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HomeMy WebLinkAboutWashington State Department of Ecology (DOE) No 00023 re: Flood Control Assistance- 022222-� r -\) , C ftODEPARTMENT OF *ECOLOGY State of Washington Agreement No. SEAFCAAC-2123-JCDCD4W23 SHORELANDS FCAAP COMPETITIVE PLANNING GRANTAGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY COMMUNITY DEVELOPMENT This is a binding Agmement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and Jefferson County Community Deveiornent, hereinafter referred to as the -RECIPIENT," to carry out with the provided finds activities described herein GENERAL INFORMATION Project Title: _� i Total Eligible Cost: Ecobgy Snare: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Brnnurnt Relocation Study and Quilcene CFHMP $200,546.67 $200,546.67 $150,410.00 $50,136.67 07/01/2021 06/30=3 Planning ftWex Short Description: The RECIPIENT will complete a Comprehensive Flood Hazard Management Plan (CFHMP) for the lover reaches of the Big and Little Quilcene Rivers, consistent with WAC 173-145-040, that is approvable by ECOLOGY. The RECIPIENT will also complete a feasibility assessment to determine options to relocate residents living in high -risk flood hazard areas of the Dosewallips and Duckabush Rivers to safer upland locations. emiect Lang, Description: The RECIPIENT will complete a Comprehensive Flood Hazard Management Plan (CFHMP) for the lower reaches of the Big and Little Quilcene Rivers, A CFHMP hasn't been prepared for the the Little Quileene River which discharges into the northernmost portion of Quilcene Bay, just north of the town of Quilcene. A CFHMP was prepared in 1998 for the Big Quilcene River which discharges into the western side of Quilcene Bay. Updates are needed to the existing Big Quilcene River CFHMP due to a number of river/estuary restoration projects that were completed while rural State of washington Department of Ecology Agreement No: SEAFCAAC-2123-]CDCD-00023 Project Title: Brinnon Relocation Study and Quil— CFHMP RecipieatName: Jefferson County Community Development development has continued The RECIPIENT will form a stakeholder advisory committee and draft a CFHMP consistent with WAC 173-145-040. The draft CFHMP will be reviewed by ECOLOGY. At a future date, the CFHMP will be adopted by the Jefferson County Board of County Commissioners. The RECIPIENT will complete a relocation study informed by a recommendation firm the 2009 CFHMP for the Dosewallips and Duckabush Rivers to determine suitable upland locations to relocate residents living in high -risk flood hazard areas of the lower reaches of the Dosewallips and Duckabush Rivers near the town of Brinnon. The RECIPIENT will review existing GIS mapping; coordinate with landowners, Tribes, and agencies; schedule public meetings; and perform general project management leading to the final version of the relocation study. The benefits of this work include: - A coordinated approach to assessing flood -prone areas along four major rivers that flow to Hood Canal in east Jefferson County. - A CHFMP for the Big Quilcene and Little Quilcene Rivers that would address current flood conditions and identify management strategies for reducing the potential loss of life and property in this area. - A feasibility assessment of relocating people from areas of greatest flood risk to area outside the floodplain along the Duckabush and Dosewallips River. QXMU Goal: The successful completion of a locally adopted, ECOLOGY -approved CFHMP for the lower reaches of the Big and Little Quilcene Rivers. Additionally, the successful completion of a relocation study that identifies landowners living in high -risk flood hazard areas along the lower reaches of the Dosewallips and Duckabush Rivers and presents a suite of options to relocate them to safer upland areas. Template Version 12/10/2020 Page 2 of 26 Stne of Wa binSton Department of Ecoloa AsroememtNo: SEAFCAAC-212MCDCD-00023 Project Tito: Brinson Relocation Study and Quileene CFHW Recipient Name: IdNoon County Community Development RECIPIENT I14FORMATION OrgmizeNon Name: Jefferson County Community Development Federal Tax M: 91-6001322 DUNS Number: 194926790 Mailing Address: 621 Sheridan Street Port Townsend, WA 98368 Physical Address: 621 Sheridan Street Port Townsend, Washington 98368 OgMlzatlon Email: dcdsp w jef erson.wa us Template Version 12/1G1020 Faye 3 of 26 State of Washington Department of Ecology Page 4 of 26 Agreement No: SEAFCAAC•2123-JCDCD-00023 Project Title: Brinnon Relocation Study end Quilcene CFHMP Recipient Name: Jefferson County Commurtity Development Donna Frostholm Project Manager Associate Planner/Wetland Specialist 621 Sheridan Sheet Port Townsend, Washington 98368 Email: dfrostholm@co ft4rson.wa.us Phone: (360) 379-4493 Billing Contact Jodi Adams Permit Manager 621 Sheridan Street Port Townsend, Washington 98368 Email: jadams@co jetPerson.wa.us Phone: (360) 379-4493 Greg A Brotherton Authorized Commissioner Signatory 615 Sheridan St Port Townsend, Washington 98368 Email: gbrotherton@cojefferson.wa.us Phone: (360)385-9444 Template Version 12/10/2020 State