HomeMy WebLinkAboutMRC one time grant JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Monica Montgomery, Water Programs Coordinator
Jefferson County Marine Resources Committee (MRC) and WSU Extension
DATE: C A Ytota i,7 gi Z GZ`f
SUBJECT: 2024-2025 One Time Grant Program (OTGP) Agreement
STATEMENT OF ISSUE:
The Jefferson County Marine Resources Committee (MRC)has prepared a grant agreement
between Jefferson County and the State of Washington Department of Ecology that will be
administered through the Northwest Straits Commission. This grant will provide $108,000 of
state and federal funding for MRC-sponsored marine stewardship projects in East Jefferson
County between January 2024 and December 2025.
ANALYSIS:
The grant agreement has been reviewed and approved by the PAO.
FISCAL IMPACT:
This grant will add $108,000 to the Jefferson County MRC budget for marine and nearshore
ecosystem stewardship and education outreach projects in East Jefferson County.
RECOMMENDATION:
Signature for approval. Please note that once County review is complete and the grant agreement
is approved, Ecology will require signatures via DocuSign to execute the agreement.
REVIEWED BY:
41,4S ii/ie rq
Mark McCaule 6unty Administrator Date
CONTRACT REVIEW FORM
. (INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH:-State of WA Dept of Ecology Contract No: OTGP-2024-JeC
Contract For: Jeff. Co. M RC Term: 1/1/2024-12/31/2025
COUNTY DEPARTMENT: WSU Jefferson County Extension
Contact Person: Monica Montaomery
Contact Phone: 360-379-5610 x230
Contact email: monica.montqomery1@wsu.edu
AMOUNT: $108,000 PROCESS: Exempt from Bid Process
Revenue: $108,000 __.. Cooperative Purchase •
Expenditure: Competitive Sealed Bid
Matching Funds Required: _ Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
_ RFP or RFQ
x Other:grant agreement
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH„ICC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: N/A:Fill I . '} ;-I `"j Z `��,z-��C" n/21/2023
Signature 0 Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: [1 N/A: 1. '�-^�f Y` '`' 11/21/Zo23
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 12/28/2023.
State grant agreement - cannot change.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 12/28/2023.
PAO Approval as to Form
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
•
11111 DEPARTMENT OF • .
Ohm
ECOLOGY
State of Washington
Agreement No. OTGP-2024-JeCoWS-00046
ONE TIME GRANT PROGRAM AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
JEFFERSON COUNTY
This is a binding Agreement entered into by and between the state of Washington,Depai tment of Ecology,hereinafter
referred to as"ECOLOGY,'and Jefferson County,hereinafter referred to as the"RECIPIENT,"to carry out with the
provided funds activities described herein.
GENERAL INFORMATION
Project Title: Jefferson County MRC 2024-2025 Projects.
Total Cost: $108,000.00
Total Eligible Cost: $108,000.00
Ecology Share: $108,000.00
Recipient Share: $0.00
The Effective Date of this Agreement is: 0I/01/2024
The Expiration Date of this Agreement is no later than: 12/31/2025
Project Type: Ecology Grant
Project Short Description:
The Jefferson County MRC(RECIPIENT)works to achieve resource conservation and habitat protection within the.
Northwest Straits.This grant will support two projects for the 2024-2025 grant period:marine education and
community outreach;and rain garden maintenance.
•
Project Long Description:
This grant will be used to fund the Jefferson County Marine Resources Committee (MRC)(RECIPIENT)projects from
January 1,2024 through December 31,2025.
This agreement provides for grant administration and implementation of projects for the RECIPIENT.These include:
A.Marine education and community outreach: the RECIPIENT will plan and conduct hands-on public education events
State of Washington Department of Ecology
Page 2 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
and workshops and continue partnering with other local organizations to host coupled speaker presentations and
in-the-field activities to educate the public about local marine issues and conservation efforts.
•
B.Maintenance of established rain gardens: the RECIPIENT will maintain established rain gardens and ensure they are
properly functioning to slow,filter,and infiltrate stormwater runoff.
Overall Goal:
The overall goal of this grant is to improve the health of local marine and nearshore ecosystem in east Jefferson County.
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State of Washington Department of Ecology
Page 3 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
RECIPIENT INFORMATION
Organization Name:; Jefferson County
Federal Tax ID: 91-6001322
UEI Number: FGN7DDMJA7H7
Mailing Address: 121 Oak Bay Rd •
Port Hadlock,WA 98339
Physical Address: 121 Oak Bay Rd
Port Hadlock,Washington 98339
Organization Email: monica.montgomeryl@wsu.edu
Contacts
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State of Washington Department of Ecology
Page 4 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
Monica Montgomery
Project Manager
Water Programs Coordinator
121 Oak Bay Rd
Port Hadlock,Washington 98339
Email: monica.montgomeryl@wsu.edu
Phone: (360)379-5610 X230
Billing Contact Anji Scalf
Administrator
121 Oak Bay Rd
Port Hadlock,Washington 98339
Email: ascalf@co.jefferson.wa.us
Phone: (360)379-5610
Amit Sharma
Authorized
Signatory
121 Oak Bay Rd
Port Hadlock,Washington 98339
Email: amit.sharmal@wsu.edu
Phone: (360)379-5610
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State of Washington Department of Ecology Page 5 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
ShoreIands
•
PO BOX 47600
Olympia,WA 98504-7600
Physical Address: Shorelands
300 Desmond Drive SE
Lacey,WA 98503
Contacts
Sasha Horst
Project
Manager
Breazeale-Padilla Bay Interp.Center 10441 Bayview Edison Rd.
Mt Vernon,Washington 98273-7242
Email: horst@nwstraits.org
Phone: (360)428-1084
Cindy James
Financial
Manager
PO Box 47600
Olympia,Washington 98504-7600
Email: cjam461@ecy.wa.gov
Phone: (360)280-8645
Dana Oster
Technical
Advisor
• Breazeale-Padilla Bay Interp.Center 10441 Bayview-Edison Rd. •
Mt Vernon,Washington 98273-7242
Email: DAOS461@ecy.wa.gov •
Phone: (360)428-1043
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State of Washington Department of Ecology Page 6 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson Comity
•
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 County
Department of Ecology
•
By: By:
Joenne McGerr •
Date Date
Shorelands Kate Dean
Program Manager 610.120. a b
12/28/2023
Template Approved to Form by Barbara D Ehrllchman Date
Attorney General's Office C;ivi!Detyilt'.'PI'osectttj tig Attorney
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State of Washington Department of Ecology Page 7 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 1 Task Cost:$65,998.00
Task Title: 1.Project Administration/Management
Task Description:.
