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Grant agreement with WA Department of Ecology for Water Resource Streamflow Restoration Project Planning agreement BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON ACCEPT GRANT AGREEMENT BETWEEN WASHINGTON STATE ) RESOLUTION NO 19 a 15 DEPARTMENT OF ECOLOGY AND LEWIS COUNTY FOR THE PURPOSE OF WATER RESOURCE STREAMFLOW RESTORATION PROJECT PLANNING AND AUTHORIZATION FOR THE DIRECTOR OF ) COMMUNITY DEVELOPMENT TO SIGN THE SAME ON BEHALF OF ) LEWIS COUNTY WHEREAS, ESSB 6091 was passed January 2018 and signed into law on January 28, 2018, and WHEREAS,in response to the Washington State Legislature passage of ESSB 6091 aka the Hirst Fix the Chehalis Basin Partnership(Planning Unit)and the Water Resource Inventory Area 13 work group commenced a watershed plan amendment and the preparation of a watershed plan, respectively, to address the requirements of the Streamflow Restoration Act(RCW 90 94.200),and WHEREAS, Lewis County received a grant offer from the Department of Ecology to offset the costs associated with participation in the streamflow restoration planning process established by RCW 90.94 in Water Resource Inventory Areas(WRIAs 23 and 13),and WHEREAS, it appears to be in the best public interest to accept the grant agreement NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners,accepts Water Resources Streamflow Restoration Project Planning Grant Agreement and authorizes the Director of Community Development to sign the same on behalf of Lewis County DONE IN OPEN SESSION this day of cz-0-e,A.bf X2019 APPROVED AS TO FORM ,-BOARD e F COUNTY COMMISSIONERS Jonathan Meyer Prosecuting Attorney LEWIS 'OUNTY,WASHINGTO By Depu y Prosecuting Attorney Robert Jackson Chair ATTEST Gary Stam er,Vice Char •••• •°COUN •• Rieva Lester,Clerk of the Board — ��• Edna J Fund, Co issioner 6C) " ' s te SINCE It s , l'.? 1845 RI 7• . i4 r•"z,0\ y 1.55. 4 l} DEPARTMENT OF ECOLOGY State of Washington - 14.1 Agreement No. WRSRPPG-2018-LcCd-00055 WATER RESOURCES STREAMFLOW RESTORATION PROJECT PLANNING GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND LEWIS COUNTY COMMUNITY DEVELOPMENT This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as `ECOLOGY and Lewis County Community Development,hereinafter referred to as the"RECIPIENT,"to carry out with the provided funds activities described herein GENERAL INFORMATION Project Title Lewis County Participation in Streamflow Restoration Planning Groups Total Cost $120,000.00 Total Eligible Cost ., a $120,000 00 P Ecology Share r $120 000 00 Recipient Share $0 00 The Effective Date of this Agreement is 01/19/2019 The Expiration Date of this Agreement is no later than 06/30/2021 Project Type Streamflow Restoration Grant Project Short Description. This proposal supports Lewis County staff appointed to participate in the streamflow restoration planning processes established by RCW 90 94 Water Resource Inventory Areas(WRIAs)23 and 13 Project Long Description. This proposal supports Lewis County staff appointed to participate in the streamflow restoration planning processes established by RCW 90 94 Water Resource Inventory Areas(WRIAs)23 and 13 Overall Goal The goal is to participate in the watershed plan update(WRIA 13,and 22/23) As part of that effort the county will focus on watershed restoration and enhancement projects for inclusion in the watershed plan amendments As part of that work,the could will identify and integrate accurate information actions and strategies for inclusion in the plan State of Washington Department of Ecology Page 2 of 21 Agreement No WRSRPPG-2018 LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development amendments that will result in a net ecological benefit to streams in Lewis County Template Version 10/30/2015 State of Washington Department of Ecology Page 3 of 21 Agreement No WRSRPPG-2018-LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development RECIPIENT INFORMATION Organization Name Lewis County Community Development Federal Tax ID 91 6001351 DUNS Number 079272555 Mailing Address 2025 NE Kresky Ave Chehalis 138 98532 Physical Address 2025 NE Kresky Ave Chehalis Washington 98-5-3-2 Organization Email ee.napier @leiwscountywa.gov Contacts Template Version 10/3012015 State of Washington Department of Ecology Page 4 of 21 Agreement No WRSRPPG-2018 LcCd-000S5 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development Lee Napier Project Manager Director 2025 NE Kresky Ave Chehalis Washington 98532 Email lee.napier @lewiscountywa.gov Phone (360)740 2606 Billing Contact Lee Napier Director Gkccorv,--vvi 2025 NE Kresky Ave Chehalis, Washington 98532 Email lee.napier @lewiscountywa.gov Phone (360)740 2606 Lee Napier Authorized Director Signatory 2025 NE Kresky Ave Chehalis, Washington 98532 Email lee.napier @lewiscountywa.gov Phone (360)740-2606 Template Version 10/30/2015 • State of Washington Department of Ecology Page 5 of 21 Agreement No WRSRPPG-2018-LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development ECOLOGY INFORMATION Mailing Address Department of Ecology Water Resources PO BOX 47600 Olympia, WA 98504 7600 Physical Address Water Resources 300 Desmond Drive SE Lacey, WA 98503 Contacts Mike Noone Project Manager PO Box 47775 Olympia, Washington 98504 7775 Email MN00461 @ecy wa.gov Phone (360)407 0281 Alvin Josephy Financial Manager PO Box 47600 Olympia Washington 98504 7600 Email ajos46l @ecy wa.gov Phone (360)407 6456 Template Version 10/30/2015 State of Washington Department of Ecology Page 6 of 21 Agreement No WRSRPPG-2018-LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development 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 Lewis County Community Development Department of Ecology BY EY' 131 -3(). IT Mary Verner Date Lee Napier Date Water Resources Director Program Manager Template Approved to Form by Attorney General's Office Template Version 10/30/2015 State of Washington Department of Ecology Page 7 of 21 Agreement No WRSRPPG-2018-LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development