Loading...
HomeMy WebLinkAboutCONSENT PH Amend 1 On Site Sewage 615 Sheridan Street Port Townsend, WA 98368 dell Orsonwww.JeffersonCountyPublicHealth.org Public He5a1 Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, County Administrator FROM: Pinky Feria Mingo, Environmental Health and Water Quality Director Emma Erickson, Environmental Health Specialist DATE: SUBJECT: Agenda item — Amendment 1 to On-Site Sewage Action Plan with Puget Sound Partnership; date of execution until June 30, 2027; $90,645 STATEMENT OF ISSUE: Jefferson County Public Health, Environmental Health Division (JCPH), requests Board approval of the Amendment (aka Administrative Memo #1) to the On-Site Sewage (OSS) Action Plan with Puget Sound Partnership (PSP); date of execution until June 30, 2027; $90,645. ANALYSIS/STRATEGIC GOALS/PROS and CONS: The purpose of this agreement is to complete goals identified in JCPH's OSS Action Plan with PSP: enhance Jefferson County's permitting and records database to increase clarity in septic inspection data; develop OSS education and outreach tools for septic system homeowners and property developers; and, digitize septic permit records by scanning al4 paper septic records, ensuring records are complete, legible and available online. Contractor desires to amend the agreement to clarify that, under the terms of the agreement, "all"septic records will not be digitized, nor was it ever intended that they would be. FISCAL IMPACT/COST BENEFIT ANALYSIS: Compensation for the work provided in accordance with this agreement has been established not to exceed $90,645. This Contract includes federal funding. The amendment does not affect fiscal impact. RECOMMENDATION: JCPH management requests approval of the First Amendment to the OSS Action Plan with PSP; date of execution until June 30, 2027; $90,645. REVIEWED BY: .Y/_30/2,.5" Mark McCauley, C�e�in ty Administrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community EH-25-007-A 1 CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Puget Sound Partnership Contract No: EH-25-007-A1 Contract For: On-Site Sewage Action Plan,Amendment 1 Term: Upon execution - 6/30/2027 COUNTY DEPARTMENT: Environmental Health Contact Person: Emma Erickson Contact Phone: #407 Contact email: eerickson@co.jefferson.wa.us AMOUNT: $90,645 PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: $90,645 Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds _ Vendor List Bid Fund # 127 RFP or RFQ Munis Org/Obj 12756210 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WIT JC"i 080 AND CHAPTER 42.23 RCW. CERTIFIED: ■ N/A: Feb. 27, 2025 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. :e. CERTIFIED: F. N/A: K, / Feb. 27, 2025 Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 2/27/2025. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 2/28/2025. Amendment to paragraph 3 of the purpose statement. 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 1 Administrative Memo #1 / PUGETSOUND PARTNERSHIP Agreement Number: 2025-19 Title: Jefferson County On-Site Septic(OSS) Program Improvements CONTRACTOR INFORMATION Project Manager Jefferson County Public Health Emma Erickson 615 Sheridan Street EEricksonAco.iefferson.wa.us Port Townsend,WA 98360 (360) 385-9407 Fiscal: Veronica Shaw veronicaAco.iefferson.wa.us (360)385-9405 PSP INFORMATION Project Manager PUGET SOUND PARTNERSHIP Monea Kerr PO Box 40900 Monea.kerr(a�psp.wa.gov Olympia, WA 98504 (360) 742-7147 PURPOSE This administrative memo#1 strikes the word "all of" from point 3 in the purpose statement, as indicated below. The project team did not intend to have this grant cover the digitization of ALL the records. For clarity, the funding dedicated to this task will be less than 10%of the total septic records. The purpose of this agreement is to complete the following actions related to On-Site Sewage Systems(OSS) in Jefferson County. 1. Enhance Jefferson County's permitting and records database Tyler Enterprise Permitting and Licensing (EPL) by further developing the Application Programming Interface (API) that imports professional septic inspection reports from OnlineRME (Responsible Management Entity) to EPL. API enhancements will create clarity and consistency in septic inspection data imported into EPL. In addition, Jefferson County will purchase the Tyler module Decision Engine which will integrate into EPL and create an online tool for authorized homeowners to submit their septic inspection reports directly into EPL. 2. Develop education and outreach tools for septic system homeowners and property developers regarding best practices for owning and maintaining a septic system and nitrogen impacts to groundwater and marine ecosystems. In addition, create demonstration models for use at septic operation and monitoring outreach events. 3. Digitize septic permit records and files by scanning all--ef Jefferson County's paper septic records, which will ensure the digital septic records are complete, legible, and available to the public online. All other Terms & Conditions of the original agreement remain in full force and effect. Jefferson County Puget Sound Partnership Board of County Commissioners Monea Kerr 2/10/2025 Name: Monea Kerr Date Heidi Eisenhour, Chair Date Title: Project Manager Approved as F Only: /224 for 02/28/2025 Philip C. Hunsucker, Date EH-25-007-A1 Chief Civil Deputy Prosecuting Attorney PARTNERSHIP Interagency Agreement Agreement Number: 2025-19 Title: Jefferson County On-Site Septic OSS Pro•ram Im•rovements This agreement is made and entered into pursuant to the Interlocal Cooperation Act, RCW 39.34, by and between the state of Washington, Puget Sound Partnership (PSP), and the below named agency, hereinafter referred to as "CONTRACTOR." CONTRACTOR INFORMATION Project Manager Jefferson County Public Health Emma Erickson UBI: 161001169 615 Sheridan Street EEricksonAco.iefferson.wa.us EIN: 916001322 Port Townsend,WA 98360 (360) 385-9407 UEI: FNXKANAVBP15 Type: Municipality Fiscal: Veronica Shaw v ronica ct=°z�,co.jeffers0n.wa.us (360) 385-9405 PSP INFORMATION Project Manager PUGET SOUND PARTNERSHIP Monea Kerr PO Box 40900 Monea.kerrApsp.wa.aiov Olympia,WA 98504 (360) 742-7147 PURPOSE The purpose of this agreement is to complete the following actions related to On-Site Sewage Systems (OSS) in Jefferson County. 1. Enhance Jefferson County's permitting and records database Tyler Enterprise Permitting and Licensing (EPL) by further developing the Application Programming Interface (API)that imports professional septic inspection reports from OnlineRME (Responsible Management Entity)to EPL. API enhancements will create clarity and consistency in septic inspection data imported into EPL. In addition, Jefferson County will purchase the Tyler module Decision Engine which will integrate into EPL and create an online tool for authorized homeowners to submit their septic inspection reports directly into EPL. 2. Develop education and outreach tools for septic system homeowners and property developers regarding best practices for owning and maintaining a septic system and nitrogen impacts to groundwater and marine ecosystems. In addition, create demonstration models for use at septic operation and monitoring outreach events. 