A.The RECIPIENT shall provide necessary project oversight and coordination to complete the scope of work in compliance
with this ECOLOGY grant agreement,which includes project coordination,administration,and management.
B.The RECIPIENT shall conduct project management activities including-compliance with state statutes and rules,project
scheduling,adherence to the scope of work,timelines,and due dates;request for,and if applicable,conducting the competitive
procurement process including preparation of contractor bidding documents,advertisements, and grant monitoring.
C.The RECIPIENT shall submit quarterly progress reports and payment requests (PRPRs)with supporting documentation;
maintain project records;submit ECOLOGY-approved deliverables; and submit the RECIPIENT Close Out Report(RCOR)
by the due dates established between ECOLOGY and the RECIPIENT.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY's grant administration requirements.
Task Expected Outcome:
Properly maintained grant project documentation. Timely and complete submittal of quarterly Payment Requests/Progress
Reports(PRPRs),grant deliverables,and the RECIPIENT Close Out Report(RCOR).
Recipient Task Coordinator: Monica Montgomery
1.Project Administration/Management
Deliverables
Number •
Description - Due Date
1.1 Quarterly Payment Request/Progress Report(PRPR)
1.2 Recipient Close Out Report(RCOR) 12/31/2025
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•
State of Washington Department of Ecology Page 8 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 2 Task Cost: $26,791.00
Task Title: 2.Education and Outreach
Task Description:
The RECIPIENT will develop and implement a marine education and community outreach program covering a range of marine
topics with targeted messaging,audiences and strategies.In addition, the RECIPIENT will continue its partnership with other
local and regional organizations to provide education to the public about local marine issues and conservation efforts through a
speaker series that includes a coupled in-the-field component.
The RECIPIENT will:
1.Plan and hold at least three hands-on public education events and workshops annually targeting recreational harvesters with
education on best practices for harvesting(a)bivalves,(b)seaweed,and(c)crab,safely and responsibly.
2.Co-host at least one speaker presentation and associated in-the-field activity annually.
Where applicable,the RECIPIENT must request and receive written approval in advance by ECOLOGY's Project Manager
for reimbursement(s)for meals or light refreshments.Approved request forms must be submitted with the corresponding
Payment Request/Progress Report(PRPR)in EAGL.
Task Goal Statement:
The-goal of the project is to increase community awareness about local marine issues and inspire marine stewardship to
improve our nearshore and marine ecosystems.
Task Expected Outcome:
Expected outcomes include increased community understanding of our local marine and nearshore resources,issues and the
impacts of individual actions,and increased engagement in community marine stewardship.
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State of Washington Department of Ecology Page 9 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
Recipient Task Coordinator: Joanie Hendricks
2.Education and Outreach
Deliverables
Number Description - Due Date
2.1 2024-2025 Outreach Plan.Upload in EAGL.
2.2 2024 outreach report(including summary of outreach activities,number of
contacts,materials and presentations,copies of outreach assessment tools and
results,photos).Uupload in EAGL.
2.3 2025 outreach report(including summary of outreach activities,number of
contacts,materials and presentations,copies of
outreach assessment tools and results,photos).Upload in EAGL. -
A
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State of Washington Department of Ecology Page 10 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
SCOPE OF WORK
Task Number: 3 Task Cost:$15,211.00
Task Title: 3.Rain Garden Maintenance
Task Description:
Rain gardens are a green infrastructure and low-impact development technology used to effectively remove excess nutrients
and contaminants from stormwater runoff.
The RECIPIENT will focus efforts on maintaining its network of 19 established rain gardens and cultivating neighborhood
stewardship.The RECIPIENT will:
1. Identify individual community members interested in adopting a rain garden for ongoing maintenance.
2.Organize work parties to weed,mulch,and plant as needed at existing rain gardens.
Where applicable,the RECIPIENT must request and receive written approval in advance by ECOLOGY's Project Manager
for reimbursement(s)for meals or light refreshments.Approved request forms must be submitted with the corresponding
Payment Request/Progress Report(PRPR)in EAGL.
3.Coordinate community volunteers to provide maintenance support.
4.Provide supplemental plants/mulch as needed for existing rain gardens.
Task Goal Statement:
The goal of this project is to improve the quality of water flowing into East Jefferson County marine waters.
Task Expected Outcome:
The expected outcomes of this project are an increased number of rain gardens that have been adopted for ongoing
maintenance,an increased understanding about water quality and stormwater issues,and reduced flow of stormwater into the
surrounding marine waters of East Jefferson County. --
Recipient Task Coordinator: Janette Mestre
3.Rain Garden Maintenance
Deliverables
Number Description Due Date
3.1 2024 Annual Summary Report and related photos.Upload in EAGL.
.3.2 2025 Annual Summary Report and related photos.Upload in EAGL.
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State of Washington Department of Ecology Page 11 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
BUDGET
Funding Distribution EG240220 •
NOTE: The above funding distribution number is used to ident fy 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 identifyeach budget.
Funding Title: 2024 NOAA Congressionally Directed SpendiFunding Type: Grant
Funding Effective Date: 01/01/2024 Funding Expiration Date: 12/31/2024
Funding Source:
Title: WA ECY Northwest Straits Marine Conservation Initiative FY23
Fund: FD
Type: Federal
Funding Source%: 100%
Description: This award number NA23NMF4690358 supports the work described in the Recipient's
proposal entitled"WA ECY Northwest Straits Marine Conservation Initiative FY23,"
dated 03/27/2023 and revised 09/06/2023,which are incorporated into the award by
reference.
