Loading...
HomeMy WebLinkAboutAR17-007 DOE OIL SPILL GRANT - Agreement17 E P A 11 1� Ni E N I OF ECOLOGY Stat' of Y/ashington Agreement No. SPPREG-2017-KiCoEM-00063 SPILL PREVENTION, PREPAREDNESS, AND RESPONSE EQUIPMENT GRANTAGREUMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND KITTITAS COUNTY SHERIFF This is binding Agreement entered into by and between the state of Washington, Department or Ecology, hereinaller referred to as "ECOLOGY," and Kittitas County Sheriff, hereinafter referred to as the "RECIPIENT," to carry out with the provided Funds activities described herein, GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Prqjcct Type: Regional oil spill and liaz-neat incident response and vesourceacqUiSiti011 $13,350.00 $13,350.00 $13,350.00 $0.00 11/01/2016 06/30/2017 Equipment Cache Grant Project Short Description: Create a centralized response trailer that can be deployed in a timely milliner th1-0L1gh0Ut Kittitas and adjacent counties, The grant would be utilized to purchase oil spill and haz-mat response tools and equipment to stock the trailer. The grant will also be Utilized to purchase quick recover tools that can be placed on responding apparatus to mitigate the disastrous effects ofan oil spill and/or hu -mat incident until the ftilty stocked trailer call arrive. Project Long, Description: Kittitas County fire districts have limited resources to accomplish a timely and efficient response to oil spill and hazardous material incidents. To remedy this response gap, the Kittitas County Fire Districts and the Kittitas County Emergency iManagement Department have WalllCd Ul) to C011SOlidate resources thrOUgh a centralized response trailer that can be stocked with response tools and equipment. 'File response trailer could be deployable anywhere in the county in a timely manner. Sime of Washington Depafmwnt ot'Eeok)6y Atareenient No SPPREG-2017-KiCoEM-00063 Projcct Titic Regional oil spill and hu -mut incident response and resource acquisition Recipient Name Kittitas County Sheriff The grant would 'go towards the PLIrChaSC OrOil Spill and haz-mat response tools and equipment. Kittitas Co. already has a towed trailer that will be converted to become a dedicated oil spill and hazardous material incident response trailer. The grant would also be used to purchase quick response equipment that call be Stored on responding apparatus to mitigate environmental damage Until the trailer can arrive Oil Scene. Kittitas County is a Very rural area, however, %ve have Interstate 90, 1-82 and State ROLItC 10, 903, 906 and 97 that I'lln, thl-OUgh tile COLIVIty. Interstate 90 bisects our entire county and crosses many rivers and streams and also RHIS adjacent to a large lake. 1-90 has a very heavy traffic flow this includes oil, gas and other hazardous materials that are transported tll)'OLlgll the COUnty. Kittitas County also has a rail System that runs the entire length of the comity. Crude oil is not shipped through the county, however, other hazardous materials are transported by rail thl-OLIgIl the county. The rail system follows rivers and takes on almost the entire route. An oil spill or hazardous materials incident COUld have devastating environmental effects on Kittitas County and impact adjacent counties down river. The major waterways that could be effected are the Columbia River, Yakima River, Easton River, Cie Emil River, Keechchis Lake, Easton Lake. The eIlVirOnIIICIItaI effect could be catastrophic to plant and animal life throughout Kittitas County all([ counties down stream. The rivers and lakes provide irrigation water to the entire Kittitas valley, The response equipment supplied by this grant would help mitigate the potential catastrophic effects that all oil spill or hazardous material incident could cause to the environment. All local fire districts have signed oil to the plan to utilize a Kittitas Fire District 7 towed trailer that will be converted to in oil spill / hu -mat response apparatus, The Kittitas County Emergency IvIanagenient has agreed to apply For and distribute the purchase equipment to aII the participating Fire Districts. Future training out the use or the response equipment will be paid for and conducted by the participating Fire Districts. Overall Goal: Our goat is to minimize the environmental impact or all oil spill and/or hazardous material incident by creating an efficient, Centrally IOCatCd, III Litt i-jurisd ictional response trailer. The goal of the asset is to assist all fire districts in Kittitas County and to include neighboring counties with a trailer that has the appropriate response resources in all all -in -one apparatus. Version 10/30/201 i Page 2 of N State ofWailungton Department of Ecology Aiumnent No SPPREG-20t 7-KtCoEM-00063 Project Title Regional oil spill and haz-mat incident response and resource acquisition Recipient Name Kittitas County Sherill' RECIPIENT INFORMATION Organization Mame: KittitasCOL111tySheriff` Federat'Fax ID: 91-6001349 DUNS NUmber: 0102025,17 Mailing Address: 307 W. Uniptanum Rd Ellensburg, WA 