HomeMy WebLinkAbout062722ca06 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Brent Butler, DCD Director
Josh Peters, Planning Manager
Donna Frostholm, Associate Planner
Emilie Uemura, Assistant Planner
DATE: June 27, 2022
SUBJECT: Washington State Department of Ecology, Flood Control Assistance Account
Program Grant Funding Approval—Amendment No. 1
STATEMENT OF ISSUE:
The Jefferson County Board of County Commissioners (BoCC) approved a grant funding agreement with
the Washington State Department of Ecology(Ecology) on February 22, 2022. Ecology offered this grant
funding through the Flood Control Assistance Account Program (FCAAP), which provides support for land
use planning in flood-prone areas. The Agreement the BoCC signed last February included a task for
preparing a Comprehensive Flood Hazard Management Plan (CFHMP) for the Big- and Little Quilcene
Rivers and a task to assess the potential for relocating those who reside in flood-prone areas within the
Dosewallips and Duckabush drainage basins to areas outside the floodplain. The relocation component of
the grant agreement implements the 2009 Duckabush and Dosewallips CFHMP that envisioned property
acquisition and relocation of the Duckabush Fire Station to an area outside of the floodplain as more fully
set forth in Table 2 of the plan.
Both of these tasks required assistance from consultants, so Department of Community Development(DCD)
issued a Solicitation of Qualifications (SOQ) for an engineering consultant and real estate/developer
subconsultant in mid-February. Although four consulting firms initially inquired about the SOQ, none
submitted a proposal. As a result, DCD has coordinated with Ecology to revise the FCAAP grant Agreement
to eliminate the relocation study and transfer that funding towards preparation of a CFHMP. Eliminating the
need for a subconsultant would allow sufficient funds for DCD to hire a consultant to prepare the CFHMP.
Both the original Agreement with Ecology and Amendment No. 1 are attached. BoCC approval is needed to
enter into a revised Agreement with Ecology. With BoCC approval, DCD will continue working on tasks
necessary to prepare the CFHMP for the Big Quilcene River and the Little Quilcene River.
ANALYSIS:
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 Team (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 would be needed
for the county to apply for any future land use/flood grant funding from Ecology within these two drainage
basins.
FISCAL IMPACT:
Amendment No. 1 redirects funding by eliminating Task 3 (Relocation Study for the Dosewallips and
Duckabush Rivers) and transfers those funds to Task 2 (CFHMP for the Big Quilcene and Little Quilcene
Rivers). This modification does not alter the total amount of grant funding to the county; it remains the
same, as follows:
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, with much
of the match to be expended by the recently hired Assistant Planner. Other DCD staff and the county Natural
Resources Program Coordinator will contribute to the match.
BoCC signature on the Agreement also authorizes DCD to use $139,000 of the grant funding to hire an
engineering consultant.
RECOMMENDATION:
DCD recommends that the BoCC sign the grant authorization, which would allow staff to continue working
on the grant, as amended. Ecology requests that wet signatures be signed using blue ink.
REVIEWED BY:
z./(L6
2 iz
Mark McCauley ounty Administrator Date
DEPARTMENT OF
ECOLOGY
State of Washington
AMENDMENT NO. 1
TO AGREEMENT NO.SEAFCAAC-2123-JCDCD-00023
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
Jefferson County Community Development
PURPOSE: To amend the above-referenced agreement(AGREEMENT)between the state of Washington Department of
Ecology(ECOLOGY)and Jefferson County Community Development(RECIPIENT) for the Big and Little Quilcene Rivers
CFHMP(PROJECT).
The purpose of Amendment 1 is to:
1.Delete Task 3:Relocation Study and associated deliverables from the grant project. The RECIPIENT was unable to hire a
qualified relocation consultant to complete the task scope of work.
2.Shift the budget from Task 3: Relocation Study,to Task 2:CFHMP for Big-and Little Quilcene Rivers.
A.Reduce Task 3: Relocation Study budget by$46,354.00,from$46,354.00 to$0.00.
B.Increase Task 2: CFHMP for Big-and Little Quilcene Rivers budget by$46,354.00,from$131,739.00 to
$178,093.00.
The Total Eligible Cost and Task 1: Project Administration/Management budget remain unchanged.
IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows:
Project Title:
Original: Brinnon Relocation Study and Quilcene CFHMP Amended: Big and Little Quilcene Rivers CFHMP
Project Short Description:
Original:
The RECIPIENT will complete a Comprehensive Flood Hazard Management Plan(CFHMP)for the lower 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.