of Washington Department of Ecology Page 5 of26 Agreement No: SEAFCAAC-2123-1CDCD-00023 Project Tide: 8rinnon Relocation Study and Quilcene CFHMP Recipient Name: Jefferson Canty Community Development ECOLOGY INFORMATION Mailing Address: Department of Ecology Shorelands PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Shorelands 300 Desmond Drive SE Lacey, WA 98503 Contacts Matt Gerlach Project Manager PO Box 47775 Olympia, Washington 98504-7775 Email: MGER461@ecy.wa.gov Phone: (360) 407-0271 Michele Boderck Financial Manager PO Box 47600 Olympia, Washington 99504-7600 Email: mbod461(a wy.wa gov Phone: (360) 764-6907 Template Version 12/10/2020 State of Washington Deputnent of Ecology Agnmad No., SEAFCAAC-1123-JCDCD-00023 Project Title: Brunton Reloeatwu Study and Quileane CFHMP Recipiva Nerve: Jefferson County Community Mvelopmant AUTHORULNG SIGNATURES Page 6 of 26 RECIPIENT agrees to fiunish the necessary personnel, equipment, materials, serviom 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 sill the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced docmn nt;s, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furdnermore, the RECIPIENT has and, 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 wkrence, herein. No sabsoguert modifications or amendments to this agreement will be of airy force or effect unless in writkS, 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 mho concurrence of edber party. This Agreement shall be subject to the written approval of Ecology's authorized rep msentntive and shall not be binding until so approved. The sigaat"W to this Agreement represent that they have the authority to exectrte this Agreement and bird their respective organindons to this Agreement. Washington State Department of Ecology By: 9&"0-19- 711--� 3.8.2022 Joanne McGarr Shorelards Program Manager Template Approved to Fotrn by Attomey Gawt! s Office Template Version 12/10n020 Jeffersorn Count Community Development Date : reg A Brott"m Com mminio ner 'MZ712Z Date IWe er WabJv- owbum cf ewce Aramme No: IBA PCAAG2121-R2yCtf VMJ Y►o)eaTide; 8rb.mn RdOWdw ft* Cod QWMM CPHGW mom, bff=- Coed Ce� tlwa Wmwit SEAL: ATTEST: Carolyn Gal Date Clerk of the Board pproved as to form curly: Febn" 10, 2=2 Philip C. Hunsucker, Hate Chi@f CiWi Deputy Prosecx ft Attorney Temper WON IvIO/m Tyv7et26 Cnlniesiomr Dab HLIEbo*Axw 2 Z Z Commissioner Dab Statc of Washington Department of Ecology Page 8 of 26 Agreement No: SEAFCAAC•21234CDCD-00023 Project Title: Brinnon Relocation Study and Quilcene CFHMP Recipient Name: Jefferson County Community Development SCOPE OF WORK Task Number: i Task Cost: $22,453,67 Task Title: 1. Project Administration / Management ink VSKdolim A. The RECIPIENT will provide Project Coordination to ensure effective communication on this project with all interested parties including ECOLOGY, all affected local, state, federal agencies, tribal nations, local land owners, and other applicable stateholders. In addition, the RECIPIENT should consult with all other appropriate entities that may have useful scientific, technical, or cultural information that will augment this project. Coordination issues include, but are not limited to, flood plain management, habitat and fish protection and restoration, public access and recreation, cultural and archaeological resources, etc. B. The RECIPIENT is responsible for conducting Project Management activities to include project scheduling, assuring quality control, adherence to the scope of work, time lines, and due dates; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and has applicable compliance with deed restrictions on acquisitions as well as conducting the competitive procurement process including preparation of grant bidding documents, advertisement; award of grants and grant monitoring. C. The RECIPIENT will provide Project Administration including submittal of quarterly progress reports and reimbursement requests with corresponding supporting documentation; maintenance of project records, submittal and compliance of deliverables on established due dates. Task +Goal Stateatus m A properly managed project that meets ECOLOGY administrative requirements and provides open communication to all stakeholders. Timely and complete submittal of quarterly Payment Requests/Progress Reports (PRPRs); a project that is on schedule and within budget, and objectives of this funding opportunity are met; and a Recipient Close Out Report (RCOR). Donna Frostholm 1. Project Administration / Management Deliverables Number Description Due Date 1.1 Quarterly Payment Request / Progress Report (PRPR) 1.2 Recipient Close Out Report (RCOR) 06/30/2023 'lemplate Version 12/10/2020 State of Washington Department of Ecology Page 9 of 26 Agreement No: SFAFCAAC-2123-JCDCD-00023 Project Title: Brinnon Relocation Study and Quilcena CFHMP Recipient Name: Jeffers" County Community DeveiopmenL SCOPE OF WORK Task Number: 2 Task Cost: $131,739.00 Task Title: 2. CFHMP for Big- and Little Quilcene Rivers Task r�intion The RECIPIENT, working through a collaborative planning effort with project stakeholders, will