3. Digitize septic permit records and files by scanning all of Jefferson County's paper septic records, and available to the public online. which will ensure the digital septic records are complete, legible, By implementing these actions, Jefferson County will be creating accessibility, clarity and consistency in the County's septic operations and monitoring program. STATEMENT OF WORK The CONTRACTOR shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Exhibit B attached and incorporated herein. In the event that the CONTRACTOR is a Sub-Recipient (grantee), Exhibit B shall describe the activities of the Sub-Recipient that are eligible for reimbursement under the award or sub-award. PERIOD OF PERFORMANCE February 2025 The period of performance under this agreement will be from the date of execution ( 3, ) through June 30, 2027. No work shall commence under this agreement until it has been fully executed by both parties. COMPENSATION AND PAYMENT Compensation for the work provided in accordance with this agreement has been established under the terms of RCW 39.34.130. The parties have estimated that the cost of accomplishing the work herein will not exceed Ninety thousand six hundred forty five dollars($90,645). Payment for satisfactory performance of the work shall AGREEMENT NO. 2025-19 Page 1 of 26 not exceed this amount unless the parties mutually agree to a higher amount prior to the commencement of any work which will cause the maximum payment to be exceeded. CONTRACTOR'S compensation for services rendered shall be in accordance with the Budget& Billing Procedures attached as Exhibit C. In the event that the CONTRACTOR is a Sub-Recipient, the total amount of the award or sub-award for reimbursable activities shall not exceed the above amount, also in accordance with the Budget & Billing Procedures attached as Exhibit C. FEDERAL FUNDING INFORMATION This Contract includes federal funding ® Yes ❑No Use this language if its State matched funds but has federal requirements within SOW: The Statement of Work in Exhibit B is included in a Federal work plan and therefore, this contract is subject to Federal Requirements in Exhibit A? ®Yes ❑No CONTRACTOR is a Sub-Recipient for purposes of this agreement ® Yes ❑ No Federal Grant Federal Grant Federal Agency CFDA# CFDA Title Award Number Award Name Name 66.456 National Estuary CE-01J97401-0 Puget Sound Environmental Program Base and Partnership National Protection Agency IS/SCI Estuary Program TERMS AND CONDITIONS All rights and obligations of the parties to this contract shall be subject to and governed by the Terms and Conditions contained in the following exhibits, herein incorporated by reference. The contents of this Agreement include: 1. This contract cover sheet 2. Exhibit A—General Terms and Conditions 3. Exhibit B—Statement of Work 4. Exhibit C— Budget& Billing Procedures 5. Exhibit D - Lobbying Certification 6. Exhibit E—Sub-Recipient Federal Requirements (only if this is a Sub-Recipient contract) • Attachment 1- Federal Assurances Form 424E (Rev 4-2012) • Attachment 2- Federal Funding Accountability and Transparency Act Data Collection (FFATA form ORDER OF PRECEDENCE In the event of an inconsistency in this agreement, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State of Washington Statutes and regulations 2. This Agreement/Contract, including Exhibit A, General Terms and Conditions 3. Exhibit B, Statement of Work and Exhibit C, Budget& Billing Procedures 4. Any other Exhibit or provision, term or material incorporated herein by reference or otherwise incorporated ENTIRE AGREEMENT This agreement, including referenced exhibits and any other provision, term or material expressly incorporated by reference, represents all the terms and conditions agreed upon by the parties. No other statements or representations, written or oral, shall be deemed a part hereof. APPROVAL This agreement shall be subject to the written approval of the AGENCY'S authorized representative and shall not be binding until so approved. The agreement may be altered, amended, or waived only by a written amendment executed by both parties. AGREEMENT NO. 2025-19 Page 2 of 26 This agreement is executed by the persons signing below, who warrant they have the authority to execute the agreement. Jefferson County Puget Sound Partnership Board of County Commissioners 02/03/2025 A AAA Heidi Eisenhour Date Brent Barnes Date Chair Chief Operating Officer Approved as to Form Only: 6,fp.. for 01/23/2025 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney APPROVED AS TO FORM: /s Jonathan Thompson Assistant Attorney General December 5, 2013 Date AGREEMENT NO. 2025-19 Page 3 of 26 EXHIBIT A - GENERAL TERMS AND CONDITIONS Title: Jefferson County On-Site Septic(OSS) Program Improvements 1. DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below: A. "AGENCY" means the Puget Sound Partnership(PSP)of the State of Washington, any division, section, office, unit or other entity of the AGENCY, or any of the officers or other officials lawfully representing that AGENCY. B. "AGENT" means the Director, and/or the delegate authorized in writing to act on the Director's behalf. C. "CONTRACTOR" means that firm, provider, organization, individual or other entity performing service(s) under this contract, and shall include all employees of the CONTRACTOR. D. "DEBARMENT" means an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds. E. "EPA" means U.S. Environmental Protection Agency. F. "SUBCONTRACTOR" means one not in the employment of the CONTRACTOR, who is performing all or part of those services under this contract under a separate contract with the CONTRACTOR. The terms"SUBCONTRACTOR"and"SUBCONTRACTORS" means SUBCONTRACTOR(s) in any tier. G. "SUB-RECIPIENT" means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Guidance on distinguishing between a subrecipient and a contractor is provided in 2 CFR§200.330. Subrecipient and contractor determinations. 2. AMERICANS WITH DISABILITIES ACT (ADA) If the contract includes federal funding, the CONTRACTOR must comply with Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities by entities receiving Federal financial assistance. The CONTRACTOR may also be required to comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this contract shall be made by the AGENCY. 4. AMENDMENT This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5. ASSIGNMENT The work to be provided under this Agreement, and any claim arising under this Agreement, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 6. ASSURANCES The parties agree that all activity pursuant to this Agreement shall be in accordance with all applicable federal, state and local laws, rules, and regulations as they currently exist or as amended. AGREEMENT NO. 2025-19 Page 4 of 26 Exhibit A General Terms and Conditions Title: Jefferson County On-Site Septic(OSS) Program Improvements 7. CONFIDENTIALITY Confidential information: The CONTRACTOR shall not use or disclose any information that is identified as such, for any purpose not directly connected with the administration of this contract, except with prior written consent of the AGENCY, or as may be required by law. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. However, the parties acknowledge that state and local agencies are subject to chapter 42.56 ROW, the Public Records Act. Personal Information (one form of confidential information): Personal information including, but not limited to, "Protected Health Information," collected, used, or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth herein. CONTRACTOR and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as otherwise required by law. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR agrees to indemnify and hold harmless the AGENCY for any damages related to the CONTRACTOR'S unauthorized use of personal information. 8. CREDIT AND ACKNOWLEDGEMENT Reports, documents, signage, videos, or other media, developed as part of projects funded by EPA funded Agreements shall display both the EPA and Puget Sound Partnership logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency under Assistance Agreement[CE-01J97401-0 to Jefferson County Public Health].The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." 9. DEBARMENT AND SUSPENSION CONTRACTOR, by signature to this Contract, certifies that CONTRACTOR is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). CONTRACTOR shall comply with applicable federal agency debarment and suspension rules adopted pursuant to Office of Management and Budget guidance at 2 CFR Part 180, such as 2 CFR Part 1532 for the Environmental Protection Agency, which implement Executive Order 12549. CONTRACTOR acknowledges that failing to disclose the information required at 2 CFR 180.335 may result in the delay or negation of this contract, or pursuance of legal remedies, including suspension and debarment. CONTRACTOR shall not award subcontracts or subawards to persons (individuals or organizations) listed on the Excluded Parties List located at www.sam.gov/. CONTRACTOR agrees to include the above requirements in all subcontracts into which it enters. The CONTRACTOR shall immediately notify AGENCY if, during the term of this Contract, CONTRACTOR becomes Debarred. AGENCY may immediately terminate this Contract by providing CONTRACTOR written notice if CONTRACTOR becomes Debarred during the term hereof. 