Federal Awarding Agency: NOAA
Federal Awarding Agency Contact: Desmond Gelman
Federal Awarding Agency Phone: (503)530-0274
Federal Awarding Agency Email: desmond.gelman@noaa.gov
Federal Awarding Agency Address: NMFS West Coast Regional Office(WCRO) 1201 Northeast Lloyd
Boulevard, Suite 1100 Portland,OR 97232
CFDA Catalog Name: Congressionally Identified Awards and Projects
CFDA Number: 11.469
FAIN: NA23NMF4690358
Research Grant: No
Federal Award Date: 9/21/2023
Total Federal Award Amount: S3,000,000.00
Federal Funds Obligated To Recipient: $52,001.00
Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT: 30%
Recipient Match%: 0%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? Yes
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State of Washington Department of Ecology
Page 12 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
2024 NOAA Congressionally Directed Spending Task Total
1.Project Administration/Management $ 31,369.00
2. Education and Outreach $ 13,168.00
3.Rain Garden Maintenance $. 7,464.00
(Total:$ 52,001.00
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State of Washington Department of Ecology Page 13 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: • Jefferson County
BUDGET
Funding Distribution EG240221
NOTE: The above funding distribution number is used to identifil 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 ident each budget.
Funding Title: 2025 NOAA Congressionally Directed SpendiFunding Type: Grant
Funding Effective Date: 01/01/2025 Funding Expiration Date: 12/31/2025
Funding Source:
Title: WA ECY Northwest Straits Marine Conservation Initiative FY23
Fund: FD
Type: Federal
Funding Source%: 100%
Description: This award number NA23NMF4690358 supports the work described in the Recipient's
proposal entitled"WA ECY Northwest Straits Marine Conservation Initiative FY23,"
dated 03/27/2023 and revised 09/06/2023,which are incorporated into the award by
reference.
Federal Awarding Agency: NOAA
Federal Awarding Agency Contact: Desmond Gelman
Federal Awarding Agency Phone: (503)530-0274
Federal Awarding Agency Email: desmond.gelman@noaa.gov
Federal Awarding Agency Address: NMFS West Coast Regional Office(WCRO) 1201 Northeast Lloyd
Boulevard,Suite 1100 Portland,OR 97232
CFDA Catalog Name: Congressionally Identified Awards and Projects
CFDA Number: • 11.469
FAIN: NA23NMF4690358
Research Grant: No
Federal Award Date: 9/21/2023
Total Federal Award Amount: $3,000,000.00
Federal Funds Obligated To Recipient: $55,999.00
Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT: 30%
Recipient Match%: 0%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? Yes
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State of Washington Department of Ecology Page 14 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
2025 NOAA Congressionally Directed Spending Task Total
1.Project Administration/Management $ 34 629.00
2.Education and Outreach $ 13,623.00
3.Rain Garden Maintenance $ 7,747.00
Total:$ 55,999.00
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State of Washington Department of Ecology Page 15 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
Funding Distribution Summary
Recipient/Ecology Share
Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total
2024 NOAA Congressionally 0.00 % $ 0.00 $ 52,001.00 $ 52,001.00
Directed Spending
2025 NOAA Congressionally 0.00 % $ 0.00 $ 55,999.00 $ 55,999.00
Directed Spending
Total $ 0.00 $ 108,000.00 $ 108,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
Administrative Standard Award Conditions for National Oceanic and Atmospheric Administration (NOAA)Financial Assistance
Awards
I. Scientific Integrity
A. General Guidelines
1. Maintaining Integrity.The non-Federal entity shall maintain the scientific integrity of research performed pursuant to this
grant or financial assistance award including the prevention,detection,and remediation of any allegations regarding the violation
of scientific integrity or scientific and research misconduct,and the conduct of inquiries,investigations,and adjudications of
allegations of violations of scientific integrity or scientific and research misconduct.All the requirements of this provision flow
down to subrecipients.
2. Peer Review.The peer review of the results of scientific activities under a NOAA grant,financial assistance award,or
cooperative agreement shall be accomplished to ensure consistency with NOAA standards on quality,relevance,scientific
integrity,reproducibility,transparency,and performance. NOAA will ensure that peer review of"influential scientific information"
or"highly influential scientific assessments" is conducted in accordance with the Office of Management and Budget(OMB)Final
Information Quality Bulletin for Peer Review and NOAA policies on peer review,such as the Information Quality Guidelines.
3. In performing or presenting the results of scientific activities under the NOAA grant,financial assistance award,or
cooperative agreement and in responding to allegations regarding the violation of scientific integrity or scientific and research .
misconduct,the non-Federal entity and all subrecipients shall comply with the provisions herein and NOAA Administrative
Order(NAO)202-735D,Scientific Integrity,and its Procedural Handbook,including any amendments thereto.That Order can
be found at http://nrc.noaa.gov/ScientificIntegrityCommons.aspx.
4. Primary Responsibility.The non-Federal entity shall have the primary responsibility to prevent,detect,and investigate
allegations of a violation of scientific integrity or scientific and research misconduct.Unless otherwise instructed by the grants
officer, the non-Federal entity shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its
internal policies and procedures,as appropriate,to do so.
By executing this grant,financial assistance award,or cooperative agreement the non-Federal entity provides its assurance that
it has established an administrative process for performing an inquiry,investigating,and reporting allegations of a violation of
scientific integrity or scientific and research misconduct; and that it will comply with its own administrative process for
performing an inquiry,investigation, and reporting of such misconduct.
5. The non-Federal entity shall insert this provision in all subawards at all tiers under this grant,financial assistance award,or
cooperative agreement.
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State of Washington Department of Ecology Page 16 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
B. Investigating Scientific Integrity or Scientific and Research Misconduct
1. Initiating Investigation.If the non-Federal entity or subrecipient determines that there is sufficient evidence to proceed to an
investigation, it shall notify the grants officer and,unless otherwise instructed,the non-Federal entity or subrecipient shall:
a. Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either
a finding regarding the violation of scientific integrity or scientific and research misconduct and an identification of appropriate
remedies or a determination that no further action is warranted.
b. If the investigation leads to a finding regarding the violation of scientific integrity or scientific and research misconduct, obtain
adjudication by a neutral third party adjudicator.The adjudication must include a review of the investigative record and,as
warranted,a determination of appropriate corrective actions and sanctions.
