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Home My WebLink AboutCONSENT WSU MRC projects amend 1 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, County Administrator FROM: Katie Kowal, Water Resources Program Coordinator WSU Extension and Jefferson County Marine Resources Committee (MRC) DATE: Ajonrl 7 .2uZ s SUBJECT: Approval for OTGP-2024-JeCoWS-00046 Grant Amendment for a budget increase of$13,000 STATEMENT OF ISSUE: The Jefferson County Marine Resources Committee (MRC) is seeking approval for amending grant agreement no. OTGP-2024-JeCoWS-00046 between the State of Washington Department of Ecology and Jefferson County. This grant has provided$108,000 of federal funding for MRC-sponsored marine stewardship projects between January 1 —December 31, 2025. The proposed amendment will increase the budget by $13,000 dollars, from$108,000 to $121,000,to further support the Jefferson MRC's participation in the Wooden Boat Festival's `Marine Science and Stewardship Stage,' rain garden maintenance projects, and a part-time staff support position in East Jefferson County. ANALYSIS: The grant agreement has been reviewed and approved by the PAO. FISCAL IMPACT: Increased budget by $13,000 dollars, from$108,000 to $121,000, for marine and nearshore ecosystem stewardship projects in East Jefferson County. RECOMMENDATION: Signature for approval. REVIEWED BY: Atclie'e-, . ..53� zs- Mark McCauley, unty Administrator Date CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: state of WA Dept of Ecology Contract No: OTGP-2024AMJ Contract For: Jefferson County M RC Term: 1/l/2024-12/31/2025 COUNTY DEPARTMENT: WSU Jefferson Countv Extension Contact Person: Katie Kowal Contact Phone: 360-379-5610 x230 Contact email: kkowalCco.iefferson.wa.us AMOUNT: $121,000 PROCESS: Exempt from Bid Process Revenue: $121,000 Cooperative Purchase Expenditure_ Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid RFP or RFQ x Other: Grant Amendment APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITj�I JCC 3.SS.080 AND CHAPTER 42.23 RCW. CERTIFIED: ❑ N/A:a ` �' 3/14/2025 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. Q '/,�,� CERTIFIED: ❑ N/A: RN """ ' """ 3/14/2025 Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 3/18/2025. State agreement - cannot change. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 3/21/2025. Amendment No. 1 with original attached. Standard amendment language included. 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 sr �rY, DEPARTMENT OF _ ECOLOGY State of Washingtor AMENDMENT NO.1 TO AGREEMENT NO.OTGP-2024-JeCoWS-00046 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND Jefferson County PURPOSE: To amend the above-referenced agreement(AGREEMENT)between the state of Washington Department of Ecology(ECOLOGY)and JefTerson County(RECIPIENT)for the Jefferson County MRC 2024-2025 Projects(PROJECT). The purpose of Amendment 1 is to adjust the scope of work and budget as follows: The budget for Task 1 is increased by$7,000.00 from$65,998.00 to$72,998.00 in order to support additional part-time staff assistance for project coordination,administration,and management. The budget for Task 2 is increased by$4,000.00 from$26,791.00 to$30,791.00 in order to plan and host a Marine Science and Stewardship Stage at the 2025 Port Townsend Wooden Boat Festival. The budget for Task 3 is increased by$2,000 from$15,211.00 to$17,211.00 in order to hire landscaping contractor(s)as needed to provide additional rain garden maintenance support. The total budget increase is$13,000.00 increasing from$108,000.00 to$121,000.00. The end date remains the same. iT iS MiTTUAi I Y ACREED that the AGREEMENT is amended as follows: Total Cost: Original: 108,000.00 Amended: 121,000.00 Total Eligible Cost: Original: 108,000.00 Amended: 121,000.00 CHANGES TO THE BUDGET Funding Distribution EG240221 Funding Title: 2025 NOAA Congressionally Directed Spending Funding Type: Grant Funding Effective Date: 0 1/0 1/202 5 Funding Expiration Date: 12/31/2025 Funding Source: restate version W30,2015 State of Washington Department of Ecology Pagc 2 of 7 Jefferson County Jefferson County MRC 2024-2025 project.,;Project Agreement No.OTGP-2024-JeCoW S-00046 Title: WA ECY Northwest Straits Marine Conservation Initiative FY23 Fund: FD Type: Federal Funding Source%: 1000/0 Description: This award number NA23NMF4690358 supports the work described in the Recipient's proposal entitled"WA ECY Northwest Straits Marine Conservation Initiative FY23,"dated 03/27/2023 and revised 09/06/2023,which are incorporated into the award by reference. Federal Awarding Agency: NOAA Federal Awarding Agency Contact: Desmond Gelman Federal Awarding Agency Phone: (503)530-0274 Federal Awarding Agency Email: desmond.gelman@q.noaa.gov Federal Awarding Agency Address: NMFS West Coast Regional Office(WCRO) 1201 Northeast Lloyd Boulevard, Suite 1100 Portland,OR 97232 CFDA Catalog Name: Congressionally Identified Awards and Projects CFDA Number: 11.469 FAIN: NA23NMF4690358 Research Grant: No Federal Award Date: 9/21/2023 Total Federal Award Amount: $3,000,000.00 Federal Funds Obligated To Recipient: $68,999.00 Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT:30% Recipient Match%: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? Yes 2025 NOAA Congressionally Directed Spending Task Total 1, Project Administration/Management $ 41,629.00 2.Education and Outreach $ 17,623.00 3.Rain Garden Maintenance S 9,747.00 Total:$ 68,999.00 CHANGES TO SCOPE OF WORK Template Version IOi30i2015 State of Washington Department of Ecology Pagc 3 of 7 Jefferson County Jefferson County MRC 2024-2025 Projects Project Agreement No.OTGP-2024-JeCoWS-00046 Task Number: l Task Cost: $72,998.00 Task Title: 1.Project Administration/Management Task Description: A.The RECIPIENT shall provide necessary project oversight and coordination to complete the scope of work in compliance with this ECOLOGY grant agreement,which includes project coordination,administration,and management. B.The RECIPIENT shall conduct project management activities including compliance with state statutes and rules,project scheduling,adherence to the scope of work,timelines,and due dates;request for,and if applicable,conducting the competitive procurement process including preparation of contractor bidding documents,advertisements,and grant monitoring. C.1he RECIPIENT shall submit quarterly progress reports and payment requests(PRPRs)with supporting documentation; maintain project records;submit ECOLOGY-approved deliverables; and submit the RECIPIENT Close Out Report(RCOR) by the due dates established between ECOLOGY and the RECIPIENT. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant administration requirements. Task Expected Outcome: Properly maintained grant project documentation. Timely and complete submittal of quarterly Payment Requests i Progress Reports(PRPRs),grant deliverables,and the RECIPIENT Close Out Report(RCOR). Recipient Task Coordinator: Katie Kowal Deliverables Number Description Due Date 1.1 quarterly Payment Request/Progress Report(PRPR) 1.2 Recipient Close Out Report(RCOR) 1 2/3 11202 5 CHANGES TO SCOPE OF WORK Task Number: 2 Task Cost: $30,791.00 Task Title: 2.Education and Outreach 'Task Description: The RECIPIENT will develop and implement a marine education and community outreach program covering a range of marine topics with targeted messaging,audiences and strategies.In addition, the RECIPIENT will continue its partnership with other local and regional organizations to provide education to the public about local marine issues and conservation efforts through a speaker series that includes a coupled in-the-field component. Template Version 10i30i2015 State of Washington Department of Ecology Pagc 4 of 7 Jefferson County Jefferson County MRC 2024-2025 Projects Project Agreement No.OTGP-2024-JeCoWS-00046 The RECIPIENT will: 1.Plan and hold at least three hands-on public education events and workshops annually targeting recreational harvesters with education on best practices for harvesting(a)bivalves,(b)seaweed,and(c)crab,safely and responsibly. 2.Co-host at least one speaker presentation and associated in-the-field activity annually. 3.Plan and hold a Marine Science and Stewardship Stage at the 2025 Port Townsend Wooden Boat Festival. Where applicable,the RECIPIENT must request and receive written approval in advance by ECOLOGY'S Project Manager for reimbursement(s)for meals or light refreshments.Approved request forms must be submitted with the corresponding Payment Rcquest/Progress Report(PRPR)in EAGL. "1'ask Goal Statement: The goal of the project is to increase community awareness about local marine issues and inspire marine stewardship to improve our nearshore and marine ecosystems. Task EMected Outcome: Expected outcomes include increased community understanding of our local marine and nearshore resources,issues and the impacts of individual actions,and increased engagement in community marine stewardship. Recipient Task Coordinator: Joanie Hendricks Deliverables Number Description Due Date 2.1 2024-2025 Outreach Plan.Upload in EAGL. 04/12/2024 2.2 2024 outreach report(including summary of outreach activities,number 12/31/2024 of contacts,materials and presentations,copies of outreach assessment tools and results,photos). Upload in EAGL. 2.3 2025 outreach report(including summary of outreach activities,number 12/31/2025 of contacts,materials and presentations,copies of outreach assessment tools and results,photos).Upload in EAGL. CHANGES TO SCOPE OF WORK Task Number: 3 Task Cost: $17,211.00 Task Title: 3.Rain Garden Maintenance Task Description: Template version I0i3QQ015 State of Washington Department of Ecologv Pagc 5 of 7 Jefferson County Jefferson County MRC 2024-2025 Projects Project Agreement No.OTGP-2024-JeCoWS-00046 Rain gardens are a green infrastructure and low-impact development technology used to effectively remove excess nutrients and contaminants from stormwater runoff. The RECIPIENT will focus efforts on maintaining its network of 19 established rain gardens and cultivating neighborhood stewardship.The RECIPIENT will: 1.Identify individual community members interested in adopting a rain garden for ongoing maintenance. 