10. DISALLOWED COSTS CONTRACTOR is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 11. DISPUTES In the event that CONTRACTOR is a state agency and a dispute arises under this Agreement, either of the parties may request intervention by the Governor, as provided by chapter 43.17.330 ROW, in which event the Governor's process will control. In the event that a dispute arises under this Agreement, and the CONTRACTOR is not a state agency, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional AGREEMENT NO. 2025-19 Page 5 of 26 Exhibit A General Terms and Conditions Title: Jefferson County On-Site Septic(OSS) Program Improvements member to the Dispute Board. The Dispute Board shall evaluate the facts,Agreement terms, applicable statutes and rules, and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on both parties. The cost of resolution will be borne as allocated by the Dispute Board or the Governor. 12. DUPLICATION OF BILLED COSTS The CONTRACTOR shall not bill the Agency for services performed under this contract, and the Agency shall not pay the CONTRACTOR if the CONTRACTOR is entitled to payment or has been or will be paid by any other source, including grants, for that service. 13. GEOSPATIAL DATA STANDARDS All geospatial data created must be consistent with Federal Geographic Data Committee(FGDC) endorsed standards. Information on these standards may be found at https://www.fgdc.00vt 14. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought under this Agreement shall be in Superior Court for Thurston County. 15. HOTEL MOTEL FIRE SAFETY ACT The Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391, as amended by PL 105-85 in 1997), establishes a number of fire safety standards which must be met for hotels and motels. Pursuant to the Act, if applicable, and 15 USC 2225a if any portion of this contract will be paid with federal funds, CONTRACTOR agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act(PL 105-85, as amended). CONTRACTOR may search the Hotel- Motel National Master List at: https:llapps.usfa.fema.gov?hotel to see if a property is in compliance (FEMA ID is currently not required), or to find other information about the Act. If necessary, the head of the Federal agency may waive this prohibition in the public interest. 16. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 17. INTELLECTUAL PROPERTY RIGHTS Unless otherwise provided, all materials produced under this contract shall be considered"works for hire" as defined by the U.S. Copyright Act 17 U.S.C. § 101, et seq., and shall be owned by the AGENCY. Where federal funding is involved, the awarding federal agency may have a proprietary interest in patent rights to any inventions that are developed by the CONTRACTOR as provided in 35 U.S.C. §§200-212 and 37 CFR part 401 and retains a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. CONTRACTOR acknowledges that in accordance with 40 CFR 30.36 and 31.34, EPA has the rights to reproduce, publish, use, and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes. Examples of a Federal purpose include but are not limited to: (1) Use by EPA and other Federal employees for official Government purposes; (2) Use by Federal contractors performing specific tasks for the Government; (3) Publication in EPA documents provided the document does not disclose trade secrets (e.g. software codes) and the work is properly attributed to the recipient through citation or otherwise; (4) Reproduction of documents for inclusion in Federal depositories; (5) Use by State, tribal and local governments that carry out delegated Federal environmental programs as"co-regulators" or act AGREEMENT NO. 2025-19 Page 6 of 26 Exhibit A General Terms and Conditions Title: Jefferson County On-Site Septic(OSS) Program Improvements as official partners with EPA to carry out a national environmental program within their jurisdiction and; (6) Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of EPA's authorization to the other grantee to use the copyrighted works or other data. Under Item 6, the grantee acknowledges that EPA may authorize other grantee(s)to use the copyrighted works or other data developed under this grant as a result of: • the selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data or: • termination or expiration of this agreement. In addition, EPA may authorize another grantee to use copyrighted works or other data developed with Agency funds provided under this grant to perform another grant when such use promotes efficient and effective use of Federal grant funds. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. In the event the materials are not considered"works for hire" under the U.S. Copyright laws CONTRACTOR shall grant AGENCY, and any federal entity which provided federal funds used in this contract, retain 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. Material which CONTRACTOR uses to perform the contract but is not created for or paid for by AGENCY is not"work made for hire"; however, CONTRACTOR grant the AGENCY a nonexclusive, royalty-free, irrevocable license to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display, provided that such license shall be limited to the extent which CONTRACTOR has a right to grant such a license to use this material for AGENCY internal purposes at no charge to AGENCY. 18. INTERNATIONAL TRAVEL (including Canada) —FOR FEDERAL FUNDED AGREEMENTS ONLY All International Travel must be approved by the Office of International and Tribal Affairs (OITA) BEFORE travel occurs. Even a brief trip to a foreign country, for example attending a conference, requires OITA approval. Please contact your EPA Project Officer as soon as possible if travel is planned out of the country, including Canada and/or Mexico, so that they can obtain appropriate approvals from EPA Headquarters. If you have questions, please contact your EPA Project Officer listed on the front page of the Award Document 19. LIGHT REFRESHMENTS and/or MEALS Unless the event(s) and all of its components are described in the approved workplan, the recipient agrees to obtain prior approval from EPA for the use of grant funds for light refreshments and/or meals served at meetings, conferences, training workshops, and outreach activities(events). The recipient must send requests for approval to the EPA Project Officer and include: 1) An estimated budget and description for the light refreshments, meals, and/or beverages to be served at the event(s); 2) A description of the purpose, agenda, location, length and timing for the event; and, 3) An estimated number of participants in the event and a description of their roles. Cost for light refreshments and meals for recipient staff meetings and similar day-to-day activities are not allowable under EPA assistance agreements. 20. LOBBYING PROHIBITED a. By signing this contract, CONTRACTOR agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying, 31 U.S.C. § 1352, and 40 CFR Part 30 if applicable. CONTRACTOR shall include the language of this provision in subcontracts that exceed $100,000 of federal funds and require all subcontractors to certify and disclose accordingly. AGREEMENT NO. 2025-19 Page 7 of 26 Exhibit A General Terms and Conditions Title: Jefferson County On-Site Septic(OSS) Program Improvements b. