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HomeMy WebLinkAboutCA3 Consent Agenda ~SOt\ ,(': "~o,~ /:;':'6. ....., "",,;: ~.~~ "'l<Sii(~o'\o JEFFERSON COUNTY PUBLIC HEALTH 615 Sheridan Street. Port Townsend' Washington' 98368 www.jeffersoncountypublichealth.org January 26, 2010 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jean Baldwin, Director DATE: February 1, 2010 SUBJECT: Agenda Item - Agency Agreement - Department of Ecology - Coordinated Prevention Grant - Education #G1000404; January 1, 2010 - December 31, 2011; $49,992 JCPH Budget: Reflected in 2010 Budget, approved by BOCC in December 2009; ongoing services STATEMENT OF ISSUE: Jefferson County Public Health, Environmental Health, is requesting Board approval of the Agency Agreement - Department of Ecology - Coordinated Prevention Grant - Education #G1000404; January 1, 2010 - December 31, 2011; $49,992 ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: In this agreement with Washington State Department of Ecology, JCPH will promote and ensure compliance with the solid waste management regulations as identified in the Comprehensive Solid Waste Management Plan and the Hazardous Waste Management Plan. Waste Reduction and Recycling: Green Business Program Public Health currently has 15 businesses involved with the Green Business Program and has a goal of bringing at least 6 more businesses on board in the next 2 years. JCPH will work towards additional business participation in the Green Business Program, encouraging waste and pollution reduction and conservation of valuable resources. JCPH will recruit new businesses, review applications and renewals, and promote current Green Businesses. The renewal process will be utilized to track positive indicators for sustainable changes in businesses operations. As a part of waste reduction and recycling, JCPH will also provide education and outreach to residents of Jefferson County, regarding solid waste, to encourage waste reduction, re-use and recycling. COMMUNITY HEALTH DEVELOPMENTAL DISABILITIES MAIN: (360) 385-9400 FAX: (360) 385-9401 PUBLIC HEALTH ALWAYS WORKING FOR A SAFER AND HEALTHIER COMMUNITY ENVIRONMENTAL HEALTH WATER QUALITY MAIN: (360) 385-9444 FAX: (360) 379-4487 Consent Agenda Moderate Risk Waste (MRW): EnviroStars Program Currently there are 9 businesses participating in the EviroStars program. JCPH is committed to sign at least 5 more business to participate in the EnviroStars Program. JCPH will continue to promote EnviroStars businesses for their commitment in reducing their use of hazardous waste and ensure proper storage and disposal of all hazardous waste. JCPH will recruit new businesses, review applications and renewals, and conduct annual inspections. JCPH will also distribute and update MRW education materials to businesses and residents in Jefferson County. Current 2010 goals include inviting Marine Trades to become EnviroStars. FISCAL IMPACT/COST BENEFIT ANALYSIS: The grant provides for $49,992 in revenue in a 75/25 match, $12,498 match will come the County General Fund. RECOMMENDATION: JCPH management request approval of the Agency Agreement - Department of Ecology - Coordinated Prevention Grant - Education #Gl000404; January 1, 2010 - December 31, 2011; $49,992 REVIEWED BY: ~"J'] /". "/-/' .,.--- _' _ /'7 ('. / Z,~T)~C Philip Morle I .@LJnty Ad.rniniStrator / //:,. - -. /' ,. (\;,.--..... Date (Routed to all Public Health Managers) COORDINATED PREVENTION GRANT AGREEMENT BETWEEN THE STATE OF W ASIDNGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC HEALTH GRANT #GI000404 This is a binding agreement entered into by and between the state of Washington Department of Ecology, hereinafter referred to as ECOLOGY or DEPARTMENT, and the Jefferson County Public Health, hereinafter referred to as the RECIPIENT, to carry out the activities described herein. mRISDICTION: MAILING ADDRESS: CITY, STATE, ZIP: RECIPIENT GRANT COORDINATOR: TELEPHONE: FAX: E-MAIL: RECIPIENT BILLING/INVOICE COORDINATOR: TELEPHONE: FAX: E-MAIL: ECOLOGY GRANT OFFICER: TELEPHONE: FAX: E-MAIL: FUNDING SOURCE MAXIMUM ELIGIBLE COST STATE GRANT SHARE LOCAL SHARE STATE MAXIMUM GRANT PERCENT FEDERAL TAX IDENTIFICA nON NO. EFFECTIVE DATE OF THE AGREEMENT EXPIRA TION DATE OF THE AGREEMENT Jefferson County Public Health 615 Sheridan Street Port Townsend, W A 98368 Veronica K. Shaw (360) 385-9409 (360) 385-9401 veron ica@co.jefferson.wa.us Susan Parke (360) 385-9437 (360)385-9401 sparke@co.jefferson.wa.us Tami Ramsey 360-407-6612 360-407-6305 tami.ramsey@ecy.wa.gov State Building Construction Account $49,992 $37,494 $12,498 75% 91-6001322 January 1,2010 December 31, 2011 Grant No. G 1 000404 Jefferson County Health Department PART 1: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT'S activities to be performed under this agreement. Costs are limited to those approved by ECOLOGY as outlined in the current scope of work and budget. Deliverables must be completed by the expiration date of this agreement, including delivery of purchases, unless otherwise stated in this agreement or approved by ECOLOGY in writing. Note: The term "task" as used in this agreement is interchangeable with the term "project" as used on the online Solid Waste Information Clearinghouse. This agreement is a "Multi-Phased" agreement. Multi-phased means it will be written with a task's full scope of work and a partial budget. Phase One of this agreement includes work performed with the budget as outlined in Phase One of section Part 2: Fund Source and Budget. Phase Two includes the remainder of work to be performed and funds are contingent upon the budget appropriation by the State Legislature for the 2011-2013 biennium. After the 2011-2013 biennial allocation is secured, ECOLOGY will initiate a formal amendment to increase funding to support Phase Two. Phase Two work is not authorized for reimbursement until a formal amendment to increase the budget is executed. RECIPIENTS are not obligated to complete Phase Two work until a formal amendment to increase the budget is approved. Any work performed or costs incurred prior to the effective date of this agreement will be at the sole expense of the RECIPIENT. The "Maximum Eligible Cost" is the maximum amount of eligible costs incurred by a RECIPIENT that can be reimbursed at a rate of 75% under this grant. *The "Estimated (total) Task Cost" is for Ecology information only. It reflects the true cost of completing the full task, including expenses beyond the Maximum Eligible Cost. CATEGORY: MODERATE RISK WASTE (MRW) MAXIMUM ELIGIBLE CATEGORY COST: $42,492 1. TASK TITLE: MRW Education and Outreach Maximum Eligible Task Cost: $42,492 Summary Description: The RECIPIENT will continue the EnviroStars Program that educates business about hazardous waste, and recognizes and rewards responsible environmental practice to prevent pollution of waters, land and air. The RECIPIENT will educate business about household hazardous waste, encourage less toxic alternatives, and outreach about local opportunities to dispose of certain material including use of the local MRW facility through distribution of updated educational material and presentations to target audiences. Note: Public education and outreach about moderate risk waste is provided through a separate grant agreement. Goal Statement: The goal of this task is to increase use ofthe local MRW facility and to increase awareness of less toxic alternatives. Outcome Statement: Over the two year grant period, the RECIPIENT expects to recruit 5-7 new EnviroStars and conduct four presentations. Page 2 of 17 Grant No. G I 000404 Jefferson County Health Department Work Plan and Activities Timeline: (A quarter is defined by calendar year and begins with the first three months of the grant period.) Quarter Activity Phase One Q I Promote and maintain the EnviroStars program Attend EnviroStars Coop meetings Outreach about local opportunity for MR W disposal Update and distribute educational material Conduct presentations as scheduled Q3 Same as QI Q3 Same as Ql Q4 Same as QI Phase Two Q5 Same as QI Q6 Same as Ql Q7 Same as Ql Q8 Same as QI Method of Evaluation: The RECIPIENT will track the number of new businesses contacted, results of contacts, and report quarterly. The RECIPIENT will track the number of attendees at presentations. * Estimated (total) Task Cost: $85,000 CATEGORY: WASTE REDUCTION AND RECYCLING MAXIMUM ELIGIBLE CATEGORY COST: $7,500 2. TASK TITLE: Green Business and Public Outreach Maximum Eligible Task Cost: $7,500 Summary Description: The RECIPIENT will continue the Jefferson County Green Business Program by providing technical assistance and certifying businesses that meet a high standard of environmental performance. Businesses are encouraged to enter the program voluntarily and those that commit to conserve resources, reduce waste and recycle through the Green Business Program are rewarded through public recognition. The RECIPIENT will create an annual renewal process to maintain existing business participants while recruiting new businesses. Page 3 of 17 Grant No. G I 000404 Jefferson County IIealth Department The RECIPIENT wi\1 outreach to the public about local waste reduction, reuse and recycling opportunities through distribution of updated educational material and presentations to target audiences. Goal Statement: The goal of this task is to increase the business participation in recycling. Outcome Statement: Over the two year grant period, the RECIPIENT expects to increase the Green Business Program by five businesses from IS to 20. Work Plan and Activities Timeline: Quarter Activity Phase One Q I Promote and maintain the Green Business program Outreach about local opportunity for waste reduction and recycling Create annual review process Update and distribute educational material Conduct presentations as scheduled Q2 Same as QI Q3 Same as QI Q4 Same as QI Phase Two Q5 Same as QI Q6 Same as QI Q7 Same as Ql Q8 Same as QI Method of Evaluation: The RECIPIENT will track the number of new businesses contacted, results of contacts, and report quarterly. The RECIPIENT will track the number of attendees at presentations. * Estimated (total) Task Cost: $15,000.00 PART 2: FUND SOURCE AND BUDGET Approved costs must be consistent with the most recently approved Spending Plan. Costs cannot exceed the agreement Budget (Part 2: Section