budgets. All water quality data generated in accordance with an EPA approved Quality Assurance Project Plan as a result of this assistance agreement, either directly or by subaward, will be required to be transmitted into the Agency's Storage and Retrieval (STORET) data warehouse using either WQX or WQX web. Water quality data appropriate for STORET include physical, chemical, and biological sample results for water, sediment and fish tissue. The data include toxicity data, microbiological data, and the metrics and indices generated from biological and habitat data. The Water Quality Exchange (WQX) is the water data schema associated with the EPA, State and Tribal Exchange Network. Using the WQX schema partners map their database structure to the WQX/STORET structure. WQX web is a web based tool to convert data into the STORET format for smaller data generators that are not direct partners on the Exchange Network. More information about WQX, WQX web, and the STORET warehouse, including tutorials, can be found at http://www.epa.gov/storet/wqx/ If activities submitted as match for this federal assistance agreement involve the generation of water quality data, the resulting information must be publicly accessible (in STORET or some other database). Recipients are encouraged to develop a cross walk between any non-STORET database utilized for the storage of water quality data associated with match activities and EPA's Water Quality Exchange (WQX). 8. Riparian Buffers Riparian buffer restoration projects in agricultural areas shall be consistent with the interim riparian buffer recommendations provided to EPA and the Natural Resource Conservation Service by National Marine Fisheries Service letters of January 30, 2013 (stamp received date - February 4, 2013) and April 9, 2013 (stamp received date — April 16, 2013), or the October 28, 2013 guidance. Grantees shall confirm in writing projects' consistency with the recommendations referenced above. When developing project proposals, grantees also should consider the extent to which proposals include appropriate riparian buffers or otherwise address pollution sources on other water courses on the properties in the project area to support water quality and salmon recovery. Deviations can only be obtained through an exception approved by EPA. In order for EPA to evaluate a request for an exception, the grantee must submit the scientific rationale demonstrating adequacy of buffers for supporting water quality and salmon recovery. The request must summarize tribal input on the scientific rationale or other relevant issues. The scientific rationale could be developed from sources such as site -specific assessment data, salmon recovery plans, Total Maximum Daily Loads (TMDLs) and the state nonpoint plan. EPA will confer with the National Oceanic and Atmospheric Administration (NOAA) and the Washington Department of Ecology and provide the opportunity for affected tribes to consult with EPA before making a final decision on a deviation request. 9. International Travel (Including Canada) All International Travel must be approved by the Office of International and Tribal Affairs (OITA) BEFORE travel occurs. Even a brief trip to a foreign country, for example to attend a conference, requires OITA approval. Please contact your EPA Project Officer as soon as possible if travel is planned out of the country, including Canada and/or Mexico, so that they can obtain appropriate approvals from EPA Headquarters. If you have questions, please contact your EPA Project Officer listed on the front page of the Award Document. 10. Geospatial Data Standards All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC) endorsed standards. Information on these standards may be found at www.fgdc.gov Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Page 25 of 36 11. Lobbying and Litigation - Restated from Administrative Condition #1, General Terms and Conditions, Effective 10/3/2016 (#29. Lobbying and Litigation) a. All Recipients. i. The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the U.S. unless authorized under existing law. The recipient shall abide by the Cost Principles available at 2 CFR 200 which generally prohibits the use of federal grant funds for litigation against the U.S. or for lobbying or other political activities. ii. The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly. iii. In accordance with the Byrd Anti -Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 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. iv. Contracts awarded by a recipient shall contain, when applicable, the anti -lobbying provision as stipulated in the Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards. v. Pursuant to Section 18 of the Lobbying Disclosure Act, the recipient affirms that it is not a nonprofit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a nonprofit organization described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of theLobbying Disclosure Act. Nonprofit organizations exempt from taxation under section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities are ineligible for EPA subawards. 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 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 Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCOWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Page 26 of 36 EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT FFATA REPORTING REQUIREMENTS CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than $25,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs.gov <http://Www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspendina.gov <httv://www.usasl)ending.gov/>. For more details on FFATA requirements, see www.fsrs. ov <http://www.fsrs..j4ov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT• As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <httpS://Www.aovinfo.gov/content/pkg/PLAW-115pub12321pdf/PLAW 115publ232 pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCOWS-00067 Page 27 of 36 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https:ysam.go.v/S.AMi`> exclusion list. Template Version 12/10/2020 State of Washington Department of Ecology Page 28 of 36 - Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (https:Hfortress.wa.gov/ecy/publications/SummaryPages/1 701004.htmi) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (https:Hocio.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 grantor 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 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCOWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Page 29 of 36 • 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 affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Page 30 of 36 Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Page 31 of 36 accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Page 32 of 36 RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) 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 1 through March 31, April 1 through June 30, July 1 through Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Page 33 of 36 September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Page 34 of 36 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C 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 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JCCOWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Page 35 of 36 imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post -consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY's web page, Green Purchasing, https:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: WQNEP-2020-JeCoWS-00067 Project Title: Engaging the Community in Strait Ecosystem Recovery Phase 2 Recipient Name: Jefferson County Page 36 of 36 ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. Template Version 12/10/2020