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. c, No Federal appropriated funds shall be paid by or on behalf of the CONTRACTOR to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. d. If this contract includes federal funds exceeding $100,000, CONTRACTOR shall sign and submit to AGENCY Exhibit D,Attachment 2, PSP Certification Regarding Lobbying (based on EPA Form 6600-06(Rev. 06/2008). If CONTRACTOR signed and submitted the PSP Certification Regarding Lobbying form during the procurement process for this contract it is not necessary to resubmit the certification. e. If CONTRACTOR expends non-federal funds in any amount to lobby as detailed in a., above, CONTRACTOR shall complete and submit to Standard Form LLL(Rev. 4/2012), Disclosure of Lobbying Activity. The form can be found at: http:/lwww.epa.gov/ogd/AppKitlformisflllin_sec.pdf. 21. LOBBYING AND LITIGATION a. All recipients i. The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the U.S. unless authorized under existing law. The recipient shall abide by the Cost Principles available at 2 CFR 200 which generally prohibits the use of federal grant funds for litigation against the U.S. or for lobbying or other political activities. ii. The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000 and require that subrecipients submit certification and disclosure forms accordingly. iii. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. iv. Contracts awarded by a recipient shall contain,when applicable, the anti-lobbying provision as stipulated in the Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. v. Pursuant to Section 18 of the Lobbying Disclosure Act,the recipient affirms that it is not a nonprofit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a nonprofit organization described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. Nonprofit organizations exempt from taxation under section 501(c)(4)of the Internal Revenue Code that engage in lobbying activities are ineligible for EPA subawards. 22. NONDISCRIMINATION a. Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement. AGREEMENT NO. 2025-19 Page 8 of 26 Exhibit A General Terms and Conditions Title: Jefferson County On-Site Septic(OSS) Program Improvements b. Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3). c. Default. Notwithstanding any provision to the contrary,Agency may suspend Contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until Agency receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency. In the event Contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), Agency may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement. d. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60, ROW.Agency shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for damages Contractor or subcontractor will owe Agency for default under this provision. 23. NONDISCRIMINATION and DISADVANTAGED BUSINESS ENTERPRISES In accordance with 40 CFR 33.106 and its Appendix A, the CONTRACTOR shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 24. PAYMENT TO CONSULTANTS EPA will limit its participation in salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipients' contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule(formerly GS-18), to be adjusted annually, unless a greater amount is authorized by law. This limitation applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). All contracts between recipients and subrecipients and individual consultants are subject to the procurement standards in subpart D of 2 CFR part 200. Contracts or subcontracts with multi-employee firms for consulting services are not affected by the limitation described above, provided the contractor or subcontractor, rather than the recipient or subrecipient, selects, directs and controls individual employees providing consulting services. As of January 1, 2024, the limit is $91.95 per hour or$735.60 per day. (Calculations: 2024 Level IV Executive Schedule annual pay=$191,900/2087= $91.95 per hour or $735.60 per day). 25. PROJECT APPROVAL The quality, extent and character of any and all work, deliverables and/or services to be performed under this agreement by the CONTRACTOR shall be subject to the review and approval of the AGENCY through the Project Manager or other designated official. In the event that the AGENCY determines, that any work, deliverable, and/or service performed by the CONTRACTOR is unsatisfactory, the AGENCY AGREEMENT NO. 2025-19 Page 9 of 26 Exhibit A General Terms and Conditions Title: Jefferson County On-Site Septic(OSS) Program Improvements may withhold reimbursement for the unsatisfactory work performed by the CONTRACTOR or require that the CONTRACTOR remediate their work product to get it to the satisfaction of the AGENCY. Such approval and satisfaction is not unreasonably withheld. The Parties may agree in the Statement of Work to specific approval, acceptance, and/or remediation terms. If the Statement of Work is silent on this topic, the Disputes provision, above, will govern the resolution process. 26. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. CONTRACTOR shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by the AGENCY, personnel duly authorized by the AGENCY, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If this contract exceeds$100,000 and any portion of the funding source is federal, the federal funding agency, the Comptroller General of the United States, or any duly authorized representatives shall have access to books documents, papers, and records of CONTRACTOR directly pertinent to this contract for purpose of making audits, examination, excerpts and transcriptions (40 CFR 30.48(d)). If any litigation, claim or audit is started before the expiration of the six(6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 27. RECYCLED PAPER In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds$10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchases of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management(January 24, 2007), Sub- Recipient agrees to use recycled paper and double-sided printing for all reports which are prepared as part of this Agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. 28. RESPONSIBILITIES OF THE PARTIES Each party to this Agreement hereby assumes responsibility for claims and/or damages to persons and/or property resulting from any negligent act or omissions on the part of itself, its employees, its officers, and its agents. Neither party assumes any responsibility to the other party for the consequences of any claim, act, or omission of any person, agency, firm, or corporation not a part to this Agreement. 29. SEVERABILITY If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Agreement. 30. STATE GRANT CYBERSECURITY (a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State law cybersecurity requirements. (b) (1) EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. AGREEMENT NO. 2025-19 Page 10 of 26 Exhibit A General Terms and Conditions Title: Jefferson County On-Site Septic(OSS) Program Improvements (2)The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient's network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. 31. SUBCONTRACTING Neither the CONTRACTOR nor any SUBCONTRACTOR shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the AGENCY. In no event shall the existence of the subcontract operate to release or reduce the liability of the contractor to the agency for any breach in the performance of the contractor's duties. This clause does not include contracts of employment between the contractor and personnel assigned to work under this contract. Additionally, the CONTRACTOR is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this agreement are carried forward to any subcontracts 32.TERMINATION DUE TO FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion,the AGENCY may terminate the contract under the"Termination for Convenience"clause, without the ten-day notice requirement, subject to renegotiation at the AGENCY'S discretion under those new funding limitations and conditions. Agency will reimburse CONTRACTOR for all expenses incurred, including non-cancelable expenses, up until the date of termination. 33.TERMINATION FOR CAUSE If for any cause either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 34. TERMINATION FOR CONVENIENCE Either party may terminate this Agreement upon 30 calendar days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for the performance rendered or costs incurred, including NON-CANCELABLE expenses, in accordance with the terms of this Agreement prior to the effective date of termination. 