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Department of Ecology Funding Agreement for 2013-15 Biennial Municipal Stormwater GrantDEPARTMENT OF 'ECOLOGY ulj� State of Washington 2013-15 BIENNIAL MUNICIPAL STORMWATER GRANTS OF REGIONAL OR STATEWIDE SIGNIFICANCE FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND SNOHOMISH COUNTY GRANT AGREEMENT NUMBER G1400481 TABLE OF CONTENTS PART I. GENERAL INFORMATION.......................................................................................... 1 PART II. PROJECT SUMMARY.................................................................................................. 3 PART III. PROJECT BUDGET..................................................................................................... 4 PART IV. PROJECT GOALS AND OUTCOMES....................................................................... 4 PART V. SCOPE OF WORK......................................................................................................... 5 PART VI. SPECIAL TERMS AND CONDITIONS...................................................................... 7 PART VII. ALL WRITINGS CONTAINED HEREIN.................................................................. 8 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS ........................................ 9 A. ARCHEOLOGICAL AND CULTURAL RESOURCES............................................................................................... 9 B. EDUCATION AND OUTREACH.......................................................................................................................... 9 C. EQUIPMENT PURCHASE..................................................................................................................................10 D. FUNDING RECOGNITION.................................................................................................................................10 E. INCREASED OVERSIGHT.................................................................................................................................10 F. INDIRECT RATE..............................................................................................................................................10 G. MINORITY AND WOMEN'S BUSINESS PARTICIPATION.....................................................................................10 H. PAYMENT REQUEST SUBMITTALS..................................................................................................................I 1 I. POST PROJECT ASSESSMENT..........................................................................................................................12 J. PROCUREMENT...............................................................................................................................................12 K. IIwoi31_ss Itl:mim.......................................................................................................................................12 -,ad 3� y cn,v ;5-- p9►_7 0c.ar aI L. REQUIRED DOCUMENT SUBMITTALS..............................................................................................................12 M. SPECIAL CONDITION FOR SNOHOMISH COUNTY AND KING COUNTY............................................................13 N. WATER QUALITY MONITORING.....................................................................................................................13 ATTACHMENT II: GENERAL TERMS AND CONDITIONS............................................................ 15 A. RECIPIENT PERFORMANCE...........................................................................................................................15 B. SUBGRANTEE/CONTRACTOR COMPLIANCE.............................................................................................15 C. THIRD PARTY BENEFICIARY.........................................................................................................................15 D. CONTRACTING FOR SERVICES (BIDDING).................................................................................................15 E. ASSIGNMENTS.............................................................................................. ....................15 ................................ F. COMPLIANCE WITH ALL LAWS.....................................................................................................:...............15 G. KICKBACKS.......................................................................................................................................................15 H. AUDITS AND INSPECTIONS...........................................................................................................................16 1. PERFORMANCE REPORTING...........................................................................................................................16 J. COMPENSATION................................................................................................................................................16 K. TERMINATION..................................................................................................................................................17 L. WAIVER..............................................................................................................................................................18 M. PROPERTY RIGHTS..........................................................................................................................................18 N. SUSTAINABLE PRODUCTS.............................................................................................................................19 O. RECOVERY OF PAYMENTS TO RECIPIENT................................................................................................. 19 P. PROJECT APPROVAL........................................................................................................................................19 Q. DISPUTES...........................................................................................................................................................19 R. CONFLICT OF INTEREST................................................................................................................................19 S. INDEMNIFICATION...........................................................................................................................................20 T. GOVERNING LAW........................................................................................................................................20 U. SEVERABILITY.................................................................................................................................................20 V. PRECEDENCE....................................................................................................................................................20 W. SUSPENSION.....................................................................................................................................................20 ii L. REQUIRED DOCUMENT SUBMITTALS..............................................................................................:...............12 M. SPECIAL CONDITION FOR SNOHOMISH COUNTY AND KING COUNTY................................................I...........13 N. WATER QUALITY MONITORING .......................................... ::......................................................................... 