98926 Physical Address: 307 W. Umptarturn Rd Ellensburg, Washington 98926 Organization Email: (fari,eii.iligasliiyatiia@co,kittitIS.WI. LIS Contacts Page 3 of H Project Manager Darren Fligashiyania Commander 307 W. Uniptartum Rd Ellensburg, Washington 98926 Email: (iii-reti.higas[iiyatiia@co.kittitas.wa.tis Phone: (509) 933-8206 Billing Contact Heather Seibert Chief iriancial I'vIanager 307 W Umptanum Rd Ellensburg, Washington 98926 Email: licattier,scibert.sli@co.kittit,,is.wa.tis Phone: (509) 9627099 Authorized Darren Ffigashiyama Signatory Commander 307 W. Uniptinum Rd Ellensburg, Washington 93926 Email: darreti,higasliiyatna@co.kittitts.wa.LlI Phone: (509) 933-8206 Version 10/311/20 15 Slaw of Washinglon Department of Ecology A - No . - k Io Si'l)fZECi-2017-KiCoF,\I-O(,'(.)63 project l'itle: Rqponol oil spill and hu -mot incident response and resource acquisition Recipient Name: Kittilas County Sheritf ECOLOGY INFORMATION Mailing Address: Departmerit of Ecology Spills 110 BOX 47600 Olympia, WA 98504-7600 Physical Address: Spills 300 Desmond Drive SE Lacey, WA 98503 Contacts Pace -1 of W version 10/30/2015 Laura Hayes Project rVI'magel. PO Box 47600 Olympia, Washingtoii 98504-7600 Email: I[iEty461@ecy.wa.gov Phone: (360) 407-7185 Laura 1 -!ayes Finailicial Mallager PO Box 47600 Olympia, Washirigtoti 93.504-7600 Email: Itiay,161@ecy.wa.gov Phone: (360) 407-7485 Jodi Goodmati Technical Advisor PO Box 47600 Olympia, Washirigtoii 985011-7600 Email: jgoo461@ecy.xva.gov Phone: (360),107-6762 version 10/30/2015 Stale of'Washmaton Department ol'Ecolon, A"reement No SPREO-2017-KiCoEM-00003 ProJect Tide: Regional od spill and haz-mat mcident response and resource acquisition Recipient Name. Kitut-as Count} Sheriff AUTHORIZING SIGNATURES RECIPIENT agrees to rurnish the necessary I)MOMIC], e(JUipalCrIt, Materials, services, find otherwise (to all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had tile opportunity to review tile entire Agreement, including all the terns and conditions of this Agreement, Scope or 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 orany force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part or this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence orcither party. This Agreement shall be subject to the written approval or Ecology's authorized representative and shall not be binding until so approved. Thc signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. IN WITNESS WHEREOF: the partics hereto, having read this Agfcenicnt in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Department of Ecology By: K, - f Date Jensen Date spills Program Ivianager "remplate Approved to rorm by Attorney General's Office Version 10/30/2015 Kittitas County Sheriff palw 3 of 19 By: Darren Ffigashiyania Date Commander State Department ol'Evology Alueemelit No SPPRLG-2017.KiCoEM-(J10063 Projoet Title Regional oil spill and lin-mat incident response and resource acquisition Recipient Name KittIMS COLIIIL\' Sheriff SCOPE OF WORK Task Number: I 'I"ISI(Cost: $0.00 Task Title: Project Administration Task DescripLion: A. The RECIPIENT will administer the project. Responsibilities will ilICILKIC, bUt are not limited to: maintenance of project records; submittal of requests for reirribursement acid corresponding backup doCUIllentation, progress reports and recipient CIOSCOUt report (including photos), compliance with applicable procurement, contracting, and interlocal agreement requirements, application for, receipt of, and compHatice with all required permits, licenses, easements, or property rights necessary for the project, and submittal of required perrormance items. B. The RECIPIENT BILISt 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; ECOLOGY, all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT 111LISt 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 ExR�ctcd. Ott tconic: 1. Timely and complete submittal of requests for reimbursement, quarterly progress reports, and recipient el0se0Llt report. 2. Property maintain project documentation. Recipient Task Coordinator Darren[ligashiyarria Project Administration Deliverables hvw 6 of 19 Version 10/30/2015 State or Washington Department ol'Ecology Agreement No SPPREG-2017-KiCoEM-00063 Project Title: Regional Oil spill and 11"u -mot incident response and resource acquisition Recipient Name Kittims County SlieFiri, SCOPE OF WORK Task Number: 2 Tast(Cost: $13,350.00 Task 'title: New Response Equipment Purchase Task Descripiiota: A. The RECIPIENT will JAII-ClIaSO only approved, eligible response equipment, tools, zind supplies in accordance with ECOLOGY's requirement outlined in the Administrative Requirements for Recipients of Ecology Grants and Loans iManaged In EACH., guidebook. B. The RECIPIENT will purchase and take possession of approved, eligible oil spill and hazardous materials response and firefighting equipment, tools, and supplies that support the described project for oil spill and hazinat response and firefighting capacity building as described in the funding guidelines and that has been approved by ECOLOGY. Task Cion) Statement: Build and support spill and hazardous materials response and firefighting capacity through the purchase of approved, eligible response equipment, tools, and supplies. Task Expected OutcotLic�: 1. Timely and complete implementation of the task, including the purchase and acquisition of approved, eligible response equipment, tools, and supplies. 