35. TREATMENT OF ASSETS a. Title to all property furnished by the AGENCY shall remain in the AGENCY. Title to all property furnished by the CONTRACTOR, for the cost of which the CONTRACTOR is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in the AGENCY upon delivery of such property by the CONTRACTOR. Title to other property, the cost of which is reimbursable to the CONTRACTOR under this contract, shall pass to and vest in the AGENCY upon (i) issuance for use of such property in the performance of this contract, or(ii) commencement of use of such property in the performance of this contract, or(iii) reimbursement of the cost thereof by the AGENCY in whole or in part, whichever first occurs. b. Any property of the AGENCY furnished to the CONTRACTOR shall, unless otherwise provided herein or approved by the AGENCY, be used only for the performance of this contract. c. The CONTRACTOR shall be responsible for any loss or damage to property of the AGENCY that results from the negligence of the CONTRACTOR or which results from the failure on the part of the CONTRACTOR to maintain and administer that property in accordance with sound management practices. d. If any AGENCY property is lost, destroyed or damaged, the CONTRACTOR shall immediately notify the AGENCY and shall take all reasonable steps to protect the property from further damage. AGREEMENT NO. 2025-19 Page 11 of 26 Exhibit A General Terms and Conditions Title: Jefferson County On-Site Septic(OSS) Program Improvements e. The CONTRACTOR shall surrender to the AGENCY all property of the AGENCY prior to settlement upon completion, termination or cancellation of this contract. f. All reference to the CONTRACTOR under this clause shall also include CONTRACTOR'S employees, agents or SUBCONTRACTORS. 36. UTILIZATION OF DIVERSE BUSINESSES The State of Washington works towards providing the maximum practicable opportunity for small and diverse businesses in the performance of all State contracts. Contractor shall use genuine efforts to utilize race-or gender-neutral means to allow opportunities for small and diverse businesses to participate in subcontracts, where participation opportunities are present. Contractor shall make genuine efforts to ensure all available business enterprises, including small and diverse businesses, have equal opportunity for participation which might be presented under this Agreement. 37.WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by personnel authorized to bind each of the parties. AGREEMENT NO. 2025-19 Page 12 of 26 EXHIBIT B- STATEMENT OF WORK Title: Jefferson County On-Site Septic(OSS) Program Improvements Purpose Statement: The purpose of this agreement is to complete the following actions related to On-Site Sewage Systems (OSS) in Jefferson County. 1. Enhance Jefferson County's permitting and records database Tyler Enterprise Permitting and Licensing (EPL) by further developing the Application Programming Interface (API)that imports professional septic inspection reports from OnlineRME (Responsible Management Entity)to EPL. API enhancements will create clarity and consistency in septic inspection data imported into EPL. In addition, Jefferson County will purchase the Tyler module Decision Engine which will integrate into EPL and create an online tool for authorized homeowners to submit their septic inspection reports directly into EPL. 2. Develop education and outreach tools for septic system homeowners and property developers regarding best practices for owning and maintaining a septic system and nitrogen impacts to groundwater and marine ecosystems. In addition, create demonstration models for use at septic operation and monitoring outreach events. 3. Digitize septic permit records and files by scanning all of Jefferson County's paper septic records, which will ensure the digital septic records are complete, legible, and available to the public online. By implementing these actions, Jefferson County will be creating accessibility, clarity and consistency in the County's septic operations and monitoring program. The CONTRACTOR shall report in writing any problems, delays or adverse conditions that 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 by PSP to resolve the situation. Payment 1 Deliverable/ Due Date/ Information Task Task/Activities/ Outcome Timeframe and/or Description Amount 1 Complete OSS Focused Actions in Jefferson County $90,645 a Project management Submit quarterly invoices and Ongoing through and administration progress reports 6/30/2027 b - Data Management 1. Import OnlineRME 6/30/2027 and Improvement (Responsible Management Entity) data into EPL (Enterprise Permitting and Licensing) database and consult with Tyler Technologies. 2. Purchase the Decision Engine for Online Homeowner Septic inspections. c Develop Educational 1. Develop Educational Videos 6/30/2027 Tools(e.g. videos, for homeowners and property classes, models) developers. Video topics on 'Best Practices of Owning and Maintaining an on-site septic system' and 'Development considerations of septic systems on small lots; AGREEMENT NO. 2025-19 Page 13 of 26 Exhibit B Statement of Work Title: Jefferson County On-Site Septic(OSS)Program Improvements Payment I Deliverable/ Due Date/ Information Task Task/Activities/ Outcome Timeframe and/or Description Amount Nitrogen impacts to groundwater and marine ecosystem'. 2. Develop a tabletop model of a Septic System for use at septic classes, home shows, and other events. 3. Develop a model of sewer line impacted by roots for use at septic classes, home shows, and other events. d Digitize Septic Digital files prepared for 6/30/2027 Records conversion by Central Services Staff. Total Maximum Amount $90,645 PROGRAM SPECIFIC REQUIREMENTS/NARRATIVE Staffing Requirements: The PSP Executive Director or designee must approve project personnel changes. AGREEMENT NO. 2025-19 Page 14 of 26 EXHIBIT C - Budget& Billing Procedures Title: Jefferson County On-Site Septic(OSS) Program Improvements CONTRACT: 2025-19 PROJECT TITLE: Jefferson County On-Site Septic (OSS) Program improvements TASK 1 TOTAL Complete OSS Focused Actions in Jefferson { County Job Classificatior` UNIT RATE UNITS COST UNITS COST SALARY COST EHSII HR $36.66 110 $4,033 110 $4,033 TOTAL SALARY 110 F. $4,033 i 110 r $4,033 BENEFITS EHSII HR 33% ' $1,317' $1,317 TOTAL BENEFITS - $1,317 0' $1,317 INDIRECT 27.94% $19,795 $19,795 OTHER DIRECT COSTS (ODC) Digital Files Prep (Jefferson County Central Services Staff) $ - $24,000 $24,000 Total ODCs $24,000 r $24,000 SUPPLIES $ - Educational Tools (e.g videos, classes, models) $9,500 $9,500 TOTAL SUPPLIES $9,500 $9,500 SUBCONTRACTS $ - Tyler Technologies $17,000 $17,000 Video Contractor TBD $ - $15,000 $15,000 TOTAL SUBCONTRACTORS $32,000 $32,000 TOTAL COSTS $90,645 $90,645 AGREEMENT NO.2025-19 Page 15 of 26 Exhibit C Budget & Billing Procedures Title: Jefferson County On-Site Septic(OSS) Program Improvements BILLING PROCEDURES The AGENCY shall reimburse the CONTRACTOR upon review and approval of work performed under the scope of this agreement and receipt of properly completed reimbursement requests. THE AGENCY will pay for work and expenses that occurred within the period of performance. The AGENCY reserves the right to withhold 10% of the payment under each reimbursement request until satisfactory completion of the project. Such satisfaction is not unreasonably withheld. Payment may be withheld if required work, services, progress reports and/or deliverables are not submitted to the satisfaction of the AGENCY. Such satisfaction is not unreasonably withheld. The AGENCY may terminate the agreement if the CONTRACTOR fails to comply with any term or condition of this contract. The AGENCY will pay indirect costs as approved in the budget. The CONTRACTOR may be required to submit a copy of their current federally approved indirect cost rate. The CONTRACTOR shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by the AGENCY as reimbursable. Such expenses may include airfare(economy or coach class only), other transportation expenses, lodging and subsistence