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HomeMy WebLinkAboutPW18-141 - Original - Green River College - Environmental Education Sub-grant No. 01J26301 - 03/09/2018 AIL KEOT Re or Management Document S CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have qUe.Sflons, please contact the City Clerk's Office at 253-856-5725. Blue/Motion Sheet Attached Pink Sheet Attached Vendor Name: Green River College Vendor Number (JDE): Contract Number (City Clerk): Ll I Category: Contract Agreement ................................. ............................................................. Sub-Category (if applicable): (:','J�or,,�) an �tcrn, ---------- Project Name: Environmental Education Sub-qrant Contract Execution Date: 10/1/2016 Termination Date: 9/30/2018 Contract Manager: G. Hunqerford Department: Parks Contract Amount: $5000 Approval Authority: Director ❑ Mayor ❑ City Council Other Details: ....................................... ........... N r• i River COLLEGE GRC Agreement F421737Y1-2 AGREEMENT FOR SERVICES BETWEEN STATE OF WASHINGTON Green River College AND City of Kent THIS AGREEMENT is made and entered into by and between Green River College(EIN: 91-0814013). hereinafter referred to as"COLLEGE,"and City of Kent, hereinafter referred to as"SUBGRANTEE", pursuant to the authority granted by Chapter 39.34 RCW. PURPOSE: The U.S. Environmental Protection Agency(EPA) has awarded Grant No. (FAIN): 01J26301 titled "Environmental Education(EE)", Federal Award Date: 8/5/2016, CFDA 66.951, Environmental Education Grant Program to the COLLEGE to support EE within and about the Soos Creek Watershed. The grant was written and approved by EPA with a subgrant to the SUBGRANTEE for work to be completed in accordance to the proposal. The budget and project periods of the awarded grant is 10/01/2016—09/30/2018. The budget and project period cost of the entire grant is$146,685.00. THEREFORE, IT IS MUTUALLY AGREED THAT: PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on October 1,2016 and be completed by September 30, 2018, unless terminated sooner or extended, as provided herein. INCORPORATION The following documents, and any subsequent modifications of them approved by EPA, are incorporated into this agreement.- Attachment A: Letter of Support/Scope of Work Attachment B: Subgrantee budget Attachment C: EPA Grant Agreement NE-01J26301 between COLLEGE and EPA, and any subsequent amendments. RESPONSIBILITIES OF COLLEGE 1. Review, approve, and reimburse the SUBGRANTEE for expenditures incurred for performing the services and activities identified in this Agreement. 2. Perform financial and programmatic monitoring of the SUBGRANTEE for compliance with the terms of this Agreement. 3. Specify all reports and other deliverables required from the SUBGRANTEE. 4. Serve as the point of contact with the EPA assigned program official. RESPONSIBILITIES OF SUBGRANTEE 1. Furnish the necessary personnel, equipment, material, and/or services and otherwise do all things necessary to perform the work as described in Attachment B—Budget Justification. Any portion of payment under this Agreement not used for these purposes must revert to the COLLEGE and thereafter to the appropriate funding source. 2. Notify COLLEGE if there is a change in scope or if there is need for additional funding. GRC Agreement F421737Y1-2 3_ Provide time and effort reports for grant funded personnel to the COLLEGE on a semi-annual (or more frequent) basis for all staff. Upon execution of this agreement, SUBGRANTEE will be supplied with electronic versions of the time and effort report templates by COLLEGE or SUBGRANTEE will present to COLLEGE an example of SUBGRANTEE time and effort reports for COLLEGE approval before use by SUBGRANTEE. 4. Attend scheduled meetings with COLLEGE as requested. 5. Make available all records, including general and subsidiary ledgers, reports, vouchers, books, program documentation, correspondence, or other documentation or evidence at reasonable times for review, inspection or audit by duly authorized officials of the COLLEGE,the Washington State Auditor's Office, or EPA. The SUBGRANTEE agrees that the COLLEGE or its agents may have the right to audit the records of the SUBGRANTEE pertaining to this Agreement both during performance and after completion. 6. Submit to the COLLEGE any other plans, reports, documents, or other products that the COLLEGE may require in furtherance of the project covered by this Agreement. 7. In order to claim reimbursement or receive payment, the SUBGRANTEE will submit to the College, in such forms and by such date as specified by the COLLEGE, a financial status report for each activity which details expenditures. 8. Submit to the COLLEGE with the report of expenditures, in such form as specified by the COLLEGE, as accounting of any program income. 9. Receive approval from the COLLEGE prior to implementation of any activity changes by the SUBGRANTEE. Budget revisions must also receive advance approval from the COLLEGE. Equipment purchases require approval from NSF. See Budget and Budget Amendment Approval sections. 10. Ensure that no funds from this Agreement will be used to carry on propaganda or otherwise attempt to influence legislation, to influence the outcome of any public election, or to carry on directly or indirectly any voter registration drive. 