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HomeMy WebLinkAboutDepartment of Ecology Amendment No 1 SWMLSWFA-2021-JCPWSW-00065-050123 8(1 VI 6' \‘ �' DEPARTMENT OF ECOLOGY State of Washington AMENDMENT NO. 1 TO AGREEMENT NO. SWMLSWFA-2021-JCPWSW-00065 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC WORKS PURPOSE: To amend the above-referenced agreement(AGREEMENT)between the state of Washington Department of Ecology(ECOLOGY)and JEFFERSON COUNTY PUBLIC WORKS (RECIPIENT)for the IMP Jefferson County PW (PROJECT). This amendment will increase the agreement total eligible cost by$186,479.51 from$130,026.00 to$316,505.51 (and by $139,859.63 from$97,519.50 to$237,379.13 in state share). Funds to increase this AGREEMENT's budget come from re-obligation of funds from other RECIPIENT's during the Unspent process. The scope of work remains the same,expected outcomes increase as follows: • From 564 tons to 1,074 tons of material collected and recycled. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Total Cost: Original: 261,715.14 Amended: 316,505.51 Total Eligible Cost: Original: 130,026.00 Amended: 316,505.51 Project Short Description: Original: Jefferson County will spend$130,026 to operate their recycling facility to collect an estimated 564 tons of material for recycling and reuse. Amended: Jefferson County will spend$316,505.51 to operate their recycling facility to collect an estimated 1,074 tons of material for recycling and reuse. CHANGES TO THE BUDGET Funding Distribution EG220008 Funding Title: Jefferson Co PW Template Version 10/30/2015 State of Washington Department of Ecology Page 2 of 5 JEFFERSON COUNTY PUBLIC WORKS IMP Jefferson County PW Project Agreement No.SWMLSWFA-2021-JCPWSW-00065 Funding Type: Grant Funding Effective Date: 07/01/2021 Funding Expiration Date: 06/30/2023 Funding Source: Title: Model Toxics Control Operating Account(MTCOA) Fund: FD Type: State Funding Source%: 100% Description: Local Solid Waste Financial Assistance Approved Indirect Costs Rate: Approved State Indirect: 30% Recipient Match%: 25% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Jefferson Co PW Task Total CROP Recycling Operations $ 316,505.51 Total: $ 316,505.51 CHANGES TO SCOPE OF WORK Task Number: 1 Task Cost: $316,505.51 Task Title: CROP Recycling Operations Task Description: RECIPIENT will use grant funds to help pay for contracted recycling services at a County-owned recycling center that supports drop box and curbside recycling. The scope of this task includes recycling activity managed or performed by RECIPIENT at a recycling center such as a transfer station or drop box location, or at another location.Disposal of any materials collected or advertised as collected for recycling or reuse or marketed for recycling or reuse under this Task is prohibited. RECIPIENT must immediately notify ECOLOGY when they become aware that disposal of materials collected for recycling or reuse occurred. ECOLOGY may deny new costs or require RECIPIENT to repay costs already reimbursed or both. EXPECTED TASK COSTS Costs eligible for reimbursement with supporting documentation include: • Purchased services and or contractor costs to operate the recycling center. • Costs not listed here but pre-approved in writing by Ecology. Template Version 10/30/2015 State of Washington Department of Ecology Page 3 of 5 JEFFERSON COUNTY PUBLIC WORKS IMP Jefferson County PW Project Agreement No.SWMLSWFA-2021-JCPWSW-00065 Costs not eligible for reimbursement: • Overtime compensation(all hours are calculated at the regular rate of pay). • Costs covered by existing product stewardship organizations (E-Cycle Washington,LightRecycle Washington,PaintCare) and costs/products covered by new product stewardship organizations that are fully implemented during this agreement period are not eligible for reimbursement through LSWFA. • Advertising,education and outreach,and all related material costs to promote this task(these services will be provided by Jefferson County Public Health under SWMLSWFA-2021-JeCoPH-00090). • Costs not specifically identified in the task's scope of work or pre-approved in writing by Ecology. Reimbursement for costs incurred by contractors to implement work identified in this Task are subject to the same eligibility and reimbursement requirements as the RECIPIENT, and require ECOLOGY approval. Task Goal Statement: The goal of this task is to support the local recycling program. Task Expected Outcome: RECIPIENT expects to collect and recycle 1,074 tons of material. Recipient Task Coordinator: Albert Cairns Deliverables Number Description Due Date 1.