necessary during periods of required travel at the current state reimbursement rates (http:l/www.ofm.wa.gov/resources/travel.asp ). If the CONTRACTOR expends more than the amount of the AGENCY funding in this agreement in anticipation of receiving additional funds from the AGENCY, it does so at its own risk. The AGENCY is not legally obligated to reimburse the CONTRACTOR for costs incurred in excess of the AGENCY's approved budget. The CONTRACTOR must submit a monthly invoice voucher or equivalent document to the AGENCY by the 20th of each month for the previous month's billing (e.g. March invoice to be submitted by April 20th) UNLESS the agreement has been identified as a"deliverable-based"contract with specific due date or special conditions that has been approved by the PSP Project Manager. Contractors must submit invoices within 30 days after the month of completion of deliverables to the PSP Project Manager for"deliverable-based" contracts. Payment for approved goods and/or services will be made by check, warrant or electronic fund transfer(EFT)within 30 days of receipt of the invoice. The CONTRACTOR must submit invoices for all work done within a fiscal year 30 days after the end of the fiscal year. Invoices shall be paid within 30 days after the final invoice has been submitted. BILLING CONDITIONS: All Subrecipients/Contractors must submit any budget changes to PSP for sufficient processing time of any amendment execution between PSP and the Contractor/LIO. If information provided does not allow for sufficient processing time, PSP will not adjust or pay for any invoices or billing over the 10% of the total amount listed for each task or subtask even if the added total amounts for those tasks/subtasks does not exceed the total budget. BILLING DETAIL Each invoice voucher or equivalent document submitted to the AGENCY by the CONTRACTOR must include all necessary information for the AGENCY to verify all expenditures. At a minimum, the CONTRACTOR shall specify the following: 1. The PSP contract/agreement number. 2. The time period during which the services were performed. 3. A description of purchases, work and services performed. 4. Total invoice amount. 5. Expenditure detail based on the approved budget. Supporting documentation must include the same level of detail as the approved budget, such as: a. Task Number AGREEMENT NO. 2025-19 Page 16 of 26 Exhibit C Budget & Billing Procedures Title: Jefferson County On-Site Septic(OSS) Program Improvements b. Budget category(personnel, goods/services, subcontractors) c. Number of hours billed, if applicable and d. Hourly rate, if applicable. 6. A receipt must accompany any single expense in the amount of$50.00 or more. 7. If match is required: a. match requirement met during the billing period, and b. cumulative match requirement met 8. A progress report describing the deliverables completed during the reimbursement request period. The AGENCY shall not process payments if the CONTRACTOR fails to submit the required documentation. Submit reimbursement requests to: Puget Sound Partnership Fiscal Unit PO Box 40900 Olympia, WA. 98504 Submit all invoices electronically to psptiscal(Opsp.wa.govv Payment shall be considered timely if made by the AGENCY within thirty (30)calendar days after receipt of properly completed reimbursement request. AGREEMENT NO. 2025-19 Page 17 of 26 PUGETSOUND PARTNERSHIP Exhibit D PSP Agreement#2025-19 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Heidi Eisenhour, Chair 1e erson County Board of Commissioners T i;-d Nam1 & Title of Authorized Representative Sig ature and Date of Authorised Repro entative PSP form (rev 8/2013) based on EPA form 5500-06(Rev.06/2008) Previous editions are obsolete AGREEMENT NO. 2025-19 Page 18 of 26 EXHIBIT E Puget Sound Partnership SUB-RECIPIENT FEDERAL REQUIREMENTS Title: Jefferson County On-Site Septic(OSS) Program Improvements 1. INTRODUCTION This Exhibit E contains provisions that are not listed on OMB Standard Form 424B (Rev 4- 2012). These provisions apply only to Sub-recipients. 2. AUDIT REQUIREMENTS Sub-recipient CONTRACTOR shall meet the provisions in Office of Management and Budget (OMB) Guidance, Subpart F, §200.501 (Audit Requirements), if the CONTRACTOR expends $750,000 or more in total Federal funds in a fiscal year. The $750,000 threshold for each year is a cumulative total of all federal funding from all sources. The CONTRACTOR shall forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to AGENCY within ninety (90) days of the date of the audit report. For complete information on how to accomplish the single audit submissions, visit the Federal Audit Clearinghouse Web site. htt :/lharvester.censu .govtfacwebi 3. COST PRINCIPLES/INDIRECT COSTS FOR STATE AGENCIES GRANT RECIPIENT agrees to comply with the cost principles of 2 CFR 200 Subpart E as appropriate to the award. In addition to the US Environmental Protection Agency's General Terms and Conditions "Indirect Cost Rate Agreements", if the recipient does not have a previously established indirect cost rate, it agrees to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII. 4. CIVIL RIGHTS OBLIGATIONS This term and condition incorporates by reference the signed assurance provided by the recipient's authorized representative on Standard Form 424B. These assurances and this term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing EPA regulations. 5. CYBERSECURITY CONDITION The subrecipient(s) must comply with the recipient's requirements (section (b) (1) — EPA must ensure that any connections between the recipient' network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure) if the subrecipients network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. 6. NON-DISCRIMINATION AND DISADVANTAGED, MBE, WBE BUSINESS ENTERPRISES ADDITIONAL REQUIREMENTS CONTRACTOR agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement, contained in 40 CFR, Part AGREEMENT NO. 2025-19 Page 19 of 26 33. CONTRACTOR shall include the following provision in all subcontracts involving use of federal funds: In accordance with 40 CFR 33.106 and its Appendix A, the CONTRACTOR shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor administration shall carry out applicable requirements of 40 CFR part 33 in the award of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 7. DRUG FREE WORKPLACE CONTRACTOR (Sub-Recipient) shall make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization shall identify all known workplaces under its federal award and keep this information on file during the performance of the award. CONTRACTORS who are individuals must comply with the drug-free provisions set forth in Title 2 CFR Part 1536 Subpart C. The consequences for violating this condition are detailed under Title 2 CFR Part 1536 Subpart E. Recipient can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at: http://scfr.qpoaccess.gov. 8. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS a. In order to comply with the FFATA, the Sub-Recipient shall complete the FFATA Data Collection Form (FFATA Data Collection Form, Exhibit E, Attachment 2) and return it to the AGENCY. The AGENCY will report basic agreement information, including the required UEI number, for all federally funded agreements at www.fsrs.gov. The new 12-digit alphanumeric identifier is provided by SAM.gov registration to all entities who register to do business with the federal government (including the existing entities). This is the identifier which is replacing the use of the DUNS number. b. To comply with the act and be eligible to enter into this contract, your organization must have a Unique Entity Identifier(UEI) number. A UEI number provides a method to verify data about your organization. If you do not already have one, you may receive a UEI number by logging into www.SAM.gov and if required, complete an entity registration. c. Any sub-recipient that meets each of the criteria below must also report compensation for its five top executives, using AGENCY's Federal Funding Accountability and Transparency Act (FFATA) Data Collection Form if the sub-recipient meets the following criteria: • 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. • The public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(A) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78(d) or section 6104 of the Internal Revenue Code of 1986. See www.fsrs.gov for details of this requirement. If your organization falls into this above category, you must report the required information to AGENCY. AGREEMENT NO. 2025-19 Page 20 of 26 9. GEOSPATIAL DATA STANDARDS All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC) endorsed standards. Information on these standards may be found at https:llwwvv.fgdc,goy/ 10. INTERNATIONAL TRAVEL (Including Canada All International Travel must be approved by the US Environmental Protection Agency's Office of International and Tribal Affairs (OITA) BEFORE travel occurs. Even a brief trip to a foreign country, for example attending a conference, requires OITA approval. Please contact your Partnership Project manager as soon as possible if travel is planned out of the country, including Canada and/or Mexico, so that they can submit a request to the EPA Project Officer if they approve of such travel. 