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Home My WebLink About101121ca08JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, Interim County Administrator FROM: Monica Montgomery, Water Programs Coordinator Jefferson County Marine Resources Committee (MRC) and WSU Extension DATE: October 11, 2021 SUBJECT: 2021-2023 Grant Agreement STATEMENT OF ISSUE: The Jefferson County Marine Resources Committee (MRC) has prepared a grant agreement between Jefferson County and the State of Washington Department of Ecology that will be administered through the Northwest Straits Commission. This grant will provide $196,000 of state and federal funding for MRC-sponsored marine stewardship projects in East Jefferson County between October 2021 and September 2023. ANALYSIS: The grant agreement has been reviewed and approved by the PAO. FISCAL IMPACT: This grant will add $196,000 to the Jefferson County MRC budget for marine and nearshore ecosystem stewardship projects in East Jefferson County. RECOMMENDATION: Signature for approval. REVIEWED BY: Mark McCauley, imerim County Admin' ator Date DEPARTMENT OF ECOLOGY State of Washington Agreement No. SEANWS-2021-JeCoWS-00007 SHORELANDS NORTHWEST STRAITS AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and Jefferson County, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: 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 thand, Project Type: Jefferson County MRC Operations and Projects 2021-2023 $1965000.00 $1969000.00 $1965000.00 $0.00 10/01/2021 09/30/2023 Northwest Straits Grant Jefferson MRC will improve the health of local marine and nearshore ecosystems by implementing a stewardship program, including administrative support; community science monitoring of forage fish spawning and bull kelp; expansion of a rain garden network; maintenance of voluntary no -anchor zones protecting shellfish and eelgrass; restoration of Olympia oyster habitat; and education outreach efforts. ,P U Education & Outreach: Jefferson MRC will develop and implement an annual outreach plan that identifies targeted education, audiences and strategies. Community Science Monitoring: Jefferson MRC will continue monitoring bull kelp as part of a regional Northwest Straits Commission project. The MRC will look for additional kelp bed monitoring sites. Jefferson MRC. will continue State of Washington Department of Ecology Agreement No: SEANWS-202 I -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County monitoring two forage fish index sites and a post -restoration site at Fort Townsend State Park., ont Mapping lost crab pots: Jefferson MRC will identify lost crab pots in Discovery Bay and pilot a submersible ROV project for detection and removal of lost crab pots. Protecting Eelgrass and Shellfish Beds: Jefferson MRC maintains voluntary no -anchor zones to protect eel grass and shellfish harvest areas in Port Hadlock!, Mystery Bay and Port Townsend. The MRC will conduct regular maintenance and outreach to boaters. ' Olympia Oysters: Jefferson MRC will add new cultch and monitor two project areas in Discovery Bay. Rain Gardens and Stormwater: Jefferson MRC will work with partners to install more high priority rain gardens. Overall Goal: To improve the health of local marine and nearshore ecosystems by 1) monitoring forage fish spawning and bull kelp populations, 2) removing contaminants from stormwater, 3) protecting shellfish and eelgrass beds from boater impacts, 4) supporting Olympia oyster restoration efforts in WDFW priority areas, 5) engaging the public in educational programs, and 6) mapping derelict crab pots. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-2021-JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Namc: 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: monica.montgomery I @wsu.edu Contacts TernPlate Version 12/10/2020 State of Washington Department of Ecology Pa of 40 Agreement No: SEANWS-202 I -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County Project Manager Monica Montgomery Water Programs Coordinator 121 Oak Bay Rd Port Hadlock, Washington 98339 Email: monica.montgomeryl@wsu.edu Phone: (360) 379-5610 X230 ]Billing Contact Suzan Tipton Financial Coordinator 121 Oak Bay Rd Port Hadlock, Washington 98339 Email: wsufinancial@cojefferson.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 X202 Template Version 12/10/2020 State of Washington Agreement No: - -J Project Title: Jefferson County MRC Operationsj 1-2023 Recip i Jefferson ECOLOGY INFORMATION Mailing Address: Department of Ecology Shorelands Po Box 47600 Olympia, OVA 98504-7600 Physical Address: Shorelands 300 Desmond Drive SE Lacey, WA 98503 Contacts Sasha Horst Project Manager Breazeale-Padilla Bay Interp. Center 10441 Bayview Edison Rd. Mt Vernon, Washington 98273-7242 Email: horst@nwstraits.org � Phone: (360) 428-1084 Cindy James Financial Manager i PO Box 47600 Olympia, Washington 98504-7600 Email: cjam461@ecy.wa.gov Phone: (360) 280-8645 Dana Oster Technical Advisor Breazeale-Padilla Bay Interp. Center 10441 Bayview Edison Rd. Mt Vernon, Washington 98273-7242 Email: DAOS461@ecy.wa.gov Phone: (360) 428-1043 Templaters12/10/2020 State of Washington Department of Ecology Page 6 of 40 Agreement No: SEANWS-2021 -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 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 ore ec less 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. I Washington State Department of Ecology By: Joenne McGerr Shorelands Program Manager Template Approved to Form by Attorney General's Office Date Jefferson County By.