2. Organize work parties to weed,mulch,and plant as needed at existing rain gardens. Where applicable,the RECIPIENT must request and receive written approval in advance by ECOLOGY'S Project Manager for reimbursement(s)for meals or light refreshments.Approved request forms must be submitted with the corresponding Payment Request/Progress Report(PRPR)in EAGL. 3. Coordinate community volunteers to provide maintenance support. 4.Provide supplemental plants/mulch as needed for existing rain gardens. 5. Hire landscaping contractor(s)as needed to provide additional rain garden maintenance support. Task Goal Statement: The goal of this project is to improve the quality of water flowing into East Jefferson County marine waters. Task Expected Outcome: The expected outcomes of this project are an increased number of rain gardens that have been adopted for ongoing maintenance,an increased understanding about water quality and stormwater issues,and reduced flow of stormwater into the surrounding marine waters of East Jefferson County. Recipient Task Coordinator: Janette Mestre Deliverables Number Description Due Date 3.1 2024 Annual Summary Report and related photos.Upload in EAGL. 12/31/2024 3.2 2025 Annual Summary Report and related photos. Upload in EAGL. 12/31/2025 Template Version Wi3012015 State of Washington Department of Ecology Pagc 6 of 7 Jefferson County Jefferson County MRC 2024-2025 Projects Project Agreement No.OTGP-2024-JeCoWS-00046 Funding Distribution Summary Recipient/Ecology Share Fundino Distribution Name Recipient Match.% Recipient Share Ecology Share Total 2024 NOAA Congressionally 0 % S 0.00 $ 52,001.00 $ 52,001.00 Directed Spending 2025 NOAA Congressionally 0 % $ 0.00 $ 68,999.00 $ 68,999.00 Directed Spending Total $ 0.00 $ 121,000.00 S 121,000.00 Template version loi3o!"_'015 State of Washmgtm Deparnneut of Ecology Pagc 7 of 7 Jefferson Counry Jefferson County MRC 2024-7-025 PruiceLs Pr%ject Agroament No,OTGP-21124-JeCoWS-00046 AUTHORIZING SIGNATURES All other terns and conditions ol'1he original Agreement including any Amendmen6ti remain in full three and etleet,except as expressly provided by this Amendment. The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. Phis amendment will be effective 03!01t2025. IN W11NESS WHEREOF:the parties hereto,laving read this Amendment in its entirety,including all attachments,do agree in each and every particular and have than set their hand..hereunto. Washington State Jeftrson County Department of Ecology By. fly. 26 MD�I z02.� JoLnnc McGetT Date Amit Sh Date Shorelands Program Manager 11cidi Eisenhour Chair,Board of County Couunissioncrs Date Philip C.IltmsuckL for 03/21/2025 Jefferson County Chief Civil Deputy !1a1. Prosecuting Attorney Template Approved to Form by Attorney GeneraPs Office Template Version 10%3W.1015 DocuSign ErTGelope ID 5D9D8EBA-5162-4D9E-958F-7DOEB99501B5 DEPARTMENT OF _ _ ECOLOGY State of Washington Agreement No. OTGP-2024-JeCoWS-00046 ONE TIME GRANT PROGRAM AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,hereinafter referred to as"ECOLOGY,"and Jefferson County,hereinafter referred to as the"RECIPIENT,"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Jefferson County MRC 2024-2025 Projects Total Cost: $108,000.00 Total Eligible Cost: $108,000.00 Ecology Share: $108,000.00 Recipient Share: $0.00 The Effective Date of this Agreement is: 01/01/2024 The Expiration Date of this Agreement is no later than: 12/31/2025 Project Type: Ecology Grant Project Short Description: The Jefferson County MRC(RECIPIENT)works to achieve resource conservation and habitat protection within the Northwest Straits. This grant will support two projects for the 2024-2025 grant period: marine education and community outreach; and rain garden maintenance. Project Long Description: This grant will be used to fund the Jefferson County Marine Resources Committee(MRC)(RECIPIENT)projects from January 1,2024 through December 31,2025. This agreement provides for grant administration and implementation of projects for the RECIPIENT.These include: A. Marine education and community outreach: the RECIPIENT will plan and conduct hands-on public education events DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501B5 State of Washington Department of Ecology Page 2 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County and workshops and continue partnering with other local organizations to host coupled speaker presentations and in-the-field activities to educate the public about local marine issues and conservation efforts. B.Maintenance of established rain gardens: the RECIPIENT will maintain established rain gardens and ensure they are properly functioning to slow,filter, and infiltrate stormwater runoff. Overall Goal: The overall goal of this grant is to improve the health of local marine and nearshore ecosystem in east Jefferson County. Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501 B5 State of Washington Department of Ecology Page 3 of 35 Agreement No: OTGP-2024-JeCo W S-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County RECIPIENT INFORMATION Organization Name: Jefferson County Federal Tax ID: 91-6001322 UEI Number: FGN7DDMJA7H7 Mailing Address: 121 Oak Bay Rd Port Hadlock,WA 98339 Physical Address: 121 Oak Bay Rd Port Hadlock,Washington 98339 Organization Email: monica.montgomeryl@wsu.edu Contacts Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501B5 State of Washington Department of Ecology Page 4 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County Project Manager Monica Montgomery Water Programs Coordinator 121 Oak Bay Rd Port Hadlock,Washington 98339 Email: monica.montgomeryl@wsu.edu Phone: (360)379-5610 X230 Billing Contact Anji Scalf Administrator 121 Oak Bay Rd Port Hadlock,Washington 98339 Email: ascalf@co.jefferson.wa.us Phone: (360)379-5610 Amit Sharma Authorized Signatory 121 Oak Bay Rd Port Hadlock,Washington 98339 Email: amit.sharmal@wsu.edu Phone: (360)379-5610 Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501 B5 State of Washington Department of Ecology Page 5 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County ECOLOGY INFORMATION Mailing Address: Department of Ecology Shorelands PO BOX 47600 Olympia,WA 98504-7600 Physical Address: Shorelands 300 Desmond Drive SE Lacey,WA 98503 Contacts Sasha Horst Project Manager Breazeale-Padilla Bay Interp.Center 10441 Bayview Edison Rd. Mt Vernon,Washington 98273-7242 Email: horst@nwstraits.org Phone: (360)428-1084 Cindy James Financial Manager PO Box 47600 Olympia,Washington 98504-7600 Email: cjam461@ecy.wa.gov Phone: (360)280-8645 Dana Oster Technical Advisor Breazeale-Padilla Bay Interp.Center 10441 Bayview Edison Rd. Mt Vernon,Washington 98273-7242 Email: DAOS461@ecy.wa.gov Phone: (360)428-1043 Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501 135 State of Washington Department of Ecology Page 6 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions of this Agreement,Scope of Work,attachments,and incorporated or referenced documents,as well as all applicable laws, statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties,and there are no other understandings or representations other than as set forth,or incorporated by reference,herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing,signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Jefferson County Department of Ecology By. (At IAJA.t hl(I� W' 112 412 0 2 4 By. FR w�l� ��Yyta�- 1/23/2024 ....... Joenne McGerr Date Amit Sharma Date Shorelands Program Manager Template Approved to Form by Attomey General's Office Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501 B5 State of Washington Department of Ecology Page 7 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County Kate Dean DocuSigned by: (� 1/12/2024 County Commissioner Date Barbara D. Erlichman DoMuS,gn�e.,d,by: Q 96, �ALL1R9dL1L:StE:ml4tLt Civil Deputy Prosecuting Attorney Date Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501 B5 State of Washington Department of Ecology Page 8 of 35 Agreement No: OTGP-2024-JeCoWS400046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County SCOPE OF WORK Task Number: 1 Task Cost: $65,998.00 Task Title: 1. Project Administration/Management Task Description: A.The RECIPIENT shall provide necessary project oversight and coordination to complete the scope of work in compliance with this ECOLOGY grant agreement,which includes project coordination,administration,and management. B.The RECIPIENT shall conduct project management activities including compliance with state statutes and rules,project scheduling,adherence to the scope of work,timelines,and due dates;request for,and if applicable,conducting the competitive procurement process including preparation of contractor bidding documents,advertisements,and grant monitoring. C.The RECIPIENT shall submit quarterly progress reports and payment requests(PRPRS)with supporting documentation; maintain project records;submit ECOLOGY-approved deliverables; and submit the RECIPIENT Close Out Report(RCOR) by the due dates established between ECOLOGY and the RECIPIENT. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant administration requirements. Task Expected Outcome: Properly maintained grant project documentation.Timely and complete submittal of quarterly Payment Requests/Progress Reports(PRPRs),grant deliverables,and the RECIPIENT Close Out Report(RCOR). Recipient Task Coordinator: Monica Montgomery 1.Project Administration/Management Deliverables Number Description Due Date 1.1 Quarterly Payment Request/Progress Report(PRPR) 1.2 Recipient Close Out Report(RCOR) 12/31/2025 Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501 B5 State of Washington Department of Ecology Page 9 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County SCOPE OF WORK Task Number: 2 Task Cost: $26,791.00 Task Title: 2. Education and Outreach Task Description: The RECIPIENT will develop and implement a marine education and community outreach program covering a range of marine topics with targeted messaging,audiences and strategies.In addition,the RECIPIENT will continue its partnership with other local and regional organizations to provide education to the public about local marine issues and conservation efforts through a speaker series that includes a coupled in-the-field component. The RECIPIENT will: 1.Plan and hold at least three hands-on public education events and workshops annually targeting recreational harvesters with education on best practices for harvesting(a)bivalves,(b)seaweed,and(c)crab,safely and responsibly. 