2. Finalizing Investigation.When the investigation is complete,the non-Federal entity shall forward to the grants officer a copy
of the evidentiary record,the investigative report,any recommendations made to the non-Federal entity adjudicating official,the
adjudicating official's decision and notification of any corrective action taken or planned,and the subject's written response(if
any).
C. Findings and Corrective Actions
If the non-Federal entity finds that scientific integrity has been violated or scientific and research misconduct has occurred,it
shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall:
a. Take all necessary corrective actions,which includes,but are not limited to,correcting the research record,and,as
appropriate,imposing restrictions, controls,or other parameters on research in process or to be conducted in the future,and
b. Coordinate remedial action with the grants officer.
II. Data Sharing Directive
The Data and Publication Sharing Directive for NOAA Grants,Cooperative Agreements,and Contracts ensures that
environmental data funded extramurally by NOAA are made publicly accessible in a timely fashion (typically within two years of
collection),and that final manuscripts of peer-reviewed research papers are deposited with the NOAA Central Library(upon
acceptance by the journal,or no later than at time of publication).Therefore,non-Federal entities,or recipients,must make data
produced under financial assistance publicly accessible in accordance with the Data Management Plan included with the
Proposal,unless the grant program grants a modification or an exemption.The text of the Directive is available at
https://nosc.noaa.gov/EDMC/PD.DSP.php.
1. Data Sharing: Environmental data collected or created under this Grant, Cooperative Agreement,or Contract must be made
publicly visible and accessible in a timely manner,free of charge or at minimal cost that is no more than the cost of distribution to
the user,except where limited by law;regulation,policy,or national security requirements. Data are to be made available in a
form that would permit further analysis or reuse:data must be encoded in a machine-readable format,preferably using existing
open format standards; data must be sufficiently documented,preferably using open metadata standards,to enable users to
independently read and understand the data.The location(interne address)of the data should be included in the final report.
Pursuant to NOAA Information Quality Guidelines,data should undergo quality control (QC)and a description of the QC
process and results should be referenced in the metadata.
2. Timeliness: Data accessibility must occur no later than publication of a peer-reviewed article based on the data,or two years
after the data are collected and verified,or two years after the original end date of the grant(not including any extensions or
follow-on funding),whichever is soonest,unless a delay has been authorized by the NOAA funding program.
3. Disclaimer:Data produced under this award and made available to the public must be accompanied by the following
statement: "These data and related items of information have not been formally disseminated by NOAA,and do not represent
any agency determination,view,or policy."
4. Failure to Share Data:Failing or delaying to make environmental data accessible in accordance with the submitted Data
Management Plan,unless authorized by the NOAA Program,may lead to enforcement actions,and will be considered by
NOAA when making future award decisions.Funding recipients are responsible for ensuring these conditions are also met by
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Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
sub-recipients and subcontractors.
5. Funding acknowledgement:Federal funding sources shall be identified in all scholarly publications. An Acknowledgements
section shall be included in the body of the publication stating the relevant Grant Programs and Award Numbers.In addition,
funding sources shall be reported during the publication submission process using the FundRef mechanism
(http://www.crossref org/fundreff)if supported by the Publisher.
6. Manuscript submission:The final pre-publication manuscripts of scholarly publications produced with NOAA funding shall
be submitted to the NOAA Institutional Repository at https://repository.library.noaa.gov after acceptance,and no later than
upon publication,of the paper by a journal.NOAA will produce a publicly-visible catalog entry directing users to the published
version of the article. After an embargo period of one year after publication,NOAA shall make the manuscript itself publicly
visible,free of charge,while continuing to direct users to the published version of record.
7. Data.Citation:Publications based on data,and new products derived from source data,must cite the data used according to
the conventions of the Publisher,using unambiguous labels such as Digital Object Identifiers(DOIs).All data and derived
products that are used to support the conclusions of a peer-reviewed publication must be made available in a form that permits
verification and reproducibility of the results.
III. Audit Findings Follow-up and Corrective Action
In accordance with 2 C.F.R. §200.511 and the Commerce Terms,an auditee is responsible for follow-up and corrective action
on all audit findings.For information on the summary of prior year audit findings and the corrective action plan,please also refer
to§200.511(b)(1)(2),and(3)(i)(ii)(iii),and refer to §200.516 Audit findings,paragraph(c).
Paragraph(c)Corrective action plan of 2 C.F.R.§200.511 Audit Findings Follow-up,further states that at the completion of
the audit,the auditee must prepare a corrective action plan to address each audit finding included in the current year auditor's
reports.As defined in 2 CFR Part 200,a corrective action means action taken by the auditee that: (a)Corrects identified
deficiencies;(b)Produces recommended improvements; or(c)Demonstrates that audit findings are either invalid or do not
warrant auditee action.The corrective action plan must provide the name(s)of the contact person(s)responsible for corrective
action,the corrective action planned,and the anticipated completion date.If the auditee does not agree with the audit findings or
believes corrective action is not required,then the corrective action plan must include an explanation and specific reasons.
NOAA as the cognizant,oversight,or Federal awarding agency of the auditee is responsible for follow-up on audit findings to
ensure that the auditee takes appropriate and timely corrective action.As part of audit follow-up,NOAA must: (i)issue a
management decision as prescribed in§200.521 Management decision;and(ii)monitor the recipient taking appropriate and
timely corrective action.For additional information on applicable Federal agency responsibilities of NOAA for follow-up with
corrective actions,see §200.513 Responsibilities.
IV. Audit-Resolution •
Recipients that expend$750,000 or more in Federal funds during the recipient's fiscal year in Federal awards must have a
single or program-specific audit conducted for that year in accordance with§200.501. As provided in§200.513,a Federal
awarding agency is responsible for issuing a management decision for findings that relate to Federal awards it makes to
recipients.
As further prescribed in DOC's Departmental Administrative Order(DAO)213-5 and 2 C.F.R.Part 200 Subpart F,
Department and operating unit personnel shall act promptly to resolve both the financial and nonfinancial issues identified in an
audit report.Comments,arguments,and evidence(if any)submitted by the auditee and the operating unit shall be considered in
resolving the findings.A DOC decision on the resolution of audit findings and recommendations will be made in accordance with
the procedures and within the specified time frames identified in DAO 213-5.