� . . .......... . Cliff C. Moore Date Director Template Version 12/10/2020 State of WashingtonDepartment of Ecology AgreementNo: - 21-JeCo ProjectTitle: Jefferson o Operations rojs2021-2023 Recipient e: Jefferson County - ■ IM Page'7 of Commissioners,2021 Board of County t Chair Approved as to Form. Philip C. Date ChiefHunsucker, Jefferson County 1 Deputy Prosecutor Template Version 12/10/2020 State of Washington Department of Ecology Page 8 of 40 Agreement No: SEANWS-202 I -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County SCOPE OF WORK Task Number: I Task Cost: $109,823.00 Task Title,, MRC Operations Task,,DescLigion The RECIPIENT will provide necessary project oversight to complete the scope of work in compliance with this ECOLOGY agreement, which includes project coordination, project management,, and project administration. @ MRC operations: Schedule, prepare/distribute agenda and post public notices of MRC meetings; prepare and distribute minutes of MRC meetings; maintain current MRC membership list; recruit MRC members (if allowable by county) and provide onboarding for new members; track volunteer hours, in -kind support and leveraged funds and provide information quarterly to Northwest Straits Commission staff; communicate regularly with NWSC staff. • MRC communication: Maintain MRC website (including current meeting schedules, agendas and projec9 ts)- communicate regularly with county counci Ucommission; increase awareness of the purpose of the MRC and its role in the county, 13 communicate with relevant audiences about the projects and programs of the MRC. a MRC grant administration: Ensure that grant agreement is implemented on schedule with satisfactory deliverables; prepare progress reports, final report and completion report for Northwest Straits Commission; track and administer budget, Including spending out on deadlines per state and federal fiscal years; manage sub -contracts as applicable and provide copies to Northwest Straits Commission grant manager; prepare MRC workplan and MRC annual report to summarize MRC activities and progress; communicate revisions to or concerns about carrying out the agreement to Northwest Straits Commission staff. a MRC training and representation: MRC members will attend Northwest Straits Initiative annual conference; MRC staff will participate in regular meetings and forums; a representative of the MRC will attend each Northwest Straits Commission meeting. e MRC Advisory: MRCs will serve as a resource to county government to help identify local marine conservation and protection needs and recommend remedial actions; MRCs will advise county council/commission/executive on local and regional marine issues as appropriate and as requested. 9 Local Integrating Organization: Where applicable, the MRC will participate in meetings and/or operations of the Local Integrating Organization (LIO) in order to participate in the planning process and action agenda update, Including identification of Near Term Actions. Task GoalS tlalenient: To carry out administrative and operational functions in support of the mission (including work plan preparation, developing and preparing project proposals, programmatic staff support, project monitoring and performance tracking, and communications), travel, planning and participation in training opportunities. "Fa's,kk 1"'x, acted (Xjtcorn,e, �E, �,e, c. �t � 0 The funds from this grant assist the MRC in the following ways-, Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: S EANWS-202 I -JeCo WS -00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name- Jefferson County 113-MI61M Ulf a MRCs have a documented process to recruit and train members to be active participants and contributors to the work oft MRC. e MRC project information is accessible and shared regularly through presentations, meetings, and web site. a The MRC meets regularly in a public forum that is promoted locally to community members and decision makers. a The MRC is informed of and contributes to the work of the Northwest Straits Commission. ,s MRC volunteer hours and other local contributions to their work is documented and shared with the Commission and the County. * The work of the MRC is planned in advance through an annual workplan and documented in an annual report., a MRC members and staff contribute to other relevant local and regional processes related to marine issues. 1"C', sk Coordinator. Monica Montgomery MRC Operations Deliverables ............. . .......... Number Description Due Date Now .......... .......... . ...... Quarterly Progress Report 1,2 Quarterly Reporting of Meeting Agendas Minutes and Reports to the Commission .................. 1.3 Matching Funds/Volunteer Time Tracking 1.4 Annual Workplan WIN . .......... . ............. - 1.5 Annual Report Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-2021 -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County SCOPE OF WORK Task Number: 2 Task Cost: $14,795.00 Task Title: 2. Education and Outreach 1"ItIsA DescrIl"Pt"11ors 1* 2.1 Speaker series: To encourage individual actions for improving water quality and stewarding marine resources, Jefferson MRC will host a speaker series in partnership with the Port Townsend Marine Science Center to target communities across the County, including more rural areas of the County, with place -specific topics of interest. If possible and where appropriate, the MRC may host relevant in -person activities along with the speaker event. 2.2 Seaweed harvest outreach: To educate public members about seaweed ecology, state regulations and sustainable harvesting practices, Jefferson will partner with WA Department of Fish and Wildlife to host an education event on seaweed harvesting and if possible, lead an accompanying event, such as a seaweed pressing or beach walk. 2.3 Shellfish harvest outreach: To educate community members on sustainable harvesting practices, Jefferson MRC will host a Digging for Dinner event for community members and families that will include education on different types of bi -valves, where to find them, how to harvest safely and sustainably, and basic state rules and regulations. Jefferson MRC will also partner with the Northwest Straits Foundation to organize a crabber outreach workshop, coupled with distribution of educational materials ahead of the crabbing season, to educate community members about proper crabbing gear and techniques to prevent lost pots. 2.4 Shoreline landowner workshop: To educate shoreline property owners about how to protect their properties while protecting nearshore habitat, Jefferson MRC will partner with the Northwest Straits Foundation to host at least one workshop focused on ways protecting shoreline property from erosion and alternatives to hard armoring that help prevent erosion. Ta ' A Goal Statementl-I The goal of the Jefferson MRC's education and outreach efforts is to increase community awareness about local marine issues and efforts. Community members engage in individual actions and community work to improve our nearshore and marine resources., Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-2021 -JeCOWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County I &O'cipient, 1 1* ask Coord,1111ca"t"ors Brenda Johnson 2. Education and Outreach Deliverables .................... Number Description --- i.......... ''I'll- LDue to 2.1 The Recipient will submit the 2022 Outreach Plan and upload into EAGL. 2.2 The Recipient will submit the year one outreach report (including summary of outreach activities, number of contacts, materials and presentations, copies of outreach assessment tools and rCS LI I'tS,.Lhoto,$) and uLload into EAGL. . . . .......... 