B) without a formal amendment. To change how funds are a\1ocated between the grant tasks, the RECIPIENT must submit a written request to ECOLOGY for a Letter Amendment. To change a scope of work or to increase/decrease a grant amount, the RECIPIENT must complete and submit a Formal Amendment Request form (ECY 070-113). Page 4 of 17 Grant No. G 1 000404 Jefferson County Health Department A. FUND SOURCE PHASE ONE - (057/J07/9NIOC) Maximum Eligible Cost: $7,500.00 State Building Construction Account (SBCA) 75% $5,625.00 Cash Match 25% $1,875.00 Interlocal Costs -0-% $-0- PHASE ONE - (057/J07/9NIBW) Maximum Eligible Cost: $42,492.00 State Building Construction Account (SBCA) 75% $31,869.00 Cash Match 25% $10,623.00 Interlocal Costs -0-% $-0- PHASE TWO Maximum Eligible Cost: $50,000.00 State Building Construction Account (SBCA) 75% $37,500.00 Cash Match 25% $12,500.00 Interlocal Costs -0-% $-0- B. BUDGET Page 5 of 17 Grant No. G 1 000404 Jefferson County Health Department PART 3: BUDGET CONDITIONS A. The RECIPIENT is required to provide a match of25% of the maximum eligible cost with cash or interlocal costs. Interlocal costs are the only type of in-kind contributions that may be used as match. B. Any work performed or costs incurred prior to the effective date or after the expiration date of this agreement will be at the sole expense ofthe RECIPIENT. C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent on tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are eligible (excluding time spent to write a grant application). D. To increase or decrease the budget as outlined in this grant agreement, or change the scope of work for any project outlined in this grant agreement, ECOLOGY requires a formal amendment. The RECIPIENT must complete and submit a formal amendment using the Formal Amendment Request form (ECY 070-113), E. Payments to the RECIPIENT from ECOLOGY shall be made payable to Jefferson County Public Health, 615 Sheridan Street, Port Townsend, W A 98368. F. If parties other than the RECIPIENT are contributing to the local share of task costs, memoranda of understanding or other written agreements confirming the contribution shall be negotiated. These agreements shall specifY the exact work to be accomplished and be signed by all parties contributing to the local match ofthis task. Copies of these agreements shall be made part of the RECIPIENT'S grant file and submitted to ECOLOGY. G. Spending Plans: Approved costs must be consistent with the most recently approved Spending Plan. The RECIPIENT must submit a revised Spending Plan to ECOLOGY in order to change the amount of funds spent by quarter. ECOLOGY'S grant officer will approve, by date stamp and signature, the revised Spending Plan. If quarterly spending exceeds the amount outlined on the approved spending plan, ECOLOGY reserves the right to hold payment of the overage depending on the availability of funds. Revised and approved Spending Plans are incorporated into this agreement by reference. PART 4: SPECIAL TERMS AND CONDITIONS A. BILLING AND REPORTING 1. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a payment request to ECOLOGY at least quarterly (by calendar year), but no more often than once per month. 2. The RECIPIENT shall submit a progress report with each payment request but no less often than quarterly. These reports shall include activities that support incurred costs shown on the C 1 or C2 of the payment request, and must be submitted on-line through the Solid Waste Information Clearinghouse. 3. The RECIPIENT must provide to ECOLOGY an up-to-date Spending Plan throughout the grant period. An updated Spending Plan must be submitted when changes occur that impact quarterly spending and / or quarterly reimbursement amounts. 4. The RECIPIENT must submit payment requests on approved State Invoice Voucher forms: A 19- IA (ECY 060-02), Form Bl (ECY 060-3) or Form B2 (ECY 060-7), Form CI (ECY 060-8) or Form C2 (ECY 060-9). These forms are acceptable in electronic format. The RECIPIENT must also include all backup documentation to support items listed on Form ClIC2. The budget is organized by task and therefore, the RECIPIENT shall itemize costs by task on Form C lIC2 and summarize costs by task on Form Bl/B2. Forms Bl and Cl are used only when interlocal costsare used towards the 25% match. Page 6 of 17 Grant No. G 1 000404 Jefferson County Health Department 5. For all Planning and Implementation tasks and special tasks in a solid waste enforcement grant (special tasks do not include regular solid waste enforcement work such as enforcing solid waste codes) the RECIPIENT must submit a Final Performance Analysis (FPA) report on-line through the Solid Waste Information Clearinghouse. The final report must be submitted before ECOLOGY can process a final payment request. The final payment request and the FP A are due no later than February 14,2012 for this grant or 45 days after the grant budget is spent, whichever comes first. 6. For Solid Waste Enforcement tasks, recipients must submit their final quarterly solid waste enforcement progress report on-line through the Solid Waste Information Clearinghouse no later than February 14,2012. Ecology will generate a summary Final Solid Waste Enforcement report from all the quarterly reports that will serve as the final report needed to close out the agreement. 