2.Co-host at least one speaker presentation and associated in-the-field activity annually. Where applicable,the RECIPIENT must request and receive written approval in advance by ECOLOGY'S Project Manager for reimbursement(s)for meals or light refreshments.Approved request forms must be submitted with the corresponding Payment Request/Progress Report(PRPR)in EAGL. Task Goal Statement: The goal of the project is to increase community awareness about local marine issues and inspire marine stewardship to improve our nearshore and marine ecosystems. Task Expected Outcome: Expected outcomes include increased community understanding of our local marine and nearshore resources,issues and the impacts of individual actions,and increased engagement in community marine stewardship. Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501B5 State of Washington Department of Ecology Page 10 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County Recipient Task Coordinator: Joanie Hendricks 2.Education and Outreach Deliverables Number Description Due Date 2.1 2024-2025 Outreach Plan.Upload in EAGL. 2.2 2024 outreach report(including summary of outreach activities,number of contacts,materials and presentations,copies of outreach assessment tools and results,photos).Uu load in EAGL. 2.3 2025 outreach report(including summary of outreach activities,number of contacts,materials and presentations,copies of outreach assessment tools and results,photos).Upload in EAGL. Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501 B5 State of Washington Department of Ecology Page 11 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County SCOPE OF WORK Task Number: 3 Task Cost:$15,211.00 Task Title: 3.Rain Garden Maintenance Task Description: Rain gardens are a green infrastructure and low-impact development technology used to effectively remove excess nutrients and contaminants from stormwater runoff. The RECIPIENT will focus efforts on maintaining its network of 19 established rain gardens and cultivating neighborhood stewardship.The RECIPIENT will: 1.Identify individual community members interested in adopting a rain garden for ongoing maintenance. 2.Organize work parties to weed,mulch,and plant as needed at existing rain gardens. Where applicable,the RECIPIENT must request and receive written approval in advance by ECOLOGY'S Project Manager for reimbursement(s)for meals or light refreshments.Approved request forms must be submitted with the corresponding Payment Request/Progress Report(PRPR)in EAGL. 3.Coordinate community volunteers to provide maintenance support. 4.Provide supplemental plants/mulch as needed for existing rain gardens. Task Goal Statement: The goal of this project is to improve the quality of water flowing into East Jefferson County marine waters. Task Expected Outcome: The expected outcomes of this project are an increased number of rain gardens that have been adopted for ongoing maintenance,an increased understanding about water quality and stormwater issues,and reduced flow.of stormwater into the surrounding marine waters of East Jefferson County. Recipient Task Coordinator: Janette Mestre 3.Rain Garden Maintenance Deliverables Number Description Due Date 3.1 2024 Annual Summary Report and related photos.Upload in EAGL. 3.2 2025 Annual Summary Report and related photos.Upload in EAGL. Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501B5 State of Washington Department of Ecology Page 12 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County BUDGET Funding Distribution EG240220 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: 2024 NOAA Congressionally Directed SpendiFunding Type: Grant Funding Effective Date: 01/01/2024 Funding Expiration Date: 12/31/2024 Funding Source: Title: WA ECY Northwest Straits Marine Conservation Initiative FY23 Fund: FD Type: Federal Funding Source%: 100% Description: This award number NA23NMF4690358 supports the work described in the Recipient's proposal entitled"WA ECY Northwest Straits Marine Conservation Initiative FY23," dated 03/27/2023 and revised 09/06/2023,which are incorporated into the award by reference. Federal Awarding Agency: NOAA Federal Awarding Agency Contact: Desmond Gelman Federal Awarding Agency Phone: (503)530-0274 Federal Awarding Agency Email: desmond.gelman@noaa.gov Federal Awarding Agency Address: NMFS West Coast Regional Office(WCRO) 1201 Northeast Lloyd Boulevard,Suite 1100 Portland,OR 97232 CFDA Catalog Name: Congressionally Identified Awards and Projects CFDA Number: 11.469 FAIN: NA23NMF46903 5 8 Research Grant: No Federal Award Date: 9/21/2023 Total Federal Award Amount: $3,000,000.00 Federal Funds Obligated To Recipient: $52,001.00 Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT: 30% Recipient Match%: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? Yes Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501 B5 State of Washington Department of Ecology Page 13 of 35 Agreement No: OTGP-2024-JeCo W S-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County 2024 NOAA Congressionally Directed Spending Task Total 1.Project Administration/Management S 31,369.00 2. Education and Outreach S 13,168.00 3.Rain Garden Maintenance S 7,464.00 Total:$ 52,001.00 Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB9950165 State of Washington Department of Ecology Page 14 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County BUDGET Funding Distribution EG240221 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: 2025 NOAA Congressionally Directed SpendiFunding Type: Grant Funding Effective Date: 01/01/2025 Funding Expiration Date: 12/31/2025 Funding Source: Title: WA ECY Northwest Straits Marine Conservation Initiative FY23 Fund: FD Type: Federal Funding Source%: 100% Description: This award number NA23NMF4690358 supports the work described in the Recipient's proposal entitled"WA ECY Northwest Straits Marine Conservation Initiative FY23," dated 03/27/2023 and revised 09/06/2023,which are incorporated into the award by reference. Federal Awarding Agency: NOAA Federal Awarding Agency Contact: Desmond Gelman Federal Awarding Agency Phone: (503)530-0274 Federal Awarding Agency Email: desmond.gelman@noaa.gov Federal Awarding Agency Address: NMFS West Coast Regional Office(WCRO) 1201 Northeast Lloyd Boulevard,Suite 1100 Portland,OR 97232 CFDA Catalog Name: Congressionally Identified Awards and Projects CFDA Number: 11.469 FAIN: NA23NMF4690358 Research Grant: No Federal Award Date: 9/21/2023 Total Federal Award Amount: $3,000,000.00 Federal Funds Obligated To Recipient: $55,999.00 Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT: 30% Recipient Match%: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? Yes Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501 B5 State of Washington Department of Ecology Page 15 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County 2025 NOAA Congressionally Directed Spending Task Total 1. Project Administration/Management $ 34,629.00 2. Education and Outreach $ 13,623.00 3. Rain Garden Maintenance $ 7,747.00 Total:$ 55,999.00 Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB9950165 State of Washington Department of Ecology Page 16 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total 2024 NOAA Congressionally 0.00 % $ 0.00 S 52,001.00 S 52,001.00 Directed Spending 2025 NOAA Congressionally 0.00 % $ 0.00 S 55,999.00 S 55,999.00 Directed S endin Total $ 0.00 $ 108,000.00 $ 108,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS Administrative Standard Award Conditions for National Oceanic and Atmospheric Administration(NOAA)Financial Assistance Awards I. Scientific Integrity A. General Guidelines 1. Maintaining Integrity.The non-Federal entity shall maintain the scientific integrity of research performed pursuant to this grant or financial assistance award including the prevention,detection,and remediation of any allegations regarding the violation of scientific integrity or scientific and research misconduct,and the conduct of inquiries,investigations,and adjudications of allegations of violations of scientific integrity or scientific and research misconduct.All the requirements of this provision flow down to subrecipients. 2. Peer Review.The peer review of the results of scientific activities under a NOAA grant,financial assistance award,or cooperative agreement shall be accomplished to ensure consistency with NOAA standards on quality,relevance,scientific integrity,reproducibility,transparency,and performance.NOAA will ensure that peer review of"influential scientific information" or"highly influential scientific assessments" is conducted in accordance with the Office of Management and Budget(OMB)Final Information Quality Bulletin for Peer Review and NOAA policies on peer review,such as the Information Quality Guidelines. 3. In performing or presenting the results of scientific activities under the NOAA grant,financial assistance award,or cooperative agreement and in responding to allegations regarding the violation of scientific integrity or scientific and research misconduct,the non-Federal entity and all subrecipients shall comply with the provisions herein and NOAA Administrative Order(NAO)202-735D,Scientific Integrity,and its Procedural Handbook,including any amendments thereto.That Order can be found at http://nrc.noaa.gov/ScientificIntegrityCommons.aspx. 4. Primary Responsibility.The non-Federal entity shall have the primary responsibility to prevent,detect,and investigate allegations of a violation of scientific integrity or scientific and research misconduct.Unless otherwise instructed by the grants officer,the non-Federal entity shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures,as appropriate,to do so. By executing this grant,financial assistance award,or cooperative agreement the non-Federal entity provides its assurance that it has established an administrative process for performing an inquiry,investigating,and reporting allegations of a violation of scientific integrity or scientific and research misconduct;and that it will comply with its own administrative process for performing an inquiry,investigation,and reporting of such misconduct. 5. The non-Federal entity shall insert this provision in all subawards at all tiers under this grant,financial assistance award,or cooperative agreement. Template Version 12/10/2020 DocuSign Envelope ID:SD9D8EBA-5162-4D9E-958F-7DOEB99501B5 State of Washington Department of Ecology Page 17 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County B. Investigating Scientific Integrity or Scientific and Research Misconduct 1. Initiating Investigation.If the non-Federal entity or subrecipient determines that there is sufficient evidence to proceed to an investigation,it shall notify the grants officer and,unless otherwise instructed,the non-Federal entity or subrecipient shall: a. Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding regarding the violation of scientific integrity or scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted. b. If the investigation leads to a finding regarding the violation of scientific integrity or scientific and research misconduct,obtain adjudication by a neutral third party adjudicator.The adjudication must include a review of the investigative record and,as warranted,a determination of appropriate corrective actions and sanctions. 2. Finalizing Investigation.When the investigation is complete,the non-Federal entity shall forward to the grants officer a copy of the evidentiary record,the investigative report,any recommendations made to the non-Federal entity adjudicating official,the adjudicating official's decision and notification of any corrective action taken or planned,and the subject's written response(if any)- C. Findings and Corrective Actions If the non-Federal entity finds that scientific integrity has been violated or scientific and research misconduct has occurred,it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall: a. Take all necessary corrective actions,which includes,but are not limited to,correcting the research record,and,as appropriate,imposing restrictions,controls,or other parameters on research in process or to be conducted in the future,and b. Coordinate remedial action with the grants officer. II. Data Sharing Directive The Data and Publication Sharing Directive for NOAA Grants,Cooperative Agreements,and Contracts ensures that environmental data funded extramurally by NOAA are made publicly accessible in a timely fashion(typically within two years of collection),and that final manuscripts of peer-reviewed research papers are deposited with the NOAA Central Library(upon acceptance by the journal,or no later than at time of publication).Therefore,non-Federal entities,or recipients,must make data produced under financial assistance publicly accessible in accordance with the Data Management Plan included with the Proposal,unless the grant program grants a modification or an exemption.The text of the Directive is available at https://nosc.noaa.gov/EDMC/PD.DSP.php. 1. Data Sharing:Environmental data collected or created under this Grant, Cooperative Agreement,or Contract must be made publicly visible and accessible in a timely manner,free of charge or at minimal cost that is no more than the cost of distribution to the user,except where limited by law,regulation,policy,or national security requirements.Data are to be made available in a form that would permit further analysis or reuse:data must be encoded in a machine-readable format,preferably using existing open format standards;data must be sufficiently documented,preferably using open metadata standards,to enable users to independently read and understand the data.The location(internet address)of the data should be included in the final report. Pursuant to NOAA Information Quality Guidelines,data should undergo quality control(QC)and a description of the QC process and results should be referenced in the metadata. 2. Timeliness:Data accessibility must occur no later than publication of a peer-reviewed article based on the data,or two years after the data are collected and verified,or two years after the original end date of the grant(not including any extensions or follow-on funding),whichever is soonest,unless a delay has been authorized by the NOAA funding program. 3. Disclaimer:Data produced under this award and made available to the public must be accompanied by the following statement: "These data and related items of information have not been formally disseminated by NOAA,and do not represent any agency determination,view,or policy." 4. Failure to Share Data:Failing or delaying to make environmental data accessible in accordance with the submitted Data Management Plan,unless authorized by the NOAA Program,may lead to enforcement actions,and will be considered by NOAA when making future award decisions.Funding recipients are responsible for ensuring these conditions are also met by Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501B5 State of Washington Department of Ecology Page 18 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County sub-recipients and subcontractors. 5. Funding acknowledgement:Federal funding sources shall be identified in all scholarly publications. An Acknowledgements section shall be included in the body of the publication stating the relevant Grant Programs and Award Numbers.In addition, funding sources shall be reported during the publication submission process using the FundRef mechanism (http://www.crossref.org/fundref/)if supported by the Publisher. 6. Manuscript submission:The final pre-publication manuscripts of scholarly publications produced with NOAA funding shall be submitted to the NOAA Institutional Repository at https://repository.library.noaa.gov after acceptance,and no later than upon publication,of the paper by a journal.NOAA will produce a publicly-visible catalog entry directing users to the published version of the article.After an embargo period of one year after publication,NOAA shall make the manuscript itself publicly visible,free of charge,while continuing to direct users to the published version of record. 7. Data Citation:Publications based on data,and new products derived from source data,must cite the data used according to the conventions of the Publisher,using unambiguous labels such as Digital Object Identifiers(DOIs).All data and derived products that are used to support the conclusions of a peer-reviewed publication must be made available in a form that permits verification and reproducibility of the results. III. Audit Findings Follow-up and Corrective Action In accordance with 2 C.F.R.§200.511 and the Commerce Terms,an auditee is responsible for follow-up and corrective action on all audit findings.For information on the summary of prior year audit findings and the corrective action plan,please also refer to§200.511(b)(1)(2),and(3)(i)(ii)(iii),and refer to§200.516 Audit findings,paragraph(c). Paragraph(c)Corrective action plan of 2 C.F.R. §200.511 Audit Findings Follow-up,further states that at the completion of the audit,the auditee must prepare a corrective action plan to address each audit finding included in the current year auditor's reports.As defined in 2 CFR Part 200,a corrective action means action taken by the auditee that: (a)Corrects identified deficiencies;(b)Produces recommended improvements;or(c)Demonstrates that audit findings are either invalid or do not warrant auditee action.The corrective action plan must provide the name(s)of the contact person(s)responsible for corrective action,the corrective action planned,and the anticipated completion date.If the auditee does not agree with the audit findings or believes corrective action is not required,then the corrective action plan must include an explanation and specific reasons. NOAA as the cognizant,oversight,or Federal awarding agency of the auditee is responsible for follow-up on audit fmdings to ensure that the auditee takes appropriate and timely corrective action.As part of audit follow-up,NOAA must:(i)issue a management decision as prescribed in§200.521 Management decision;and(ii)monitor the recipient taking appropriate and timely corrective action.For additional information on applicable Federal agency responsibilities of NOAA for follow-up with corrective actions,see§200.513 Responsibilities. IV. Audit Resolution Recipients that expend$750,000 or more in Federal funds during the recipient's fiscal year in Federal awards must have a single or program-specific audit conducted for that year in accordance with§200.501.As provided in§200.513,a Federal awarding agency is responsible for issuing a management decision for findings that relate to Federal awards it makes to recipients. As further prescribed in DOC's Departmental Administrative Order(DAO)213-5 and 2 C.F.R.Part 200 Subpart F, Department and operating unit personnel shall act promptly to resolve both the financial and nonfinancial issues identified in an audit report.Comments,arguments,and evidence(if any)submitted by the auditee and the operating unit shall be considered in resolving the findings.A DOC decision on the resolution of audit findings and recommendations will be made in accordance with the procedures and within the specified time frames identified in DAO 213-5. The audit action official shall issue the Management Decision and Audit Resolution Determination.The Management Decision and Audit Resolution Determination will be maintained in the official grant file and a copy will be forwarded to the Program Officer. Recipients are afforded the opportunity to appeal the Audit Resolution Determination.The appeal process is the last opportunity for auditees to provide evidence to support their disputes.NOAA will not accept any submission from a recipient regarding an Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB9950165 State of Washington Department of Ecology Page 19 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County appeal after the established deadline,unless requested by the Grants Officer,the Office of Inspector General,or the Office of the General Counsel. After the Department renders a decision on an appeal,there are no other administrative appeals available. An audit of the award may result in the disallowance of costs incurred by the recipient and the establishment of a debt(account receivable)due to DOC. Recipients are responsible for the repayment of audit-related debts and for the collection of audit-related debts from their sub recipients where an audit has determined funds are owed.This does not relieve the recipient of liability for the debt. Department of Commerce Financial Assistance Standard Terms and Conditions This sets out the standard terms and conditions(ST&Cs)applicable to this U.S.Department of Commerce(DOC or Commerce)financial assistance award(hereinafter referred to as the DOC ST&Cs or Standard Terms).A non-Federal entity receiving a DOC financial assistance award must comply and require each of its subrecipients,contractors,and subcontractors employed in the completion of the project to comply with all applicable statutes,regulations,executive orders(E.O.