2.3 The Recipient will submit the 2023 Outreach Plan and upload into EAGL. - --- ------- ROMANO - -------- 2.4 The Recipient will submit the year two outreach report (including summary of outreach activities, number of contacts, materials and presentations, copies of outreach assessment tools and results, pfiotos) and upload into EAGL. Template Version 12/10/2020 State of Washington Department of Ecology Page 12 of 40 Agreement No: SEANWS-202 I -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County SCOPE OF WORK Task Number.- 3 Task Cost: $9,971.00 Task Title.- 3. Community science monitoring lsk 121, 3.1 Jefferson MRC will participate in the regional long-term bull kelp data collection project, using existing Northwest Straits protocols to conduct kayak -based bull kelp monitoring annually each summer, to track changes in kelp bed size at North Beach. The MRC will also collect data on water temperature and dissolved oxygen. 3.2 Jefferson MRC will use 'existing protocols to conduct monthly forage fish spawning surveys at long-term data collection index sites at Discovery Bay and Dabob Bay, in partnership with Washington Department of Fish and Wildlife. In year two, Jefferson MRC will also collect forage fish spawning data at a restoration monitoring site at Fort Townsend State Park. Task Goal Statement: 3.1 Bull kelp: To contribute local data to regional monitoring efforts and build a greater understanding of bull kelp population trends. 3.2 Forage fish: To contribute local data to regional monitoring efforts and build a greater understanding of forage fish spawning activities, as well as to evaluate the effectiveness of nearshore restoration. II i aLLz's; kK E-, X etted, Qq!�� Species data from sites in Jefferson County will be provided to state agencies, contributing to regional mapping and databases. Local monitoring efforts will .provide opportunities for community engagement and education out nearse processes, kelp, and forage fish populations. Template Version 12/10/2020 State of Washington Department of Ecology Agreement Na: SEANWS-202 I -JeCOWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County 4 &e,ijiknat _'17aA,Coor nator: Betsy Carlson, Jeff Taylor, Sarah Fisken 3. Community science monitoring Deliverables Number Description Due Date .... .... — ------ ............ — 3.1 Recipient will submit the bull kelp year one QAPP and upload into EAGL. 3.2 Recipient will submit the forage fish year one QAPP and upload into EAGL. 3.3 Recipient will submit the bull kelp year one summary report (including locations, copy of data, dates, number of volunteers and photos) and upload into EAGL. 3.4 Recipient will submit the Adelma Beach forage fish year one summary report (including presence/absence of eggs, number of samples," length of shoreline, and photos) and upload into EAGL. .......... - 3.5 Recipient will submit the Dabob Bay forage fish year one summary report (including presence/absence of eggs, number of samples, length of shoreline, and photos) and upload into EAGL. 3.6 Recipient will submit the bull kelp year two QAPP and upload into EAGL. 3.7 Recipient will submit the forage fish year two QAPP and upload into EAGL. ........ . . ........... 3.8 Recipient will submit the bull kelp year two summary report (including locations, copy of data, dates, number of volunteers and photos) and upload into EAGL. 3.9 Recipient will submit the Adelma Beach forage fish year two summary report (including presence/absence of eggs, number of samples, length of shoreline, and L d upload into EAGL. . ..... pti,otos) an .......... ------- --- 3.10 Recipient will submit the Dabob Bay forage fish year two summary report (including presence/absence of eggs, number of samples, length of shoreline, 111all d pli,otos) and, upload into EAGL. . ..................... — . .............. 3.11 Recipient will submit the Fort Townsend forage fish year two summary report (including presence/absence of eggs, number of samples, length of shoreline, ................................. . . . . . . . . . . WIN I �1112E4_p h o to s) and upload into EAGL. Template Version 12/10/2020 State of Washington Department of Ecology P,age 1 of 0 Agreement No: S EANWS-202 I -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County SCOPE OF WORK Task Number: 4 Task Cost: $11,224.00 Task Title: 4. Mapping lost crab pots Lost and abandoned fishing gear, like crab pots, can sit on the ocean floor trapping and killing marine animals. Prior to, the start of the 2022 crabbing season, Jefferson MRC will identify areas with high concentrations of lost crab pots, using sidescan sonar surveys to detect lost crab pots in Discovery Bay. The MRC will document the number of lost crab pots and create a map of pot locations in Discovery Bay from sidescan sonar surveys, and share the information with state agencies and as an outreach tool for educating harvesters about the problem of lost pots and best practices for harvesting. Jefferson MRC will also work with a local STEM program to test and document the ability of a submersible remotely operated vehicle (ROV) to detect and remove lost crab pots. If required permits are granted by Washington Department of Fish and Wildlife, the MRC will work with their partner to identify sites, prepare a removal plan and acquire a scientific collection permit, and the STEM program will use a protocol now under development for the operation oft e submersible ROV for detection and removal. Task Goal Statement: The goal of this project is to identify areas with high concentrations of lost crab pots that are overlooked by other derelict gear removal programs. Task", Expecled outcotne-1 Sidescan sonar surveys will detect lost crab pots in Discovery Bay. Testing the capabilities of a submersible ROV to determine whether it can effectively detect and possibly remove lost pots. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-202 I -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County 4, Ip co le Iask,Coordinatoi Jeff Taylor 4. Mapping lost crab pots Deliverables 0-1-MMUM Number Description Due Date . .................... . .................... . . . ..... 4.1 Recipient will submit a copy of ROV survey protocol and upload to EAGL, ----- ----- .............................. .... .... . 4.2 Recipient will submit a copy of of location data and map with pot locations and upload to EAGL. 4.3 Recipient will submit year one summary report (including report on activities and summary of results, copies of any resulting materials, presentations, or _outreachl, photos) and upload to EAGL. 4.4 Recipient will submit the Pilot ROV documentation (including permitting materials, and if permit granted by 'WDFW copies of removal plan, scientific collection permit and summary of removal operations and lessons learned) and Upload to EAGL. Template Version 12/10/2020 State of Washington Department of Ecology Page 116 of 410 Agreement No: SEANWS-2021 -JeCoWS-00007 Project Title: Jefferson County MRC. Operations and Projects 2021-2023 Recipient Name: Jefferson County SCOPE OF WORK Task Number: 5 Task Cost: $15,623.00 Task Title: 5. Eelgrass / shellfish protection no -anchor zones Jefferson MRC protects local eelgrass and shellfish beds by maintaining voluntary no -anchor zones in Port Townsend Bay (along the Port Townsend waterfront and further south, near Port Hadlock) and Mystery Bay. These buoys infon-n boaters where to avoid dropping their anchors to prevent physical damage to eelgrass and shellfish beds. In Port Hadlock and Mystery Bay, Jefferson MRC will monitor placement and condition oft ese buoys periodically, replace worn parts and remove marine fouling as needed and monitor boater compliance periodically. Annually in the all at the Port Townsend waterfront site., the MRC will swap summer spar buoys with winter floats to minimize the loss of buoys during winter storms. In late spring annually, the MRC will swap the winter floats with the summer spar buoys and replace any worn parts. Jefferson MRC will monitor boater compliance with no -anchor zones during the Wooden Boat Festival, with the goal of achieving at least 95% compliance. The MRC will also document the number of buoys installed, maintained and visible during each boating season. In year two, Jefferson MRC will conduct a survey of eelgrass along the Port Townsend waterfront for comparison with previous baseline surveys. 101 Rlsk,Goal Statcmlent.'N, The goal is to protect three established eelgrass, and shellfish habitat areas by encouraging boaters to respect voluntary no -anchor zones delineated by buoys maintained by Jefferson MRC. "T"as]( Expected Otit'icotiit: Port Townsend Bay: Eelgrass beds are protected from damage by boats dragging anchors or chains to the Port Townsend waterfront. Survey data on eelgrass beds will be available for comparison to baseline data. Port Hadlock and in Mystery Bay: buoys will keep boats from anchoring too close to shellfish beds. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-2021-JeCOWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County et'"'[""�"isk Coordiat: Troy McKelvey 5. Eelgrass l shellfish protection no -anchor zones Deliverables Nurn ber Description Due Da te 5.1Recipient will submit the year one interim re p y port on buoy deployment conditions and uy lead into EAGL. 5.2 Recipient will submit the year one summary ' p y ry report including buoy maintenance summary, report on any presentations or ads, jpg photos and s mnry of and ; load into EAGL. 5.3 Recipient will submit the eelgrass survey Quality Assurance Proje ct Plan and 'upload into EAGL. 5.4 Recipient will submit the year two interim report on buoy Y p u y deployment conditions and Ueload, into EAGL. 5.5 Recipient will submit the year two summary report(including oy . maintenance summary, report on any presentations or ads, jpg photos and s,u M 111rof co 'l '1 an,ce monitor i1o into EAGL. 5.5 Recipient will submit the eelgrass survey co f g y( (copy o data collected, summary of results) and Lw 1 oad into EAGL. Template Version 12/10/2020 State of Washington Department of Ecology Page 18 of 40 Agreement No: SEANWS-202 I -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recip lent Name: Jefferson County SCOPE OF WORK Task Number: 6 Task Cost: $10,303.00 Task Title:, 6. Olympia oyster restoration Task ides C-[I',pt'I''ot'I,: Jefferson MRC has two existing Olympia oyster restoration sites in Discovery Bay (Powerlines and Lagoon) where there is a small but stable extant Olympia oyster population. The MRC will place clean shell at both sites each year to provide substrate for larvae to settle on, and will monitor the number and size of Olympia oysters annually. The MRC also intends to expand the Powerlines site to include an adjacent parcel just southwest of it, and will continue to assess potential sites for restoration across East Jefferson County with guidance from WA Department of Fish and Wildlife partners. Task Goal Statement: The goal of this project is to establish larger, self-sustaining beds of Olympia oysters with continued growth in density and size of oysters within both sites at Discovery Bay. [,,cis k# lax coed �ed Additional shell spread at both restoration sites. Continued growth in density and size of Olympia oysters monitored at both sites, Reci *en ol I Ta's00t 1it. Neil Harrington .1 6. Olympia oyster restoration Deliverables Number Description Due Date 6.1 Recipient will submit the 2022 Discovery Bay Quality Assurance Project Plan and upload into EAGL. 6.2 Recipient will submit year one summary report (including summary of actions, data, coliceteti,and , 'Awlos) and upload into EAGL. — ------ --- 6.3 Recipient will submit the 2023 Discovery Bay Quality Assurance Project Plan and upload into EAGL. ..... ...... 