Amended:
The RECIPIENT will complete a Comprehensive Flood Hazard Management Plan(CFHMP)for the lower reaches of the Big
Template Version 10/30/2015
State of Washington Department of Ecology Page 2 of 8
Jefferson County Community Development
Big and Little Quilcene Rivers CFHMP Project
Agreement No.SEAFCAAC-2123-JCDCD-00023
and Little Quilcene Rivers in Jefferson County,consistent with WAC 173-145-040,that is approvable by ECOLOGY.
Project Long Description:
Amended:
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 Quilcene 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 Quilcence River
CFHMP due to a number of river/estuary restoration projects that were completed while rural 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 benefits of this work include:
-A coordinated approach to assessing flood-prone areas along two rivers that flow to Quilcene Bay 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.
Overall Goal:
The successful completion of a locally adopted,ECOLOGY-approved CFHMP for the lower reaches of the Big and Little
Quilcene Rivers.
CHANGES TO THE BUDGET
Funding Distribution EG220444
Funding Title: FCAAP 21-23
Funding Type: Grant
Funding Effective Date: 07/01/2021 Funding Expiration Date: 06/30/2023
Funding Source:
Title: Flood Control Assistance Account Program(FCAAP)
Fund: FD
Type: State
Funding Source%: 100%
Description: FCAAP
Template Version 10/30/2015
State of Washington Department of Ecology Page 3 of 8
Jefferson County Community Development
Big and Little Quilcene Rivers CFHMP Project
Agreement No.SEAFCAAC-2123-JCDCD-00023
Approved Indirect Costs Rate: Approved State Indirect:23.34%
Recipient Match%: 25%
InKind Interlocal Allowed: Yes
InKind Other Allowed: Yes
Is this Funding Distribution used to match a federal grant? No
FCAAP 21-23 Task Total
1. Project Administration/Management $ 22,453.67
2. CFHMP for Big-and Little Quilcene Rivers $ 178,093.00
3. Relocation Study $ 0.00
Total:$ 200,546,67
CHANGES TO SCOPE OF WORK
Task Number: 2 Task Cost: $178,093.00
Task Title: 2.CFHMP for Big-and Little Quilcene Rivers
Task Description:
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 county jurisdiction 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 incorporating
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(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 written approval by ECOLOGY's Project Manager for light refreshment reimbursement(s).Approved
Template Version 10/30/2015
State of Washington Department of Ecology Page 4 of 8
Jefferson County Community Development
Big and Little Quilcene Rivers CFHMP Project
Agreement No.SEAFCAAC-2123-JCDCD-00023
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.
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.
Task Goal Statement:
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.
Task Expected Outcome:
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.
Recipient Task Coordinator: Donna Frostholm
Deliverables
Number Description Due Date
2.1 Signed consultant contract(s). Upload in EAGL and notify ECOLOGY
Project Manager.
2.2 Public meeting agendas and attendance logs. Upload to EAGL and notify
ECOLOGY Project Manager.
Template Version 10/30/2015
State of Washington Department of Ecology Page 5 of 8
Jefferson County Community Development
Big and Little Quilcene Rivers CFHMP Project
Agreement No.SEAFCAAC-2123-JCDCD-00023
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 refreshments meeting request form(if applicable). Submit to
ECOLOGY Project Manager for approval prior to each public meeting.
Submit approved copy with each Payment Request/Progress Report
(PRPR).
2.5 Draft CFHMP and SEPA documentation(including final determination).
Upload in EAGL and notify ECOLOGY Project Manager.
2.6 Final CFHMP. Upload in EAGL and notify ECOLOGY Project
Manager.
CHANGES TO SCOPE OF WORK
Task Number: 3 Task Cost: $0.00
Task Title: 3.Relocation Study
Task Description:
This task and associated deliverables were deleted as part of Amendment 1.
Task Goal Statement:
N/A
Task Expected Outcome:
N/A
Deliverables
Number Description Due Date
3.1 N/A
Template Version 10/30/2015
State of Washington Department of Ecology Page 6 of 8
Jefferson County Community Development
Big and Little Quilcene Rivers CFHMP Project
Agreement No.SEAFCAAC-2123-JCDCD-00023
Funding Distribution Summary
Recipient/Ecology Share
Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total
FCAAP 21-23 25 % $ 50,136.67 $ 150,410.00 $ 200,546.67
Total $ 50,136.67 $ 150,410.00 $ 200,546.67
Template Version 10/30/2015
State of Washington Department of Ecology Page 7 of 8
Jefferson County Community Development
Big and Little Quilcene Rivers CFHMP Project
Agreement No.SEAFCAAC-2123-JCDCD-00023
AUTHORIZING SIGNATURES
All other terms and conditions of the original Agreement including any Amendments remain in full force and effect,except as
expressly provided by this Amendment.