11. Agree to participate in a mutually agreeable evaluation process and in developing measurable outcomes for evaluating the funded activities in a way that complies with EPA requirements. ESTIMATED COST AND EXPENDITURE LIMITATION COLLEGE will reimburse SUBGRANTEE for actual expenses incurred under this Agreement but not exceed $5,000.00 as follows: 10/1/16- Subgrantee 9/30/18 Total City of Kent $5,000.00 $5,000.00 ALLOWABLE COST AND PAYMENT COLLEGE will reimburse SUBGRANTEE for direct costs incurred in the performance of this Agreement, provided that: 1. The total of such costs does not exceed the estimated cost as provided in the Article above; 2. Such costs were allowable by terms of this Agreement; 3. Such costs are incurred in accordance with SUBGRANTEE's established policy and procedure; and 4. The applicable cost principles were followed given the type of organization as follows: (1)2 CFR §200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), (2)45 CFR 74,Appendix E, Hospitals. Reimbursement for indirect costs, if any, will be at the rate shown in Attachment B and in no event will be greater than the SUBGRANTEES's approved Federal indirect cost rate. If this Agreement is from Federal pass through sources, including all amendments thereto, then the final voucher must be signed and marked"Final" by the SUBGRANTEE with the following statement: "The SUBGRANTEE assures to the COLLEGE that all expenditures were incurred in accordance with the provisions of 2 CFR 200, Subpart F—Audit Requirements, or its own applicable audit 2 of 20 GRC Agreement F421737Y1-2 regulations. Disallowed costs if found during the retention period of this Agreement will be promptly refunded to COLLEGE." If,during the retention period of this Agreement(see RECORDS MAINTENANCE), a finding or questioned cost is found related directly to the Agreement, then the SUBGRANTEE will promptly notify COLLEGE in order to proceed with resolution of such matter, as may be required by COLLEGE's prime sponsor or applicable Federal regulations. BUDGET Unless otherwise provided,the following types of expenditures require prior approval of the COLLEGE's Principal Investigator and the COLLEGE's Grants&Contracts Manager, or authorized designee: 1. Transfer of funds allotted for Participant Support Costs or training allowances(direct payment to trainees)within the category or to other categories of expense. 2. Individual items of equipment costing$5,000 or more. All such items identified in the budget attachment are automatically approved for acquisition. Title to all equipment acquired by the SUBGRANTEE shall vest in SUBGRANTEE upon acquisition subject to the right of the COLLEGE to recall equipment with an acquisition cost of$5,000 or more up to 120 calendar days after the expiration of the Agreement. 3. The subaward,transfer or contracting out of any work except for routine purchase of supplies, materials,equipment or general support services. With regard to budget categories not mentioned above,the SUBGRANTEE has a 10%flexibility allowance on those budget line items without prior approval from the COLLEGE provided that the total budget amount is not exceeded. BUDGET AMENDMENT APPROVAL Both parties mutually agree to a budget amendment process to include the COLLEGE Natural Resources faculty(COLLEGE PI), COLLEGE Dean of Trades&Technology, COLLEGE Accounting Director of Grants &Contracts,and SUBGRANTEE site administrator. ASSIGNMENT Unless identified in Attachment A: Letter of Support/Scope of Work and Attachment B: Subgrantee budget for the SUBGRANTEE, the SUBGRANTEE shall not subcontract or assign any of the work under this Agreement without prior written approval from the COLLEGE. Any approved subcontracts shall be subject to all conditions of this Agreement. The SUBGRANTEE shall be responsible for the performance of any subcontractor. The COLLEGE shall not be responsible for compensating unapproved subcontractors for work performed. BILLING PROCEDURE SUBGRANTEE shall submit invoices to COLLEGE at least semi-annually, but not more than monthly, and must adhere to the following schedule: For expenses incurred: Submit invoice to COLLEGE no later than: October—March April 151n April—June(GRC fiscal year end) July 151, July—September October 15tn SUBGRANTEE shall submit invoice to COLLEGE to the following address: Green River College Attn: Accounts Payable 12401 SE 320`n Street, MS-BO Auburn,WA 98092-3622 3 of 20 GRC Agreement F421737Y1-2 In order for the SUBGRANTEE to receive payment, the invoices must be in sufficient detail to indicate clearly the nature of all expenses as referenced in Attachment 6, must show the period and amount claimed for reimbursement, and must reference the Field Order number"F421737YI-2". SUBGRANTEE will also provide backup documentation to support all charges on each invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 60 days after the expiration date. ADMINISTRATORS FOR THE AGREEMENT The persons named below shall be administrators for the respective parties and shall be the persons to whom notices provided for in this Agreement shall be given and to whom matters relating to administration or interpretation of this Agreement shall be addressed. Either party may change its administrator, address, telephone number, email address by written notice to the other party. Administrators are not authorized to amend or alter this Agreement. Any such alterations or amendments must be approved by the written mutual agreement of the parties hereto. For the COLLEGE: Charles Wytko, Natural Resources Faculty Green River College 12401 SE 32e Street, MS-CH Auburn, WA 98092 cwVtko(a-)__qreenriveredu 253.833.9111 x.4590 For the SUBGRANTEE: Gina Hungerford, Conservation Specialist City of Kent Environmental Engineering/Public Works Department 220 Fourth Avenue South Kent, WA 98032 GHun.qerf6rd kentwa._qov or Phone:253.856.5549 RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflects all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data which: originates as a result of this Agreement shall be owned by the party producing the data. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound 4 of 24 GRC Agreement F421737Y1-2 reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. AGREEMENT CHANGES, MODIFICATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION This Agreement may be terminated in whole or in part at any time: 1. By mutual consent of both parties; or 2. By the COLLEGE, on any date specified by the COLLEGE,when funds are no longer available due to adjustments or termination of the project funding by the Environmental Protection Agency. After receipt of a notice of termination and except as otherwise directed to the COLLEGE,the SUBGRANTEE shall cease work under the Agreement on the date and to the extent specified in the notice of termination. In the event of termination in part, both parties shall continue the performance of this Agreement to the extent not terminated. If the Agreement is terminated as provided herein, except as provided in section upon 90 days prior written notification to the other party. 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. PERFORMANCE AND DEFAULT If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Statement of work; and C. Any other provisions of the agreement, including materials incorporated by reference. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 5 of 20 GRC Agreement F421737Y 1 2 WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. SEVEB&B_1UTY If any provisioM 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, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to fts end the provisions of this Agreement are declared to be severable. LIABILITY PROVISIONS Each party shall be responsible for the negligent acts or omissions of its own employees, officers or agents acting in the performance of this Agreement. Neither party will be considered the agent of the other and neither party assumes any responsibility to the other party for its consequences of any act or omission of any person, firm,or corporation not a party to this Agreement. At all times during the performance of this Agreement, College faculty will remain and be considered employees of the COLLEGE, and High School teachers will remain and be considered employees of the SUBGRANTEE. In the case of negligence of both the COLLEGE and the SUBGRANTEE, any damages allowed shall be levied in proportion to the percentage attributable to each party. The COLLEGE is covered by the State of Washington Self-insurance Program and the Tort Claims Act (Chapter 4.92 RCW). Claims against the COLLEGE and its employees, officers, and agents in the performance of their duties under this agreement will be paid from the tort claims liability account as provided in Chapter 4.92 RM The COLLEGE and SUBGRANTEE expressly intend and agree that the liability coverage provisions of this Agreement will survive the termination of this Agreement for any reason, IN:WITNESS WHEREOF,the parties have executed this Agreement. STATE OF WASHINGTON Green River College City of Kent t Date Signature Date Shirley.Bean Tim LaPorte Vice President for Business Affairs Public Works Director Title Title APPROVED AS TO FORM: ATTORNEY GENERAL'S OFFICE 6 of 20 Attachment A GRC Agreement F421737Y1-2 PUBLIC WORKS ENVIRONMENTAL ENGINEERING Michael Mactuds, P.E. Environmental Engineering Manager 400 West Gowe T Kent, WA 98032 KENT Fax: 253-856-6500 PHONE: 253-856-5500 February 8, 2018 U.S. Environmental Protection Agency Region 10 1200 6 1h Avenue Seattle, WA 98101 Subject: EPA-EE Grant Funding Dear Sir or Madam: As part of our ongoing education efforts, the city of Kent is eager to fuliy participate as a sub- grantee in the proposed Soos Creek Watershed' Environmental Education (EE) Project. The Soos Creek Watershed is of vita) importance to the environmental health of our region and Puget Sound. Approximately 50% of Kent's incorporated area drains into and roughly 5011/0 of our population resides in the Soos Creek watershed. The City has always been an advocate for environmental education, having organized and funded the annual Water Festival Environmental Fair for 4 th & 5'h grade students, their teachers and parent chaperones since 2000. To date, over 25,000 students have benefited from this program which features a range of water quality topics. Since the original letter to apply for this sub-grant was written in April of 2016, we have changed the name of this event to "Planet Protectors Summit" in hopes of more fully inspiring students to take on this important stewardship role. Kent will work closely with Green River Community College Environmental Education Project personnel to meet all of the responsibilities associated with being a sub-grantee of the project and receiving Federal funds. Ail of Kent's project-funded activities will address at least one educational and one environmental priority of EPA. These activities will encourage behavior that benefits the environment through non-regulatory means, increases environmental literacy, and raises public awareness of actions that can be taken to promote