13 ATTACHMENT II; GENERAL TERMS AND CONDITIONS............................................................ 15 A. RECIPIENT PERFORMANCE...........................................................................................................................15 B. SUBGRANTEEXONTRACTOR COMPLIANCE............................................................ :................................ 15 C. THIRD PARTY BENEFICIARY...........................................................................................................I...I.........15 D. CONTRACTING FOR SERVICES (BIDDING).................................................................................................15 E. ASSIGNMENTS..................................................................................................................................................15 F. COMPLIANCE WITH ALL LAWS.....................................................................................................................15 G. KICKBACKS.......................................................................................................................................................15 H. AUDITS AND INSPECTIONS...........................................................................................................................16 1. PERFORMANCE REPORTING...........................................................................................................................16 J. COMPENSATION..............................................................................................................................................16 K. TERMINATION..................................................................................................................................................17 L. WAIVER.................................................................................................................................... .................18 M. PROPERTY RIGHTS..........................................................................................................................................18 N. SUSTAINABLE PRODUCTS........................................................................................................................19 O. RECOVERY OF PAYMENTS TO RECIPIENT.................................................................................................19 P. PROJECT APPROVAL................................................................................................................................19 Q. DISPUTES ...................................................... ......................................................................................................19 R. CONFLICT OF INTEREST..................................................................................................................................19 S. INDEMNIFICATION...........................................................................................................................................20 T. GOVERNING LAW.......................................................................................................................................... .20 U. SEVERABILITY.......................................................................................................................................I.........20 V. PRECEDENCE...............................................................................................................................I....................20 W. SUSPENSION........................................................................................................................... .....................20 11 2013-15 BIENNIAL MUNICIPAL STORMWATER GRANTS OF REGIONAL OR STATEWIDE SIGNIFICANCE Funding Agreement Between THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND SNOHOMISH COUNTY THIS is a binding agreement between the state of Washington Department of Ecology (DEPARTMENT) and the Snohomish County (RECIPIENT). The purpose of this agreement is to provide funds to the RECIPIENT, who will carry out the requirements described in this agreement. PART I. GENERAL INFORMATION Project Title: Natural Yard Care — Comparison & Evaluation of Regional Programs Grant Number: G1400481 State Fiscal Year: FY 2014 Total Project Cost: $256,300 Total Eligible Cost: $256,300 DEPARTMENT Share: $25.6,300 RECIPIENT Share: • $0 DEPARTMENT,Maximum Percentage: 100 % RECIPIENT Information RECIPIENT Name: Snohomish County Mailing Address: 3000 Rockefeller Ave MS 607 Everett, WA 98201-4044 Fax Number: 425-388-6455 Federal Taxpayer ID Number: 91-6001368 PROJECT Manager: Email Address: Phone Number: PROJECT Financial Officer: Email Address: Phone Number: 1 Suzi Wong Swint swswint rr,snoco.org 425-388-6476 Evelyn Fotheringill evelvn.fotheringili cnr.snoco.org- 425-388-6675 DEPARTMENT Contact Information Project Manager: Email Address: Phone Number: Address: ® Northwest WA State Department of Ecology Northwest Regional Office 3190 160"' Ave SE Bellevue, WA 98008-5452 Fax (425) 649-7098 ❑ Southwest WA State Department of Ecology Southwest Regional Office P.O. Box 47775 Olympia, WA 98504-7775 Fax (360) 407-6305 ❑ Bellingham WA State Department of Ecology Bellingham Field Office 1440 loth Street, Suite 102 Bellingham, WA 98225 Fax (360) 715-5225 Financial Manager: Email Address: Phone Number: Amie Dettelbach annc.dettelbaclr ec .wa. o� 425-649-7093 ❑ Central WA State Department of Ecology Central Regional Office 15 West Yakima Ave, Suite 200 Yakima, WA 98902-3452 Fax (509) 575-2809 ❑ Eastern WA State Department of Ecology Eastern Regional Office N. 4601 Monroe Spokane, WA 99205-1295 Fax (509) 329-3570 ❑ Headquarters WA State Department of Ecology P.O. Box 47600 Olympia,. WA 98504-7600 Fax (360) 407-6426 - Layne Slone 1ayiie.sloaie ec .wa. ov 360-407-6225 Fax Number: 360-407-7151 Address: WA State Department of Ecology Water Quality Program, FMS P.O. Box 47600 Olympia, WA 98504-7600 14 DEPARTMENT Contact Information Project Manager: Email Address: Phone Number: Address: ® Northwest ____WA -State Department ofEcology___ Northwest Regional Office 3190 160"' Ave SE Bellevue, WA 98008-5452 Fax (425) 649-7098 ❑ Southwest WA State Department of Ecology Southwest Regional Office P.O. Box 47775 Olympia, WA 98504-7775 Fax (360) 407-6305 ❑ Bellingham WA State Department of Ecology Bellingham Field Office 144010th Street, Suite 102 ' Bellingham, WA 98225 - Fax (360) 715-5225 Financial Manager: Anne Dettelbach anne.dettelbach@ecy.wa.gov 425-649-7093 ❑ Central WA State. Department of Ecology Central Regional Office 15 West Yakima Ave, Suite 200 Yakima, WA 98902-3452 Fax (509) 575-2809 ❑ Eastern WA State Department of Ecology Eastern Regional Office N. 4601 Monroe Spokane, WA 99205-1295 Fax (509) 329-3570 ❑ Headquarters WA State Department of Ecology P.O. Box 47600 Olympia,_WA 98504-7600 Fax (360) 407=6426 Layne Slone Email Address: Igyne.sione@ecy.wa.gov Phone Number: 360-407-6225 Fax Number: 360-407-7151 Address: WA State Department of Ecology Water Quality Program, FMS P.O. Box 47600 Olympia, WA 98504-7600 2 CHECK ALL THAT APPLY: 0 2013-15 Biennial Municipal Stormwater Grants of Regional or Statewide Significance (state funds): ® Yes 0 Amount: $256,300, Funded with Local Toxics Control Account — State G Increased Oversight? ❑ Yes N No The effective date of this agreement is the October 31, 2013. This agreement expires: February 28, 2015. Post Project Assessment date — three years after the expiration date of the agreement (see Post Project Assessment in Attachment I): February 28, 2016. PART II. PROJECT SUMMARY This project will address water quality for the state of Washington. The RECIPIENT will implement two distinctly different Natural Yard Care (NYC) program delivery strategies. The RECIPIENT will design and initiate statistically valid evaluation tools to reveal which program style and individual program elements yield the best rate of new behavior adoption and largest return on investment. The strategies to be tested are: 1) Classroom Lectures being presented in North Sound (greater Snohomish County) communities; and 2) Backyard Demonstrations being conducted in South Sound (Lacey, Tumwater, and Unincorporated Thurston County) neighborhoods, and advertised in Unincorporated Snohomish County neighborhoods. The project will target single family homeowners residing in urban and suburban areas. [Remainder of this page left intentionally blank] PART III. PROJECT BUDGET Natural Yard Care — Comparison, & Evaluation of Regional Programs TASKS/ELEMENTS TOTAL **TOTAL PROJECT ELIGIBLE COST COST (TEC) 1 - Project Administration/Management $13,700 $13,700 2 - Evaluation $77,800 $77,800 3 - North Sound Classroom Lectures � $90,000 $90,000 4 - Backyard Demonstrations $74,800 $74,800 Total $256,300 J$ii56,300 *X The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost. MATCHING REQUIREMENTS DEPARTMENT Share: maximum 100% of TEC $256,300 PART IV. PROJECT GOALS AND OUTCOMES A. Financial Assistance Water Quality Project Goals; The overall goals of this project are focused on the protection of Puget Sound and include one or more of the following: ® Assists a number of permittees in a region or statewide to implement permit requirements. ® Develops a product that is transferable regionally or statewide. ❑ Purchases equipment and/or personal services contracts that support activities for multiple permittees. ❑ Advances regional and statewide access to stormwater management technology or resources. B. Water Quality and Environmental Outcomes: The following are the anticipated water quality and environmental improvements from the project. 1. Adoption of at least one Natural Yard Care (NYC) Best Management Practice (BMPs) to improve water quality by 50 percent of program participants. 4 PART III. PROJECT BUDGET Natural Yard Care — Comparison & Evaluation of Regional Programs TASKS/ELEMENTS 1 - Project Administration/Management TOTAL PROJECT COST **TOTAL ELIGIBLE COST (TEC $13,700 $13,700 2 - Evaluation $77,800 $77,800 3 - North Sound Classroom Lectures $90,000 $90,000 4 - Backyard Demonstrations $74,800 $74,800 Total $256,300 $256,300 Xx The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost. MATCHING REQUIREMENTS DEPARTMENT Share: maximum 100% of TEC $256,300 PART IV. PROJECT GOALS AND OUTCOMES A: Financial Assistance Water Quality Project Goals: The overall goals of this project are focused on the protection of Puget Sound and include one or more of the following: ® Assists a number of permittees in a region or statewide to implement permit requirements. Develops a product that is transferable regionally or statewide. ❑ Purchases equipment and/or personal services contracts that support activities for multiple permittees. ❑ Advances regional and statewide access to stormwater management technology or resources. B. Water Quality and Environmental Outcomes: The following are the anticipated water quality and environmental improvements from the project. 1. Adoption of at least one Natural Yard Care (NYC) Best Management Practice (BMPs) to improve water quality by 50 percent of program participants. 4 2. Provide consistent yet customizable NYC BMP messaging for use across multiple jurisdictions. C. Performance Items and Deliverables: The following are the anticipated action items that will play an integral role in implementation of the project. 1. Establish collaborative, multi jurisdictional partnerships in Snohomish and Thurston Counties to implement NYC programming. 2. Provide classroom and/or field -based NYC programming to at least 500 Puget Sound residents. 3. Develop a plan and tools for comparison and evaluation of the two distinctive programs being implemented. 4. Disseminate project methodology, performance measurement tools and near -term findings using various means. PART V. SCOPE OF WORK Task I - Project Administration/Management A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation, progress reports and RECIPIENT closeout report (including photos); compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of,' and compliance with all-reiiuired permits, licenses, easements, or property rights -necessary for the project; and submittat of required performance items. B. The RECIPIENT must manage the project. Efforts will include: conducting, coordinating (including Engaged Partners Information Consortium (EPIC) meetings), and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; the DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT must carry out this project in accordance with any completion dates outlined in this agreement. Required Performance: I . Administer and manage the project and records. 2. Facilitate and coordinate at least six Engaged Partners Information Consortium (EPIC) meetings. 