The audit action official shall issue the Management Decision and Audit Resolution Determination.The Management Decision
and Audit Resolution Determination will be maintained in the official grant file and a copy will be forwarded to the Program
Officer.
Recipients are afforded the opportunity to appeal the Audit Resolution Determination.The appeal process is the last opportunity
for auditees to provide evidence to support their disputes.NOAA will not accept any submission from a recipient regarding an
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appeal after the established deadline,unless requested by the Grants Officer,the Office of Inspector General,or the Office of
the General Counsel.
After the Department renders a decision on an appeal,there are no other administrative appeals available.
An audit of the award may result in the disallowance of costs incurred by the recipient and the establishment of a debt(account
receivable)due to DOC.
Recipients are responsible for the repayment of audit-related debts and for the collection of audit-related debts from their sub
recipients where an audit has determined funds are owed.This does not relieve the recipient of liability for the debt.
Department of Commerce Financial Assistance Standard Terms and Conditions
This sets out the standard terms and conditions(ST&Cs)applicable to this U.S.Department of Commerce(DOC or
Commerce)financial assistance award(hereinafter referred to as the DOC ST&Cs or Standard Terms).A non-Federal entity
receiving a DOC financial assistance award must comply and require each of its subrecipients,contractors,and subcontractors
employed in the completion of the project to comply with all applicable statutes,regulations,executive orders(E.O.$), Office of
Management and Budget(OMB)circulars,provisions of the OMB Uniform Administrative Requirements,Cost Principles,and
Audit Requirements for Federal Awards(codified at 2 C.F.R.Part 200)(OMB Uniform Guidance),provisions of these
Standard Terms,and any other terms and conditions incorporated into this DOC financial assistance award.In addition,unless
otherwise provided by the terms and conditions of this DOC financial assistance award, Subparts A through E of 2 C.F.R.Part
200 and the Standard Terms are applicable to for-profit entities,foreign public entities and to foreign organizations that carry out
a DOC financial assistance award.
This award is subject to the laws and regulations of the United States.Any inconsistency or conflict in terms and conditions
specified in the award will be resolved according to the following order of precedence: federal laws and regulations,applicable
notices published in the Federal Register,E.O.s,OMB circulars,DOC ST&Cs,agency standard award conditions(if any),and
specific award conditions. A specific award condition may amend or take precedence over a Standard Term on a case-by-case
basis,when indicated by the specific award condition.
Some of the Standard Terms herein contain,by reference or substance,a summary of the pertinent statutes,regulations
published in the Federal Register or Code of.Federal Regulations(C.F.R.),E.O.s, OMB circulars,or the certifications and
assurances provided by applicants through Standard Forms(e.g.,SF-424s)or through DOC forms(e.g.Form CD-511).To
the extent that it is a summary,such Standard Term provision is not in derogation of,or an amendment to,any such statute,
regulation,E.O.,OMB circular,certification,or assurance.
A.PROGRAMMATIC REQUIREMENTS
- .01 Other Federal Awards with Similar Programmatic Activities •
The recipient must immediately provide written notification to the Grants Officer if,subsequent to receipt of the award,other
financial assistance is received to support or fund any portion of the scope of work incorporated into the DOC award.DOC
will not pay for costs that are funded by other sources.
.02 Disclaimer Provisions
The United States expressly disclaims all responsibility or liability to the non-Federal entity or third persons(including but not
limited to contractors)for the actions of the non-Federal entity or third persons resulting in death,bodily injury,property
damages,or any other losses resulting in any way from the performance of this award or any subaward,contract,or subcontract
under this award.
The acceptance of this award or any subaward by the non-Federal entity does not in any way constitute an agency relationship
between the United States and the non-Federal entity or the non-Federal entity's contractors or subcontractors.
B. FINANCIAL REQUIREMENTS
.01 Financial Management
a. In accordance with 2 C.F.R. § 200.302(a)(Financial Management),each State must expend and account for the Federal
award in accordance with State laws and procedures for expending and accounting for the State's own funds.In addition,the
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State's and any other non-Federal entity's financial management systems,including records documenting compliance with
Federal statutes,regulations,and the terms and conditions of the Federal award, must be sufficient to permit the preparation of
reports required by general and program-specific terms and conditions;and the tracing of funds to a level of expenditures
adequate to establish that such funds have been used in accordance with Federal statutes,regulations,and the terms and
conditions applicable to the Federal award. See also 2 C.F.R. §200.450(Lobbying)for additional management requirements
to verify that Federal funds are not used for unallowable lobbying costs.
b. The financial management system of each non-Federal entity must provide all information required by 2 C.F.R. §
200.302(b). See also 2 C.F.R. §§200.334(Retention requirements for records);200.335(Requests for transfer of records);
200.336(Methods for collection,transmission and storage of information);200.337(Access to records);and 200.338
(Restrictions on public access to records).
.02 Indirect or Facilities and Administrative Costs
a. Indirect costs(or facilities and administration costs(F&A))for major institutions of higher education and major nonprofit
organizations can generally be defined as costs incurred for a common or joint purpose benefitting more than one cost objective,
and not readily assignable to the cost objectives specifically benefited, without effort disproportionate to the results achieved.