7. Progress Report (jor both planning and implementation and solid waste enforcement tasks) and Final Performance Analysis (FPA) can be found on the Grant Details page ofthe Solid Waste Information Clearinghouse once the RECIPIENT has logged on as a Registered User. For instructions on how to become a Registered User, please visit the Coordinated Prevention Grant website at hup:/ /www.ecy. wa.goY /programs/swfa/grants/cpg.html. B. DOCUMENTATION I. The RECIPIENT shall submit supporting documents for all costs incurred. Documentation shall be provided in the order in which it is itemized on Form CI/C2. Supporting documentation is any document deemed relevant by ECOLOGY to establish the appropriateness of an expense listed on Form C I/C2. Please see Chapter 6 ofthe Program Guidelines for Coordinated Prevention Grants 20 I 0-20 II Grant Cycle, and the Administrative Requirements for Recipients of Ecology Grants and Loans - Yellow Book, Ecology Publication #91-18 (Revised September 2005) for guidance. 2. The RECIPIENT shall maintain grant related material and supporting documents in a common file. This includes cancelled checks, invoices, purchase receipts, payroll records, time and attendance records, contract award documents, and invoice vouchers sent to ECOLOGY. The Recipient shall keep all supporting documents for audit purposes for at least three years after agreement expiration. 3. The RECIPIENT shall use the ECOLOGY provided Form E, or an equivalent time accounting document approved by ECOLOGY, to record staff hours being charged to the grant. 4. ECOLOGY may request additional documentation if needed to determine if a cost will be allowed. 5. Supporting documents shall be clear and legible, and organized by task in the order it was itemized on Form CI/C2 by the RECIPIENT. C. OTHER SPECIAL TERMS 1. SOLID AND HAZARDOUS WASTE MANAGEMENT PLANS Tasks must support implementation of the RECIPIENT's local solid and hazardous waste management plans. For tasks related to updating a local solid and hazardous waste management plan, the RECIPIENT agrees to incorporate the intent of the Washington State Hazardous Waste Management Plan and Solid Waste Management Plan (Beyond Waste Plan) into the local preliminary draft plan prior to submittal to Ecology for review. The Beyond Waste plan is a 30- Page 7 of 17 Grant No. GlO00404 Jefferson County Health Department year plan with a clear vision to eliminate wastes and toxics whenever we can and use the remaining wastes as resources. The recipient agrees to include in their plan update, recommendations that address at least one of the following elements from the Beyond Waste Plan: moderate risk waste, organics management or green building. 2. SOLID WASTE ENFORCEMENT Solid Waste Enforcement money can only be spent on tasks that focus on enforcement of rules and regulations, and shall be used exclusively for expenses necessary to enforce applicable regulations pursuant to Chapters 70.95.220 RCW, WAC 173-350,351 and 304. For tasks related to inspection and permitting of solid waste facilities, those facilities must be in compliance at the time a payment request is submitted. Compliance is defined at a minimum as the RECIPIENT shall have issued a compliance schedule or have taken enforcement action to obtain compliance. The RECIPIENT must also submit copies of permits to Ecology within seven days of their issuance. Once a permit is issued, Ecology has 30 days to review each permit. Complete permit applications must be submitted to Ecology, allowing 45 days for Ecology to review and recommend for or against the issuance of a permit. The RECIPIENT must submit copies of reports for inspections conducted in the billing period with each payment request. 3. ON-LINE CONTRACTS AND GRANTS MANAGEMENT Washington State's Office of Financial Management is developing an on-line contracts and grants management system. When the system becomes available, all new or active contracts and grant agreements must be managed in this system. The RECIPIENT agrees to register in the state vendor registration program and to use the on-line system. 4. TRAINING The RECIPIENT agrees to participate in any ECOLOGY recommended trainings related to managing agreements and preparing, processing, and receiving payments. 5. MINORITY AND WOMEN'S BUSINESS PARTICIPATION The 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 after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. MlWBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. Page 8 of 17 Grant No. G I 000404 Jefferson County Health Department f) The RECIPIENT should report payments made to qualified firms to ECOLOGY at the time of submitting each invoice. Please include the following information on the ECOLOGY provided form (Form D). 1) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. 2) The total dollar amount paid to qualified firms under this invoice. 