3. Submit all required requests for reimbursement and corresponding backup documentation, progress reports, 2-page Project Outcomes Summary, and RECIPIENT Final Report and performance items, in a timely manner. Task 2 — Evaluation A. The RECIPIENT will be responsible for developing a two-year program evaluation plan; gathering a baseline from the North and South Puget Sound target areas; and gathering pre- and post -workshop survey data from participants. B. The RECIPIENT will prepare a final project report, which describes the project design and process (including neighborhood targeting and materials development, and evaluation tools developed to support the project). C. The RECIPIENT will present information about the project design and process and evaluation approach at the November 2014 Annual STORM Symposium. Required Performance: 1. Develop the project evaluation plan. 2. Distribute pre- and immediate post -workshop participant surveys and collect raw data. 3. Draft final report to the DEPARTMENT for review and comments by January 31, 2015. 4. Provide final report and design information to the DEPARTMENT by February 28, 2015. 5. Provide and present project design information at the November 2014 Annual STORM Symposium. Task 3 = North'Sound Classroom Lectures - A. The RECIPIENT will be responsible for coordinating the lectures; gathering participants (send invitations to a minimum of 50,000 households); and providing participant lecture materials at seven locations around urban/suburban Snohomish County by October 31, 2014. B. The RECIPIENT will create a classroom lectures summary report. Required Performance: 1. Coordinate seven 3-part lecture series, with a minimum of 500 participants, and provide participant materials. 2. Submit classroom lectures summary report to the DEPARTMENT. 3. Submit lecture series sign -in sheets, and handout materials to the DEPARTMENT. T Task 2 — Evaluation A. The RECIPIENT will be responsible for developing a two-year program evaluation plan; gathering a baseline from the North and South Puget Sound target areas; and gathering pre- and post -workshop survey data from participants. B. The RECIPIENT will prepare a final project report, which describes the project design and process (including neighborhood targeting and materials development, and evaluation tools developed to support the project). C. The RECIPIENT will present information about the project design and process and evaluation approach at the November 2014 Amival STORM Symposium. Required Performance: Develop the project evaluation plan. 2. Distribute pre- and immediate post -workshop participant surveys and collect raw data. 3. Draft final report to the DEPARTMENT for review and comments by January 31, 2015. 4. Provide final report and design information to the DEPARTMENT by February 28, 2015. 5. Provide and present project design information at the November 2014 Annual STORM Symposium. Task 3 = North -Sound Classroom -Lectures -. - - - A. The RECIPIENT will be responsible for coordinating the lectures; gathering participants (send invitations to a minimum of 50,000 households); and providing participant lecture materials at seven locations around urban/suburban Snohomish County by October 31, 2014. B. The RECIPIENT will create a classroom lectures summary report. Required Performance: 1. Coordinate seven 3-part lecture series, with a minimum of 500 participants, and provide participant materials. 2. Submit classroom lectures sumrnary report to the DEPARTMENT. 3. Submit lecture series sign -in sheets, and handout materials to the DEPARTMENT. 31 Task 4 -- Backyard Demonstrations A. The RECIPIENT will be responsible for coordinating backyard demonstrations in the South Sound (Lacey, Tumwater, and Unincorporated Thurston County); gathering participants (send invitations to a minimum of 10,000 households); and providing demonstration materials. B. The RECIPIENT will be responsible for advertising backyard demonstrations in Unincorporated Snohomish County. Invitations will be sent to a minimum of 5,000 households. C. The RECIPIENT will create a backyard demonstrations summary report. Required Performance: 1. Submit a draft template of advertisements and backyard demonstration handouts to the DEPARTMENT for review prior to advertisement mail out and demonstration events. 2. Coordinate natural lawn care backyard workshops in the South Sound (Lacey, Tumwater, and Unincorporated Thurston County) for a minimum of 100 participants. Provide participants with personalized lawn coaching, and opportunities to participate in hands-on backyard demonstrations. Submit lecture series sign -in sheets and final handout materials to the DEPARTMENT. 3. Advertise backyard demonstrations to Unincorporated Snohomish County households: Submit the mailing list and final advertisements, to,the DEPARTMENT. 4. Submit backyard demonstrations summary report to the DEPARTMENT. PART VI. SPECIAL TERMS AND CONDITIONS A. Documents for Review. The plans, specifications, contract documents, and addenda must be approved by the RECIPIENT prior to submittal for DEPARTMENT review. B. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project within four months of the signatory date, the DEPARTMENT reserves the right to terminate this agreement. C. Printed and Electronic Materials. Printed and electronic materials, including but not limited to brochures, web pages, evaluations, and applications must be offered to the DEPARTMENT for review and approval before printing or using electronically. D. Evaluations and Surveys. All evaluations and surveys must be used to direct education and outreach resources most effectively, as well as to evaluate changes in knowledge and adoption of the targeted behaviors. 7 E. Funding Availability. The DEPARTMENT'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 completion or expiration date of this agreement, the DEPARTMENT, 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. The DEPARTMENT may also elect to suspend perfo►nuance of the agreement until the DEPARTMENT determines the funding insufficiency is resolved. The DEPARTMENT may exercise any of these options with no notification restrictions. PART VII. ALL WRITINGS CONTAINED HEREIN The following contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein: • This agreement. • Attachment I: General Project Management Requirements. • Attachment II: General Terms and Conditions. • The effective edition, at the signing of this agreement, of the DEPARTMENT's "Administrative Requirements for Recipients of Ecology Grants and Loans" (Yellow Book). • The associated funding guidelines that correspond to the fiscal year in which the project is funded. • The applicable statutes and regulations. No subsequent modifications or amendments