prepare a CFHMP for the lower reaches of the Big Quilcene and Little Quilcene Rivers consistent with the requirements of WAC 173-145-040. The planning area for the CFHMP includes the areas within countyjurisdiction of the Big Quilcence from river mile (RM) 0.0 to approximately RM 4.0 and the Little Quilcene from RM 0.0 to approximately RM 6.0. The RECIPIENT will work with the stakeholder advisory team to complete an initial draft of the plan and seek comment from stakeholders through targeted feedback requests and the completion of the State Environmental Policy Act (SEPA) review process. After inoM. orating comments from the feedback process, the RECIPIENT will finalize a CFHMP that is approvable by Ecology in consultation with the Washington State Department of Fish and Wildlife and is ready for adoption by the Jefferson County Board of County Commissioners. A. The RECIPIENT will hire a contractor through a competitive procurement process to help with completion of the CFHMP. The RECIPIENT will upload a signed consultant contract in EAGL and notify the ECOLOGY Project Manager, B. The RECIPIENT will organize a stakeholder advisory team and host stakeholder engagement/public meetings. The RECIPIENT will upload a copy of each meeting attendance log and meeting agenda in EAGL and will notify the ECOLOGY Project Manager. C. Light refreshments (trot meals) for meetings, as defined by ECOLOGY's Administrative Requirements of Ecology's Grants and Loans (2017 Yellow Book), may be eligible for reimbursement. Prior to each public meeting, the RECIPIENT must request and receive written approval by ECOLOGY's Project Manager for light refreshment reimbursement(s). Approved request forms must be submitted with the corresponding Payment Request/Progress Report (PRPR) in EAGL. D. For any publications, education and outreach materials, the RECIPIENT will follow ECOLOGY's requirements in the following sections of the Agreement General Terms and Conditions: 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY; and 19, PRESENTATION AND PROMOTIONAL MATERIALS. For more information, see the Agreement General Terms and Conditions. For communication materials, the RECIPIENT will acknowledge that funding was provided by ECOLOGY. The ECOLOGY Project Manager will provide a copy of ECOLOGY's logo, upon request. The RECIPIENT will provide a copy of education and outreach materials to the ECOLOGY Project Manager for review prior to distribution. The RECIPIENT will upload a copy of the materials in EAGL and will notify the ECOLOGY Project Manager. E. The RECIPIENT will create a draft CFHMP consistent with WAC 173-145-040, and submit it to ECOLOGY for review. The RECIPIENT will incorporate ECOLOGY's comments in the final draft CFHMP prior to local adoption. The RECIPIENT will upload a copy of the draft CFHMP in EAGL, and notify the ECOLOGY Project Manager. 'template Version 12/10/2020 Stale of Washington Department of Ecology Agreement No: SEAFCAAC-2123-JCDCD-00023 Project Title: Brinnon Relocation Study and Quilcene CFHMP Recipient Name: Jefferson County Community Development Page 10of26 F. The RECIPIENT will complete the SEPA review process. The RECIPIENT will upload the final determination in EAGL and notify the ECOLOGY Project Manager. G. The RECIPIENT will complete a final version of the CFHMP that is approvable by ECOLOGY in consultation with the Washington State Department of Fish and Wildlife and is ready for adoption by the Jefferson County Board of County Commissioners. The RECIPIENT will upload the final copy in EAGL, and notify the ECOLOGY Project Manager. Tusk.aw51 The RECIPIENT will form a stakeholder advisory team, convene the necessary review process, and draft and finalize a CFHMP for the lower reaches of the Big and Little Quilcene Rivers. Completion of a CFHMP consistent with WAC 173-145-040 that is approvable by ECOLOGY and is ready for adoption by the Jefferson County Board of County Commissioners. Donna Frostholm 2. CFHMP for Big- and Little Quilcene Rivers Deliverables Number Description Due Date 2A Signed consultant contract(s). Upload in EAGL and notify ECOLOGY 2.2 Public meeting agendas and attendance logs. Upload to EAGL and notify ECOLOGY Project Manager. 2.3 Final digital copy or a link to educational products developed under the task (e.g. brochures, manuals, pamphlets, videos, audio files, posters, media announcements, or web page links.) Upload to EAGL and notify ECOLOGY Project Manager. 2.4 Light refereshments meeting request form (if applicable). Submit to ECOLOGY Project Manager for approval prior to each public meeting. Submitapproved with each Payment R uest/Pro Tess Report LMRJ. 2.5 Draft CFHMP and SEPA documentation (including final determination). U load in EAGL and notif y ECOLOGY Project Manager. 