HomeMy WebLinkAboutCAG2021-186 - Supplement - Department of Ecology State of Washington - Water Quality NEP Stormwater Initiative Agreement Between State of WA & King County - 10/16/2020Revised 7/29/2020 by A. Plischke Retain a copy of the completed Routing Form as a record the document was approved.
WLR ROUTING FORM FOR AGREEMENTS, GRANT APPLICATIONS & OTHER DOCS
Check all for which you are requesting approval:
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Please return EXECUTED package to:
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(#) Sets of documents for approval Other – Please specify:
Section Manager
RRSS/Snoq Watershed Forum Ecology/Grant Agreement - WQNEP-2020-KCWLRD-00058
10/16/2020 10/15/2022 $164,500
Grant agreement to conduct coho surveys throughout WRIA 7 to determine presence and locations of coho pre-spawn mortality
due to urban runoff syndrome. If coho urban runoff syndrome is suspected, conduct outreach and technical assistance to
municipalities and businesses to design and implement green stormwater infrastructure and post signage or other project
outreach. Partners include Tulalip Tribes, Snohomish and King Conservation Districts, and WA Dept. of Fish and Wildlife.
1
Amy Kaminishi Digitally signed by Amy Kaminishi
Date: 2020.11.04 12:49:40 -08'00'
Kaje, Janne
Digitally signed by Kaje,
Janne
Date: 2020.11.04 14:29:54
-08'00'
Lee, Joan Digitally signed by Lee, Joan
Date: 2020.11.16 10:28:51
-08'00'
Elissa Ostergaard Elissa.Ostergaard@kingcounty.gov (206) 477-4792
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11/18/2020
DocuSign Envelope ID: CC607063-DE56-4043-90A0-2B47F673CA32
Federal Funding Accountability and Transparency Act (FFATA)
Data Collection Form
If you need this document in a format for the visually impaired, call Leann Ryser at (360) 407-7054. Persons with hearing
loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877 -833-6341.
ECY 070-395 (3/11) Page 1 of 2
Federal funds that require compliance with the Federal Funding Accountability and Transparency Act
support this agreement between The Department of Ecology (ECY) and your organization. The purpose
of the Transparency Act is to make information available online so the public can see how recipients
spend federal funds.
Your organization must have a Data Universal Numbering System (DUNS®) number to comply with the
act and be eligible to enter into this agreement. If you do not already have one, you may get a DUNS
number free of charge by contacting Dun and Bradstreet at www.dnb.com. ECY also encourages registration with the
Central Contractor Registration (CCR) to reduce data entry by both ECY and your organization. You may register with
CCR free of charge at www.ccr.gov. ECY will report information about your organization and this agreement to the federal
government as required by Title 2 CFR, Part 25. The public can view this information on the federal government website
www.USASpending.gov.
ECOLOGY AGREEMENT # WQNEP-2020-KCWLRD-
00058
Recipient Information – For Recipient Use Only
1. Legal Name
King County
2. DUNS Number
027567630
3. Principle Place of Performance
201 South Jackson Street, Suite 600
3a. City
Seattle
3b. State
WA
3c. Zip+4
98104-3855
3d. Country
USA
4. Are you registered in CCR? YES. Skip to signature block. Sign, date and return. NO. Continue with 5.
5. In the preceding fiscal year did your organization:
a. Receive 80% or more of annual gross revenue from federal contracts, subcontracts, grants, loans,
subgrants, and/or cooperative agreements; and
b. $25,000,000 or more in annual gross revenues from federal contracts, subcontracts, grants, loans,
subgrants, and/or cooperative agreements; and
c. The public does not have access to information about the compensation of the executives through periodic
reports filed with the IRS or the Security and Exchange Commission per 2 CFR Part 170.330.
NO. Skip to signature block. Sign, date and return.
YES. You must report the following information for the five (5) most highly compensated executives in your
organization. Sign, date and return.
Name Of Official Position Title Total Compensation Amount*
1.
2.
3.
4.
5.
*Note: “Total compensation” means the cash and noncash dollar value earned by the executive during the
subrecipient’s past fiscal year. (For more information, see 17 CFR 229.402 (C)(2)).
By signing this document, the Authorized Representative attests to the in formation above.
Signature of Authorized Representative Print Name
Josh Baldi
Date
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11/18/2020
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Federal Funding Accountability and Transparency Act (FFATA)
Data Collection Form
ECY 070-395 (3/11) Page 2 of 2
Please sign and return this document with the signed agreement. The Department of Ecology will not pay
any invoices until it receives this completed and signed form.
For Department of Ecology Use Only
ECY Agreement Number
Subaward Project Description (see instructions and example below)
Instructions for Subaward Project Description:
In the first line of the description, provide a title for the subaward that captures the main purpose of the subrecipient’s
work. Then, indicate the name of the subrecipient and provide a brief description that captures the overall purpose of the
subaward, how the funds will be used, and what will be accomplished.
Example of a Subaward Project Description:
Increase Healthy Behaviors: Educational Services District XYZ will provide training and technical assistance to chemical
dependency centers to assist the centers to integrate tobacco use into their existing addiction treatment programs. Funds
will also be used to assist centers in creating tobacco-free treatment environments.
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Agreement No. WQNEP-2020-KCWLRD-00058
WATER QUALITY NEP STORMWATER INITIATIVE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
KING COUNTY - WATER AND LAND RESOURCES DIVISION
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and King County - Water and Land Resources Division , hereinafter referred to as the
“RECIPIENT,” to carry out with the provided funds activities described herein.