2. Property store and maintain response equipment, tools, and supplies. Recipient Task Coordinator: Darren Higashiyartia, New Response Equipment Purchase Deliverables Number Description Due Date 2.1 Purchase approved, eligible equipment 2.2 1 Schedule equipment inspection with. Ecology Version 10/30J2015 Paste 7 01,19 State of Washirnaton Department of Ecolo,,'� Aureentent No: SPPIZFG-3017-KiCaEM-00063 Project Title Regional oil spill and hu -mat incident response and resource ac(jwsnion Recipient Name hitttas Count)• Sheriff BUDGET Funding Distributiou EG170119 NOTE: 7he above f mcling distribution number is i(sed to identdfy this sped("le agreement rind budget ori jvayrnent remittances artd )rrqv he re .1<rerlcecl Oil other cornrnunications front ECOLOGY. Your agreement nla�r have lntrltiple funding distribution numbers to identify, ectch budget. Funding Title: Response Equipment Cache Funding Type: Grant Funding Effective Date: 11/0 (/201.6 Funding Expiration Date: 0613012017 Funding Source: Title: State Toxics Control Account Type: State Funding Sou:•ce %: 100% Description: Approved Indirect Costs Rate: Approved State Indirect Rate: 0% Recipient Match %: 0% inKind Interlocal Allowed: No hiKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Response Equipment Cache Task Total Project Administration 0.00 New Response Equipment Purchase 1 $ 13,350.00 1 Tom: S t3,350,00 Version 10/30/3015 Palle 3 of 11) State of Washington Department ofEcolog Agreement No SI)II[tEG-2017-KiCoEi%[.(,Oi)ti3 Project Title Regional oil spill and hu. -mat incident response and resource acquisition Recipient Name Kituwi(-'()unt\ Sheriff' Fundina Distribtit I !LSummary Recipient / Ecology Share Page 9 of 19 Fundhig Distribution Name Recipient Match % Recipient Share Ecology Share Total Response Equipment Cache 0,00 % S 0.00 $ 13,350.00 S 13,350.00 Total 0.00 $ 13$350.00 S 13,3,50.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECfALTERNIS AND CONDITIONS GENERAL. FEDERAL CONDITIONS If a portion or all of the funds for this agreenicut are provided through federal funding sources or this - agreement is used to match a federal grout award, the following g teinis and conditions apply to you. A. CERTIFICAIJON REGARDING SUSPENSION.,. I)LBARi'VIENT, INELIGIBIL11'Y OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or Otherwise MILIded from contracting with the federal government, or from receiving contracts paid for with federal Binds. 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 irat any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason orchanged 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 2CFRI80.330, the RECIPIENT/CON` IZACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Version 10/30/2015 State ol'Washington Department of Eeo I ogc A,-,reemen( No SIIPRF-(i-21)17-KjC'oF4I-t)1)003 project Title Regional oil spill and lin-Illat incident response and resource acquisition Recipient Name Kittitas Count% Sliuriff Paw 10 of 19 Federal Regulations may result in the delay or negation of' this Funding agreement, or pUI'SLlallCe or legal remedies, including suspension and debarment. S. RECIPIENT/CONTRACTOR agrees to keel) proof in its agreement rite, that it, and all lower tier recipients or contractors, are not SLISPC11(10(1 or debarred, and will make this prooravai [able to ECOLOGY before requests for reimbursements will be approve(] for paymetit. RECIPIENT/CONTRACTOR must I'Lln a search in and print a copy of completed searches to document proorof compliance, B. FEDERAL FUNDING ACCOUNTABILITY AND'FRANSPARENCY ACT(FFATA) REPORTING B.EQUIREI�LENTS: CONTRACTOR/RECIP[EN'r must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CON'FIZACI'OR/[2ECIPIEN'I'tliat meets each or the criteria below MUSt report (301111MISatiOn for its live top (3XCCLltiVCS Using tile FFATA Data Collection Form, Receives more than $25,000 in federal funds under this award. Receives more than 80 percent of its annual gross rOMILICS rrom federal funds. Receives more than $25,000,000 in annual federal funis. Ecology will not pay any invoices until it leas received completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally Funded agreements, including the required DUNS number, it by�v ">avitliiii3O(taysorigi-eciiietitsigiiatLire,TlieFF\:rA Iv. rsrs,,gov ��JIIIV:" m% �V 1�Srs "ov, information will be available to the public at %k%VNVAj.SaSp nail Alov For more details oil FFATA requirements, see mvv.Fsrs. ;ctv Version [0/30/2015 Situ ol'Washiqumin Department ol'Ecolopy Agreement No: Si)(IREG-2017-Ki('ol-.41-00063 Project l'itle Re8imml oil spill and liaz-mat incidcnt FC3l)0oSC MILI resource acquismon Recipient Name (ilums County Sherill' GENERAL'I'EIRMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department or Ecology I. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans— EAGL Edition," https://fortress, wa,gov/ecy/publ ications/S u ni mary Pages/ 14 0 1002,11 trn I b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management ofall funds and resources made available Under this Agreement, c) R-EC[PIENTagrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the ternisand conditions of this Agreement. ECOLOGY reserves the right to request proof ofcompliance by subgrantees and contractors. (1) 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. VM211111W 2. AiMENDiMENTS AND tMODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both pal -ties, No subsequent modification(s) or arnendment(s) or 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 C011CUrrenCe of either party. 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic I-CSOUrCeS. The R1.,.CIP[ENT must agree to hold harmless the State of Washington in relation to any claim related to historical Or Cultural artifficts, discovered, disturbed, or damaged due to the RECIPIENT's project f.111CIC(I Linder this AgrcenienL RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: 0 For capital construction projects or landaCCILliSitiOnS 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 tile proJect site. b) IT 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 rorm, RECIPIENT shall: • Keep the IDP at the project site. • 'Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. 0 Implement the IDP when cultural rCSOL1rCCS Or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: 0 Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic ["reservation at (360) 586-3064, any affected Tribe, and the local government. (1) Warty human remains are tbUnd while conducting work under this Agreement: 0 Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. Version 10/30/2015 Suite orMt.,11111--too Department of Ecology lliwc 12 0r 19 .-Ureement No SPPREC-2017-KiCoEM-00063 Project Title Regional oil spill and ham -mat incident NSPOINC and 10011[Ce 1CLIUM111011 Recipient Name: Kittitas County Sheriff e) Comply with RCW27.5),RCW27.44.055,and RCW68.50,64i,,incl till other iii)I)Iiciblelocal, state, and federal hlWS protecting CUltUral resources and human remains. 4. ASSIGMAENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. CONEMUNICATION RECIPIENT shall make every effort to maintain effective C011111111nications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals Or grOUPS, 6. COtvIPENSA,rION a) Any work performed prior to eMctivc date of Chis 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 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 S1101111d be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. (1) RECIPIENT shall not invoice more than once per month. unless agreed oil by ECOLOGY, e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting (10CLUTIC11tati011. ECOLOGY will provide instructions for submitting payment requests, 0 ECOLOGY will pay the RECIPIENT thirty (30) days atler receipt of a properly completed request for payment. g) R.ECIPIEN'r win receive payment through Washington State Department of Enterprise Services' Statewide Payee Desk. RECIPIENT' must register as a payce by submitting a Statewide Payee Registration form and In IRS W-9 form at the website, littp://NvNvw,(Ies.%va.gov/services/CoiltrictiiigPtit-cliasitig/BLisitiess/VetidorPay/Pages/derlLllt.,,isl)x. For any questions about the Velldor registration process contact the Statewide Payee Help Desk at (360) X107-8180 or cillail p,,iyeelielp(lesk@(Ies.wa.gov, la) ECOLOGY may, tit its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT falls 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, ora 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 oCan audit is specified herein. j) RECIPIENT should submit final M(ILIeStS for compensation within thirty (30) days after the expiration date of this Agreement. Failure to comply May NSUR in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state an([ local laws, orders, regulations, and pertilits 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 or 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. (1) RECIPIENT agrees to SCCUre Enid prOV He ' aSSUratICC to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include tillie ill their project tirrieline 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. Version 10/30/20:5 State or Witilmigion Depminctit ot* Eeolog� Agreement No SNIREG-201 7-KiCoEM-OU063 Project Title Regional oil spill and haz-mat incident response and resource acquisinoll Recipient Name Kittluis county sheriff I rany provision ofthis Agreement violates any statute or rule of law or the state of Washington, it is considered modified to conform to that statute Or IMIC of law, S. CONFLICT OP 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. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goo(is or services related to its performance Under this Agreement. RECIPIENT shall award all contracts fOr construction, purchase ofgoods, equipment, set -vices, and professional architectural and engineering services through a competitive process, if required by State law, RECIPIENT is required to follow procurement procedures that (311SLIM 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 all([ applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to hispectand request copies ofall procurement documentation, and review PrOCLIX0111WIt 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, 10. 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 all appeal request. b) Appeal MILIeSt must be in waiting and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. (1) ECOLOGY reviews the RECIPIENT's appeal, e) ECOLOGY sends a written answer within tell (10) business (lays, UnIeSS More tillIC is needed, after concluding the review. The decision of ECOLOGY from all appeal will be final and conclusive, unless within thirty (30) (lays from tile (late of such decision, the RECIPIENT rurnishes to tile Director of ECOLOGY written appeal. The decision of the Director or duly authorized representative will be final and conclusive. 'file parties agree that this dispute process will precede any action in ajUdiCial or quasi-judicial tribunal. Appeals of the Director's decision. will be brought in tile 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 ora dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another 111URRIlly acceptable method, in addition to the (IISPLIte resolution procedure outlined above. 11, ENVIROMMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for each project that collects or Uses environmental meaSUM111CIlt (luta: RECIPIENTS unsure about whether QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. Ifa QAPP is required the RECIPIENT" shall: . Use ECOLOGY's QAPP Template provided by the ECOLOGY Program. Version 10/30/2015 Page 13 of N State of Washington Department ofEcolog% Agr"Ilmlt 140 SPIIREG-2017-KiCoEM-00063 Pro.lect Title Regional ml spill and lin-mat incident response and resource acquisition Recipient Mune Kilmas Comity Sheriff Page 14 ot'19 # Follow ECOLOGY's Guidelines ror Preparing Quality Assurance Project Plans for Environmental Studies, Ally 2004 (Ecology Publication No. 04-03-030). . Submit the QAPP to ECOLOGY for review and approval before the start or the work. b) RECIPIENT shall submit environmental data that was collected oil a project to ECOLOGY using the f.-..iivi roil me n tal Information Nlanagerrient system (EINI), unless the ECOLOGY Program histructs Otherwise. 'rile data 1111.1st be successfully loaded into EINI, find instructions at: htti)://w%v%v,ccy.w-,i.gov/eitii, c) RECIPIENT sliall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. GUidelillOS for Creating and Accessing GIS Data are available at: litt[)://W�vw,ccy.4va.gov/services/&,is/(I,ita/staii(far(is/stati(lar<is.litiii, 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, 12. GOVERNING LAW This Agreement will be governed by the laws oftlic State or Washington, and the venue orally action brought licreUnder will be in the Superior Court Of ThUrSt011 County. 0. I-NDEIVINMICATION ECOLOGY Nvill 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. 14. INDEPENDENT STATUS The ClllplOyeCS, VOtLinteers, or agents oreach party who arc engaged in the performance orchis Agreement will continue to be employces, volunteers, or agents of that party and will not ror any purpose be employees, volunteers, or agents or the other party. 15, KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give Lip any part of the compensation to which lie/she is otherwise entitled to or receive any fee, commission, or gift in return ror award Ora subcontract hereunder. 16. tMINORITY AND WOMEN'S BUSINESS ENTERPRISES (NfWBr--') RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned QVIBE) 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) 111CILide qualified minority and women's businesses oil solicitation lists whenever they are potential sources orgoods or services, b) Divide the total requirements, when economically reasible, into smaller tasks or quantities, to permit maximum participation by qualified minority all([ women's businesses. c) Establish delivery scheclttles, cvllere kvork regttiremetlts permit, which will eticourage participatioti of qualified minority and women's bLlSi1lCSSCS. (1) Use (lie services and assistance of the Washington State Office of Nlinority in([ Women's BLISilless Enterprises (OiN,IWBE) (866-208-1064)and the Office of Nfinority Business Enterprises orthe U.S. Department or Commerce, as appropriate. version 10/30t201 5 State of %Vashm�mon Department offeoto,} Agreement No SPPRIEG-2017-KiCAM-00063 Project Title. Revional oil spill and haz-mat incident response and resource acquisition Recipient Name Kiallas County Sheriff 17. 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 an([ Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. IS. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's C01111111,111iCati011 documents and materials related to the full'i I Iment of this Agreement: a) if requested, RECIPIENT shall provide draft copy to ECOLOGY for review and approval ten (10) business (lays 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 ofany tangible products developed. Copies include any printed materials, and all tangible products developed Stich as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media, announceme tits, or gadgets with a message, 81.1011 as a rerrigerator 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 ,in([ any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for gUidClitICS. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. t9. PROGRESS REPORTING a) RECIPIEN"I' must Satisfactority demonstrate tine timely use of fonds by stibntitting payment rcgticsts aii(I progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not CIOCUInClIt titIlCly Use of fonds. 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 elenientsand frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format, d) Quarterly progress reports will cover the periods From January I through March 3 1, April I through June 30, July I through September 30, an(] October I through December 31. Reports shall be submittcd within thirty (30) (lays after the end of the quarter being reported. e) RECIPIENT shall submit the Closeout Report within thirty (30) (lays of the expiration (late of the project, unless an extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closcout report format. 20. 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, brOC111.1reS, pamphlets, etc., appropriate credit shall be given to ECOLOGY. Version 10130/2015 Pave 15 of N State o I' WaAmigton Deparinmit or Eeolog� Agreement No 511PREC-201 7-KtCoE%ko0o63 Project Title Regional oil spill mid hu,mat incident response and resource acquisition Recipient Name Kittims County sherill, llim,e 16 of 19 c) Presentation and Promotional I'vlaterials. ECOLOGY shall have the right to Use or Mpt-OdUCC any printed Or graphic materials produced in fill rill incrit ol.'this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as tile sole copyright Owner in every use or reproduction of the materials, (1) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients orEcology Grants and Loans," shall control the use and disposition ofall 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, OrUpOtl specific instrt.16011S with respect thereto in this Agreemclit. c) Personal Property Furnished by ECOLOGY, When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be I -CRU -1112d to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECfPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for tile fair market value Of SUCII property. 1) Acquisition Projects, The following provisions shall apply if tile project covered by this Agreement includes binds for the acquisition Orland or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement or funds provide([ 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, Torrelis certificates, or abstracts, and attorney's opinions establishing- that tile land is free fromany impediment, lien, or claim which would impair the uses intended by this Agreement, g) Conversions. Regardless or the Agrecillon t expiration ion (late, the RECIPIENT shall not at any time convert any equipment, property, or facility acqUirCd or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Stich approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the safe, lease, Or Other COnVerSi011 or C11CUmbratice which monies granted pursuant to this Agreement beat, to tile total acquisition, purchase, or COIlStrLicti011 Costs Orsuch property. 21. RECORDS, AUDITS, AND INSPECTIONS RECfPIEN,r shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports oral] construction work accomplished. All records shall: a) Be kept in a manner which provides in audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State or Washington, Fora period of at least three (3) years after the final grant payment of, loan repayment, or ally dispute IVSOIL16011 hereunder. RECIPIENT shall provide clarification and make necessary adjustments if myaudits or inspections idcntify discrepancies in the records. ECOLOGY reserves the right to audit, of- have 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 eqLliplllellt purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time (hiring tile course of this Agreement and for at least three (3) years following grant of, loan termination or dispute resolution hereunder. RECIPIENTshall 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, Version 10/30/2015 State of Waillington Department offxolog\ Agreement No SIIPREG-101 7-KiCoUNI-000,63 Project Title Regional oil spill and hu -neat incident response and r0t)UrCe iMIMS111011 Recipient Name Kittims Counts slient), 22 RECOVERY OF FUNDS The right or the RECIPIENT to retain monies received as reinibUrSC111011t PaYBIC[ItS is Contingent Upon SaliSfi`1001-y performance of this Agreement and completion of the work described in the Scope or 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 anIOLInt of any el-1-011COUS payment or overpayment Under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction orpayments or repayments within thirty (30)days oCawritten notice. Interest will accrue at the rate or twelve percent ( 12%) per year from the time ECOLOGY demands repayment or 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 oCsuch property. 