6.4 Recipient will submit the year two summary report (including summary of notos) [Id u awbilotis, data collecte(l. and, t upload into EAGL. . . .................................................. .. .. ......... — - - ---- ---- ----------- Template Version 12/10/2020 State of Washington Department of Ecology Page 19 of 40 Agreement No: SEANWS-2021 -JeCOWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County SCOPE OF WORK Task Number: 7 Task Cost: $24,261.00 Task Title: 7. Rain gardens and stormwater management `ktsk 11escriptio,11". Rain gardens are a green infrastructure and low -impact development technology used to reduce nutrients and contaminants in stormwater runoff. By decreasing pollution loads that eventually flow into the surrounding marine waters of East Jefferson County, rain gardens improve water quality and benefit eelgrass beds, shellfish beds, and other nears re and marine habitats., Jefferson MRC will continue building a network of rain gardens in suitable, priority locations by installing at least one rain garden each year, in partnership with other local entities. Jefferson MRC will identify new sites for rain are installations; acquire permits as needed; coordinate with local agencies, landowners, contractors, community volunteers and partners to install each rain garden. ["aSkGoal Statc,met1t: The goal is to improve the quality of stormwater flowing into the surrounding marine waters of East Jefferson County by building a network of rain gardens that increase soil absorption and filter contaminants. n ask [`x0 cte "xi. iconcon ask ve At least two new rain garden installations that reduce the amount of contaminants in stormwater flowing into the surrounding waters of East Jefferson County. Increased understanding about stormwater issues through volunteer engagement in rain garden installations. Coorclitiatortl Judy Surber 7. Rain gardens and stormwater management Deliverables Number Description Due Date immm""M 11 Now . ...... . . . . . . . ............ L7.1 Recipient will submit the year one list of partners and upload into EAGL. LL. 7.2 Recipient will submit the year one summary report (including partnerships, sign . ... .... ..... . in sheets, permits, media articles, photos) and upload into EAGL. 7.3 Recipient will submit the ear two list of partners and uplo6d into EAGL. 7.4 Recipient will submit the year two summary report (including partnerships, sign insheelts, pe'r[nits, media articles, photos) and Lltdloadl into EAGL. I Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEAN WS-202 I -JCCOWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County BUDGET Funding Distribution EG220117 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: MTCA-Marine Resources Committees 21-23 Funding Type: Grant Funding Effective Date: 10/01/2021 Funding Expiration Date: 06/30/2023 Funding Source: Title: Model Toxics Control Operating Account (MTCOA) Fund: Type: State Funding Source %: 100% Description: To distribute equally among the seven Puget Sound Marine Resources Committees. Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT: 17.44% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? Yes Template Version 12/10/2020 � P=II it mmm�_, A Iff Mwe a Agreement No., SEANWS-2021 -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County .......... MTCA-Marine Resources Committees 21-23 ............ Task Total MRC Operations $ 745000.00 2. Education and Outreach $ 8N0.00 3. Community science monitoring $ 69200.00 . ....................................... 4. Mapping lost crab pots 79200.00 5. Eelgrass 1 shellfish protection no -anchor zones 109500.00 ........... . . — 6. Olympia oyster restoration 813300.00 7. Rain gardens and stormwater management 149900.00 Total: S 130,9000.00 Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-2021 -JcCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County BUDGET Funding Distribution EG220123 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Effective Date: Funding Source: Title: Fund: Type: Funding Source %: Description: 2021-22 Puget Sound Partnership/EPA 10/01/2021 Puget Sound Partnership/EPA Federal 100% Federal Awarding Agency: Federal Awarding Agency Contact: Federal Awarding Agency Phone: Federal Awarding Agency Email: Federal Awarding Agency Address: CFDA Catalog Name: CFDANumber: FAIN: Research Grant: Federal Award Date: Total Federal Award Amount: Federal Funds Obligated To Recipient, Funding Type: Grant Funding Expiration Date.- 09/30/2022 Environmental Protection Agency Jennifer Grimm -Puget Sound Partnership 360-485-7419 Jennifer. grimm(& ,psp.wa.gov National Estuary Program 66.456 $0.00 $369998.00 Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT: 17.44% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? Yes Template Version 12/10/2020 WashingtonState of cl Agreement -JeCoWS-00007 Project Title: Jefferson County MRC Operationsis2021-2023 Recipient e: Jefferson 2021-22 Puget Sound Partnership/EPA Task Total MRC Operations $ 19,492.00 2. Education and Outreach $ 39797.00 3. Community science monitoring $ 15373.00 4. Mapping lost crab pots "$ 49024.00 S. Eelgrass 1 shellfish protection no -anchor zones $ 313111.00 6. Olympia oyster restoration $ 714.00 7. Rain gardens and stormwater management $ i 49487.00 Total: 369998.00 Template si12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-2021 -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County BUDGET Funding Distribution EG220124 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Effective Date: Funding Source: Title: Fund: Type: Funding Source %,- Description: 2022-23 Puget Sound Partnership/EPA 10/01/2022 Puget Sound Partnership/EPA Federal 100% Federal Awarding Agency: Federal Awarding Agency Contact: Federal Awarding Agency Phone: Federal Awarding Agency Email: Federal Awarding Agency Address: CFDA Catalog Name: CFDANumber: FAIN: Research Grant. - Federal Award Date: Total Federal Award Amount: Federal Funds Obligated To Recipient: Funding Type: Grant Funding Expiration Date-, 09/30/2023 Environmental Protection Agency Jennifer Grimm -Puget Sound Partnership 360-485-7419 Jennifer.grimm@psp.wa.gov National Estuary Program 66.456 $0.00 $29,002.00 Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT: 17.44% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? Yes Page 24 of 0 Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-2021 -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County 2022-23 Puget Sound Partnership/EPA .............. Task Total MRC Operations 169331.00 2. Education and Outreach ....................... 