11. LEP (Limited English Proficiency)Title VI As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the Sub- recipient agrees to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at http:tifrwebgate.access.gpo.dovlcq..binfgetdoc.cgi?dbname=2004 mister&docid-fr25in0 -79.pd. In accepting this contract, the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral. The recipient must be prepared to demonstrate to EPA/PSP that such compliance programs exist and are being implemented or to otherwise demonstrate how it meets its Title VI obligations. For example, if CONTRACTOR's responsibilities under this contract include gathering public input on an environmental issue, CONTRACTOR's communication with the public should attempt to minimize barriers that interfere with the ability of LEP persons to meaningfully participate. 12. MANAGEMENT FEES Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this CONTRACT. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 13. PEER REVIEW The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any significant technical products the Principal Investigator(PI) of this project must solicit advice, review, and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. AGREEMENT NO. 2025-19 Page 21 of 26 14. REIMBURSEMENT LIMITATION If CONTRACTOR expends more than the amount of the Environmental Protection Agency (EPA) funding in this agreement in anticipation of receiving additional funds from EPA, it does so at its own risk. EPA is not legally obligated to reimburse PSP, nor its sub-recipients, for costs incurred in excess of the EPA approved budget. 15. SEMI-ANNUAL AND ANNUAL PERFORMANCE REPORTS The Sub-recipient shall submit performance reports during the life of the project, as specified in the statement of work or work plan developed under this contract. In addition to the periodic performance reports, the recipient shall submit a final performance report, which is due 90 calendar days after the expiration or termination of the award, or as specified in the work plan or statement of work. The report shall be submitted to the PSP Project Officer and may be provided electronically. The report shall generally contain the same information as in the periodic reports, but should cover the entire project period. After completion of the project, the PSP Project Officer may waive the requirement for a final performance report if the PSP Project Officer deems such a report is inappropriate or unnecessary. 16. SIX GOOD FAITH EFFORTS, 40 CFR, PART 33, SUBPART C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, service and supplies under an EPA financial assistance agreement, and to require that subrecipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing DBEs on solicitation lists and soliciting whenever they are potential sources. b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraph (a)through (e) of this section. 17. SUB-AWARDS If CONTRACTOR (Sub-Recipient) makes sub-awards under this contract, CONTRACTOR is responsible for selecting its sub-awardees and, if applicable, for conducting sub-award competitions. CONTRACTOR agrees to: AGREEMENT NO. 2025-19 Page 22 of 26 a. Establish all sub-award agreements in writing; b. Maintain primary responsibility for ensuring successful completion of the approved project (Sub-Recipient cannot delegate or transfer this responsibility to a sub-awardee); c. Ensure that any sub-awards comply with the standards in Section 210(a)-(d) of OMB Circular A-133, and are not used to acquire commercial goods or services for the sub- awardee; d. Ensure that any sub-awards to 501(c)(4) organizations do not involve lobbying activities; e. Monitor the performance of sub-awardees, and ensure sub-awardees comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub- award; f. Obtain AGENCY's consent before making a sub-award to a foreign or international organization, or a sub-award to be performed in a foreign country; and g. Obtain approval from AGENCY for any new sub-award work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. 18.TRAFFICKING IN PERSONS AND TRAFFICKING VICTIM PROTECTION ACT OF 2000 (TVPA) AS AMENDED IN 22 U.S.C. 7104(g) This provision applies only to a Sub-Recipient, and all sub-awardees of Sub-Recipient, if any. See page one (1) of this contract for determination of whether CONTRACTOR is a sub- recipient. Sub-Recipient shall include the following statement in all sub-awards made to any private entity under this Agreement. "You as the Sub-Recipient, your employees, sub-awardees under this award, and sub- awardees' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub-awards under this Award." Sub-Recipient, and all sub-awardees of Sub-Recipient must inform AGENCY immediately of any information you receive from any source alleging a violation of this prohibition during the award term. Federal agency funding this agreement may unilaterally terminate, without penalty, the funding award if this prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as amended. 19. UNLIQUIDATED OBLIGATIONS (ULO) Sub-recipients, and all sub-awardees of Sub-Recipients, if any, should manage their agreement and subaward funding in ways that reduce the length of time that federal funds obligated and committed to subaward projects are unspent (not yet drawn down through disbursements to sub-recipients and sub-awardees). AGREEMENT NO. 2025-19 Page 23 of 26 ViewOMB Number:4040 0007 Burden Statement Expiration Date:01/31/2019 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY, NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and Act of 1973,as amended(29 U.S.C. §794),which prohibits the institutional,managerial and financial capability discrimination on the basis of handicaps;(d)the Age (including funds sufficient to pay the non-Federal share of Discrimination Act of 1975, as amended(42 U. project cost)to ensure proper planning,management and S.C. §§6101-6107),which prohibits discrimination on the completion of the project described in this application. basis of age; (e)the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended, relating to 2. Will give the awarding agency,the Comptroller General of nondiscrimination on the basis of drug abuse;(f)the the United States and, if appropriate,the State,through Comprehensive Alcohol Abuse and Alcoholism any authorized representative,access to and the right to Prevention,Treatment and Rehabilitation Act of 1970 examine all records,books,papers,or documents related (P.L.91-616),as amended, relating to nondiscrimination to the award;and will establish a proper accounting on the basis of alcohol abuse or alcoholism;(g)§§523 system in accordance with generally accepted accounting and 527 of the Public Health Service Act of 1912(42 standards or agency directives. U.S.C. §§290 dd-3 and 290 ee-3),as amended, relating to confidentiality of alcohol 3. Will establish safeguards to prohibit employees from and drug abuse patient records;(h)Title VIII of the Civil using their positions for a purpose that constitutes or Rights Act of 1968(42 U.S.C. §§3601 et seq.),as presents the appearance of personal or organizational amended, relating to nondiscrimination in the sale, rental conflict of interest,or personal gain. or financing of housing;(i)any other nondiscrimination provisions in the specific statute(s)under which application 4. Will initiate and complete the work within the applicable for Federal assistance is being made;and,(j)the time frame after receipt of approval of the awarding requirements of any other nondiscrimination statute(s) agency. which may apply to the application. 