Indirect costs will not be allowable charges against an award unless permitted under the award and specifically included as a line
item in the award's approved budget.
b. Unrecovered indirect costs,including unrecovered indirect costs on cost sharing or matching,may be included as part of
cost sharing or matching as allowed under 2 C.F.R. §200.306(c)(Cost sharing or matching)or the terms and conditions of a
DOC award.
c. Cognizant Agency for Indirect(F&A)Costs.OMB established the cognizant agency concept,under which a single agency
represents all others in dealing with non-Federal entities in common areas.The cognizant agency for indirect costs reviews and
approves non-Federal entities'indirect cost rates.In accordance with Appendices III—VII to 2 C.F.R.Part 200 the cognizant
agency for indirect costs reviews and approves non-Federal entities'indirect cost rates.
d. If the recipient fails to submit required documentation to DOC within 90 calendar days of the award start date,the Grants
Officer may amend the award to preclude the recovery of any indirect costs under the award.If the DOC,oversight,or
cognizant Federal agency determines there is a finding of good and sufficient cause to excuse the recipient's delay in submitting
the documentation,an extension of the 90-day due date may be approved by the Grants Officer.
e. The maximum dollar amount of allocable indirect costs for which DOC will reimburse the recipient is the lesser of:
1. The line item amount for the Federal share of indirect costs contained in the approved award budget,including all budget
revisions approved in writing by the Grants Officer;or
2. The Federal share of the total indirect costs allocable to the award based on the indirect cost rate approved by the
cognizant agency for indirect costs and applicable to the period in which the cost was incurred,in accordance with 2 C.F.R 200
Appendix III,C.7,provided that the rate is approved on or before the award end date.
f. In accordance with 2 CFR§200.414(c)(3),DOC set forth policies,procedures,and general decision-making criteria for
deviations from negotiated indirect cost rates.These policies and procedures are applicable to all Federal financial assistance
programs awarded and administered by DOC bureaus as Federal awarding agencies and may be found at
http://www.os ec.doc.go v/oam/grants_management/policy/documents/FAM%202015-02.p df.
g. In accordance with 2 CFR§200.414(g),any non-Federal entity that has a negotiated indirect cost rate may apply to the
entity's cognizant agency for indirect costs for a one-time extension of a currently negotiated indirect cost rate for a period of up
to four years,reducing the frequency of rate calculations and negotiations between an institution and its cognizant agency.
h. In accordance with 2 CFR§200.414(f),any non-Federal entity that does not have a current negotiated(including
provisional)rate,except for those non-Federal entities described in paragraph D.1.b of Appendix VII to 2 CFR Part 200,may
elect to charge a de minimis rate of 10 percent of modified total direct costs.No documentation is required to justify the 10
percent de minimis indirect cost rate.
C. PROPERTY STANDARDS
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.01 Standards
Each non-Federal entity must comply with the Property Standards set forth in 2 C.F.R. §§200.310(Insurance coverage)
through 200.316(Property trust relationship).
.02 Intellectual Property Rights
a. General.The rights to any work or other intangible property produced or acquired under a Federal award are determined
by 2 C.F.R. §200.315(Intangible property).The non-Federal entity owns any work produced or purchased under a Federal
award subject to the DOC's royalty-free,nonexclusive,and irrevocable right to obtain,reproduce,publish,or otherwise use the
•
work or authorize others to receive,reproduce,publish,or otherwise use the work for Government purposes.
b. A non-Federal entity may copyright any work produced under a Federal award, subject to the DOC's royalty-free,
nonexclusive,and irrevocable right to obtain,reproduce,publish,or otherwise use the work,or authorize others to do so for
Government purposes. Works jointly authored by DOC and non-Federal entity employees may be copyrighted,but only the
part of such works authored by the non-Federal entity is protectable in the United States because,under 17 U.S.C. § 105,
copyright protection is not available within the United States for any work of the United States Government. On occasion and
as permitted under 17 U.S.C. § 105,DOC may require the non-Federal entity to transfer to DOC a copyright in a particular
work for Government purposes or when DOC is undertaking primary dissemination of the work.
c. Freedom of Information Act(FOIA).In response to a FOIA request for research data relating to published research
findings(as defined by 2 C.F.R. §200.315(e)(2))produced under a Federal award that were used by the Federal government
in developing an agency action that has the force and effect of law,the DOC will request,and the non-Federal entity must
provide,within a reasonable time,the research data so that they can be made available to the public through the procedures
established under the FOIA.
D. OTHER REQUIREMENTS PERTAINING TO DOC FINANCIAL ASSISTANCE AWARDS,INCLUDING
SUBAWARD AND PROCUREMENT ACTIONS
.01 Nonprocurement Debarment and Suspension
Non-Federal entities must comply with the provisions of 2 C.F.R.Part 1326(Nonprocurement Debarment and Suspension),
which generally prohibit entities that have been debarred,suspended,or voluntarily excluded from participating in Federal
nonprocurement transactions either through primary or lower tier covered transactions,and which set forth the responsibilities of
recipients of Federal financial assistance regarding transactions with other persons,including subrecipients and contractors.
.02 Requirements for Subawards
a. The recipient or pass-through entity must require all subrecipients,including lower tier subrecipients,to comply with the
terms and conditions of a DOC financial assistance award,including applicable provisions of the OMB Uniform Guidance(2
C.F.R.Part 200),and all associated Terms acid Conditions set forth herein.See 2 C.F.R.§ 200.101(b)(2)(Applicability to
different types of Federal awards),which describes the applicability of 2 C.F.R.Part 200 to various types of Federal awards
and§§200.331-333(Subrecipient monitoring and management).
b. The recipient or pass through entity may have more restrictive policies for the RTC waived prior approvals (no-cost
extensions,re-budgeting,etc.)for their subaward recipients. Such restrictive policies must be addressed in their subaward
agreements and in accordance with§200.331.
.03 Requirements for,Procurements
Other Non-Federal Entities.All other non-Federal entities,including subrecipients of a State,must follow the procurement
standards in 2 C.F.R. §§200.318(General procurement standards)through 200.327(Contract provisions)which include the
requirement that non-Federal entities maintain written standards of conduct covering conflicts of interest and governing the
performance of their employees engaged in the selection,award,and administration of contracts.No employee, officer,or agent
may participate in the selection,award,or administration of a contract supported by a Federal award if he or she has a real or
apparent conflict of interest.
.04 Whistleblower Protections
This award is subject to the whistleblower protections afforded by 41 U.S.C. §4712(Enhancement of contractor protection
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from reprisal for disclosure of certain information),which generally provide that an employee or contractor(including
subcontractors and personal services contractors)of a non-Federal entity may not be discharged,demoted,or otherwise
discriminated against as a reprisal for disclosing to a person or body information that the employee reasonably believes is
evidence of gross mismanagement of a Federal award,subaward,or a contract under a Federal award or subaward,a gross
waste of Federal funds,an abuse of authority relating to a Federal award or subaward or contract under a Federal award or
subaward,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a
Federal award,subaward,or contract under a Federal award or subaward.These persons or bodies include:
a. A Member of Congress or a representative of a committee of Congress.
b. An Inspector General.
c. The Government Accountability Office.
d. A Federal employee responsible for contract or grant oversight or management at the relevant agency.
e. An authorized official of the Department of Justice or other law enforcement agency.
f. A court or grand jury.
g. A management official or other employee of the contractor,subcontractor,or grantee who has the responsibility to
investigate,discover,or address misconduct.