The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective
organizations to this Amendment.
This amendment will be effective 05/02/2022.
IN WITNESS WHEREOF:the parties hereto,having read this Amendment in its entirety, including all attachments,do agree in
each and every particular and have thus set their hands hereunto.
Washington State Jefferson County Community Development
Department of Ecology
By: By:
Joenne McGerr Date Greg A Brotherton Date
Shorelands
Commissioner
Program Manager
Kate Dean
Commissioner Date
Heidi Eisenhouor
Commissioner Date
Template Version 10/30/2015
State of Washington Department of Ecology Page S of 8
Jefferson County Community Development
Big and Little Quilcene Rivers CFHMIP Project
Agreement No.SEAFCAAC-2123-JCDCD-00023
Carolyn Galloway
Clerk of the Board Date
Approved as to form only:
at
x �
June 21, 2022
Philip C.Hunsucker,Chief Civil Deputy Date
Prosecuting Attorney
Template Approved to Form by
Attorney General's Office
Template Version 10/30/2015
DEPARTMENT OF
ECOLOGY
State of Washington
Agreement No. SEAFCAAC-2123-JCDCD-00023
SHORELANDS FCAAP COMPETITIVE PLANNING GRANT AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
JEFFERSON COUNTY COMMUNITY DEVELOPMENT
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 Community Development,hereinafter referred to as the"RECIPIENT,"
to carry out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title: Brinnon Relocation Study and Quilcene CFHMP
Total Cost: $200,546.67
Total Eligible Cost: $200,546.67
Ecology Share: $150,410.00
Recipient Share: $50,136.67
The Effective Date of this Agreement is: 07/01/2021
The Expiration Date of this Agreement is no later than: 06/30/2023
Project Type: Planning
Project Short Description:
The RECIPIENT will complete a Comprehensive Flood Hazard Management Plan(CFHMP)for the lower 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.
Project Long 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 Quilcene 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
Quilcence River CFHMP due to a number of river/estuary restoration projects that were completed while rural
State of Washington Department of Ecology Page 2 of 26
Agreement No: SEAFCAAC-2123-JCDCD-00023
Project Title: Brinnon Relocation Study and Quileene CFI-1MP
Recipient Name: 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 from 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 CFFMP for the Big Quilcene and Little Qulicene 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 areas outside the floodplain along the
Duckabush and Dosewallips River.
Overall 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
State of Washington Department of Ecology Page 3 of 26
Agreement No: SEAFCAAC-2123 JCDCD-00023
Project Title_ Brirmen Relocation Study and guillotine CFHMP
Recipient Nam: Jefferson County Community Development
RECIPIENT INFORMATION
Organization Name: Jefferson County Community Development
Federal Tax ID: 91-6001322
DUNS Number: 184826790
Mailing Address: 621 Sheridan Street
Port Townsend,WA 98368
Physical Address: 621 Sheridan Street
Port Townsend,Washington 98368
Organization Email: dcd@cojefferson.wa.us
Contacts
Template Version 12/10t2020
State of Washington Department of Ecology Page 4 of26
Agreement No; SEAFCAAC-2123-JCDCD-00023
Project Title: Brinnon Relocation Study and Quilcenc CRIMP
Recipient Name: Jefferson County Community Development
Donna Frostholm
Project Manager Associate Planner/Wetland Specialist
621 Sheridan Street
Port Townsend,Washington 98368
Email: dfrostholm@co.jefferson.wa.us
Phone: (360)379-4493
Billing Contact Jodi Adams
Permit Manager
621 Sheridan Street
Port Townsend,Washington 98368
Email: jadams@co jefferson.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 of 26
Agreement No: SEAFCAAC-2123-JCDCD-00023
Project Title: Brayton Relocation Study and Quilcene CFFtMP
Recipient Name: Jefferson County 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 98504-7600
Email: mbod461@,ecy.wa.gov
Phone: (360)764-6807
Template Version 12/10/2020
State of Washington Department of Ecology Page 6 of 26
Agreement No: SEAFCAAC-2123-JCDCD-00023
Project Title: Brinnon Relocation Study and Quilcene CFHMP
Recipient Name: Jefferson Cornty Community Development
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions
of this Agreement,Scope of Work,attachments,and incorporated or referenced documents,as well as all applicable laws,
statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood,