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 10/30/2015 State of Washington Department of Ecology Page 4 of 5 JEFFERSON COUNTY PUBLIC WORKS IMP Jefferson County PW Project Agreement No.SWMLSWFA-2021-JCPWSW-00065 Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Jefferson Co PW 25 % $ 79,126.38 $ 237,379.13 $ 316,505.51 Total $ 79,126.38 $ 237,379.13 $ 316,505.51 Template Version 10/30/2015 State of Washington Department of Ecology Page 5 of 5 JEFFERSON COUNTY PUBLIC WORKS IMP Jefferson County PW Project Agreement No.SWMLSWFA-202 I-JCPWSW-00065 AUTHORIZING SIGNATURES All other terms and conditions of the original Agreement including any Amendments remain in full force and effect,except as expressly provided by this Amendment. The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. This amendment will be effective 07/01/2021. IN WITNESS WHEREOF:the parties hereto,having read this Amendment in its entirety,including all attachments,do agree in each and every particular and have thus set their hands hereunto. Washington State JEFFERSON COUNTY PUBLIC WORKS Department of Ecology Digitally signed by Laurie Davies By: Date:2023.05.04 By: pl 57143 Laurie Davies 17:15:37-07'00' Date Kate Dean Date Solid Waste Management Commissioner Program Manager H. Eisenhour Commissioner Date Greg Brothertot Si/43 Commissioner Date Template Approved to Form by Attorney Generals Office Approved as to Form: bluhe .).ill 4/18/2023 Civil Deputy Prosecutin Attorney Template Version 10/30/2015 DEPARTMENT OAF ^t�t � d e of Washington Agreement No. SWMLSWFA-2021-JCPWSW-00065 SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC WORKS This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,hereinafter referred to as"ECOLOGY,"and JEFFERSON COUNTY PUBLIC WORKS, hereinafter referred to as the "RECIPIENT,"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: IMP Jefferson County PW Total Cost: $261,715.14 Total Eligible Cost: $130,026.00 Ecology Share: $97,519.50 Recipient Share: $32,506.50 The Effective Date of this Agreement is: 07/01/2021 The Expiration Date of this Agreement is no later than: 06/30/2023 Project Type: Planning& Implementation Project Short Description: Jefferson County will spend $130,026 to operate their recycling facility to collect an estimated 564 tons of material for recycling and reuse. Project Long Description: See the Scope of Work section for more detailed information related to individual Tasks. Overall Goal: Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. Sfate of Washington Department of Ecology Page 3 of 21 Agreement No: SWMLSWFA-202 1-JCPWSW-00065 Project Title: IMP Jefferson County PW . Recipient Name: JEFFERSON COUNTY PUBLIC WORKS Albert Cairns Project Manager Solid Waste Manager 623 Sheridan St Port Townsend,Washington 98368 Email: acairns@co.jefferson.wa.us Phone: (360)386-9230 Billing Contact Cathy Taylor Financial Manager 623 Sheridan St. Port Townsend,Washington 98368 Email: ctaylor@co.jefferson.wa.us Phone: (360)385-9163 Kate Dean Authorized Commissioner Signatory 623 Sheridan St Port Townsend, Washington 98368 Email: kdean@co.jefferson.wa.us Phone: (360)386-9230 Template Version 12/10/2020 State of Washington Department of Ecology Page 5 of 21 Agreement No: SWMLSWFA-202 1-JCPWS W-00065 Project Title: IMP Jefferson County PW • Recipient Name: JEFFERSON COUNTY PUBLIC WORKS 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 PUBLIC WORKS Department of Ecology By: By: ( (o(Z/ Laurie Davies Date Kate Dean Date Solid Waste Management Commissioner Program Manager Template Approved to Form by Attorney General's Office Template Version 12/10/2020 State of Washington Department of Ecology Page 7 of 21 Agreement No: SW MLS WFA-2021-JCP W S W-00065 Project Title: IMP Jefferson County PW Recipient Name: JEFFERSON COUNTY PUBLIC WORKS SCOPE OF WORK Task Number: 1 Task Cost: $130,026.00 Task Title: CROP Recycling Operations Task Description: RECIPIENT will use grant funds to help pay for contracted recycling services at a County-owned recycling center that supports drop box and curbside recycling. The scope of this task includes recycling activity managed or performed by RECIPIENT at a recycling center such as a transfer station or drop box location,or at another location. Disposal of any materials collected or advertised as collected for recycling or reuse or marketed for recycling or reuse under this Task is prohibited. RECIPIENT must immediately notify ECOLOGY when they become aware that disposal of materials collected for recycling or reuse occurred. ECOLOGY may deny new costs or require RECIPIENT to repay costs already reimbursed or both. EXPECTED TASK COSTS Costs