23. SEVERABlLfTY 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. 24. S'I*A,rE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requiremetits of the State Environmental Policy Act (Chapter 43.2 tC RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION Wheii 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 (lay following the suspension period unless another (lay is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In Order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement stistaiiiable practicesand to purchase environmentally prcfierablc pr0dL1CtS tinder this Agreement. a) Sustainable practices may include such activities as: use ofc1can energy, use oFdouble-sided printing, hosting low impact meetings, and setting tip recycling art([ composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, hidependently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post -consumer recycled paper. For [note suggestions visit ECOLOGY's web page: Green Purchasing, littp://wvw.ecy.wa.gov/progi-aiiis/s%vfi/opl). 27, TERM NiATION a) For Cause ECOLOGY may terminate for caLISC this Agreement with seven (7) calendar days prior written notification to tile RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or For a material breacliof,iiiytenniot-cotidition. 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 (late of termination. Failure to Commence Work, ECOLOGY reserves the right to terminate this Agreement if RECIPIEN'r rans to commence work on the project funded within Four (4) months after the effective date of this Agreement, or by any date Version 10/30/2015 Page 17 of N State of Washington Department of Ecology Aizreement No SPPREG-20 t 7-KICOFAI-00003 Prqject 11fle Regional mi spill and hoz-111itt meldent response and resource ickluisition Recipient Name Kittims Comm. Sherif' mutually agreed upon if) writing For commencement of work, or tile time period defined within the Scope of Work. Non- Pei, rormance, -File obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT oral[ OF its obligations under this Agreement. In the event the RECIPIENT UnJustirtably fails, in the opinion or ECOLOGY, to perform all), obligation required of it by this Agreement, ECOLOGY may refuse to pay ally Farther funds, terminate in whole of, 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 ECOI,OGYaticIttieSt-,it.cofWasilitigtolibecatiscofaiiybreaci)oCtliisAgi-eciiictitbyt1icRECIPIF.N,r. ECOLOGY may withhold payments for the purpose OCSOtOff Until such tune M the exact aniount or damages (tile ECOLOGY from the RECIPIENT is determined, b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole of in part, for any reason when it is tile best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. I f 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 (late of termination. Non -Allocation or Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal. of, other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration (late orthis Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, of, renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the ftinding insufficiency is resolved. ECOLOGY may exercise any orthese options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. 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 tile work described in this Agreement shall be contingent upon, availability of funds by the RECIPIENT's governing body. c) By IVilitUal Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, it any time, by IllUtUal written agreement. (1) In Event offernlination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepare([ by tile RECIPIENT Under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and tile RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed oil such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment ofall funds paid to the RECIPIENT in accordance with Recovery or Funds, identified herein. 28. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENTPUrSUallt to this Agreement, tile state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver Ora deft -cult or breach of any provision orthis Agreement is not a waiver Of any SUbseqUellt derault or breach, and will not be construed as a modification oFthe terms oFthis Agreement unless stated as such in writing by the Version 10/3012015 Pau IS of' 19 State of washin6ton Deparmtent nr ficologc \�recntent No SPPRt:G•Z017-ltiC'otlt00063 Prgject Title Regional oil spill and h.vnrtt incident response and resource acquisition Recipient Name Kittims Comm Sheriff authorized representative of ECOLOGY. GENERAL TERtNIS AND CONDITIONS LAST UPDATED 12/27/2016 Version 10/30/2015 Parte 19 or 14