environmental stewardship. The $5,000 sub-grant would help cover the rental costs of classrooms to house the annual environmental education event and to provide transportation for the many Title I students that could not otherwise attend the program. If more information on our education program is needed, please contact me. Sincerely, Gina Hungerford Conservation Specialist ghungerford(dkentwa.gov > Phone: 253-856-5549 0 CP cc: Mike Mactutis, P.F. Environmental Engineering Manager c: Matt Knox, Environmental Supervisor 1$ e Mayor Dana Ralph ---mmm-m- 7 of 20 City of Kent Public Works Department Attachment B GRC Agreement F421737Y1-2 Subgrantee Budget EPA EE Grant: City of Kent Subaward 2016-2018 Budget: $5,000 Planet Protectors Summit Event for 4th & 5th grade students, their teachers and parent chaperones. Approx. Due Estimated Tasks Deliverables Date Budget Housing the annual Environmental Education Event.- Rental cost of classrooms, including the Greenhouse for water quality sessions at June 30, 2018 $2,650 Green River College on March 27, 2018, is anticipated to increase slightly over last year's cost: $2,030 (2017 invoice attached) Transporting Students to the site and back to their schools: To ensure students, many of whom are Title I students on the free or reduced lunch June 30, 2018 $2,350 program, will be able to attend the Planet Protectors Summit, we rent up to 18 Kent School District buses. The cost is anticipated to be similar to 2017 cost: $1,813.53 (2017 invoice attached) Contract Total: $5,000 Total grant reimbursement for classroom rental and transportation for students will not exceed the $5,000 subgrant amount. 8 of 20 Attachment B GRG Agreement 4A37 for: Event E01146 on;n; Tuesday, March 28,2017 Payment Aut�lclt-�zed -.'Z'!.' VE CIS De,�, ROW Cons ' 'asks- 1. ' `. Uient/Organization went gate Event fi •� Parts Dame Dent Public Works 3/28/2.017(Tue) E01146 Waterfestival to Pigi ! 2017 o KA: � TTANJ Event held on Tuesday, March 28, 2017 3 One Cloven Assorted Breakfast Bread Slices @ 17M 51.00 2 Coffee @ 20.00 40.00 Meeting-31JaQta-p8:: m 15 Roast Beef Wrap @ 13.75 206.25 15 Classic Marra and Cheese @ 13.75 206.25 12 Southwest Chicken Wrap @ 13.75 165.00 6 Mediterranean Wrap fV] fVG] @ 13.75 82,50 2 Chicken Caesar Salad bx lunch @ 13.75 27.50 10 Classic Turkey and Cheese bx lunch @ 13.7S 137.50 trn���ca�l�_eta apt 1 gym @ 62S.00 625M 2 River rm sm gym @ 150.00 300.00 21 classrooms @ 75M 1,575.00 1 20'%discount for roam rental @-470.00 -470.00 Food Liquor Equipment Labor Room Other Total Subtotal 916.00 0.00 0.00 0.00 2,030.00 0.00 2,946.00 Service Charge P 137.40 0.00 0.00 0.00 0.00 0.00 137.40 Taxes 100.07 0.00 0.00 0.00 0.00 0.00 1.00.07 Total 1,253.47 0,00 0.00 0.00 2,030.00 0.00 3„183.47 Paid 0.00 Balance 3,183.47 414I2017-3:3U7 PM Page 1 r 12407 SE 320tri St..Auburn,WA 98092-3622 Telephone:253-333 6010 9of20 Attachment B GRC Agreement F421737Y1-2 Ken LSchool Di.strict Page:1 12033 5E 256th ST.,Suite A-600 -- Kent.WA W30-5503 T (253I373.7267 Invoice Detail Am and a.Davis@kent.kl.2.wa.us City of Kent ATTN: Gina Hungerford NSCANNED Invoice 1700003289 220 4TH AVE S MAY 19 2011 Invoice date 05/19/2017 KENT,WA 98032 Due date 06/18/2017 IFI M'�CF_ / Invoice Total 1,813,53 1� 'Invoice was emailed gty. item Description Unit Price Extension " 42.21 Transportation Gusts-Hourly 34,5000 1,456.25 " 30&00 Transportation-Miles 1,1600 357.28 Cast of transportation to and from Green diver Community College Water Festival on March 28-29, 2017 ATTN! Gina Hungerford, Conservation Specialist "=Tax not computed on item Invoice Subtotal: 1,813.63 Tax: tl 0 Total Extension 1,813.53 RE iT TO: Kent School District#415-AR Invoice # 1700003289 12033 SE 256TH ST BLDG A600 Invoice date 05/19/2017 KENT, WA 98030-6503 Pa�yor city of Kent Due Hate 06/18/2017 (CITY 4F 003) Invoice Amount: � 1,81.3.53 Remit Amount; 4 PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR REMITTANCE 10 of 20 Attachment C GRC Agreement F421737YI-2 NE-OIJ26301 -0 Page 1 GRANT NUMBER(FAIN): 01J26301 MODIFICATION NUMBER: 0 DATE OF AWARD U.S. ENVIRONMENTAL PROGRAM CODE: NE 08/05/2016 PROTECTION AGENCY TYPE OF ACTION MAILING DATE W, = kia, I New 08/12/2016 Grant Agreement PAYMENT METHOD: ACH# PEND PR7/ RECIPIENT TYPE: Send Payment Request to: State institution of Higher Learning Las Vegas Finance Center lvfc-grants@epa.gov RECIPIENT: PAYEE: Green River Community College Foundation Green River Community College Foundation 12401 SE 320th Street 12401 SE 320th Street Auburn,WA 98092-3622 Auburn,WA 98092-3622 EIN. 91-0814013 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Matthew Swenson Sally Hanft Michel Rodriguez 12401 SE 320th Street 1200 Sixth Avenue, Suite 900, ETPA-202-05 1200 Sixth Avenue,Ste.900 OMP-173 Auburn,WA 98092-3622 Seattle,WA 98101 Seattle,WA 98101 , E-Mail: mswenson@greenriver.edu E-Mail: hanti.sally@epa.gov E-Mail: Rodriguez,Michel@epa.gov Phone:253-288-3346 Phone:206-553-1207 Phone:206-553-1901 PROJECT TITLE AND DESCRIPTION Environmental Education(EE) This project provides environmental education(EE)within and about the Sees Crook Watershed reaching around 2,000 watershed residents.Activities include: training interns on how to create or adapt locally specific EE materials and how to communicate and present these materials;supporting the dissemination and public review of the Water Quality Improvement Report;assessing,selecting,preparing and implementing restoration plans with 28 property owners;and participating and distributing