Graham Gowing Office Manager Date Template Version 10/30/2015 State of Washington Department of Ecology Page 8 of 21 Agreement No WRSRPPG-2018 LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development SCOPE OF WORK Task Number 1 Task Cost $12,000.00 Task Title Project Administration/Management Task Description 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 required permits, licenses, easements,or property rights necessary for the project and submittal of required performance items B The RECIPIENT must manage the project Efforts will include conducting coordinating 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 Task Goal Statement. Properly managed project that meets agreement and Ecology administrative requirements Task Expected Outcome. * Timely and complete submittal of requests for reimbursement, quarterly progress reports and recipient closeout report * Properly maintained project documentation Recipient Task Coordinator Lee Napier and Graham Gowing Project Administration/Management Deliverables Number Description Due Date 1 1 Progress Reports 06/28/2019 1 2 Recipient Closeout Report 06/30/2021 Template Version 10/30/2015 State of Washington Department of Ecology Page 9 of 21 Agreement No WRSRPPG-2018-LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development SCOPE OF WORK Task Number 2 Task Cost $108,000.00 Task Title Contract services Task Description. Lewis County will participate in the WRIA 13 and 22/23 Watershed update process to develop projects and actions that will measure protect,and enhance instream resources and improve watershed functions that support the recovery of threatened and endangered salmonids Task Goal Statement 1)Participate in the planning process,attend meetings,coordinate with stakeholders,provide information,and assist the WRIA 13,and 22/23 planning groups described in RCW 90 94.020 to prepare and amend the Watershed Management Plan update(s)to address impacts from future permit exempt domestic uses and include recommendations for projects and actions that will measure,protect,and enhance instream resources and improve watershed functions that support the recovery of threatened and endangered salmonids Plan recommendations may include,but are not limited to,acquiring senior water rights,water conservation water reuse, stream gauging,groundwater monitoring,and developing natural and constructed infrastructure(such as floodplain restoration, off channel storage,and aquifer recharge) Qualifying projects must be specifically designed to enhance stream flows and result in net ecological benefit 2)Participate in forums,review documents,and conduct other applicable activities associated with RCW 90 94 policy and guidance development or implementation in WRIAs 13 and 22/23 to the extent capacity allows Task Expected Outcome. Provide progress report regarding actions to develop the updated watershed plan with the intent to participate in the final adoption Recipient Task Coordinator John Khem Creative Community Solutions-Contractor Contract services Deliverables Number Description Due Date 2 1 Watershed Plan Update 02/01/2021 2.2 Watershed Plan 06/30/2021 Template Version 10/30/2015 State of Washington Department of Ecology Page 10 of 21 Agreement No WRSRPPG-2018 LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development BUDGET Funding Distribution EG200144 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 identibi each budget Funding Title Lewis County Participation in Streamflow ResFunding Type Grant Funding Effective Date 01/19/2019 Funding Expiration Date 06/30/2021 Funding Source Title Watershed Restoration and Enhancement Bond Account Type State Funding Source% 100% Description Projects include acquiring senior water rights water conservation,water reuse,stream gaging,groundwater monitoring,and developing natural and constructed infrastructure designed to provide access to new water supplies,with priority given to projects in watersheds developing specified plans and watersheds participating in the defined pilot project Approved Indirect Costs Rate Approved State Indirect Rate 30% Recipient Match% 0% InKind Interlocal Allowed No InKind Other Allowed No Is this Funding Distribution used to match a federal grant" No Lewis County Participation in Streamflow Restorati Task Total Project Administration/Management $ 12,000.00 Contract services $ 108,000.00 Total $ 120,000.00 Template Version 10/30/2015 State of Washington Department of Ecology Page 11 of 21 Agreement No WRSRPPG-2018-LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Lewis County Participation in 0 00 % $ 0 00 $ 120,000 00 $ 120,000 00 Streamflow Restorati Total $ 0.00 $ 120,000.00 $ 120,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A 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 l 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, 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 Template Version 10/30/2015 State of Washington Department of Ecology Page 12 of 21 Agreement No WRSRPPG-2018 LcCd-00055 Project Title Lewis County Participation in Stream0ow Restoration Planning Groups Recipient Name Lewis County Community Development 7 RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal remedies including suspension and debarment 8 RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or contractors,are not suspended or debarred and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment RECIPIENT/CONTRACTOR must run a search in <http.//www sam.gov>and print a copy of completed searches to document proof of compliance B FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING REQUIREMENTS CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070 395)and return it with the signed agreement to ECOLOGY Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form • Receives more than $25,000 in federal funds under this award • Receives more than 80 percent of its annual gross revenues from federal funds • Receives more than $25 000,000 in annual federal funds Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number at www fsrs.gov<http.