6. PROCUREMENT AND CONTRACTS a) The RECIPIENT shall provide written certification that it will follow its standard procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS with no formal procurement procedures must certify that they have complied with the "Standards for Competitive Solicitation," found in Part V of the Administrative Requirements for Recipients of Ecology Grants and Loans - Yellow Book, Ecology Publication #91-18 (Revised September 2005). b) Upon issuance, the RECIPIENT shall submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to this grant agreement to ECOLOGY'S grant officer. c) Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy of the draft proposed contract to the ECOLOGY'S grant officer for review and approval. Following the contract execution, the RECIPIENT shall submit a copy of the final contract to your ECOLOGY assigned grant officer. d) Unless a specific purchase of equipment or real property is already written into the grant agreement, the RECIPIENT must submit a written request to the DEPARTMENT to purchase any equipment or real property (Property) with a single unit purchase price of $5,000 or more. The request shall include the justification for the purchase of the property, the total cost, the intended use, and the anticipated useful life of the property. The request must be approved in writing by the DEP AR TMENT prior to the purchase. 7. USE OF EXISTING CONTRACTS The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if it used contracts entered into prior to the execution of the grant agreement for performance of grant-funded activities. The RECIPIENT shall submit a copy of the contract to its assigned ECOLOGY grant officer. The grant eligibility of products or services secured by the RECIPIENT under existing contracts used to perform the scope of work in this agreement must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement. 8. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION The RECIPIENT must develop an inventory control system, including physical inventory to document the ongoing use, a serial or vehicle identification number (V IN) and location of the equipment. The inventory shall be submitted to the DEPARTMENT annually while the equipment is in use. The RECIPIENT shall investigate, document, and report to the ECOLOGY any loss, theft or damage upon discovery of such conditions. The RECIPIENT will follow manufacturer recommended maintenance procedures to keep the property in good operating condition. The RECIPIENT shall submit a written request to the ECOLOGY for any intent to change the use of the equipment as outlined in this grant agreement, including uses past the expiration date of this agreement. Disposition of the equipment shall be determined by the ECOLOGY and Page 9 of 17 Grant No. G 1 000404 Jefferson County Health Department documented in writing. A copy of the determination will be provided to the RECIPIENT upon expiration of the grant agreement. · ECOLOGY may authorize the RECIPIENT to: o Ifthe equipment is necessary for the continued operation of the project or other projects administered through ECOLOGY, the grant officer may instruct the recipient to retain the equipment with no further compensation to Ecology. o If the project has no further significant use for the equipment, the grant officer may instruct the recipient to retain or sell the equipment and pay Ecology an amount equal to ECOLOGY's share of the current fair market value, sale proceeds or other price agreed upon by the grant officer. o The grant officer may instruct the recipient to transfer title to Ecology or to a third party named by Ecology who is eligible under existing statutes. 9. TASK INCOME Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity, as required by ECOLOGY'S Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication #91-18 (Revised September 2005). 10. ALL WRITINGS CONTAINED HEREIN This agreement, including the "General Terms and Conditions," the latest approved Spending Plan, Program Guidelines - Coordinated Prevention Grants 2010-2011, and ECOLOGY'S Administrative Requirements for Recipients of Ecology Grants, and Loans, Ecology Publication #91-18 (Revised September 2005), contain the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s) of this grant agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made part of this agreement. 11. ARCHEOLOGICAL AND CULTURAL RESOURCES The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to the archeological or cultural resources. RECIPIENT shall immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this agreement. In the event that historical or cultural artifacts are discovered at the project site, the RECIPIENT shall also notify the state historic preservation officer at the Department of Archaeology and Historic Preservation at (360) 586-3065. Applicability of the National Historic Preservation Act (NHP A) may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact historic properties (such as invasive sampling, dredging, or cleanup actions). 