$), Office of Management and Budget(OMB)circulars,provisions of the OMB Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards(codified at 2 C.F.R.Part 200)(OMB Uniform Guidance),provisions of these Standard Terms,and any other terms and conditions incorporated into this DOC financial assistance award.In addition,unless otherwise provided by the terms and conditions of this DOC financial assistance award, Subparts A through E of 2 C.F.R.Part 200 and the Standard Terms are applicable to for-profit entities,foreign public entities and to foreign organizations that cant'out a DOC financial assistance award. This award is subject to the laws and regulations of the United States.Any inconsistency or conflict in terns and conditions specified in the award will be resolved according to the following order of precedence:federal laws and regulations,applicable notices published in the Federal Register,E.O.s,OMB circulars,DOC ST&Cs,agency standard award conditions(if any),and specific award conditions.A specific award condition may amend or take precedence over a Standard Term on a case-by-case basis,when indicated by the specific award condition. Some of the Standard Terms herein contain,by reference or substance,a summary of the pertinent statutes,regulations published in the Federal Register or Code of Federal Regulations(C.F.R.),E.O.s,OMB circulars,or the certifications and assurances provided by applicants through Standard Forms(e.g.,SF-424s)or through DOC forms(e.g.Form CD-511).To the extent that it is a summary,such Standard Term provision is not in derogation of,or an amendment to,any such statute, regulation,E.O.,OMB circular,certification,or assurance. A.PROGRAMMATIC REQUIREMENTS .01 Other Federal Awards with Similar Programmatic Activities The recipient must immediately provide written notification to the.Grants Officer if,subsequent to receipt of the award,other financial assistance is received to support or fund any portion of the scope of work incorporated into the DOC award.DOC will not pay for costs that are funded by other sources. .02 Disclaimer Provisions The United States expressly disclaims all responsibility or liability to the non-Federal entity or third persons(including but not limited to contractors)for the actions of the non-Federal entity or third persons resulting in death,bodily injury,property damages,or any other losses resulting in any way from the performance of this award or any subaward,contract,or subcontract under this award. The acceptance of this award or any subaward by the non-Federal entity does not in any way constitute an agency relationship between the United States and the non-Federal entity or the non-Federal entity's contractors or subcontractors. B. FINANCIAL REQUIREMENTS .01 Financial Management a. In accordance with 2 C.F.R. §200.302(a)(Financial Management),each State must expend and account for the Federal award in accordance with State laws and procedures for expending and accounting for the State's own funds.In addition,the Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-51624D9E-958F-7DOEB99501 B5 State of Washington Department of Ecology Page 20 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County State's and any other non-Federal entity's financial management systems,including records documenting compliance with Federal statutes,regulations,and the terms and conditions of the Federal award, must be sufficient to permit the preparation of reports required by general and program-specific terms and conditions;and the tracing of funds to a level of expenditures adequate to establish that such funds have been used in accordance with Federal statutes,regulations,and the terms and conditions applicable to the Federal award.See also 2 C.F.R. §200.450(Lobbying)for additional management requirements to verify that Federal funds are not used for unallowable lobbying costs. b. The financial management system of each non-Federal entity must provide all information required by 2 C.F.R. § 200.302(b).See also 2 C.F.R. §§200.334(Retention requirements for records);200.335(Requests for transfer of records); 200.336(Methods for collection,transmission and storage of information);200.337(Access to records);and 200.338 (Restrictions on public access to records). .02 Indirect or Facilities and Administrative Costs a. Indirect costs(or facilities and administration costs(F&A))for major institutions of higher education and major nonprofit organizations can generally be defined as costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefited,without effort disproportionate to the results achieved. Indirect costs will not be allowable charges against an award unless permitted under the award and specifically included as a line item in the award's approved budget. b. Unrecovered indirect costs,including unrecovered indirect costs on cost sharing or matching,may be included as part of cost sharing or matching as allowed under 2 C.F.R.§200.306(c)(Cost sharing or matching)or the terms and conditions of a DOC award. c. Cognizant Agency for Indirect(F&A)Costs.OMB established the cognizant agency concept,under which a single agency represents all others in dealing with non-Federal entities in common areas.The cognizant agency for indirect costs reviews and approves non-Federal entities'indirect cost rates.In accordance with Appendices III—VII to 2 C.F.R.Part 200 the cognizant agency for indirect costs reviews and approves non-Federal entities'indirect cost rates. d. If the recipient fails to submit required documentation to DOC within 90 calendar days of the award start date,the Grants Officer may amend the award to preclude the recovery of any indirect costs under the award.If the DOC,oversight,or cognizant Federal agency determines there is a finding of good and sufficient cause to excuse the recipient's delay in submitting the documentation,an extension of the 90-day due date may be approved by the Grants Officer. e. The maximum dollar amount of allocable indirect costs for which DOC will reimburse the recipient is the lesser of: 1. The line item amount for the Federal share of indirect costs contained in the approved award budget,including all budget revisions approved in writing by the Grants Officer;or 2. The Federal share of the total indirect costs allocable to the award based on the indirect cost rate approved by the cognizant agency for indirect costs and applicable to the period in which the cost was incurred,in accordance with 2 C.F.R 200 Appendix III,C.7,provided that the rate is approved on or before the award end date. f. In accordance with 2 CFR§200.414(c)(3),DOC set forth policies,procedures,and general decision-malting criteria for deviations from negotiated indirect cost rates.These policies and procedures are applicable to all Federal financial assistance programs awarded and administered by DOC bureaus as Federal awarding agencies and may be found at http://www.osec.doc.gov/oam/grants_management/policy/documents/FAM%202015-02.pdf. g. In accordance with 2 CFR§200.414(g),any non-Federal entity that has a negotiated indirect cost rate may apply to the entity's cognizant agency for indirect costs for a one-rime extension of a currently negotiated indirect cost rate for a period of up to four years,reducing the frequency of rate calculations and negotiations between an institution and its cognizant agency. h. In accordance with 2 CFR§200.414(f),any non-Federal entity that does not have a current negotiated(including provisional)rate,except for those non-Federal entities described in paragraph D.1.b of Appendix VII to 2 CFR Part 200,may elect to charge a de minimis rate of 10 percent of modified total direct costs.No documentation is required to justify the 10 percent de minimis indirect cost rate. C. PROPERTY STANDARDS Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501B5 State of Washington Department of Ecology Page 21 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County .01 Standards Each non-Federal entity must comply with the Property Standards set forth in 2 C.F.R. §§ 200.310(Insurance coverage) through 200.316(Property trust relationship). .02 Intellectual Property Rights a. General.The rights to any work or other intangible property produced or acquired under a Federal award are determined by 2 C.F.R. §200.315(Intangible property).The non-Federal entity owns any work produced or purchased under a Federal award subject to the DOC's royalty-free,nonexclusive,and irrevocable right to obtain,reproduce,publish,or otherwise use the work or authorize others to receive,reproduce,publish,or otherwise use the work for Government purposes. b. A non-Federal entity may copyright any work produced under a Federal award, subject to the DOC's royalty-free, nonexclusive,and irrevocable right to obtain,reproduce,publish,or otherwise use the work,or authorize others to do so for Government purposes.Works jointly authored by DOC and non-Federal entity employees may be copyrighted,but only the part of such works authored by the non-Federal entity is protectable in the United States because,under 17 U.S.C.§ 105, copyright protection is not available within the United States for any work of the United States Government.On occasion and as permitted under 17 U.S.C.