//www fsrs.gov/>within 30 days of agreement signature The FFATA information will be available to the public at www usaspending.gov<http.//www.usaspendinggov/> For more details on FFATA requirements see www fsrs.gov<http.//www fsrs.gov/> Template Version 10/30/2015 State of Washington Department of Ecology Page 13 of 21 Agreement No WRSRPPG-2018 LcCd-00055 Project Title Lewis County Participation in Streamfiow Restoration Planning Groups Recipient Name Lewis County Community Development GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7 1-2019 VERSION 1 ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition (https.//fortress wa.gov/ecy/publications/SummaryPages/1701004 html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services 2 AMENDMENTS AND MODIFICATIONS This Agreement may be altered,amended,or waived only by a written amendment executed by both parties No subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party 3 ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OClO 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 reasonable action to avoid, minimize,or mitigate adverse effects to archeological and historic resources The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts 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 • For capital construction projects or land acquisitions for capital construction projects, if required,comply with Governor Executive Order 05 05,Archaeology and Cultural Resources For projects with any federal involvement, if required comply with the National Historic Preservation Act Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site b) If required by the ECOLOGY Program submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing any project that involves ground disturbing activities ECOLOGY will provide the IDP form RECIPIENT shall • Keep the IDP at the project site Template Version 10/30/2015 • State of Washington Department of Ecology Page 14 01 21 Agreement No W RSRPPG-2018-LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development • Make the IDP readily available to anyone working at the project site Discuss the IDP with staff 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 archeological or historic resources are found while conducting work under this Agreement Immediately stop work and notify the ECOLOGY Program,the Department of Archaeology and Historic Preservation at (360)586 3064 any affected Tribe,and the local government d) if any human remains are found while conducting work under this Agreement • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office and then the ECOLOGY Program e) Comply with RCW 27 53 RCW 27 44 055, 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.//ofm 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 term 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 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 Template Version 10/30/2015 State of Washington Department of Ecology Page 15 of21 Agreement No WRSRPPG-20I8-LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development 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 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 Template Version 10/30/2015 State of Washington Department of Ecology Page 16 of 21 Agreement No WRSRPPG-2018-LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development 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 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) Template Version 10/30/2015 State of Washington Department of Ecology Page 17 of 21 Agreement No WRSRPPG-2018-LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development 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 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 Template Version 10/30/2015 State of Washington Department of Ecology Page 18 of 21 Agreement No WRSRPPG-2018 LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development 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 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 Template Version 10130/2015 State of Washington Department of Ecology Page 19 of 21 Agreement No WRSRPPG-2018-LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development 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 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 Template Version 10/30/2015 State of Washington Department of Ecology Page 20 of 21 Agreement No WRSRPPG-2018 LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development 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 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 Template Version 10/30/2015 State of Washington Department of Ecology Page 21 of 21 Agreement No WRSRPPG-2018-LcCd-00055 Project Title Lewis County Participation in Streamflow Restoration Planning Groups Recipient Name Lewis County Community Development 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 Template Version 10/30/2015 BOCC AGENDA ITEM SUMMARY- Resolution: BOCC Meeting Date Sep 30, 2019 Suggested Wording for Agenda Item. Agenda Type: Consent Accept grant and authorize Director to sign Water Resource Streamflow Restoration Project Planning agreement Contact Lee Napier Phone 2606 Department: Community Development Action Needed: Approve Resolution Description In response to the Washington State Legislature passage of ESSB 6091-aka the Hirst Fix-the Chehalis Basin Partnership(Planning Unit)and the Water Resource Inventory Area 13 work group commenced a watershed plan amendment and the preparation of a watershed plan, respectively,to address the requirements of the Streamflow Restoration Act(RCW 90 94.200); and An outcome of this legislation includes a grant offer from Department of Ecology to Lewis County to offset the costs associated with participation in the streamflow restoration planning process established by RCW 90 94 in Water Resource Inventory Areas(WRIAs 23 and 13) Additional Copies Lee Napier and Graham Gowing