2•6 Final CFHMP. Upload in EAGL and notify ECOLOGY Project Manager, Template Version 12/10/2020 State of Washington Department of Ecology Page 1 I of 26 Agreement No: SEAFCAAC-2123-JCDC&00023 Project Title: Brinnon Relocation Study and Quilcene CFHMP Recipient Name: Jefferson County Community Development SCOPE OF WORK Task Number: 3 Took Cost. $46,354.00 Task Title: 3. Relocation Study j lion: The RECIPIENT will complete a relocation study to determine suitable upland locations to relocate residents living in high -risk flood hazard areas of the lower reaches of the Dosewallips and Duckabush Rivers. The RECIPIENT will utilize geospatial data and existing reports to determine the parcels most susceptible to flooding and engage the landowner about relocation. Suitable relocation areas will be chosen based on county land use and zoning regulations and input from a stakeholder advisory team. The completion of the relocation study is a preliminary step in implementing a key recommendation of the 2009 CFHMP for the Dosewallips and nuckabush Rivers, which is to acquire properties that have a high risk for flooding. Property acquisition from willing land owners would reduce property damage during flood events and would increase flood storage capacity along both rivers. The relocation study will identify areas within the floodplain that are most at risk of flooding and the most important ecologically, and then identify areas outside the floodplain that may be suitable for relocation. Providing relocation options is a key step for assisting the most marginalized Brinnon residents move out of river floodplains. The study is intended to take another step towards facilitating relocation efforts as that type of funding becomes available. Eligible activities in this task include: A. The RECIPIENT will hire a contractor through a competitive procurement process to help with completion of the relocation study. The RECIPIENT will upload a signed consultant contract in EAGL and notify the ECOLOGY Project Manager. B. The RECIPIENT will host stakeholder engagement/public meetings. The RECIPIENT will upload a copy of each meeting attendance log and meeting agenda in EAGL and will notify the ECOLOGY Project Manager. C. Light refreshments (not meals) for meetings, as defined by ECOLOGY's Administrative Requirements of Ecology's Grants and Loans (2017 Yellow Book), may be eligible for reimbursement. Prior to each public meeting, the RECIPIENT must request and receive approval by ECOLOGY's Project Manager for light refreshment reimbursement(s). The ECOLOGY Project Manager will send a copy of the light refreshment request form, upon request. Approved request forms must be submitted with the corresponding Payment Request/Progress Report (PRPR). D. For any publications and education and outreach materials, the RECIPIENT will follow ECOLOGY's requirements in the following sections of the Agreement General Terms and Conditions: 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY; and 19. PRESENTATION AND PROMOTIONAL MATERIALS. For more information, see the Agreement General Terms and Conditions. For communication materials, the RECIPIENT will acknowledge that funding was provided by ECOLOGY. The ECOLOGY Project Manager will provide a copy of ECOLOGY's logo, upon request. The RECIPIENT will provide a copy of education and outreach materials to the ECOLOGY Project Manager for review prior to distribution. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEAFCAAC-2123-JCDCD--00023 Project Title: Brinnw Relocation Study and Quilcene CFHMP Recipient Name: Jefferson County Community Development Page 12 of 26 E. The RECIPIENT will create a draft relocation study and submit it to ECOLOGY for review. The RECIPIENT will upload a copy of the draft relocation study in EAGL and notify the ECOLOGY Project Manager. F. The RECIPIENT will complete a final version of the relocation study. The RECIPIENT will upload a copy of the final study in EAGL and notify the ECOLOGY Project Manager. Stat @Il'1gllla The completion of the relocation study will identify landowners living in high -risk flood hazard areas along the lower reaches of the Dosewallips and Duckabush River and determine a suite of potential options to relocate them to safer upland areas. TAk w gaQw., Completion of the final relocation study for the Dosewallips and Duckabush Rivers. Donna Frostholm 3. Relocation Study Deliverables Number Descripdou Due Date 3,1 Signed consultant contraet(s). Upload in EAGL and notify ECOLOGY Pro"eat Man er. 3.2 Public meeting agendas and attendance log. Upload to EAGL and notify ECOLOGY ect MESA&= 3,3 Final digital copy or a link to educational products developed under the task (e.g. brochures, manuals, pamphlets, videos, audio files, posters, media announcements, or web page links.) Upload to EAGL and notif ECOLOGY eet er. 3.4 Light refereshments meeting request form (if applicable). Submit to ECOLOGY Project Manager for approval prior to each public meeting. Submit approved = with each payment RequesorMmR PRPR . 3.5 Draft Relocation Study. Upload in EAGL and notify ECOLOGY Project Mona er. 3.0 Final Relocation Study. Upload in EAGL and notify ECOLOGY Project Manager. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEAFCAAC-2123-JCDCD-00023 Project Titic: Brinnon Relocation study and Quilcene CFHMP Recipient Name: Jefferson County Communhy Development BUDGET Funding Distribution EG220444 NOTE: The above funding distribution number Is used to identify this speck 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: FCAAP 21-23 07/01 /2021 Funding Type: Grant Funding Expiration Date: 06/30/2023 Flood Control Assistance Account Program (FCAAP) 02P state 100a/o FCAAP Approved Indirect Costs Rate: Approved State Indirect Rate: 23.34% Recipient Match %: 25% InKind Interlocal Allowed: Yes InKind Other Allowed: Yes Is this Funding Distribution used to match a federal grant? No F'CAAP 21-23 Task Total 1. Project Administration / Management 22,453.67 2. CFHMP for Big- and Little Quilcene Rivers 131,739.00 3. Relocation Study 46,354.00 Total: S 200,546.67 Template Version 12/1WOW Page 13 of 26 Stale of Washington Department of Ecology Agreement No: SEAFCAAC-2123-JCDCD•00023 Project Title: Srinnon Relocation Study and Quiteene CFHMP Recipient Name: Jefferson County Community Development Recipient / Ecology Share Page 14 of 26 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total FCAAP 21-23 25.00 % $ 50,136.67 $ 150,410.00 $ 200,546.67 Total $ 50,136.67 5 150,410.00 S 200,546.67 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS Floodplains by Design and Flood Control Assistance Account Program - Special Terms and Conditions 1. Local Decision: This grant is made in response to a request for financial assistance from the RECIPIENT to undertake flood damage prevention projects. The choice of floodplain management activities addressed by this grant Is a local decision made solely by the RECIPIENT. The RECIPIENT is not acting as an agent of the State of Washington. 2. Lawsuits: Ecology shall not be responsible for any non -contractual damage or inverse condemnation claims resulting from the structures or works constructed, repaired, restored, maintained, or improved pursuant to this grant. 3. Indemnification, Hold Harmless and Duty to Defend a. Ecology shall 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. b. This paragraph applies to negligence based claims only. All other claims are governed by paragraph 4 of this section (item 3.d). To the extent the constitution and laws of the State of Washington permit, RECIPIENT shall indemnify, defend and hold harmless the State, its agencies, officers and employees, from all claims, suits or actions brought for any or all injuries to persons or property arising from, or as a consequence of, negligent acts or omissions related to the construction, restoration, repair, maintenance, improvement or operation of the structures or works for which this grant is provided. If the structures or works for which this grant is received are a portion of an integrated flood protection system, RECIPIENT agrees to indemnify, defend and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of that integrated flood protection system; PROVIDED, however, that this provision is not intended to and shall not be construed as a waiver by RECIPIENT of any immunities conferred upon the RECIPIENT by RC W 86.12.037 nor is it intended to, and it shall not be construed to, confer any rights upon third parties. c. The RECIPIENT will not be required to indemnify, defend, or save harmless the State, its agencies, officers or employees as provided in the preceding paragraph of this section if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the State. Where such claims, suits, or actions result from the concurrent negligence of (a) the State, or the State's agents or employees and (b) the RECIPIENT or the RECIPiENT's agents or employees, the indemnity provisions Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEAFCAAC-2123-JCDCD-00023 Project Title: Brinnon Relocation Study and Quilcene CFHMP Recipient Name: Jefferson County Community Development Page 15 of 26 provided in the preceding paragraphs of this section shall be valid and enforceable only to the extent of the RECIPIENTSs negligence or the negligence of its agents and employees. d. To the extent that the constitution and laws of the State of Washington permit, RECIPIENT shall indemnify and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the continued operation, maintenance, or repair of the structures or works constructed, restored, repaired, maintained or improved as a result of this grant. if the structures or works for which this grant is received are portions of an integrated flood protection system, RECIPIENT agrees to indemnify, defend and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of that integrated flood protection system; PROVIDED, however, that the indemnity provisions of this paragraph are not intended to and shall not be construed as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor are they intended to, and they shall not be construed to, confer any rights upon third parties. This agreement applies to all non -negligent, non -contractually based claims including, but not limited to, inverse condemnation, contribution, indemnification, trespass and/or nuisance. 