21 098.00 ............ 3. Community science monitoring 2�398.00 ........... 4. Mapping lost crab pots 0.00 5. Eelgrass 1 shellfish protection no -anchor zones 23012.00 6. Olympia oyster restoration 1 289.00 gardens and st Rain 7. gormwaer management t 11 11$ 4.3874.00 Total: $ 299002.00 Template Version 12/10/2020 State of Washington Department of Ecology Page 216 of 410 Agreement No: SEANWS-2021 -JeCoWS-00007 Project Title- Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County Futidi,gg, ILi�slribution Summary Recipient / Ecology Share Funding Distribution Name . ........................................................................ Recipient Match % Recipient Share Ecology Share of MTCA-Marine Resources 0.00 % $ 0.00 $ 1301000.00 $ 1309000.00 i Committees 21-23 . ................ ..... ............ 2021-22 Puget Sound 0.00 % $ 0.00 365998.00 $ 367998.00 Partnership/EPA ------- - -- --- 2022-23 Puget Sound 0.00 % $ 0.00 297002.00 $ 299002.00 I � VA Partti,ership/.El r-k Total 0.00 196900000 $ 196,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS INLJ MAI L SPECIAL TERMS AND CONDITIONS CREDIT AND ACKNOWLEDGEMENT Reports, documents, signage, videos, or other media, developed as part of projects funded by EPA funded Agreements shall display both the EPA and Puget Sound Partnership logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency under Assistance Agreement [TBD] to Puget Sound Partnership. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." 1. INTRODUCTION The below provisions are not listed on OMB Standard Form 424B (Rev 4- 2012). These provisions apply only to Sub -recipients. 2. AUDIT REQUIREMENTS Sub -recipient CONTRACTOR shall meet the provisions in Office of Management and Budget (OMB) Guidance, Subpart F, §200.501 (Audit Requirements), if the CONTRACTOR expends $750,000 or more in total Federal funds in a fiscal year. The $750,000 threshold for each year is a cumulative total of all federal funding from all sources. The CONTRACTOR shall forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to Ecology within ninety (90) days of the date of the audit report. For complete information on how to accomplish the single audit submissions, visit the Federal Audit Clearinghouse Web site: http://harvester.census.gov/facweb/ 3. COST PRINCIPLES/INDIRECT COSTS FOR STATE AGENCIES GRANT RECIPIENT agrees to comply with the cost principles of 2 CFR 200 Subpart E as appropriate to teaward. In addition to the US Environmental Protection Agency's 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 to Template Version 12/10/2020 State of Washington Department of Ecology Page 27 of 40 Agreement No: SEANWS-202 I -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County proposal in accordance with 2 CFR 200 Appendix VII, 4. CIVIL RIGHTS OBLIGATIONS This term and condition incorporates by reference the signed assurance provided by the recipient's authorized representative on Standard Form 424B. These assurances and this term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing EPA regulations. 5. NON DISCRIMINATION AND DISADVANTAGED, MBE, WBE BUSINESS ENTERPRISES ADDITIONAL REQUIREMENTS CONTRACTOR agrees to comply with the requirements of EPXs Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement, contained in 40 CFR, Part 33. CONTRACTOR shall include the following provision in all subcontracts involving use of federal funds: In accordance with 40 CFR 33.106 and its Appendix A, the 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 applicable requirements of 40 CFR part 33 in the award of contracts 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. 6. DRUG FREE WORKPLACE CONTRACTOR (Sub -Recipient) shall make an ongoing, good faith effort to maintain a drug -free workplace pursuant tot specific requirements set forth in Title 2 CFR Part 1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization shall identify all known workplaces under its federal award and keep this information on file during the performance of the award. CONTRACTORS who are individuals must comply with the drug -free provisions set forth in Title 2 CFR Part 1536 Subpart C. The consequences for violating this condition are detailed under Title 2 CFR Part 1536 Subpart E. Recipient can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at: http://ecfr.gpoaccess.gov. 7. INTERNATIONAL TRAVEL (Including Canada) All International Travel must be approved by the US Environmental Protection Agency's, Office of Intemational 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 Partnership Project manager as soon as possible if travel is planned out of the country, including Canada and/or Mexico, so that they can submit a request to the EPA Project Officer if they approve of such travel., 8. LEP (Limited English Proficiency) Title VI As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the Sub- recipient agrees to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at http-.//frwebgate.access.gpo.gov/cgi-bin/getdoc-cgi?dbname=2004 — register&docid=fr25jnO4-79.pd. In accepting this contract, the recipient acknowledges it has an affirmative obligation to implement effective Title V1 compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral. The recipient must be prepared to demonstrate to EPA/PSP that such compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI obligations. For example, if CONTRACTOR's Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-202 I -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County = � M responsibilities under this contract include gathering public input on an environmental issue, CONTRACTOR's communication with the public should attempt to minimize barriers that interfere with the ability of LEP persons to meaningfully participate. 