§ 105,DOC may require the non-Federal entity to transfer to DOC a copyright in a particular work for Government purposes or when DOC is undertaking primary dissemination of the work. c. Freedom of Information Act(FOIA).In response to a FOIA request for research data relating to published research findings(as defined by 2 C.F.R. §200.315(e)(2))produced under a Federal award that were used by the Federal government in developing an agency action that has the force and effect of law,the DOC will request,and the non-Federal entity must provide,within a reasonable time,the research data so that they can be made available to the public through the procedures established under the FOIA. D. OTHER REQUIREMENTS PERTAINING TO DOC FINANCIAL ASSISTANCE AWARDS,INCLUDING SUBAWARD AND PROCUREMENT ACTIONS .01 Nonprocurement Debarment and Suspension Non-Federal entities must comply with the provisions of 2 C.F.R.Part 1326(Nonprocurement Debarment and Suspension), which generally prohibit entities that have been debarred,suspended,or voluntarily excluded from participating in Federal nonprocurement transactions either through primary or lower tier covered transactions,and which set forth the responsibilities of recipients of Federal financial assistance regarding transactions with other persons,including subrecipients and contractors. .02 Requirements for Subawards a. The recipient or pass-through entity must require all subrecipients,including lower tier subrecipients,to comply with the terms and conditions of a DOC financial assistance award,including applicable provisions of the OMB Uniform Guidance(2 C.F.R.Part 200),and all associated Terms and Conditions set forth herein. See 2 C.F.R. §200.101(b)(2)(Applicability to different types of Federal awards),which describes the applicability of 2 C.F.R.Part 200 to various types of Federal awards and§§200.331-333(Subrecipient monitoring and management). b. The recipient or pass through entity may have more restrictive policies for the RTC waived prior approvals (no-cost extensions,re-budgeting,etc.)for their subaward recipients.Such restrictive policies must be addressed in their subaward agreements and in accordance with§200.331. .03 Requirements for Procurements Other Non-Federal Entities.All other non-Federal entities,including subrecipients of a State,must follow the procurement standards in 2 C.F.R. §§200.318(General procurement standards)through 200.327(Contract provisions)which include the requirement that non-Federal entities maintain written standards of conduct covering conflicts of interest and governing the performance of their employees engaged in the selection,award,and administration of contracts.No employee, officer,or agent may participate in the selection,award,or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. .04 Whistleblower Protections This award is subject to the whistleblower protections afforded by 41 U.S.C. §4712(Enhancement of contractor protection Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB9950165 State of Washington Department of Ecology Page 22 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County from reprisal for disclosure of certain information),which generally provide that an employee or contractor(including subcontractors and personal services contractors)of a non-Federal entity may not be discharged,demoted,or otherwise discriminated against as a reprisal for disclosing to a person or body information that the employee reasonably believes is evidence of gross mismanagement of a Federal award,subaward,or a contract under a Federal award or subaward,a gross waste of Federal funds,an abuse of authority relating to a Federal award or subaward or contract under a Federal award or subaward,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a Federal award,subaward,or contract under a Federal award or subaward.These persons or bodies include: a. A Member of Congress or a representative of a committee of Congress. b. An Inspector General. c. The Government Accountability Office. d. A Federal employee responsible for contract or grant oversight or management at the relevant agency. e. An authorized official of the Department of Justice or other law enforcement agency. f. A court or grand jury. g. A management official or other employee of the contractor,subcontractor,or grantee who has the responsibility to investigate,discover,or address misconduct. Non-Federal entities and contractors under Federal awards and subawards must inform their employees in writing of the rights and remedies provided under 41 U.S.C. §4712,in the predominant native language of the workforce. E. NATIONAL POLICY REQUIREMENTS .01 Environmental Requirements Environmental impacts must be considered by Federal decision makers in their decisions whether or not to approve: (1)a proposal for Federal assistance;(2)the proposal with mitigation;or(3)a different proposal having less adverse environmental impacts.Federal environmental laws require that the funding agency initiate an early planning process that considers potential impacts that projects funded with Federal assistance may have on the environment.Each non-Federal entity must comply with all environmental standards,to include those prescribed under the following statutes and E.O.s and must identify to the awarding agency any impact the award may have on the environment.In some cases, award funds can be withheld by the Grants Officer under a specific award condition requiring the non-Federal entity to submit additional environmental compliance information sufficient to enable the DOC to make an assessment on any impacts that a project may have on the environment. a. The National Environmental Policy Act(42 U.S.C. §§4321 et seq.) b. Executive Order 11988(Floodplain Management)and Executive Order 11990(Protection of Wetlands) c. Clean Air Act(42 U.S.C. §§7401 et seq.),Federal Water Pollution Control Act(33 U.S.C.§§ 1251 et seq.)(Clean Water Act),and Executive Order 11738("Providing for administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal contracts,grants or loans") d. The Endangered Species Act(16 U.S.C.§§ 1531 et seq.) e. The Coastal Zone Management Act(16 U.S.C. §§ 1451 et seq.) f. The Safe Drinking Water Act of 1974,as amended,(42 U.S.C. §§300f et seq.) g. The Resource Conservation and Recovery Act(42 U.S.C. §§6901 et seq.) h. Executive Order 12898("Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations") i. The Magnuson-Stevens Fishery Conservation and Management Act(16 U.S.C. § 1801 et seq.) j. Clean Water Act(CWA)Section 404(33 U.S.C. § 1344) k. Rivers and Harbors Act(33 U.S.C. §407) 1. The Migratory Bird Treaty Act(16 U.S.C. §§703-712),Bald and Golden Eagle Protection Act(16 U.S.C. §668 et seq.), and Executive Order 13186(Responsibilities of Federal Agencies to Protect Migratory Birds,January 10,2001) m. Executive Order 13112(Invasive Species,February 3, 1999) n. Fish and Wildlife Coordination Act(16 U.S.C. §661 et seq.) Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501 B5 State of Washington Department of Ecology Page 23 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County .02 OTHER NATIONAL POLICY REQUIREMENTS a. Criminal and Prohibited Activities 1. The Program Fraud Civil Remedies Act(31 U.S.C. §3801 et seq.),provides for the imposition of civil penalties against persons who make false,fictitious,or fraudulent claims to the Federal Government for money(including money representing grants,loans,or other benefits). 2. The False Claims Amendments Act of 1986 and the False Statements Accountability Act of 1996(18 U.S.C.§§287 and 1001,respectively),provide that whoever makes or presents any false,fictitious,or fraudulent statement,representation,or claim against the United States must be subject to imprisonment of not more than five years and must be subject to a fine in the amount provided by 18 U.S.C. §287. 3. The Civil False Claims Act(31 U.S.C. §§3729-3733),provides that suits can be brought by the government,or a person on behalf of the government,for false claims made under Federal assistance programs. 4. The Copeland Anti-Kickback Act(18 U.S.C. §874),prohibits a person or organization engaged in a Federally supported project from enticing an employee working on the project from giving up a part of his compensation under an employment contract.The Copeland Anti-Kickback Act also applies to contractors and subcontractors pursuant to 40 U.S.C.§3145. 5. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C.§4601 et seq.)and implementing regulations issued at 15 C.F.R.Part 11,which provides for fair and equitable treatment of displaced persons or persons whose property is acquired as a result of Federal or Federally-assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 6. The Hatch Act(5 U.S.C. §§ 1501-1508 and 7321-7326),which limits the political activities of employees or officers of state or local governments whose principal employment activities are funded in whole or in part with Federal funds. 7. To ensure compliance with Federal law pertaining to financial assistance awards,an authorized representative of a non-Federal entity may be required to periodically provide certain certifications to the DOC regarding Federal felony and Federal criminal tax convictions,unpaid federal tax assessments,delinquent Federal tax returns and such other certifications that may be required by Federal law. b. Drug-Free Workplace The non-Federal entity must comply with the provisions of the Drug-Free Workplace Act of 1988(41 U.S.C. § 8102)and DOC implementing regulations published at 2 C.F.R.Part 1329(Requirements for Drug-Free Workplace(Financial Assistance)),which require that the non-Federal entity take certain actions to provide a drug-free workplace. c. Federal Employee Expenses and Subawards or Contracts Issued to Federal Employees or Agencies 1. Use of award funds(Federal or non-Federal)or the non-Federal entity's provision of in-kind goods or services for the purposes of transportation,travel,or any other expenses for any Federal employee may raise appropriation augmentation issues.In addition,DOC policy may prohibit the acceptance of gifts,including travel payments for federal employees,from non-Federal entities regardless of the source.Therefore,before award funds may be used by Federal employees,non-Federal entities must submit requests for approval of such action to the Federal Program Officer who must review and make a recommendation to the Grants Officer.The Grants Officer will notify the non-Federal entity in writing(generally through the recipient)of the final determination. 