4. Any development activity funded by this grant which occurs in the Federal Emergency Management Agency (FEMA)-mapped regulatory floodplain, also known as the Special Flood Hazard Area (SFHA), may trigger the need for a floodpWn development permit from the local agency with floodplain management jurisdiction. "Development" is defined at 44 CFR 54.1 as " ... any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials." Further, any activity funded by this grant may change the base flood elevations from physical changes affecting the floodplain. Communities are required by 44 CFR 65.3 to submit new data to FEMA in the event their actions affect the base flood elevation and the regulatory map (the SFHA). 5. ECOLOGY waives property acquisition report appraisal requirements for properties valued at $25,000 or less. When the estimated property value does not exceed $25,000, and the acquisition is not complex, the RECIPIENT may be exempt from meeting appraisal and review appraisal standards. Such exemptions must be requested in writing and approved by the ECOLOGY Project Manager before the closing on the property. The RECIPIENT must follow the appraisal waiver standards in 44 C.F.R. J 24.102. 6. Some RECIPIENTS are required to provide grant match. Match is made up of three different types of contributions: cash expenditures, in kind other, and in kind interlocal. Cash match expenditures are eligible costs paid by the RECIPIENT and are not reimbursed by ECOLOGY. in kind contributions are property or services that benefit a project and are contributed to the RECIPIENT by a third party without direct monetary compensation. In kind other is a type of contribution where the third party making the contribution is not a government entity. In kind interlocal is a type of contribution where both the grant RECIPIENT and the third party making the contribution are both government entities and have a signed Inter -local agreement between them. 7. RECIPIENTS are required to submit a copy of the original invoice in the Payment Request backup documentation if an invoice number is referenced on a primary or subcontractor invoice. g. To be eligible for reimbursement, RECIPIENTS must provide documentation of how an expenditure is directly related to the project. Ecology will not reimburse any expenditure that is already included in the indirect rate. At Ecology's sole discretion, ECOLOGY may approve reimbursement for the percentage of an expenditure that is directly related to the project. Template Version 12/10/2020 State of Washington Department of Ecology Page 16 of 26 Agreement No: SEAFCAAC-2123-JCDCD-=23 Project Title: Brinnon Relocation Study and Quilccne CFHMP Recipient Name: Jefferson County Community Development FLOODPLAINS BY DESIGN FUNDING PROGRAM AND FCAAP GRANTS SPECIAL TERMS AND CONDITIONS LAST UPDATED MAY 2021. 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. MLUS= 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 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 <httpJ/www.sam.gov> and print a copy of completed searches to document proof of compliance. CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and rattan 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. Template Version 12/10/2020 State of Waahmpori Department of Ecology Page 17 of 26 Agreement No: 3F.AFCAAC-2123-ICDCD =3 Project Title: 8rimwn Relocation Study and Quile me CFHMP Recipient Name: Jefferson County Community Development Receives more than S25,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than S25,000,000 in annual federal fiords. 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 fimded agreements, including the required DUNS number, at µrM1`sr890 A09;66 firs aov!> within 30 days of agreement signature. The FFATA information will be available to the public at x}vw usasnending g�v_ clone / ,91029"d For more details on FFATA requirements, we wwwArs gQy <httplwww $- Ugv/>. As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expanding loan or grant fiords 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 1 t 5-232 <htipr, t/ in 4,ggvlcimtemli gf I l5publ2j2Mai' A ` i l jpubl232 p¢P-Y section g89, covered telecommunications equipment is telecommunications equipment produced by Huawel Technologies Company or ZTE 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 $89, are recorded in the SnWn forAwaal Matutt►.cmcnt (SAM) <hit ;#same • ,,`AM > exclusion list. Template Version 1VIW020 State of Washington Department of Ecology Page 19 of 26 Agreement No: 5EAFCAAC-2123-JCDCD 00023 Project Title: Brinnon Relocation Study and Quilcene CPHMP Recipient Name: 1offerson County Community Development 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.,//fortress.wa.gov/eey/publications/SummaryPagoV 1701004.htm1) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and rmaurces 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 subgrantecs 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 modi8cation(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 staffcontacts 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.//ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to all products supplied under the Agreement, providing equal access to Information technology by individuals with disabilities, including and not limited to web sites/pages, web -based applications, software systems, video and audio content and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take 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. 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: • 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. `Iemplatc Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEAFCAAC-2123-JCDCD-00023 project Title: Brinnon Relocation Study and Quilcene CFHMP Recipient Name: Jefferson County Community Development Page 19 of 26 • 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 (1DP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • 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. - 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. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the Department ofArchaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, 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 shalt 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 beat 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 Slate'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://of n,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. Tomplate Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEAFCAAC•2123-JCDCD•00023 Project Title: Brinnon Relocation Study and Quilcene CFHMP Recipient Name: Jefferson County Community Development Page 20 of 26 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. S. 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 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. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEAFCAAC•21234CDM00023 Project Title: Arinnon Relocation study and Quilcene CFRMP Recipient Name: Jefferson County Community Development Page 21 of 26 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 duty 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 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 ECULOUY 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: httpJ/www.acy.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://ecology.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 Agreement No: SEAFCAAC-2123-X3)CD-00023 Project Title: Brinnon Relocation Study and Quilecne CFHMP Recipient Name: Jefferson County Community Development 16. KICKBACKS Page 22 of 26 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 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"; (1) Ecology Funding Program Guidelines; and (g) General Terns and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEAFCAAC-2123-JCDCD-00023 Project Title: Brinnon Relocation Study and Qullcene CFHMP Recipient Name: Jefferson County Community Development Page 23 of 26 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 I through June 30, July 1 through 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 Fatents. 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 some 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: I. 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. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SF.AFCAAC-2123-JCDCD600023 Project Title: Brinnon Relocation Study and Quilcene CFHMP Recipient Name: Jefferson County Community Development Page 24 of26 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. 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 ofthe work described in the Scope of Work. Al l 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 (12a/o) 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 and 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. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SEAFCAAC-2123-JCDCI).00023 Project Title: Brinnon Relocation Study and Quilocne CFHMP Recipient Name: Jefferson County Community Development 27. SUSTAINABLE PRACTICES Page 25 of 26 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 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://ecol ogy.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 Template Version 12/10/2020 State of Washington Department of Ecology Agreeme t No; SEAFCAAC-2123-JCDCD•00023 Project Tide: Brinnon Relocation Study and Quilcene CFHMP Recipient Name: Jefferson County Community Development Page 26 of 26 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 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. End of General Terms and Conditions Template Version 12/1=020 JFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, Interim County Administrator FROM: Brent Butler, DCD Director, AICP Donna Frosthohn, Associate Planner DATE: February 22, 2022 SUBJECT: Washington State Department of Ecology, Flood Control Assistance Account Program Grant Funding Approval Jefferson County Department of Community Development (DCD) apprised the Board of County Commissioners (BoCC) on September 20, 2021 of land use grant opportunities being offered by Washington State Department of Ecology (Ecology). One of the grants discusses} daring the afternoon presentation to the BoCC pertained to local flood management and implementation, in which hiding is being made available though the Flood Control Assistance