9. MANAGEMENT FEES Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The to ".management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this CONTRACT. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 10. PEER REVIEW The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any significant technical products the Principal Investigator (PI) of this project must solicit advice, review, and feedback from a technical review or advisory group consisting of relevant subj ect matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. 11. REIMBURSEMENT LIMITATION If CONTRACTOR expends more than the amount of the Environmental Protection Agency (EPA) funding in this agreement in anticipation of receiving additional funds from EPA, it does so at its own risk. EPA is not legally obligated to reimburse PSP, nor its sub -recipients, for costs incurred in excess of the EPA approved budget. 12. SIX GOOD FAITH EFFORTS, 40 CFR, PART 33, SUBPART C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, service and supplies under an EPA financial assistance agreement, and to require that subrecipients, loan recipients, and prime contractor also comply. Records documenting compliance with the six good faith efforts shall be retained: a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing DBEs on solicitation lists and soliciting whenever they are potential sources. b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals fora minimum of 30 calendar days before the bid or proposal closing date. c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal!, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraph (a) through (e) of this section. 13. SUB -AWARDS If CONTRACTOR (Sub -Recipient) makes sub -awards under this contract, CONTRACTOR is responsible for selecting its Template Version 12/10/2020 State of Washington Department of Ecology Agreement No- SEANWS-202 1- - Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County sub-awardees and, if applicable, for conducting sub -award competitions. CONTRACTOR agrees to: • Establish all sub -award agreements in writing; • Maintain primary responsibility for ensuring successful completion of the approved project (Sub -Recipient cannot delegate or transfer this responsibility to a sub-awardee); 0 Ensure that any sub -awards comply with the standards in Section 21 0(a)-(d) of OMB Circular A- 13 33 and are not used to acquire commercial goods or services for the sub- awardee; • Ensure that any sub -awards to 501(c)(4) organizations do not involve lobbying activities; Monitor the performance of sub-awardees., and ensure sub-awardees comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub- award; s Obtain Ecology's consent before making a sub -award to a foreign or international organization, or a sub -award to be performed in a foreign country; and 0 Obtain approval from Ecology for any new sub -award work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. 14. TRAFFICKING IN PERSONS AND TRAFFICKING VICTIM PROTECTION ACT OF 2000 (TVPA) AS AMENDED IN 22 U.S.C. 7104(g) This provision applies only to a Sub -Recipient, and all sub-awardees of Sub -Recipient, if any. See page one (1) of this contract for determination of whether CONTRACTOR is a sub- recipient. Sub -Recipient shall include the following statement in all sub -awards made to any private entity under this Agreement. "You as the Sub -Recipient, your employees, sub-awardees under this award, and sub- awardees' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub -awards under this Award." Sub -Recipient, and all sub-awardees of Sub -Recipient must inform Ecology 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 20009 as amended. 15. UNLIQUIDATED OBLIGATIONS (ULO) Sub -recipients, and all sub-awardees of Sub -Recipients, if any, should manage their agreement and subaward funding in ways that reduce the length of time that federal funds obligated and committed to subaward projects are unspent (not yet drawn down through disbursements to sub -recipients and sub-awardees). GENERAL FEDERAL CONDITIONS If a portion or al ' I 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. LIG� 11 11.j "Y OR, V'O I.,L)NI"A, Y A. CEl'U`1F4CN`I`10,N RE('!kA,R1)[N(1 S1Us"'[11 NIS 10 DEBARME,'�'NJ` IN 311 11 R 1EXCLUSION: I 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 tothe 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 RECIPIENUCONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-202 I -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County 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 EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFRI 80.330, 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. 13.AC,N1'3-,pNDS,PARENY "I"ING, REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOWRECIPIENT 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 wwwlsrs. ro,v,<h,tt,,��),,/"/`%��"vww,., 11, g-9V 'I-, , _[,' ��, , , , Nt'�,s �wvt> within 30 days of agreement signature. The FFATA information - WR- will be available to the public at W"W'MI[Sas r,< 011 V littIL'."t For more details on FFATA requirements, see www.Fsrs. gov<trt ww"W.4,�s-i'L—, g N ""o "e N ML)NicA--rl'(`NS OR'VDI�,*(`) SURVEIL[ AN( FUNDING, PRO! IIB'm.Fmmmm� 0 C E RIA 1 M wr'; 0, 1`10' iN SlERVIClI"S PM EN 1Z...-jW 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: Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-202 I -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County 99-MUMMI 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 .......... <t. DY .2ki o jikl2jOLAW-Ij —15ILY"L2 LI2-1-3U/J—IIdf7RL W- I —151,.,)t,� section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or .ATE Corporation (or any subsidiary or affiliate of such entities). 