project data and best practices in nine or more regional/national EE conferences, BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST � TOTAL PROJECT PERIOD COST 10/01/20�16 - 09/30/2018 10/01/2016 - 09/30/2018 $146,685,00 $146,685,00 NOTICE OF AWARD Based on your Application dated including all modifications and amendments,the United States acting by and through the US Environmental Protection Agency(EPA)hereby awards$85,773. EPA agrees to cost-share 58.00%of all approved budget period costs incurred,up to and not exceeding total federal funding of$85,773. Recipient's signature is not required on this agreement- The recipient demonstrates its commitment to carry out this award by either:1) drawing down funds within 21 days after the EPA award or amendment mailing date;or 2)not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement,and until the disagreement is resolved,the recipient should not draw down on the funds provided by this award/amendment,and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments. ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS EPA Region 10 U.S. EPA, Region 10 Mail Code:OMP-173 Regional Administrators Division 1200 Sixth Avenue,Suite 900 1200 Sixth Avenue,Suite 900 Seattle,WA 98101 Seattle,WA 98101 THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Paula VanHaagen - Manager-Grants Unit DATE 08/05/2016 11 of 20 Attachment C GRC Agreement F421737Y1-2 EPA Funding Information NE-01J26301 -0 Page FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $85,773 $85,773 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $0 Other Federal Funds $ $ $0 Recipient Contribution $ $60,912 $60,912 State Contribution $ $ $0 Local Contribution $ $ $0 Other Contribution $ $ $0 Allowable Project Cost $0 $146,685 $146,685 Assistance Program(CFDA) Statutory Authority Regulatory Authority 66.951 -Environmental Education Grant Program National Environmental Educ.Act:Sec.6 2 CFR 200 2 CFR 1500 and 40 CFR 33 Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation Code Organization Class Organization Deobligation 161 OUEGO05 1617 8 10U4 301 ME9 4183 85,773 85,773 12 of 20 Attachment C GRC Agreement F421737Y1-2 NE-01 J26301 0 Page 3 Budget Summary Page Table A-Object Class Category Total Approved Allowable (N!on-construction) Budget Period Cost 1.Personnel $57,640 2.Fringe Benefits $12,512 3.Travel $1,506 4.Equipment $0 5.Supplies $20,928 6.Contractual $7,200 7.Construction $0 8.Other $42,741 9.Total Direct Charges $142,527 10.Indirect Costs: % Base $4,158 11.Total(Share: Recipient 42.00% Federal 58.00%.), $146,685 12.Total,Approved Assistance Amount $85,773 13. Program Income $0 14.Total EPA Amount Awarded This Action $85,773 15.Total EPA Amount Awarded To Date $85,773 13 of 20 Attachment C GRC Agreement F421737Y1-2 NE-01J26301 -0 Page 4 Administrative Conditions 1. General Terms and Conditions - Effective 03/29/2016 The recipient agrees to comply with the current EPA general terms and conditions available at: https://www.epa.gov/grants/epa-general-terms-and-canditions-effective-march-29-2016-or-later. These terms and conditions are in addition to the assurances and certifications made as part of the award and terms, conditions or restrictions cited below. The EPA repository for the general terms and conditions by year can be found at, http://www2..epa.gov/grants/ rant-terms-and-conditions. 2. General Terms and Conditions- Consultant Cap-Additional Information In addition to the General Terms and Conditions#6"Consultant Cap", as of January 1, 2016, the limit is $614.48 per day$76.81 per hour. NOTE. For future years' limits, the recipient may find the annual salary for Level IV of the Executive Schedule on the following Internet site: http://www.opm.gov/oca. Select"Salary and Wages", and select "Rates of Pay for the Executive Schedule". The annual salary is divided by 2087 hours to determine the maximum hourly rate, which is then multiplied by 8 to determine the maximum daily rate. 3. General Terms and Conditions—Cybersecurity The recipient agrees to comply with the current EPA general terms and conditions "Cybersecurity". The terms and conditions can be found on the EPA Grants Terms and Conditions Website. For STATE: http://www2.epa.gov/sites/production/files/2015-07/documents/state grant,cyber security condition.pdf. For TRIBE: hftp://www2.epa.gov/sites/production/files/2015-07/documents/tribal grant cyber security condition,pdf. For Other Recipients: http://www2.epa.gov/sites/produ!ction/files/2015-07/doc.ume,nts/cyber security.._qrant condition for other r ecipients.pdf. 4. General Terms and Conditions - Indirect Costs for Colleges and Universities The cost principles of 2 CFR 200 Subpart E are applicable, as appropriate, to this award. In addition to the General Terms and Conditions "Indirect Cost Rate Agreements", if the recipient does not have a previously established indirect cost rate, it agrees to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 Appendix Ill. The standard format for documentation requirements for indirect rate proposals for claiming costs under the regular method is available on the OMB website: http://www,whitehouse.gov,/omb/grants forms. The recipient must send its proposal to its cognizant federal agency within ninety(90) days from the effective date of the award for this assistance agreement. The recipient agrees to comply with the audit requirements in accordance with 2 CFR 200 Subpart F. 5. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MBEfWBE) GENERAL COMPLIANCE, 40 CFR, Part 33 The recipient agrees to comply with the requirements of EPA's Disadvantaged Business Enterprise (DBE) Program for procurement activities under assistance agreements, contained in 40 CFR, Part 33. REPORTING PROVISION IVIBE/WBE reporting is required annually for assistance agreements where there are funds budgeted for 14 of 20 Attachment C GRC Agreement F421737Y1-2 procuring construction, equipment, services and supplies, including funds budgeted for direct procurement by the recipient or procurement under subawards or loans in the "Other"category, that exceed the threshold amount of$150,000, including amendments and/or modifications. Based on EPA's review of the planned budget, this award does not meet the condition above and is not subject to the reporting requirements of the Disadvantaged Business Enterprise (DBE) Program. However, if during the performance of the award the total of all funds expended for direct procurement by the recipient and procurement under subwards or loans in the"Other"category exceeds$150,000, annual reports will be required in accordance with the reporting paragraph below and you are required to notify your grant specialist for additional instructions. The recipient also agrees to request prior approval from EPA for procurements that may activate DBE Program reporting requirements. This provision represents an approved deviation from the MBE/WBE reporting requirements as described in 40 CFR, Part 33, Section 33.502; however, the other requirements outlined in 40 CFR Part 33 remain in effect, including the Good Faith Efforts requirements as described in 40 CFR Part 33 Subpart C and Fair Share Objectives negotiation as described in 40 CFR Part 33 Subpart D and explained below, MBEfWBE REPORTING, 40 CFR, Part 3,3, Subpart E When required, MBEIWBE reports must be submitted annually. The recipient agrees to complete and submit a"MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" report (EPA Form 5700-52A) on an annual basis. All procurement actions are reportable, not just that portion which exceeds $150,000. When completing the annual report, recipients are instructed to check the box titled "'annual" in section I B of the form. For the final report, recipients are instructed to check the box indicated for the "last report"of the project in section 1 B of the form. Annual reports are due by October 30"of each year. Final reports are due by October 30"or 90 days after the end of the project period, whichever comes first. The reporting requirement is based on total procurements. Recipients with expended and/or budgeted funds for procurement are required to report annually whether the planned procurements take place during the reporting period or not. If no budgeted procurements take place during the reporting period, the recipient should check the box in section 513 when completing the form. The current EPA Form 5700-52A can be found at the EPA Office of Small Business Program's Home Page at http://www.epa.gov/os.bp/dbe reporting.htm SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub-recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum, participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these 15 of 20 Attachment C GRC Agreement F421737Y1-2 firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. CONTRACT ADMINISTRATION PROVISIONS,40 CFR, Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 33.501(b)and (c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33,501 (b) and (c) for specific requirements and exemptions. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D 1. For Grant Awards$250,000 or Less This assistance agreement is a Technical Assistance Grant(TAG); or the award amount is $250,000 or less; or the total dollar amount of all of the recipient's financial assistance agreements from EPA in the current Federal fiscal year is$250,000 or less. Therefore, the recipient of this assistance agreement is exempt from the fair share objective requirements of 40 CFR, Part 33, Subpart D, and is not required to negotiate fair share objectives/goals for the utilization of MBE/WBEs in its procurements. 2. For Recipients Accepting Goals A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share objectives for MBE and WBE participation in procurement under the financial assistance agreements. In accordance with 40 CFR, Section 33.411 some recipients may be exempt from the fair share objectives requirements as described in 40 CFR, Part 33, Subpart D. Recipients should work with their DBE coordinator, if they think their organization may qualify for an exemption. Accepting the Fair Share Objectives/Goals of Another Recipient The dollar amount of this assistance agreement, or the total dollar amount of all of the recipient's financial assistance agreements in the current federal fiscal year from EPA is$250,000, or more. The recipient accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA. The Region 10 fair share objectives/goals can be found: htt //www.,epa..gov/osbp/-pdfs/i,l 0 fair share._qoats.pd . By signing this financial assistance agreement, the recipient is accepting the fair share objectives/goals and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market. Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404 The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the recipient wishes to negotiate its own MBEIWBE fair share objectives/goals, the recipient agrees to submit proposed MIBE/WBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBEiWBE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are 16 of 20 Attachment C GRC Agreement F421737Y1-2 submitted. 