of this agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the. DEPARTMENT may redistribute`the grant budget." The DEPARTMENT of the RECIPIENT may change their respective staff contacts without the concurrence of either party. The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the terms of this agreement, the attaclunents, all incorporated or referenced documents, as well as al applicable statutes, rules, and guidelines mentioned in this agreement. IN WITNESS WHEREOF, the parties hereby sign this agreement: STATE OF WASHINGTON SNOHOMISH COUNTY DEPARTMENT OF ECOLOGY If az�io lZo/, &/,,/ / U�,� 0 �Z DONALD A. SEEBERGER DATE PET tR B. YOMP DATE WATER QUALITY PROGRAM EXECUT E DIRECTOR ACTING MANAGER Approved As To Form: Offiee of the Attorney General 8 E. funding Availabili The DEPARTMENT'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 completion or expiration date of this agreement, the DEPARTMENT, 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. The DEPARTMENT may also elect to suspend performance of the agreement until the DEPARTMENT determines the funding insufficiency is resolved. The DEPARTMENT may exercise any of these options with no notification restrictions. PART VII. ALL WRITINGS CONTAINED HEREIN The following contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein: ■ This agreement. • Attachment I: General Project Management Requirements. • Attachment II: General Terms and Conditions. • The effective edition, at the signing of this agreement, of the DEPARTMENT's "Administrative Requirements for Recipients of Ecology Grants and Loans" (Yellow Book). • The associated funding guidelines that correspond to the fiscal year in which the project is funded. • The applicable statutes and regulations. No subsequent modifications or amendments of this agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the - DEPARTMENT shayredistribute'the-grant budget. "The DEPARTMENT of"th& RECIPIENT may change their respective staff contacts without the concurrence of either party. The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the terms of this agreement, the attachments, all incorporated or referenced documents, as well as all applicable statutes, rules, and guidelines mentioned in this agreement. IN WITNESS WHEREOF, the parties hereby sign this agreement: STATE OF WASHINGTON SNOHOMISH COUNTY DEPARTMENT OF ECOLOGY lkv a DONALD A. SEEBERGER DATE PE ThR B. ON P DATE WATER QUALITY PROGRAM EXECUT E DIRECTOR ACTING MANAGER Approved As To Form: Office of the Attorney General 8 ATTACHMENT I: General Project Management Requirements for the 2013-15 Biennial Municipal Stormwater Grants of Regional or Statewide Significance Funding Agreement A. ARCHEOLOGICAL AND CULTURAL RESOURCES RECIPIENT must comply with all requirements listed in Executive Order 05-05 prior to implementing any project that involves soil disturbing activity. RECIPIENT must conduct and submit a cultural resources survey or complete and submit an EZ-1 Form to the DEPARTMENT's project manager prior to any soil disturbing activities. The DEPARTMENT will contact the Department of Archaeology and Historic Preservation (DAHP) and affected tribes regarding the proposed project activities in order to meet Executive Order 05-05 requirements. Any prior communication between the RECIPIENT, the DAHP, and the tribes is not sufficient to meet requirements. Any mitigation measures as an outcome of this process will be requirements of this agreement. Any soil disturbing activities that occur prior to the completion of the Executive Order 05- 05 process will not be eligible for reimbursement. Activities associated with cultural resources review are grant eligible and reimbursable. The Department of Archaeology and Historic. Preservation has provided guidance that can be accessed online at: lrttp://www.dahp.wa.goy/pages/Doctnnents/EnviromnentalReview.litm and littp:Ilwww.dahp.wa.gov/pages/EnvhoruneiitalReview/documents/eo0505Guidance 000.pdF B. EDUCATION AND OUTREACH RECIPIENT must do a regional search for existing materials before producing any new educational flyers or pamphlets. The RECIPIENT must request the use of those materials before time and resources are invested to duplicate materials that are already available. RECIPIENT must also check the Washington Waters website littp://www.ccy.wa.gov/washingtQll waters/index.html for useful educational materials. These materials are available for public use and can be downloaded directly from the website. RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy on a CD-ROM of any tangible educational products developed under this grant, such as brochures, manuals, pamphlets, videos,.audio tapes, CDs, curriculum, posters, and media announcements or gadgets, such as a refrigerator magnet with a message. If this is not practical, the RECIPIENT must provide a complete description including drawings, photographs, or printouts of the product. E RECIPIENT must also supply the DEPARTMENT with the names and contact information of local project leads. If there are a significant number of people in the community that speak languages other than English, then the RECIPIENT must produce all public outreach materials, pamphlets, fliers, meeting notices, reports, and other educational materials in English and in the other prevalent language. C. EQUIPMENT PURCHASE RECIPIENT trust get written, prior approval from the DEPARTMENT for any equipment purchase. D. FUNDING RECOGNITION RECIPIENT must inform the public about DEPARTMENT funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, or other public announcements. Projects addressing site -specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from the DEPARTMENT upon request. E. INCREASED OVERSIGHT If this project is selected for increased oversight, the RECIPIENT must submit all backup documentation with each payment request submittal. In addition, the DEPARTMENT's Project Manager must establish a schQdule for additional site visits to,provide technical.:, assistance to the RECIPIENT and verify progress or payment information. F. INDIRECT RATE To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent based on employees' direct salary and benefit costs incurred while conducting project -related work. The DEPARTMENT's Financial Manager may require a list of items included in the indirect rate at any time. G. MINORITY AND WOMEN'S BUSINESS PARTICIPATION RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. 