5. Will comply with the Intergovernmental Personnel Act of 7 Will comply,or has already complied,with the 1970(42 U.S.C.§§4728-4763)relating to prescribed requirements of Titles II and III of the Uniform Relocation standards for merit systems for programs funded under Assistance and Real Property Acquisition Policies Act of one of the 19 statutes or regulations specified in Appendix 1970(P.L.91-646)which provide for fair and equitable A of OPM's Standards for a Merit System of Personnel treatment of persons displaced or whose property is Administration(5 C.F.R.900,Subpart F). acquired as a result of Federal or federally-assisted programs.These requirements apply to all interests in 6. Will comply with all Federal statutes relating to real property acquired for project purposes regardless of nondiscrimination.These include but are not limited to: Federal participation in purchases. (a)Title VI of the Civil Rights Act of 1964(P.L. 88-352) which prohibits discrimination on the basis of race,color or 8. Will comply,as applicable,with provisions of the Hatch national origin;(b)Title IX of the Education Amendments of Act(5 U.S.C.§§1501-1508 and 7324-7328)which limit 1972,as amended(20 U.S.C.§§1681-1683, and 1685- the political activities of employees whose principal 1686),which prohibits discrimination on the basis of sex;(c) employment activities are funded in whole or in part Section 504 of the Rehabilitation with Federal funds. Previous Edition Usable Standard Form 424B(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 AGREEMENT NO. 2025-19 Page 24 of 26 9. Will comply, as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874),and the Contract Act of 1966, as amended(16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act(40 U.S.C. §§327- (identification and protection of historic properties),and 333), regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974(16 U.S.C. §§469a-1 et seq.). 10. Will comply, if applicable,with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a)of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973(P.L. 93-234)which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the 15. Will comply with the Laboratory Animal Welfare Act of program and to purchase flood insurance if the total cost of 1966(P.L. 89 544, as amended, 7 U.S.C. §§2131 et insurable construction and acquisition is$10,000 or more. seq.)pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm-blooded animals held for research, teaching, or prescribed pursuant to the following: (a)institution of other activities supported by this award of assistance. environmental quality control measures under the National 16. Will comply with the Lead-Based Paint Poisoning Environmental Policy Act of 1969(P.L.91-190)and Prevention Act(42 U.S.C. §§4801 et seq.)which Executive Order(EO) 11514; (b)notification of violating prohibits the use of lead-based paint in construction or facilities pursuant to EO 11738; (c)protection of wetlands rehabilitation of residence structures. pursuant to EO 11990; (d)evaluation of flood hazards in floodplains in accordance with EO 11988; (e)assurance of 17. Will cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133, Act of 1972(16 U.S.C. §§1451 et seq.); (f) conformity of "Audits of States, Local Governments, and Non-Profit Federal actions to State(Clean Air)Implementation Plans Organizations." under Section 176(c)of the Clean Air Act of 1955, as amended(42 U.S.C. §§7401 et seq.); (g)protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws, executive orders, regulations, and policies Drinking Water Act of 1974, as amended(P.L. 93-523); governing this program. and, (h)protection of endangered species under the Endangered Species Act of 1973, as amended(P.L. 93- 19. Will comply with the requirements of Section 106(g)of 205). the Trafficking Victims Protection Act(TVPA)of 2000, as amended(22 U.S.C. 7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from (1) Engaging in severe 1968(16 U.S.C. §§1271 et seq.)related to protecting forms of trafficking in persons during the period of time components or potential components of the national that the award is in effect(2)Procuring a commercial wild and scenic rivers system, sex act during the period of time that the award is in effect or(3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE M Heidi Eisenhour, Chair APPLICANT ORGANIZATION DATE SUBMITTED Jefferson County Washington, Board of Commissioners d Standard Form 424B(Rev.7-97)Back AGREEMENT NO. 2025-19 Page 25 of 26 PUGETSOUND PARTNERSHIP 424B (Rev 4-2012) Federal Funding Accountability and Transparency Act Data Collection Form This award is supported by Federal Funds that require compliance with the Federal Funding Accountability and Transparency Act. The purpose of the Transparency Act is to make information available online so the public can see how Federal Funds are spent. To comply with the act and be eligible to receive this award, your organization must have a Unique Entity Identifier(UEI) number. If you do not already have one, you may receive a UEI number free of at www.SAM.gov and if required, complete an entity registration. The Puget Sound Partnership (PSP)also encourages registration with the System for Award Management(SAM)to reduce data entry by both PSP and your organization. You may register with SAM Free of Charge at www.sam.qov. Information about your organization and this grant will be reported by PSP to the Federal government as required by P.L 109-282. This information will then be made available to the public by the Federal Government on www USASpeadinQ.cagv. Subrecipient 1. Legal Name 2. UEI Number FNXKANAVBPI5 Jefferson County Public Health 3. Principle Place of Performance 615 Sheridan Street 3a. City Port Townsend, WA 3b. State WA 3c.Zip 98368 3d. Country USA 4. Are you registered in SAM? /1 Yes ID No If yes,skip to signature block.Sign, Date&Return 5. In the preceding fiscal year,did your organization: a. Receive 80% or more of annual gross revenue from Federal contracts,subcontracts, grants, loans, subgrants, loans and/or cooperative agreements,AND b. $25,000 or more in annual gross revenues from Federal contracts,subcontracts, grants, loans, subgrants, loans and/or cooperative agreements,AND c. Receives more than $25,000,000 in annual federal funds. d. The public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(A)or 15(d) of the Securities and Exchange Act of 1934(15 U.S.C. 78m(a), 78(d) or section 6104 of the Internal Revenue Code of 1986. E No—skip to signature block. Sign, Date, & Return E Yes—you must report the names and total compensation of the top 5 highly compensated officials of your organization r Name of Official Total Compensation 1, $ Annually 2. $ Annually 3. $ Annually 4. $ Annually 5. $ Annually NOTE: Total compensation for the purposes of this requirement generally means the cash and non-cash value earned by the executive during the past fiscal year and includes salary and bonus; awards of stock; stock options and stock appreciation rights; and other compensation such as severance and termination payments, and value of life insurance paid on behalf of the employee, and as otherwise provided by FFATA and applicable OMB guidance. B signing this document,the Authorized Representative attests to this information S nature f Authorized Representative Date Printed Name of Authorized Representative - ,,/ Heidi Eisenhour, Chair '/C------ GJ -1,� Jefferson County Washington Board of Commissioners AGREEMENT NO. 2025-19 Page 26 of 26