12. PRECEDENCE In the event of inconsistency in this agreement, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) Scope of Work and most current approved Spending Plan; (c) Special Terms and Conditions; (d) Coordinated Prevention Grant Program Guidelines (e) any terms incorporated herein by reference including the Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication #91-18 (Revised September 2005); and (f) the General Terms and Conditions (SS- 010 Rev. 04/04). Page IOof 17 Grant No. G 1000404 Jefferson County Health Department Part 5: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology, SS-010 Rev. 04/04 A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions ofthis agreement. C. THIRD PARTY BENEFICIARY The 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. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS I. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages and Job Safety. The 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. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.l, herein. Page 11 of 17 Grant No. G 1 000404 Jefferson County Health Department G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT 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 years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-I33 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-B3, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION I. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the Page 12 of 17 Grant No. G 1 000404 Jefferson County Health Department project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Recipients of Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6 herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation ofthe DEPARTMENT 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 the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any Page 13 of 17 Grant No. G 1 000404 Jefferson County Health Department breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEP AR TMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation ofthe DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.l above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section 0 herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent 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 ofthe DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT 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. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 V.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance ofthe project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. Ifsaid property Page 14 of 17 Grant No. G I 000404 Jefferson County Health Department is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply ifthe project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement offunds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b, The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT 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. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more information, see www.ecy.wa.gov/sustainability. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion ofthe DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval ofthe DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the Page 15 of 17 Grant No. G 1 000404 Jefferson County Health Depaltment work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director ofthe DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall 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. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. 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. V. 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) Scope of Work; (c) Special Terms and Conditions; (d) Any terms Page 16 of 17 Grant No. G 1 000404 Jefferson County Health Department incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (e) the General Terms and Conditions. IN WITNESS WHEREOF, the parties sign this Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY JEFFERSON COUNTY PUBLIC HEALTH Laurie G. Davies Program Manager Waste 2 Resources Program Date Authorized Official Date Print Name of Authorized Official APPROVED AS TO FORM ONLY Assistant Attorney General Title Appro~.red as to form jn}y: JJ~ I}ZO )0 Jefferson Co. Prosecutor Office Page 17 of 17 PROCUREMENT CERTIFICATION FORM Recipient: JEFFERSON COUNTY PUBLIC HEALTH Grant Name: COORDINATED PREVENTION GRANT Grant No.: G1000404 The undersigned, on behalf of the RECIPIENT, certifies that the RECIPIENT: (RECIPIENT check and complete one of the following) L will follow RECIPIENT's own adopted procurement procedures and applicable state law in procuring grant-related public works contracts, professional and personal services contracts, and purchase agreements. The procurement procedures were adopted JUN c I, I r:Vi 2- (date) by :JIsFfEf2$;t-I (!;oM?-DOr--' (t>v.tfT'/ UW'C'.5$iotJU,S (adopting authority) and are recorded in~,t2-s-hE.NT roR. U;ZTT/N<=- DF COUf.J,'t CONr12-AC-TS (document name). having no applicable, adopted procurement procedures, will follow the Standards for Competitive Solicitation found in the Administrative Requirements for Ecoloqy Grants and Loans, WDOE 91-18 (Revised October 2000) (AKA the "Yellow Book"), and applicable state laws in procuring grant-related public works contracts, professional and personal services contracts, and purchase agreements. 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