eligible for reimbursement with supporting documentation include: • Purchased services and or contractor costs to operate the recycling center. • Costs not listed here but pre-approved in writing by Ecology. Costs not eligible for reimbursement: • Overtime compensation(all hours are calculated at the regular rate of pay). • Costs covered by existing product stewardship organizations (E-Cycle Washington, LightRecycle Washington, PaintCare) and costs/products covered by new product stewardship organizations that are fully implemented during this agreement period are not eligible for reimbursement through LSWFA. • Advertising, education and outreach, and all related material costs to promote this task(these services will be provided by Jefferson County Public Health under SWMLSWFA-2021-JeCoPH-00090). • Costs not specifically identified in the task's scope of work or pre-approved in writing by Ecology. Reimbursement for costs incurred by contractors to implement work identified in this Task are subject to the same eligibility and reimbursement requirements as the RECIPIENT, and require ECOLOGY approval. Task Goal Statement: The goal of this task is to support the local recycling program. Task Expected Outcome: RECIPIENT expects to collect and recycle 564 tons of material through March 2022 with the available budget. Template Version 12/10/2020 State of Washington Department of Ecology Page 9 of 1,1 Agreement No: S WMLS WFA-202 1-JCPWSW-00065 Project Title: IMP Jefferson County PW Recipient Name: JEFFERSON COUNTY PUBLIC WORKS BUDGET Funding Distribution EG220008 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Jefferson Co PW Funding Type: Grant Funding Effective Date: 07/01/2021 Funding Expiration Date: 06/30/2023 Funding Source: Title: Model Toxics Control Operating Account (MTCOA) Fund: Type: State Funding Source %: 100% Description: Local Solid Waste Financial Assistance Approved Indirect Costs Rate: Approved State Indirect Rate: 30% Recipient Match%: 25% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Jefferson Co PW Task Total CROP Recycling Operations $ 130,026.00 Total: $ 130,026.00 Template Version 12/10/2020 SCate of Washington Department of Ecology Page 11 of 21 Agreement No: SWMLSWFA-2021-JCPWSW-00065 Project Title: IMP Jefferson County PW Recipient Name: JEFFERSON COUNTY PUBLIC WORKS contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction,debarred,suspended, ineligible, lower tier covered transaction,participant, person, primary covered transaction,principal,proposal,and voluntarily excluded, as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION,DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment.RECIPIENT/CONTRACTOR must run a search in <http://www.sam_gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. • Receives more than$25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than$25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs.gov<http://www.£s.gov/h 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 Template Version 12/10/2020 State of Washington Department of Ecology Page 13 of 21 Agreement No: SWMLS WFA-202 1-JCPWSW-00065 Project Title: IMP Jefferson County PW Recipient Name: JEFFERSON COUNTY PUBLIC WORKS GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 06/24/2021 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188, Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all products supplied under the Agreement,providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems,video and audio content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites,historic buildings/structures, traditional cultural places, sacred sites,or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed,or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. * For state funded construction, demolition,or land acquisitions,comply with Governor Executive Order 21-02,Archaeological and Cultural Resources. Template Version 12/10/2020 State of Washington Department of Ecology Page 15 of 21 Agreement No: SWMLSWFA-202 1-JCPWSW-00065 Project Title: IMP Jefferson County PW Recipient Name: JEFFERSON COUNTY PUBLIC WORKS j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial, performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders,regulations,and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws,regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer,member, agent, or employee,who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect,nor affect the interest of any corporation,partnership,or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction,purchase of goods,equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten(10) business