10 RECIPIENT must also supply the DEPARTMENT with the names and contact information of local project leads. If there are a significant number of people in the community that speak languages other than English, then the RECIPIENT must produce all public outreach materials, pamphlets, fliers, meeting notices, reports, and other educational materials in English and in the other prevalent language. C. EQUIPMENT PURCHASE RECIPIENT must get written, prior approval from the DEPARTMENT for any equipment purchase. D. FUNDING RECOGNITION RECIPIENT must inform the public about DEPARTMENT funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, or other public announcements. Projects addressing site -specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from the DEPARTMENT upon request. E. INCREASED OVERSIGHT If this project is selected for increased oversight, the RECIPIENT must submit all backup documentation with each payment request submittal. In addition, the DEPARTMENT's Project Manager must establish a schedule for additional site visits -to.-provide technical-.:., assistance to the RECIPIENT and verify progress or payment information. F. INDIRECT RATE To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent based on employees' direct salary and benefit costs incurred while conducting project-related.work. The DEPARTMENT's Financial Manager may require a list of items included in the indirect rate at any time. G. MINORITY AND WOMEN'S BUSINESS PARTICIPATION RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. 10 b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. Please include the following information: a) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub -and/or sub -subcontractors. b) The total dollar amount paid to qualified firms under this invoice. H. PAYMENT REQUEST SUBMITTALS Payment Request Submittals._ The DEPARTMENT's Project5inancial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Payment Schedule. Payments will be made on a cost -reimbursable basis. Frequency. The RECIPIENT must submit payment requests at least quarterly but no more often than monthly, unless allowed by the-DEPARTMENT's Financial Manager. Sunnortinu Documentation. The RECIPIENT must submit all payment request vouchers and supportive documentation to the DEPARTMENT's Financial Manager. Payment request voucher submittals are based on match requirements found in the budget. ltevnrtiir, Edigible Costs. The RECIPIENT must report all eligible costs incurred on the project, regardless of the source of funding for those costs. This includes costs used as match. All eligible and ineligible project costs must be separate and identifiable. Copies of all applicable forms must be included with an original A194A, and must be submitted to the DEPARTMENT. Blank forms are found in Administrative Reguirements for Recil2ients of Ecology Grants and Loans at httlr:/hvww.ecy.wa.goy/biblio/9118.litnii. Required Forms: Where Eligible Costs Have Incurred: Fortin A19-IA (original signature) Form E (ECY 060-12) Form B2 (ECY 060-7) Form F (ECY 060-13) Form C2 (ECY 060-9) Form D (ECY 060-11) Form G (ECY 060-14) Form H (F-21) Fortin I (ECY 060-15) 11 I. POST PROJECT ASSESSMENT RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project three years after project completion. DEPARTMENT's Water Quality Program Performance Measures Lead will contact the RECIPIENT before the Post Project Assessment date to request this data. DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, as part of this assessment. J. PROCUREMENT RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. Eligible and ineligible project costs are separate and identifiable for billing purposes. If professional services are contracted, the RECIPIENT will submit a copy of the final contract to the DEPARTMENT's Project/Financial Manager. K. PROGRESS REPORTS RECIPIENT must submit quarterly progress reports to the DEPARTMENT's Financial Manager and Project Manager. Payment requests will not be processed without a progress report. Report Content, At a minimum, all progress reports must contain a comparison of actual accomplishments to the objectives established for the period, the reasons for delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified in this agreement. The RECIPIENT must also attach all landowner agreements signed during the respective quarter to each progress report. Reporting Periods: Quarterly progress reports are due 15 days following the end of the quarter: • January 1 through March 31 • April 1 through June 30 • July 1 through September 30 • October 1 through December 31 L. REQUIRED DOCUMENT SUBMITTALS RECIPIENT must submit the following documents to the DEPARTMENT as requested by the DEPARTMENT's Project Manager or Financial Manager: ■ Draft project completion report —1 copy. ■ Electronic copy of final project completion report —1 copy. • Final project completion report —1 copy. 12 I. POST PROJECT ASSESSMENT RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the status of long -terra environmental results or goals from the project three years after project completion. DEPARTMENT's Water Quality Program Performance Measures Lead will contact the RECIPIENT before the Post Project Assessment date to request this data. DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, as part of this assessment. J. PROCUREMENT RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. Eligible and ineligible project costs are separate and identifiable for billing purposes. If professional services are contracted, the RECIPIENT will submit a copy of the final contract to the DEPARTMENT's Project/Financial Manager. K. PROGRESS REPORTS RECIPIENT must submit quarterly progress reports to the DEPARTMENT's Financial Manager and Project Manager. Payment requests will not be processed without a progress report. Report Content. At a minimum, all progress reports must contain a comparison of actual accomplishments to the objectives established for the period, the reasons for delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified in this agreement. The RECIPIENT must also attach all landowner agreements signed during the respective quarter to each progress report. Reporting Periods. Quarterly progress reports are due 15 days following the end of the quarter: + January 1 through March 31 + April 1 through June 30 • July 1 through September 30 o October 1 through December 31 L. REQUIRED DOCUMENT SUBMITTALS RECIPIENT must submit the following documents to the DEPARTMENT as requested by the DEPARTMENT's Project Manager or Financial Manager: Draft project completion report —1 copy. Electronic copy of final project completion report—1 copy. ® Final project completion report —1 copy. 12 I o Educational products developed under this agreement — up to 2 copies. m Documents that require DEPARTMENT Approval — 2 copies (one for the DEPARTMENT and one for the RECIPIENT). • Interlocal agreements —1 copy for the DEPARTMENT's Project/Financial Manager. • Professional services procurement agreements — I copy to the DEPARTMENT's Project/Financial Manager. M. SPECIAL CONDITION FOR SNOHOMISH COUNTY AND KING COUNTY For either Snohomish County or King County: When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein will be contingent upon appropriation of fiends by the RECIPIENT's governing body; provided that nothing contained herein will preclude the DEPARTMENT from demanding repayment of funds paid to the RECIPIENT in accordance with Section O of the appended General Terms and Conditions. N. WATER QUALITY MONITORING ,Quality Assurance Project Plan (QAPP). Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP). The QAPP must follow Ecology's Guidelines and Specifications for Preparing Quality Assurance Project Plans for Environmental Studies, February 2001 (Ecology Publication No. 01-03- 003). The applicant may also reference the Technical Guidance for Assessing the Quality of Aquatic Environments, revised February 1994 (Ecology Publication No. 91-78) or more current revision; in developing the QAPP. RECIPIENT must submit the QAPP to the DEPARTMENT's project manager for review, comment, and must be approved before starting the environmental monitoring activities. RECIPIENT must use an environmental laboratory accredited by the DEPARTMENT to analyze water samples for all parameters to be analyzed that require bench testing. Information on currently accredited laboratories and the accreditation process is provided on the Department of Ecology's Environmental Assessment Program's website, available at: l i t t i). //www. ecy. wa. go v/i)rogi-a in s/eap/1 a bs/sy a rcli .lit iii I RECIPIENT should manage all monitoring data collected or acquired under this agreement in order to be available to secondary users and meet the "ten-year rule." The ten-year rule means that data documentation is sufficient to allow an individual not directly familiar with the specific monitoring effort to understand the purpose of the data set, methods used, results obtained, and quality assurance measures taken ten years after data are collected. Monitorinp, Data Submittal / Environmental Information Management System. Funding recipients that collect water quality monitoring data must submit all data to the DEPARTMENT through the Environmental Information Management System (EIM). Data must be submitted by following instructions on the EIM website, currently available at: 13 httlrllw%vw.ecy, %va. govie i i n The data submittal portion of the EIM website provides information and help on formats and requirements for submitting tabular data. Specific questions about data submittal can be directed to the EIM Data Coordinator, currently available at: eim data coordinator r .ecy.wa,gov If GIS data is collected, the DEPARTMENT's data standards are encouraged. An Ecology Focus Sheet entitled GIS Data and Ecology Grants (Publication No. 98-1812-SEA) outlines the standards. Common standards must be used for infrastructure details, such as geographic names, Geographic Information System (GIS) coverage, list of methods, and reference tables. 14 h"P-//www.ecY'wa. RoV/ei In The data submittal portion of the EIM website provides information and help on formats and requirements for submitting tabular data. Specific questions about data submittal can be directed to the EIM Data Coordinator, currently available at: eim data coordinator@ea.wa.gov - If GIS data is collected, the DEPARTMENT'S data standards are encouraged. An Ecology Focus Sheet entitled GIS Data and Ecology Grants (Publication No. 98-1812-SEA) outlines the standards. Common standards must be used for infrastructure details, such as geographic names, Geographic Information System (GIS) coverage, list of methods; and reference tables. 14 ATTACHMENT II: General Terms And Conditions Pertaining To Grant And Loan Agreements Of The Department Of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for constriction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 4. The RECIPIENT shall comply fiilly with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 5. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally -funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan fiords available to women or minority owned businesses. 6. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 7. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. 15 H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by find source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall.be accompanied by a statement of the action taken -or proposed and any assistance needed -from the DEPARTMENT to resolve the situation: Payments may be withheld if required progress reports'are not submitted. - Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July I through September 30, and October l through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall noimially be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT'and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for RECIPIENTS of Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 16 H. AUDITS AND INSPECTIONS I . The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. Al grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPEBNT slialI provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall. be accompan;ed by a statement of the. action taken'or proposed and any assistance needed- from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports -are -not submitted. " Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT'and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for RECIPIENTS of Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 101 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.5. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to tine DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further fronds there under and/or terminate this agreement by giving written notice of termination. A written notice of termination shalUbe given at least five working days prior to the effective date of termination: hi that event, all finished -or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal finds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of finds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL fiends paid to the RECIPIENT in accordance with Section O herein. 17 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a Breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with fiords furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be, returned to the DEPARTMENT prioi'to final'payineiit-by the DEPARTMENT. If-said:property is lost, stolen or` damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes fluids for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance 18 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a lireach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. -- - - — --M.