Account Prograrn (FCAAP). Based on discussions during the afternoon meeting, DCD submitted an application to Ecology on September 30, 2021. The county received word on November g, 2021 that we had been awarded grant funding to prepare a Comprehensive Flood bard Management Plan (CFHMP) for the Big- and Little Quilcene Rivers and to conduct a relocation feasibility study for the Dosewallips and Duckabush Rivers. BoCC approval is needed to enter into an agreement with Ecology and for DCD to release a Solicitation for Qualifications (SOQ). This grant will require consultants with expertise in engineering to prepare the CFHMP and a subconsultant knowledgeable in land development/real estate for the relocation feasibility study. k9A Q Whm fi+er. Jefferson County Department of Public Works received grant funding to prepare a CFHMP for the Big Quilcene River in 1998. This CFHMP needs to be updated and no CFHMP is known to exist for the Little Quilcene River. With FCAAP grant funding, DCD is able to hire an engineer to take the lead in preparing a CFHMP for both of these rivers. The plan would be prepared based on input from DCD planners and members of a Technical Advisory Tease (consisting primarily of federal and state agency staff, tribal representatives, and local Quilcene organizations). Any Technical Advisory Team meeting would be open to the public, which would allow for public comment and participation during plan development. The plan would present flood goals and objectives, discuss existing conditions within each of the two drainage basins, assess past flooding, and identify management strategies. The Big Quilcene and Little Quilcene Rivers CFHMP would not commit the county to any future actions or expenditures, but the plan is needed if the county wants to apply for any future grant funding from Ecology within these two drainage basins. Pa ft-wailias,81ver . A CFHMP was prepared for these two rivers in 2009. As part of the current FCAAP grant, the county would be taking steps towards implementing one of the management strategies from the 2009 plan: Acquisition of properties with a high risk of flooding. One of the current roadblocks is that those living in the floodplain may not have the means or resources to move out of a hazardous area. Grant funding will determine if there are properties within the Brinnon area that may be suitable for relocation. A subconsultant would contribute to the relocation report as would a Technical Advisory Team that included federal and state agencies, tribal representatives, and organizations from the Brinnon area. Community members will be instrumental in determining usable locations. Finally, work completed under this grant is intended to (1) provide additional information to DCD for better land use decision -making and (2) complement work being completed by the Natural Resources Program Coordinator in the Public Health Department. For this reason, the Natural Resources Program Coordinator would be invited to serve on both Advisory Teams. Ecology has awarded $200,546.67. Of this, Ecology will reimburse DCD for 75 percent ($150,410.00), with the remaining 25 percent ($50,136.67) as county match. The cash match will be from staff time. Currently, DCD is advertising an Assistant Planner position to support completion of this grant ., emsIt- _ z . __ .� r - . - - BoCC signature on the Agreement also authorizes DCD to issue a 5OQ for $110,000 for a consultant and $29,000 for a subconsultant (total amount authorized for consultants is $139,000). DCD recommends the BoCC sign the grant authorization, which would allow staff to begin working on the grant and issuing a SOQ. Ecology requests that blue ink be used for wet signatures. MMI) BY., Mark McCauleAAnterim County Admin Date Clear Form J (INSTRUC770NSARE ONTHE NEXTPAGE) CONTRACT WITH: WBshlftgtort State Depart _ oI E��y Contract No: ®ENCN►c-z+s3+Coco-000sa -.,.•....... ,,,. . •� �vrarrr, F_urnm1y farm: July 1, 2021 - June 30, 2023 NT COUY DEPARTMENT: Comnxn, ty oewbpmerrt Contact Person: Dome Faror aftrrt Butler Contact Phone: x4titt or x413 [Contact mail: d/roe0U*nd1W jeRsrson,waasOr bW#6r6Ool*ff&sW.wa.ub AMUUNT: $200,546.67 everttte: V50,410.00 Expenditure: s139,000.o7o Matching Funds Required:0,�3�.t17 - Saurces(s) of Matching Funds ;;ff-;taus Fund # 143 Munis Org/Obj aw" d't'm S' DEPARTMENT CERTIFIES CERTIFIED: 0 N/A: SMW 2 DEPARTMENT COUNTY (CONTRACTOR) HAS AGENCY. CERTIFIED. 13 N/A: 91 ,1 RISK MANAGEMENT REVIEW (Will be rxa�c 1.�is: Exempt tirom Bid Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid Il!kFP or RFQ Other: X JPC M__ AND C44PTER 1w ECW. ice PROPOSED FOR CONTRACTING WITH THE WD DY ANY FEDERAL, STATE, OR LOCAL 06(\ 9 - _� - Z-t.— Do" electronically through Lasertul!he). Electronically approved by Risk Management on 218/2022. State agreement - cannot change. STEP PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserllche): Electronically approved as to form by PA© on 2/10/2022. State language - cannot change. :];` DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). " ' „ : CONTRACTOR SIGNS STEP1r'. SUBMIT TO BOCC FOR APPROVAL