days,unless more time is needed, after concluding the review. Template Version 12/10/2020 State of Washington Department of Ecology Page 17 of 241 Agreement No: SWMLSWFA-202 1-JCPWSW-00065 • Project Title: IMP Jefferson County PW Recipient Name: JEFFERSON COUNTY PUBLIC WORKS 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit,to the extent possible, certified minority-owned(MBE)and women-owned (WBE)businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to take the following actions,when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements,when economically feasible, into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules,where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference,including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f)Ecology Funding Program Guidelines; and(g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10)business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two(2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures,manuals,pamphlets,videos, audio tapes, CDs,curriculum,posters,media announcements,or gadgets with a message,such as a refrigerator magnet,and any online communications, such as web pages,blogs,and twitter campaigns. If it is not practical to provide a copy,then the RECIPIENT shall provide a description (photographs,drawings,printouts, etc.)that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING Template Version 12/10/2020 State of Washington Department of Ecology Page 19 of 21 Agreement No: SWMLSWFA-202 1-JCPWSW-00065 Project Title: IMP Jefferson County PW Recipient Name: JEFFERSON COUNTY PUBLIC WORKS 22. RECORDS,AUDITS,AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY,may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 State of Washington Department of Ecology Page 21 of 2 Agreement No: SWMLSWFA-202 1-JCP WSW-00065 Project Title: IMP Jefferson County PW • Recipient Name: JEFFERSON COUNTY PUBLIC WORKS event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT'S governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies,surveys, drawings, maps,models,photographs,reports or other materials prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 Department of Public Works O Consent Agenda Page 1 of Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Monte Reinders, Public Works Director/County Engineer Agenda Date: May 1, 2023 Subject: Amendment No.1 to Agreement SWMLSWFA-2021-JCPWSW-00065 Statement of Issue: Unspent funds from the Department of Ecology's Local Solid Waste Financial Assistance (LSWFA) grant program in the amount of $139,859.63 have been awarded to the Department of Public Works. Public Works uses this grant program to partially offset costs for the County's recycling program. Analysis/Strategic Goals/Pro's Et Con's: The additional funding is to be applied to a current agreement between Jefferson County and the Department of Ecology by way of an amendment to the original agreement. Fiscal Impact/Cost Benefit Analysis: The grant requires a 25% match. Program costs eligible for reimbursement, including the match requirement, have already been expended and the additional $139,859.63 will be requested in one grant claim to be submitted after execution of the amendment. Recommendation: Staff recommends that the Board of County Commissioners execute Amendment No.1 to Agreement SWMLSWFA-2021-JCPWSW-00065 as attached. Department Contact: Al Cairns X213 Reviewed By: 4Ø3 Mark McCaul y County Administrator Date • CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Department of Ecology SWMLSWFA-20d (Name of Contractor/Consultant) Contract No./7[{) 'a .5COUNTY DEPARTMENT: Public Works Q r/� Contact Person: Al Cairns 7 Contact Phone: X213 Contact email: Return to: Chris Spall, ext. 208 AMOUNT: $139,859.63 PROCESS: Exempt from Bid Process Revenue: Grant Cooperative Purchase Expenditure: Grant Competitive Sealed Bid Matching Funds Required: $46,619.88 C Small Works Roster Sources(s)of Matching Funds 401-000-010 ` Vendor List Bid RFP or RFQ X Other:Grant Amendment APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: i NIA:n Al Cairns Date I 2023 04 1314 04138-07ro0 4/13/2023 Signature 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: E. N/A: n Al Cairns Oglially signori by Al Cairns oste:2023 a 1314:OS uy-0700 4/13/2023 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): IElectronically approved by Risk Management on 4/18/2023. State agreement - cannot change. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 4/18/2023. Approved as to Form 4/18/2023 Barbara Dykes Ehrlichman 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 I