-PROP-ERTV-RIGHTS--�- - 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable properly, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or properly and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with finds furnished by the DEPARTMENT in the absence of state, federal statite(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT pride to AW payment by the DEPARTMENT. if -said. -property is lost, stolen or' damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or. facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance 18 which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g., recycled paper). For more information, see l n t tl z: //iv%v w.ecy. w,i wgov/s a sta i nabi I i ty/. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan fiords disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall repot and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days iron the date of receipt of such statement, the RECIPIENT mails or otherwise fiuuishes,to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause; the RECIPIENT shall have tine opportunity to be heard and to offer evidence -in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or tine Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either panty to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. 19 S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be lield responsible for payment of salaries, consultant's fees, and other costs related to -the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the Slate of Washington permit, each party shall indemnify and hold the otlier harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V.PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans'; and (e) the General Terms and Conditions.. W. SUSPENSION The obligation of DEPARTMENT to make payments is contingent on the availability of fiords. In the event finding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this agreement, DEPARTMENT may elect t6 renegotiate the agreement subject to new finding limitations and conditions or terminate the agreement, in whole or part. DEPARTMENT may also elect to suspend performance of the agreement until such time as DEPARTMENT determines that the funding insufficiency is resolved in lieu of terminating the agreement. DEPARTMENT will provide written notice to RECIPIENT if finding is not available. SS-010 Rev. 04/04 20 S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to -the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V.PRE CEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terns incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans'; and (e) the General Terms and Conditions.. W. SUSPENSION The obligation of DEPARTMENT to make payments is contingent on the availability of funds. 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 completion or expiration date of this agreement, DEPARTMENT may elect to renegotiate the agreement subject to new funding limitations and conditions or terminate the agreement, in whole or part. DEPARTMENT may also elect to suspend performance of the agreement until such time as DEPARTMENT determines that the funding insufficiency is resolved in lieu of terminating the agreement. DEPARTMENT will provide written notice to RECIPIENT if funding is not available. SS-010 Rev. 04/04 00 EXHIBIT B Classroom Lecture Educational Program Households to Invite to Workshops & Maximum 2015 Contributions t Number of Percentage Maximum Households of Total Phase 3 & 4 Invited Households Effectiveness ($0.9727/hh invited) Invited Assessment Entity Contribution City of Arlington — _ _ _ 1,352 2.63% $1,315 City of Marysville— _ __ 5,002 - 9.73% I - - $4,865 City of Granite Falls _. Y _ _ _ 921 1.79% $896 City of Everett _ 5,060 9.84% f $4,922 City of Mill Creek 996 1.94% $969 City of Bothell - I 919 1.79% $894 City of Monroe 3,431 6.67% _ $3,337 City of Snohomish _ 2,238 4.35% f $2,177 City of Mukilteo 1,798 3.50% $1,749 City of Edmonds ` _ 3,975 7.73% $3,866 City of Lynnwood _ 2,755 _ 5.36% $2,680 City of Brier 853 1.66% $830 City of Mountlake Terrace — 1,919 3.73% $1,867 T l h h ld .. 't d f CI o a ouse o s invi a rom assroom Lecture cities Total maximum contribution to Phase 3 & 4 of Effectiveness Assessment from Classroom Lecture cities SnoCo-Arlington UGA SnoCo-Seven Lakes SnoCo-Marysville UGA I _SnoCo-Granite_Falls UGA _ SnoCo-Lake Stevens UGA SnoCo-Everett UGA SnoCo-Gap 2 SnoCo-Mill Creek UGA SnoCo-South County SnoCo-Gap 1 SnoCo-Bothell UGA SnoCo-Monroe UGA SnoCo-Snohomish UGA 31,219 1 60.70% 60.70 % 276 0.54% 524 ^ T 1.02% 533 1.04% 1,119 2.18% 2,547 - 4.95% 2,202 4.28% _— 876 �_ 1.70% 2,1901 4.26% -- -1.42% 732 1,075 2.09% 1,588 3.09% — 984 1.91% 969 1.88% $30,367 $268 $510 $518 $1,088 $2,477 $2,142 $852 $2,130 $712 $1,046 $1,545 $957 $943 INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 21 PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014. SnoCo-Mukilteo UGA SnoCo-Edmonds UGA SnoCo-Gap 3 SnoCo-Lynnwood UGA SnoCo-Brier UGA SnoCo-MLT UGA Total households invited to Classroom Lectures from Snohomish County Total maximum contribution to Phase 3 & 4 of Effectiveness Assessment from Snohomish County (Classroom Lecture) 1,024 1.99% 409 0.80% — 830 1.61% 1,743 E 3.39% 581 1.13% 9 0.02% INTERLOCAL AGREEMENT FOR NATURAL YARD CARE PUBLIC OUTREACH AND EVALUATION PROGRAM 20,211 39.30% 39.30% $996 $398 $807 $1,695 $565 $9 $19,658 Pg. 22 03/05/2014. SnoCo-Mukilteo UGA 1,024 1.99% $996 SnoCo-Edmonds UGA 409 0.80% $398 SnoCo-Gap3 830 1.61% $807 SnoCo-L nnwood UGA 1,743 3.39% $1,695 SnoCo-Brier UGA 581 1.13% $565 SnoCo-MLT UGA 9 0.02% $9 Total households invited to Classroom Lectures from Snohomish Count- Total maximum contribution to Phase 3 & 4 of Effectiveness Assessment from Snohomish County (Classroom Lecture) 20,211 39.30% ^� 39.30% i $19 658 INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 22 PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014. EXHIBIT C Backyard Demonstration Educational Program Number of Participants at Workshops & Maximum 2015. Contributions Number of Percentage of Maximum' Participants Total Phase 3 & 4 Contributions Effectiveness Backyard Assessment Cfor Demonstration Contribution _Entity _ j Ed Program City ofTumwater30 f 7.26% $4,226.09 Thurston County 85 i 20.57% _$11,973.91 i Total participating households (not including Olympia) 115 Total maximum contribution to Phase 3 & 4 Effectiveness Assessment from Backyard Demonstration Entities . other than Olympia _ _ 27.83% $16,200 City of Olympia 280 72.17% $42,000 Total maximum contribution to Phase 3 & 4 Effectiveness Assessment from Backyard Demonstration Entities , $58,200 INTERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 23 PUBLIC OUTREACH AND EVALUATION PROGRAM 03/05/2014.