and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties,and there are no other understandings or representations
other than as set forth,or incorporated by reference,herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing,signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State Jefferson Co Community Development
Department of Ecology
By:?ette 724
3.8.2022 �..w0 ► 24 f 2
U rat
Joanne McGerr Date Crag A Brotilrrton Date
Shorelands Commissioner
Program Manager
Template Approved to Form by
Attorney General's Office
Template Version 12/10/2020
Sate of IVaiir1On Dimtmeol of Ecology Pap 7026
Amman No: WBAFCAAC212341:0C17.00033
Projeet Tate: Orinnan Rdawdbn Wady Ind Weans CPHMP
Rawipieot None: Jason County Community Development
SEAL:
Kate Dean
2/2
.r_
2Z
ATTEST: Commissioner Date
(784, riwz, 240,_
Carolyn Gal /Y a Date
He i i?is+esthouof
Clerk of the Board
Approved esta roan(ply: p y 2
2/22
Commissioner Date
��✓✓, February 10,204
Philip C.Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Template Version 12/10r2020
State of Washington Department of Ecology Page 8 of 26
Agreement No: SEAFCAAC•21234CDCD-00023
Project Title: Brinson Relocation Study and Quilcene CFHMP
Recipient Name: Jefferson County Community Development
SCOPE OF WORK
Task Number: 1 Task Cost:S22,453.67
Task Title: 1.Project Administration/Management
Task Description;
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 Statement:
A properly managed project that meets ECOLOGY administrative requirements and provides open communication to all
stakeholders.
Task Expected Outcome:
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).
(Recipient Task Coordinator, Donna Frostholm
1.Protect Administration/Management
Deliverables
Number Description Due Date
1.1 Quarterly Payment Request/Progress Report(PRPR)
1.2 Recipient Close Out Report(RCOR) 06/302023
Template Version 12/10/2020
State of Washington Department of Ecology
Page 9 of 26
Agreement No: SEAFCAAC-2123-JCDCD-00023
Project Title: Brinnon Relocation Study and Quilcene CFHMP
Recipient Name: Jefferson County Community Development
SCOPE OF WORK
Task Number: 2 Task Cost:$131,739.00
Task Title: 2.CFHMP for Big-and Little Quilcene Rivers
Task Descript of
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 county jurisdiction 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 procesm. After incorporating
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(not meals)for meetings,as defined by ECOLOGY'S Administrative Requirements of Ecology's Grants
and Loans(20 1 7 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 finding 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
State of Washington Department of Ecology Page 10 of 26
Agreement No: SEAFCAAC-2123-JCDCD-00023
Project Title: Brinnon Relocation Study end Quilcene CFHMP
Recipient Name: Jefferson County Community Development
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.
Task Goal Statement
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.
Task Ex tqd Oita :
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.
Recipient Task C9ord jnatgr; Donna Frostholm
2.CFHMP for Big-and Little Quilcene Rivers
Deliverables
Number Description Due Date
2.1 Signed consultant contract(s).Upload in EAGL and notify ECOLOGY
Project Manager,
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.
Submit approved copy with each Payment Request/Progress Report(PRPR).
2.5 Draft CFHMP and SEPA documentation(including final determination).
Upload in EAGL and notify ECOLOGY Project Manner.
2.6 Final CFHMP.Upload in EAGL and notify ECOLOGY Project Manager.
Template Version 12/10/2020
State of Washington Department of Ecology Page II of 26
Agreement No: SEAFCAAC-2I23-JCDCD-00023
Project Title: Brinnon Relocation Study and Quilcene CFHMP
Recipient Name; Jefferson County Community Development
SCOPE OF WORK
Task Number: 3 Task Cost:$46,354.00
Task Title: 3.Relocation Study
Task Pescriptiont
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 nuckahush 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',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 I2/t0/2020
State of Washington Department of Ecology Page 12 of 26
Agreement No: SEAFCAAC-2I23-JCDCD-00023
Project Title: Brinnon Relocation Study and Quilcene CFHMP
Recipient Name: Jefferson County Community Development
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.
Task Goal Statement:
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.
Task Expected Outcome!
Completion of the final relocation study for the Dosewallips and Duckabush Rivers.