3. For Recipients with Established Goals The recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share objectives for MBE and WBE participation in procurement under the financial assistance agreements. In accordance with 40 CFR, Section 33.411 some recipients may be exempt from the fair share objectives requirements described in 40 CFR, Part 33, Subpart D. Recipients should work with their DBE coordinator, if they think their organization may qualify for an exemption. Current Fair Share Objective/Goal The dollar amount of this assistance agreement or the total dollar amount of all of the recipient's financial assistance agreements in the current federal fiscal year from EPA is$250,000, or more. The Region 10 fair share objectives/goals can be found: http://www.epa.gov/osbp/pdfs/r10 fait, share goals.pdf. Negotiating Fair Share Objectives/Goals In accordance with 40 CFR, Part 33, Subpart D, established goals/objectives remain in effect for three fiscal years unless there are significant changes to the data supporting the fair share objectives. The recipient is required to follow requirements as outlined in 40 CFR Part 33, Subpart D when renegotiating the fair share objectives/goals. Region 10 DBE Coordinator Andrea Bennett at(206) 553-1789 or email: Bennett.Andrea@epa.gov, The coordinator can answer any IVIBE/WBE reporting questions you may have. IVIBE/WBE reports should be sent to the EPA Region 10, Grants and Interagency Agreements Unit, 1200 Sixth Avenue, Suite 900, OMP-1 73, Seattle, WA 98101 or FAX to (206) 553-4957. Programmatic Conditions 1. Competency of Organizations Generating and/or Using Environmental Measurement Data In accordance with Agency Policy Directive Number FEM-2012-02, Policy to Assure the Corn getency of Organizations Generating Environmental Measurement Data under Agency-Funded Assistance Agreements, recipient shall maintain competency for the duration:of the project period of this agreement and this will be documented during the annual reporting process. A copy of the Policy is available online at http://www.elpa.gov/fem/lab comp.htm,or a copy may also be requested by contacting the EPA Project Officer for this award. Federal Assistance Agreement Funds Up To $200,000 Recipient agrees that if the total federal funding obligated on this award exceeds$200,000 (resulting from subsequent amendments to this agreement) and will involve the use or generation of environmental data it will (unless it has otherwise done so) demonstrate competency prior to carrying out any activities involving the generation or use of environmental data under this agreement. Federal Assistance Agreement Funds Exceed or Expect to Exceed$200,000 Recipient agrees, by entering into this agreement, that it has demonstrated competency prior to award, or alternatively, where a pre-award demonstration, of competency is not practicable. Recipient agrees to submit documentation and demonstrate competency prior to carrying out any activities under the award involving the generation or use of environmental data. RIO Quality Assurance Team Contact: Donald M. Brown at (206) 553-0717 or email: brown.donaldIVIPepa.gov. 2. Quarterly Progress Reports The recipient shall submit quarterly performance reports,,which are due 30 calendar days after the end of 17 of 20 Attachment C GRC Agreement F421737Y1-2 each Federal fiscal quarter. (Federal fiscal quarters end the last day of March, June, September, and December.) Reports shall be submitted to the EPA Project Officer and may be provided electronically. In accordance with 2 CFR 200.328, as appropriate,the recipient agrees to submit performance reports that include brief information on each of the following areas: (a) a comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; (b) the reasons for slippages if established outputs/outcomes were not met; (c) additional pertinent information, including when appropriate,analysis and information of cost overruns or high unit costs. (d) budget summary comparing approved budget with actual expenses in each budget class including EPA and match funding. In addition to the periodic performance reports, the recipient shall immediately notify the EPA Project Officer of developments that have a significant impact on the award-supported activities. In accordance with 2 CFR 200.328, as appropriate,the recipient agrees to inform the EPA Project Officer as soon as problems,delays or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. 3. Final Performance Report The recipient agrees to submit a draft final report to the Project Officer within 30 days after the end of the project period. Once the draft has been reviewed by the Project Officer,the recipient agrees to submit the Final Report within 60 days to the EPA Project Officer. The final report must clearly describe what happened during the project and briefly but specifically address the following information: a. An abstract or overview of the project. b. Which eligible activities were performed, e.g., develop curriculum,train teachers, etc.? C. In what way was this program innovative? d. What EPA priorities did the project address, if any? e. Explain any discrepancies between the proposed activities in the original application work plan and activities which were actually completed. f. In what ways were these activities successful? What problems were encountered? How