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 I" r AwarS d e'�'Ittj' s- ;an ov/SA,M/> exclusion list. .g,tnent Template Version 12/10/2020 State of Washington Department of Ecology Page,32 iof 410 Agreement No. SEANWS-202 I -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 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 For DEPARTMENT OF ECOLOGY GRANTS and LOANS 06/24/2021 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/I 701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (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 all reasonable action to avoid., minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. A The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: 0 Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. * For state funded construction, demolition., or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-202 I -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County I • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: a Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff, volunteers, 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 Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. a Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. 9 Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RC 27.53., RC 27.44, and RC 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 supportint'-r documentation. ECOLOGY will provide instructions for submitting payment requests. 6 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 website5 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 tothis Agreement, as appropriate, or upon completion of an audit as specified herein. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-202 I -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County 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 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 timell ne for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the REC'IPIENT 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, or 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 appli• cable state law in awarding contracts under this Agreement. I 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. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-2021 -JeCOWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the to 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 perfonuance oft is Agreement and in 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: a Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. 9 Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). e 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 vir e t 1 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 (GIST data is collected and processed'. Guidelines for Creating and Accessing GI 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. Template Version 12/10/2020 State of Washington Department of Ecology Page 36 of 40 Agreement No: SEANWS-2021 -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County 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) RECIPIENT is en ' couraged 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. 2o. PROGRESS REPORTING Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-202 I -JeCOWS-00007 Project Title: Jefferson County MRC. Operations and Projects 2021-2023 Recipient Name: Jefferson County I a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January I through March 31, April I through June 30, July I through September 30, and October I 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 tothe 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 attomey's opinions establishing that the land is free from any impediment, lien, or claim which of 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 on 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. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-2021-JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including 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. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative o the State fWashington, p for a period of at Ieast three (3) years after the final grant payment or loan repayment, or an dispute resolutionere Y per. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify i �to 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 t ECOLOGY and to any authorized state, federal or local representative for inspection at any time duringthe course f this a •r 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, i 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 o satisfactory performance g p 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) o 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 e is Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of paymentsrepayments it hin thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent 12% from the time � �per year Y demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property 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 e invalid . g a 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 t t toEnvironmental Policy Act (Chapter 43.21 C RC W and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject o this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend is Agreement or Y 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 Y . Template Version 12/10/2020 State of Washington Department of Ecology Page 39 of 40 Agreement No: SEANWS-202 I -JeCoWS-00007 Project Title: a Jefferson County MRC Operations and Projects 2021-2023 Recipient Name-, Jefferson County 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 i ' tems as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post -consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY's web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/`Guidance-technical-assistance/Sustainab]e-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 all 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 byte RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEANWS-202 I -JeCoWS-00007 Project Title: Jefferson County MRC Operations and Projects 2021-2023 Recipient Name: Jefferson County 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 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 tote 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 tothis 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. End of General Terms and Conditions Template Version 12/10/2020