Recipient Task Coordinator: Donna Frostholm
3.Relocation Study
Deliverables
Number Description Due Date
3,1 Signed consultant contract(s).Upload in EAGL and notify ECOLOGY
Project Manager.
3.2 Public meeting agendas and attendance log. Upload to EAGL and notify
ECOLOGY Project Manager.
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 notify ECOLOGY
Project Manager.
3.4 Light refereshments meeting request form(if applicable).Submit to
ECOLOGY Project Manager for approval prior to each public meeting.
Submit approved copy with each Payment Request/Progress Report(PRPR).
3.5 Draft Relocation Study. Upload in EAGL and notify ECOLOGY Project
Manager.
3.0 Final Relocation Study.Upload in EAGL and notify ECOLOGY Project
Manager.
Template Version 12/10/2020
State of Washington Department of Ecology
Page 13 of 26
Agreement No: SEAFCAAC-2123-JCDCD-00023
Project Title: Brinnon Relocation Study and Quilcene CFHMP
Recipient Name: Jefferson County Community Development
BUDGET
Funding Distribution EG220444
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: FCAAP 21-23 Funding Type: Grant
Funding Effective Date: 07/01/2021 Funding Expiration Date: 06/30/2023
Funding Source:
Title: Flood Control Assistance Account Program(FCAAP)
Fund: 02P
Type: State
Funding Source%: 100%
Description: 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
FCAAP 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 12/10/2020
State of Washington Department of Ecology Page 14 of 26
Agreement No: SEAFCAAC-2123-JCDCD-00023
Project Title: Brannon Relocation Study and Quilcene CHIMP
Recipient Name: Jefferson County Community Development
Espana DistributAon%Into o
Recipient/Ecology Share
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 $ 150,410.00 $ 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
RCW 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
Slate of Washington Department of Ecology
Agreement No: SEAPCAAC•2123-JCDCD-00023 Page l5oP26
Project Title: Rrinnon Relocation Study and Quilcene CFHMP
Recipient Name: Jefferson County Community Development
provided in the preceding paragraphs of this section shall be valid and enforceable only to the extent of the RECIPIENT'S
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
floodplain development permit from the local agency with floodplain management jurisdiction."Development"is defined at 44
CFR 59.1 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.§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 interlace]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,
8.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 of26
Agreement No: SEAFCAAC-2123-JCDCD-00023
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
Ifa portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award,the following terms and conditions apply to you.
A.CERTIFICATION REGARDING SUSPENSION.DEBARMENT.INELIGIBILITY OR.YQLUN7ARY
EXCLUSIOlt
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 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 2CFR 180.330,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,FEIERhi,FUNPINQ :CCOLlNTA131LITV AND TRANSPARENCY ACE(L FAI'Al REPORTING
REOUIREMENTSF
CONTRACTORJRECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
Template Version 12/10/2020
State of Washington Department of Ecology Page 17 of 26
Agreement No: SF.AFCAAC-2123-JCDCD-00023
Project Title: Brannon Relocation Study and Quilcene CFHMP
Recipient Name: Jefferson County Community Development
• Receives more than$25,000 in federal funds under this award.
Receives more than 80 percent of its annual gross revenues from federal funds.
Receives more than$25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is
required to report the FFATA information for federally funded agreements,including the required DUNS number,at
www.fsrs.gov<http;//www,fsrs.govi>within 30 days of agreement signature.The FFATA information will be available to
the public at vww.uiasppnding,gov<http//www.usaspending.govi>.
For more details on FFATA requirements,see www.fsrs.gov<http:f/www•fsrs,gov/>.
C.FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE,
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216,federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain;or
3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment,services,or systems that use
covered telecommunications equipment,video surveillance services or services as a substantial or essential component
of any system,or as critical technology as part of any system.As described in Public Law I[-232
<hags://www.gpvipfp,gov/copterJgpkg/PL,Aw-I ISptty1232/pd17PLA,N-I I5ppb1232.pdt ,section 889,covered
telecommunications equipment is telecommunications equipment produced by Huawei 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 889,are recorded in
the System for Award Managentgnt NAM)<hfps://sam,gov/SAM/>exclusion list.
Template Version 12/10/2020
State of Washington Department of Ecology Page 18 of 26
Agreement No: SEAFCAAC-2123-1CDCD-00023
Project Title: Brinnon Relocation Study and Quilcene CFHMP
Recipient Name: Jefferson 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/ecy/publications/SummaryPages/1701004.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://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.