Non-Federal entities and contractors under Federal awards and subawards must inform their employees in writing of the rights
and remedies provided under 41 U.S.C. §4712,in the predominant native language of the workforce.
E. NATIONAL POLICY REQUIREMENTS
.01 Environmental Requirements
Environmental impacts must be considered by Federal decision makers in their decisions whether or not to approve: (1)a
proposal for Federal assistance;(2)the proposal with mitigation;or(3)a different proposal having less adverse environmental
impacts.Federal environmental laws require that the funding agency initiate an early planning process that considers potential
impacts that projects funded with Federal assistance may have on the environment.Each non-Federal entity must comply with
all environmental standards,to include those prescribed under the following statutes and E.O.s and must identify to the awarding
agency any impact the award may have on the environment.In some cases, award funds can be withheld by the Grants Officer
under a specific award condition requiring the non-Federal entity to submit additional environmental compliance information
sufficient to enable the DOC to make an assessment on any impacts that a project may have on the environment.
a. The National Environmental Policy Act(42 U.S.C. §§4321 et seq.)
b. Executive Order 11988 (Floodplain Management)and Executive Order 11990(Protection of Wetlands)
c. Clean Air Act(42 U.S.C. §§ 7401 et seq.),Federal Water Pollution Control Act(33 U.S.C. §§ 1251 et seq.)(Clean
Water Act),and Executive Order 11738 ("Providing for administration of the Clean Air Act and the Federal Water Pollution
Control Act with respect to Federal contracts,grants or loans")
d. The Endangered Species Act(16 U.S.C.§§ 1531 et seq.)
e. The Coastal Zone Management Act(16 U.S.C.§§ 1451 et seq.)
f. The Safe Drinking Water Act'of 1974,as amended,(42 U.S.C. §§ 300f et seq.)
g. The.Resource Conservation and Recovery Act(42 U.S.C. §§6901 et seq.)
h. Executive Order 12898("Federal Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations")
i. The Magnuson-Stevens Fishery Conservation and Management Act(16 U.S.C. § 1801 et seq.)
j. Clean Water Act(CWA) Section 404(33 U.S.C. § 1344)
k. Rivers and Harbors Act(33 U.S.C. §407)
I. The Migratory Bird Treaty Act(16 U.S.C. §§ 703.-712),Bald and Golden Eagle Protection Act(16 U.S.C. § 668 et seq.),
and Executive Order 13186(Responsibilities of Federal Agencies to Protect Migratory Birds,January 10,2001)
m. Executive Order 13112(Invasive Species,February 3, 1999)
n. Fish and Wildlife Coordination Act(16 U.S.C. § 661 et seq.)
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.02 OTHER NATIONAL POLICY REQUIREMENTS
a. Criminal and Prohibited Activities
1. The Program Fraud Civil Remedies Act(31 U.S.C. §3801 et seq.),provides for the imposition of civil penalties against
persons who make false, fictitious,or fraudulent claims to the Federal Government for money(including money representing
grants,loans,or other benefits).
2. The False Claims Amendments Act of 1986 and the False Statements Accountability Act of 1996(18 U.S.C. §§287 and
1001,respectively),provide that whoever makes or presents any false,fictitious,or fraudulent statement,representation,or
claim against the United States must be subject to imprisonment of not more than five years and must be subject to a fine in the
amount provided by 18 U.S.C. §287.
3. The Civil False Claims Act(31 U.S.C. §§3729-3733),provides that suits can be brought by the government,or a person
on behalf of the government, for false claims made under Federal assistance programs.
4. The Copeland Anti-Kickback Act(18 U.S.C. § 874),prohibits a person or organization engaged in a Federally supported
project from enticing an employee working on the project from giving up a part of his compensation under an employment
contract.The Copeland Anti-Kickback Act also applies to contractors and subcontractors pursuant to 40 U.S.C.§3145.
5. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C. §4601 et seq.)and
implementing regulations issued at 15 C.F.R.Part 11,which provides for fair and equitable treatment of displaced persons or
persons whose property is acquired as a result of Federal or Federally-assisted programs.These requirements apply to all
interests in real property acquired for project purposes regardless of Federal participation in purchases.
6. The Hatch Act(5 U.S.C.§§ 1501-1508 and 7321-7326),which limits the political activities of employees or officers of
state or local governments whose principal employment activities are funded in whole or in part with Federal funds.
7. To ensure compliance with Federal law pertaining to financial assistance awards,an authorized representative of a
non-Federal entity may be required to periodically provide certain certifications to the DOC regarding Federal felony and
Federal criminal tax convictions,unpaid federal tax assessments,delinquent Federal tax returns and such other certifications that
may be required by Federal law.
b. Drug-Free Workplace
The non-Federal entity must comply with the provisions of the Drug-Free Workplace Act of 1988(41 U.S.C. § 8102)and
DOC implementing regulations published at 2 C.F.R.Part 1329(Requirements for Drug-Free Workplace(Financial
Assistance)),which require that the non-Federal entity take certain actions to provide a drug-free workplace. .
c. Federal Employee Expenses and Subawards or Contracts Issued to Federal Employees or Agencies
1. Use of award funds(Federal or non-Federal)or the non-Federal entity's provision of in-kind goods or services for the
purposes of transportation,travel,or any other expenses for any Federal employee may raise appropriation augmentation •
issues.In addition,DOC policy may prohibit the acceptance of gifts,including travel payments for federal employees,from
non-Federal entities regardless of the source.Therefore,before award funds may be used by Federal employees,non-Federal
entities must submit requests for approval of such action to the Federal Program Officer who must review and make a
recommendation to the Grants Officer.The Grants Officer will notify the non-Federal entity in writing(generally through the
recipient)of the final determination.