were they overcome? g. How will the project information be effectively disseminated to and used by other environmental educators? It would also be helpful to submit a one page"tip sheet"designed to advise others who plan a similar environmental education project. For example, if you are from a PTA partnered with a school,write a"tip sheet"other PTAs could use when teaming up with teachers. Please include"do's and don'ts"to help them initiate a similar program. h. Compare the funds spent during the project period against the planned expenditures and provide an explanation of any discrepancies. I. How many people did the project interact with directly(face to face), and how many indirectly(by mail or word of mouth)? j. overall budget summary comparing approved budget with actual expenses in each budget class including EPA and match funding. In addition,each copy of the final report should include any agreed upon work products(lesson plans or related materials) resulting from the project. These materials must include a disclaimer similar to the following: "Although the information in this document has been funded wholly or in part by the U.S. Environmental Protection Agency under assistance agreement(number)to (recipient), it may not necessarily reflect the views of the Agency and no official endorsement should be inferred." Also, include with the final report any materials generated in connection with project activities (e.g., workshop announcements, newspaper/newsletter announcements, articles or releases, press packets, pamphlets, etc.). 18 of 20 Attachment C GRC Agreement F421737Y1-2 4. Extending Project/Budget Period End Dates In accordance with 40 CFR 47.1 30(b), budget periods normally will not exceed one year. Therefore, extending the project/budget period end dates will require a formal amendment. 5. Sufficient Progress EPA may terminate the assistance agreement for failure of the recipient to make sufficient progress so as to reasonably ensure completion of the project within the project period, including any extensions. EPA will measure sufficient progress by examining the performance required under the workplan in conjunction with the milestone schedule, the time remaining for performance within the project period, and/or the availability of funds necessary to complete the project. 6. Electronic and Information Technology Accessibility Recipients and subrecipienits are subject to the program accessibility provisions of Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7,which includes an obligation to provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology ("EIT"). In compliance with Section 504, EIT systems or products funded by this award must be designed to meet the diverse needs of users (e.g., U.S. public, recipient personnel)without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. At this time, the EPA will consider a recipient's websites,, interactive tools, and other EIT as being in compliance with Section 504 if such technologies meet standards established under Section, 508 of the Rehabilitation Act, codified at 36 CFR Part 1194. While Section 508 does not apply directly to grant recipients,we encourage recipients to follow either the 508 guidelines or other comparable guidelines that concern accessibility to EIT for individuals with disabilities. Recipients may wish to consult the latest Section 508 guidelines issued by the US Access Board or W3C's Web Content Accessibility Guidelines (WCAG) 2.0 (see http://www.access-board.gov/sec508/guide/index.htm). 7. Quality Assurance Requirements (2 CFR 1500.11) Acceptable Quality Assurance documentation must be submitted to the EPA Project Officer within 30 days of the acceptance of this agreement or another date as negotiated with the EPA Project Officer. No work involving direct measurements or data generation, environmental modeling, compilation of data from literature or electronic media, and data supportingi the design, construction, and operation of environmental technology shall be initiated under this project until the EPA Project Officer, in concert with the EPA Quality Assurance Manager, has approved the quality assurance document. Additional information on these requirements can be found at the EPA Office of Grants and Debarment website: http://www.epa.gov/ogd/grants/assurance.htm. Instructions to Submit Quality Assurance Documents for Review Grantees must submit the quality assurance project plan (QAPP) to his/her EPA Project Officer and the EPA Project Officer forwards the new/revised QAPP to "R1 0 OA Support"via internal email group. Region 10 Quality Assurance Team Contact: Donald M. Brown at (206) 553-0717 or email:_ brown.donaldMOepa.gov. 8. Subaward Reporting Requirement The recipient must report on its subaward monitoring activities under 2 CFR 200.331(d). Examples of items that must be reported if the pass-through entity has the information available are: 1. Summaries of results of reviews of financial and programmatic reports, 2. Summaries of findings from site visits and/or desk reviews to ensure effective subrecipient performance. 3. Environmental results the subrecipient achieved. 4. Summaries of audit findings and related pass-through entity management decisions. 19 of 20 Attachment Cr GRC Agreement F421737Y1-2 5. Actions the pass-through entity has taken to correct deficiencies such as those specified at 2 CFR 200.33 1(e), 2,CFR 200,207 and the 2 CFR Part 200.338 Remedies for Noncompliance. END OF DOCUMENT 20 of 20