Template Version 12/1012020
State of Washington Department of Ecology Page 19 of 26
Agreement No: SEAFCAAC-2I23-JCDCD-00023
Project Title: Brinnon Relocation Study and Quilcene CFHMP
Recipient Name: Jefferson County Community Development
• 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:
• Keep the 1DP 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
ID?.
• 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 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 shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY,all
affected local,state,or federal jurisdictions,and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT.
ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY,
e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests.
t) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9
form at website,https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process,you can contact Statewide Payee Help Desk at(360)4074180 or email PayeeRegistration(a3ofm.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.
Template Version I2/10/2020
State of Washington Department of Ecology
Page 20 of 26
Agreement No: SEAFCAAC-21234CDC1100023
Project Title: Brinnon Relocation Study and Quilcene CHIMP
Recipient Name: Jefferson County Community Development
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 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 Page 21 of 26
Agreement No: SEAFCAAC-2123-JCDCD•00023
Project Title: Arinnon Relocation Study and Quilcene CFttMP
Recipient Name: Jefferson County Community Development
The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such
decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal.The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision
will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
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 QAPI'is required for their project shall contact the ECOLOGY
Program issuing the grant or loan.If a QAPP is required,the RECIPIENT shall:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance(QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY'S Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004
(Ecology Publication No.04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system(EIM),unless the ECOLOGY Program instructs otherwise.The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM,find instructions at:
http✓/www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System(GIS)data is collected and
processed.Guidelines for Creating and Accessing GIS Data are available at:
hops://ecology.wa.gov/Research-Data/Data-resources/Geographialnformation-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 22 of 26
Agreement No: SEAFCAAC-2123-1CDCn-00023
Project Title: Brinnon Relocation Study and Quilcene CFHMP
Recipient Name: Jefferson County Community Development
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 encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and women-owned
(WHE)businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation;however,the RECIPIENT is encouraged to
take the following actions,when possible,in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE)
(866-208-1064)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving
precedence in the following order: (a)applicable federal and state statutes and regulations;(b)The Agreement;(c)Scope of
Work;(d)Special Terms and Conditions;(e)Any provisions or terms incorporated herein by reference,including the
"Administrative Requirements for Recipients of Ecology Grants and Loans";(f)Ecology Funding Program Guidelines;and(g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of
this Agreement:
a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten(10)business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets,videos,audio
tapes,CDs,curriculum,posters,media announcements,or gadgets with a message,such as a refrigerator magnet,and any
online communications,such as web pages,blogs,and twitter campaigns.If it is not practical to provide a copy,then the
RECIPIENT shall provide a description(photographs,drawings,printouts,etc.)that best represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
20. PROGRESS REPORTING
Template Version 12/10/2020
State of Washington Department of Ecology
Agreement No: Page 23 of 26
B SEAFCAAC-2123-JCDCD-00023
Project Title: Brinnon Relocation Study and Quilcene CFHMP
Recipient Name: Jefferson County Community Development
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January I through March 31,April 1 through June 30,July 1 through
September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved
by ECOLOGY,all financial,performance,and other reports required by the Agreement and funding program guidelines.
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive,
and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others to
use the same for federal,state,or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;
present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data
in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials.ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants
and Loans,"shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,or upon specific
instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project,it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property
is lost,stolen,or damaged while in the RECIPIENTS possession,then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property.
t) 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 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 Page 24 of 26
Agreement No: SBAFCAAC-2123-JCDCD-00023
Project Title: Brinnon Relocation Study and Quilcene CFHMP
Recipient Name: Jefferson County Community Development
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 of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to
this end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICY ACT(SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental
Policy Act(Chapter 43.21 C 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 Page 25 of 26
Agreement No: SEAFCAAC-2123-JCDCD-00023
Project Title: Brinnon Relocation Study and Quilcene CFHMP
Recipient Name: Jefferson County Community Development
27. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact
meetings,and setting up recycling and composting programs.
b) Purchasing may include such items as:sustainably produced products and services, EPEAT registered computers and
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 mom suggestions visit ECOLOGY's web page,Green Purchasing,
https://ecology.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 Page 26 of 26
Agreement No: SEAFCAAC-2123-JCDCD-00023
Project Title: Brinnon Relocation Study and Quilcene CFHMP
Recipient Name: Jefferson County Community Development
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 shalt 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 12/10/2020