2. A non-Federal entity or its contractor may not issue a subaward,contract or subcontract of any part of a DOC award to
any agency or employee of DOC or to other Federal employee,department,agency,or instrumentality,without the advance
prior written approval of the DOC Grants Officer.
d. Management and Access to Data and Publications
1. In General.The recipient acknowledges and understands that information and data contained in applications for financial
assistance,as well as information and data contained in financial,performance and other reports submitted by recipients,may be
used by the DOC in conducting reviews and evaluations of its financial assistance programs.For this purpose,recipient
information and data may be accessed,reviewed and evaluated by DOC employees,other Federal employees,Federal agents
and contractors,and/or by non-Federal personnel, all of who enter into appropriate or are otherwise subject to confidentiality
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and nondisclosure agreements covering the use of such information.Recipients are expected to support program reviews and
evaluations by submitting required financial and performance information and data in an accurate and timely manner,and by
cooperating with DOC and external program evaluators.In accordance with 2 C.F.R. §200.303(e),recipients are reminded
that they must take reasonable measures to safeguard protected personally identifiable information and other confidential or
sensitive personal or business information created or obtained relating to a DOC financial assistance award.
2. Scientific Data.Non-Federal entities must comply with the data management and access to data requirements established
by the DOC funding agency as.set forth in the applicable Notice of Funding Opportunity and/or in Specific Award Conditions.
3. Publications, Videos,and Acknowledgment of Sponsorship.
i. Publication of results or findings in appropriate professional journals and production of video or other media is encouraged
as an important method of recording,reporting and otherwise disseminating information and expanding public access to
federally-funded projects(e.g.,scientific research).Non-Federal entities must comply with the data management and access to
data requirements established by the DOC funding agency as set forth in the applicable Notice of Funding Opportunity and/or in
Specific Award Conditions.
ii. Non-Federal entities may be required to submit a copy of any publication materials,including but not limited to print,
recorded,or Internet materials,to the funding agency.
iii. When releasing information related to a funded project,non-Federal entities must include a statement that the project or
effort undertaken was or is sponsored by DOC and must also include the applicable financial assistance award number.
iv. Non-Federal entities are responsible for assuring that every publication of material based on, developed under, or otherwise
produced pursuant to a DOC financial assistance award contains the following disclaimer or other disclaimer approved by the
Grants Officer:
This[report/video/etc.]was prepared by[recipient name]using Federal funds under award NA23NMF4690358 from National
Oceanic and Atmospheric Administration(NOAA),U.S.Department of Commerce.The statements,findings,conclusions,and
recommendations are those of the author(s)and do not necessarily reflect the views of the[name of operating unit]or the U.S.
Department of Commerce.
SPECIAL TERMS AND CONDITIONS
•
• GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award,the following terms and conditions apply to you.
A.CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION: ,
1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,proposed for
debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving
contracts paid for with federal funds.If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification,they must provide an explanation as to why they cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3. The terms covered transaction,debarred,suspended, ineligible, lower tier covered transaction,participant,person,
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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
<http://www.sam.gov>and print a copy of completed searches to document proof of compliance.
B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the
signed agreement to ECOLOGY. '
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
Receives more than$30,000 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 Unique Entity Identifier in
www.sam.gov<http://www.sam.gov/>within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov<http://www.usaspending.gov/>.
For more details on FFATA requirements,see www.fsrs.gov<http://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:
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1. Procure or obtain;
2. Extend or renew a contract to procure or obtain;or
3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment,services,or systems that use
covered telecommunications equipment,video surveillance services or services as a substantial or essential component
of any system,or as critical technology as part of any system.As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115pub1232/pdf/PLAW-115pub1232.pdf>, section 889,covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation(or any subsidiary or affiliate of such entities).
Recipients,subrecipients,and borrowers also may not use federal funds to purchase certain prohibited equipment,systems,or
services,including equipment,systems,or services produced or provided by entities identified in section 889,are recorded in
the System for.Award Management(SAM)<https://sam.gov/SAM/>exclusion list.
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State of Washington Department of Ecology
Agreement No: OTGP-2024-JeCoWS-00046 Page 26 of 34
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
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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
.07/01/2023 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/23 01002.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.
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State of Washington Department of Ecology Page 27 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
• 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 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 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.
f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9
form at website,https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has
been completed if,•at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement,as
appropriate,or upon completion of an audit as specified herein.
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State of Washington Department of Ecology
Agreement No: OTGP-2024-JeCoWS-00046 Page 28 of 34
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial,performance,and
other reports required by this Agreement.Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations,and permits related to
this Agreement,including but not limited to:
a) RECIPIENT agrees to comply with all applicable Iaws,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.
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State of Washington Department of Ecology Page 29 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
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 QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan.If a QAPP is required,the RECIPIENT shall:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance(QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004
(Ecology Publication No.04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system(EIM), unless the ECOLOGY Program instructs otherwise.The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM,find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS)data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at:
https://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.
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State of Washington Department of Ecology Page 30 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
, 16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in return for award
of a subcontract hereunder.
I7. 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.Depaittnent 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
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Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a
progress report: ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through
September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved
by ECOLOGY,all financial,performance,and other reports required by the Agreement and funding program guidelines.
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive,
and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others to
use the same for federal,state,or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;
present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data
in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants
and Loans,"shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,or upon specific
instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property
is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property.
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies,Torrens certificates,or abstracts,and
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.
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State of Washington Department of Ecology • Page 32 of 34
Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
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 Iocal representative for inspection at any time during the course of this Agreement and for
at least three(3)years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to.ECOLOGY,or any other authorized representative,at all reasonable times,in
order to monitor and evaluate performance,compliance, and any other conditions under this Agreement.
23. RECOVERY OF FUNDS
The right of the RECIPIENT to'retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the
• RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to
this end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICY ACT(SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental
Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION •
When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause,suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
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Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
27. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such 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://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainab le-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
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Agreement No: OTGP-2024-JeCoWS-00046
Project Title: Jefferson County MRC 2024-2025 Projects
Recipient Name: Jefferson County
event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part,at any time,by mutual written agreement.
d) In Event of Termination
All fmished 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.
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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
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