2. A non-Federal entity or its contractor may not issue a subaward,contract or subcontract of any part of a DOC award to any agency or employee of DOC or to other Federal employee,department,agency,or instrumentality,without the advance prior written approval of the DOC Grants Officer. d. Management and Access to Data and Publications 1. In General.The recipient acknowledges and understands that information and data contained in applications for financial assistance,as well as information and data contained in financial,performance and other reports submitted by recipients,may be used by the DOC in conducting reviews and evaluations of its financial assistance programs.For this purpose,recipient information and data may be accessed,reviewed and evaluated by DOC employees,other Federal employees,Federal agents and contractors,and/or by non-Federal personnel,all of who enter into appropriate or are otherwise subject to confidentiality Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501 B5 State of Washington Department of Ecology Page 24 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County and nondisclosure agreements covering the use of such information. Recipients are expected to support program reviews and evaluations by submitting required financial and performance information and data in an accurate and timely manner,and by cooperating with DOC and external program evaluators. In accordance with 2 C.F.R. § 200.303(e),recipients are reminded that they must take reasonable measures to safeguard protected personally identifiable information and other confidential or sensitive personal or business information created or obtained relating to a DOC financial assistance award. 2. Scientific Data.Non-Federal entities must comply with the data management and access to data requirements established by the DOC funding agency as set forth in the applicable Notice of Funding Opportunity and/or in Specific Award Conditions. 3. Publications,Videos,and Acknowledgment of Sponsorship. i. Publication of results or findings in appropriate professional journals and production of video or other media is encouraged as an important method of recording,reporting and otherwise disseminating information and expanding public access to federally-funded projects(e.g.,scientific research).Non-Federal entities must comply with the data management and access to data requirements established by the DOC funding agency as set forth in the applicable Notice of Funding Opportunity and/or in Specific Award Conditions. ii. Non-Federal entities maybe required to submit a copy of any publication materials,including but not limited to print, recorded,or Internet materials,to the funding agency. iii. When releasing information related to a funded project,non-Federal entities must include a statement that the project or effort undertaken was or is sponsored by DOC and must also include the applicable financial assistance award number. iv. Non-Federal entities are responsible for assuring that every publication of material based on,developed under,or otherwise produced pursuant to a DOC financial assistance award contains the following disclaimer or other disclaimer approved by the Grants Officer: This[report/video/etc.]was prepared by[recipient name]using Federal funds under award NA23NMF4690358 from National Oceanic and Atmospheric Administration(NOAA),U.S. Department of Commerce.The statements,findings,conclusions,and recommendations are those of the author(s)and do not necessarily reflect the views of the[name of operating unit]or the U.S. Department of Commerce. SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. A.CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,person, Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501 B5 State of Washington Department of Ecology Page 25 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal remedies,including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment.RECIPIENT/CONTRACTOR must run a search in <http://www.sain.gov>and print a copy of completed searches to document proof of compliance. B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATAI REPORTING REOUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than$30,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than$25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is required to report the FFATA information for federally funded agreements,including the required Unique Entity Identifier in www.sam. og v<http://www.sam.gov/>within 30 days of agreement signature.The FFATA information will be available to the public at www.usMending_gov<hLtp://www.usaspending.jzov/>. For more details on FFATA requirements,see www.fsrs. o�p://www.fsrs.gov/>. C.FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216,federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501B5 State of Washington Department of Ecology Page 26 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain;or 3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment,services,or systems that use covered telecommunications equipment,video surveillance services or services as a substantial or essential component of any system,or as critical technology as part of any system.As described in Public Law 115-232 <https://www. ovg info.jzov/content/pk�/PLAW-115publ232/pdf/PLAW-115pub1232.pdf> section 889,covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). Recipients,subrecipients,and borrowers also may not use federal funds to purchase certain prohibited equipment,systems,or services,including equipment,systems,or services produced or provided by entities identified in section 889,are recorded in the System for Award Management(SAMLttps://sam.ggv/SAM/>exclusion list. Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501B5 State of Washington Department of Ecology Page 27 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 07/01/2023 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition." (https:Hfortress.wa.gov/ecy/publications/SummaryPages/2301002.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188, Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all products supplied under the Agreement,providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages,web-based applications,software systems,video and audio content,and electronic documents intended for publishing on.Ecology's public-web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid,minimize,or mitigate adverse effects to archaeological and historic archaeological sites,historic buildings/structures,traditional cultural places,sacred sites,or other cultural resources,hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed,or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. *For state funded construction,demolition,or land acquisitions,comply with Governor Executive Order 21-02,Archaeological and Cultural Resources. Template version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501B5 State of Washington Department of Ecology Page 28 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County • For projects with any federal involvement,comply with the National Historic Preservation Act of 1966(Section 106). b) If required by the ECOLOGY Program,submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing any project that involves field activities.ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff,volunteers,and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement,follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic Preservation at(360)586-3065,any affected Tribe,and the local government. d) If any human remains are found while conducting work under this Agreement,follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the Department of Archaeology and Historic Preservation at(360)790-1633,and then the ECOLOGY Program. e) Comply with RCW 27.53,RCW 27.44,and RCW 68.50.645,and all other applicable local,state,and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY,all affected local,state,or federal jurisdictions,and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website,https:Hoftn.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofin.wa.gov. h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any tern or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has been completed if,at ECOLOGY's sole discretion,such payment is reasonable and approved according to this Agreement,as appropriate,or upon completion of an audit as specified herein. Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-700EB99501B5 State of Washington Department of Ecology Page 29 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial,performance,and other reports required by this Agreement.Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations,and permits related to this Agreement,including but not limited to: a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or responsibility in the review,approval,or carrying out of this Agreement,shall not have any personal or financial interest,direct or indirect,nor affect the interest of any corporation,partnership,or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction,purchase of goods,equipment,services,and professional architectural and engineering services through a competitive process,if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal,fair,and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed,after concluding the review. Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501B5 State of Washington Department of Ecology Page 30 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal.The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental measurement data.RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan.If a QAPP is required,the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance(QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004 (Ecology Publication No.04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system(EIM),unless the ECOLOGY Program instructs otherwise.The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM,find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System(GIS)data is collected and processed.Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,when requested by ECOLOGY,shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data collection files,map products,and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the project described herein,except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees,volunteers,or agents of each party who are engaged in the performance of this Agreement will continue to be employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other party. Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501B5 State of Washington Department of Ecology Page 31 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and women-owned (WBE)businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation;however,the RECIPIENT is encouraged to take the following actions,when possible,in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE) (866-208-1064)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable federal and state statutes and regulations;(b) The Agreement;(c)Scope of Work;(d)Special Terms and Conditions;(e)Any provisions or terms incorporated herein by reference,including the "Administrative Requirements for Recipients of Ecology Grants and Loans";(f)Ecology Funding Program Guidelines;and(g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten(10)business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products developed. Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets,videos,audio tapes,CDs,curriculum,posters,media announcements,or gadgets with a message,such as a refrigerator magnet,and any online communications,such as web pages,blogs,and twitter campaigns.If it is not practical to provide a copy,then the RECIPIENT shall provide a description(photographs,drawings,printouts,etc.)that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501 B5 State of Washington Department of Ecology Page 32 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the quarter being reported. e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved by ECOLOGY,all financial,performance,and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive, and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others to use the same for federal,state,or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans,"shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project,it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies,Torrens certificates,or abstracts,and attorney's opinions establishing that the land is free from any impediment,lien,or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment, property,or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or construction costs of such property. Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB9950165 State of Washington Department of Ecology Page 33 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County 22. RECORDS,AUDITS,AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative of the State of Washington, for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state,federal or local representative for inspection at any time during the course of this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times,in order to monitor and evaluate performance,compliance,and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause,suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501B5 State of Washington Department of Ecology Page 34 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as:use of clean energy,use of double-sided printing,hosting low impact meetings,and setting up recycling and composting programs. b) Purchasing may include such items as:sustainably produced products and services, EPEAT registered computers and imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced packaging,office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper,and toxic free products. For more suggestions visit ECOLOGY's web page,Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the RECIPIENT,at the sole discretion of ECOLOGY,for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in writing for commencement of work,or the time period defined within the Scope of Work. Non-Performance.The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement,in whole or in part,for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state,federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement,in whole or part,or renegotiate the Agreement,subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension,ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension.Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT.In no Template Version 12/10/2020 DocuSign Envelope ID:5D9D8EBA-5162-4D9E-958F-7DOEB99501B5 State of Washington Department of Ecology Page 35 of 35 Agreement No: OTGP-2024-JeCoWS-00046 Project Title: Jefferson County MRC 2024-2025 Projects Recipient Name: Jefferson County event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part,at any time,by mutual written agreement. d) In Event of Termination All finished or unfinished documents,data studies,surveys,drawings,maps,models,photographs,reports or other materials prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds,identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 DocuSign Certificate Of Completion Envelope Id:5D9D8EBA51624D9E958F7D0EB99501 B5 Status:Completed Subject:Ready for Signature:Grant Agreement OTGP-2024-JeCoWS-00046 Source Envelope: Document Pages:35 Signatures:4 Envelope Originator: Certificate Pages:5 Initials:0 Cindy James AutoNav:Enabled P.O.Box 47600 Envelopeld Stamping:Enabled Olympia,WA 98504 Time Zone:(UTC-08:00)Pacific Time(US&Canada) cjam461 @ecy.wa.gov IP Address:147.55.7.168 Record Tracking Status:Original Holder:Cindy James Location:DocuSign 1/12/2024 6:41:26 AM cjam461 @ecy.wa.gov Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:Washington State Department of Ecology Location:DocuSign Signer Events Signature Timestamp Kate Dean �DocaSignedby Sent:1/12/2024 6:55:01 AM I kdean@co.jefferson.wa.us I � Pf— Viewed:1/12/2024 8:11:44 AM Security Level:Email,Account Authentication BF565EF88FO9461 Signed:1/12/2024 8:11:52 AM (None) Signature Adoption:Drawn on Device Using IP Address:24.113.154.215 Signed using mobile Electronic Record and Signature Disclosure: Accepted:1/12/2024 8:11:44 AM ID:a7fcea80-d58d-413f-a851-c99ee3c25c88 Barbara D.Ehrlichman DocaSiynad by: ��f/r� �� Sent:1/1 212024 8:11:53 AM behrlichman@co.jefferson.wa.us � � lJ��. (� �L/1LA'•" Viewed:1/12/2024 9:11:00 AM Security Level:Email,Account Authentication DAF0524DC5e5400. Signed:1/12/2024 9:13:45 AM (None) Signature Adoption:Uploaded Signature Image Using IP Address:64.184.145.20 Electronic Record and Signature Disclosure: Accepted:1/12/2024 9:11:00 AM ID:c477a092-4bOe-4332-9eOa-48db3701dab7 Amit Sharma �00-Signed by: Sent:1/12/2024 9:13:47 AM amit.sharmal@wsu.edu I u t{ S4mo, Viewed:1/12/2024 6:47:22 PM Security Level:Email,Account Authentication `—D60EFAD5514F4CS Signed:1/23/2024 12:45:47 PM (None) Signature Adoption:Pre-selected Style Using IP Address:216.160.67.109 Electronic Record and Signature Disclosure: Accepted:1/12/2024 6:47:22 PM ID:bc375al2-988d-48b9-817d-c030397273fa Joenne McGerr CD—Sig—d by Sent:1/24/2024 6:57:46 AM jomc461 @ecy.wa.gov 'tJnkt huC _w Viewed:1/24/2024 3:42:48 PM Security Level:Email,Account Authentication 929BD1E7260e497 Signed:1/24/2024 3:43:58 PM (None) Signature Adoption:Pre-selected Style Using IP Address:165.151.214.24 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Cindy James Sent:1/23/2024 12:45:48 PM cjam461 @ecy.wa.gov VIEWED Viewed:1/24/2024 6:57:42 AM Security Level:Email,Account Authentication Completed:1/24/2024 6:57:46 AM (None) Using IP Address:165.151.210.80 Electronic Record and Signature Disclosure: Not Offered via DocuSign Cindy James Sent:1/24/2024 3:44:00 PM cjam461 @ecy.wa.gov VIEWED Viewed:1/25/2024 11:17:42 AM Security Level:Email,Account Authentication Completed:1/25/2024 11:17:51 AM (None) Using IP Address:147.55.7.168 Electronic Record and Signature Disclosure: Not Offered via DocuSign Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Sasha horst COPIED Sent:1/12/2024 6:55:02 AM horst@nwstraits.org Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Monica Montgomery Sent:1/1 212024 6:55:02 AM monica.montgomeryt @wsu.edu COPIED Viewed:1/25/2024 11:20:35 AM Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/12/2024 6:55:02 AM Certified Delivered Security Checked 1/25/2024 11:17:42 AM Signing Complete Security Checked 1/25/2024 11:17:51 AM Completed Security Checked 1/25/2024 11:17:51 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:2/22/2021 4:19:57 PM Parties agreed to:Kate Dean,Barbara D.Ehrlichman,Amit Sharma ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time,Carahsoft OBO Washington State Department of Ecology-Toxics Cleanup Program(we,us or Company)may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly,and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure(ERSD),please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures'before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time,you may request from us a paper copy of any record provided or made available electronically to you by us. 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JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, County Administrator FROM: Monica Montgomery, Water Programs Coordinator Jefferson County Marine Resources Committee (MRC) and WSU Extension DATE: J C:h�tGth g� z�JZ Y SUBJECT: 2024-2025 /One Time Grant Program (OTGP) Agreement STATEMENT OF ISSUE: The Jefferson County Marine Resources Committee (MRC) has prepared a grant agreement between Jefferson County and the State of Washington Department of Ecology that will be administered through the Northwest Straits Commission. This grant will provide $108,000 of state and federal funding for MRC-sponsored marine stewardship projects in East Jefferson County between January 2024 and December 2025. ANALYSIS: The grant agreement has been reviewed and approved by the PAO. FISCAL IMPACT: This grant will add $108,000 to the Jefferson County MRC budget for marine and nearshore ecosystem stewardship and education outreach projects in East Jefferson County. RECOMMENDATION: Signature for approval. Please note that once County review is complete and the grant agreement is approved, Ecology will require signatures via DocuSign to execute the agreement. REVIEWED BY: Mark McCaule ounty Administrator Date CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH:�—State of WA Dept of Ecology) Contract No: OTGP-2024-JeC Contract For: Jeff. Co. MRC Term: 1/1/2024-12/31/2025 COUNTY DEPARTMENT: WSU Jefferson Countv Extension Contact Person: Monica Montoomery Contact Phone: 360-379-5610 x230 Contact email: monica.montoomervl @wsu.edu AMOUNT: $108,000 PROCESS: Exempt from Bid Process Revenue: $108,000 Cooperative Purchase Expenditure: Competitive Seated Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid RFP or RFQ X Other:grant agreement APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH 3CC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ❑ N/A: .fi'} �'-�I.��.�"(ti U�^� 1�^--� 91/29/Zo7.3 Signature 1 Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: ❑ N/A: Fol Signature J S Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 12/28/2023. State grant agreement - cannot change. STEP 4': PROSECUTING ATTORNEY REVIEW(will be added electronically through Lase fiche): Electronically approved as to form by PAO on 12/28/2023. PAO Approval as to Form STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1