Finding and Fixing Stormwater Impacts to Coho in
the Snohomish Basin
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:
Project Type:
Project Short Description:
This project will determine stormwater impacts on coho salmon by conducting spawner surveys in coho
spawning streams near areas with roads across the Snohomish River basin. Where coho urban runoff
syndrome (URS) is found, jurisdictions will be notified. The RECIPIENT will provide jurisdictions and businesses
with technical assistance depending on their needs and interest, by identifying projects and assisting with
securing funding for green stormwater infrastructure installation.
Project Long Description:
In coordination with WDFW and NOAA’s NW Fisheries Science Center, the project team (King County, the
Tulalip Tribes, and others) will conduct fall spawner surveys for coho salmon in prioritized streams near urban lands and
roads across the Snohomish basin. The RECIPIENT will document locations where adult coho
returning to spawn die before spawning due to water pollution (coho urban runoff syndrome , aka pre-spawn
$207,464.70
$164,500.00
$164,500.00
$0.00
10/16/2020
10/15/2022
NEP Stormwater Strategic Initiative
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Page 2 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
mortality (Feist et. al., 2017)). Where possible, rates of coho urban runoff syndrome (URS) will be determined.
The coho URS locations will be used to identify areas for water pollution prevention actions, including
stormwater retrofits and green stormwater infrastructure. The RECIPIENT and project partners (Snohomish
Conservation District and King Conservation District) will provide municipalities or businesses with roads or
parking lots that drain directly to the affected streams with information about the findings using a variety of
methods including phone calls, mailers, and in-person visits. Technical assistance will be offered to these
businesses and jurisdictions depending on their needs and interest. Technical assistance may include site
visits, mapping, developing conceptual designs, providing examples of stormwater infrastructure that
infiltrates road runoff, identifying funding sources, and grant writing to implement best management practices
to reduce stormwater pollution from roads. Examples of best management practices that may be proposed
include depave projects (e.g., large parking lots) and bioswales (along roads). Outreach to publicize potential
or planned pollution reduction projects may include signage, press releases, web posts, social media posts,
fact sheets, webinars, slide presentations, photographs, and/or videos. Outreach methods will be determined
based on the interests and needs of the businesses and municipalities involved, as well as whether in-person
meetings are possible to do safely due to the COVID-19 virus.
Overall Goal:
- Convene subject matter experts in salmon surveys and coho urban runoff syndrome to guide the development of this
project.
- Determine locations and, if possible, rates of coho pre-spawn mortality from polluted urban runoff in WRIA 7 streams
in urban areas and near major roads.
- Map locations being impacted by polluted stormwater runoff .
- Provide information and customized technical assistance to businesses and municipalities with paved areas that drain to
locations with coho urban runoff syndrome . Assist as requested with identifying potential projects and obtaining funding
for stormwater retrofits in locations affected by polluted runoff .
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Page 3 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
Organization Fax:
King County - Water and Land Resources Division
91-6001327
027567630
201 South Jackson Street, Suite 600
Seattle, WA 98104
201 South Jackson Street, Suite 600
Seattle, Washington 98104
josh.baldi@kingcounty.gov
(206) 296-0192
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Page 4 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
Elissa Ostergaard
Snoqualmie Salmon Recovery Manager
201 S. Jackson St., Suite 600
Seattle, Washington 98104
Email: elissa.ostergaard@kingcounty.gov
Phone: (206) 477-4792
Authorized
Signatory
Amy Kaminishi
Business Finance Officer
201 South Jackson Street, Suite 600
Seattle, Washington 98104
Email: akaminis@kingcounty.gov
Phone: (206) 477-4760
Billing Contact
Project Manager
Authorized
Signatory
Josh Baldi
Division Director
201 South Jackson Street, Suite 600
Seattle, Washington 98104
Email: josh.baldi@kingcounty.gov
Phone: (206) 477-9440
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Page 5 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
Contacts
Project
Manager
Financial
Manager
Technical
Advisor
Justin Donahue
PO Box 47600
Olympia, Washington 98504-7600
Email: JUSD461@ecy.wa.gov
Phone: (360) 407-7671
Justin Donahue
PO Box 47600
Olympia, Washington 98504-7600
Email: JUSD461@ecy.wa.gov
Phone: (360) 407-7671
Gary Myers
PO Box 47600
Olympia, Washington 98504-7600
Email: gmye461@ecy.wa.gov
Phone: (360) 407-7498
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
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Page 6 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement .
This Agreement contains the entire understanding between the parties , and there are no other understandings or representations
other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Water Quality
Date Date
King County - Water and Land Resources Division
Vincent McGowan, P.E.
Division Director
Josh Baldi
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
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Page 7 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
SCOPE OF WORK
Task Number:1 Task Cost: $4,953.40
Task Title:Project Development
Task Description:
This task must be completed before initiating any other work under this subaward. Work completed on other tasks prior to
completion of Task 1 may be ineligible for reimbursement.
1.1 DETAILED PROJECT PLAN (DPP)
The RECIPIENT will prepare a detailed project outline and timeline to describe project expectations and outcomes . The
detailed project plan will also identify how the objectives of the project will be evaluated, including quantifiable performance
measures and targets. As part of developing the detailed project plan, the RECIPIENT will meet with their Stormwater SI
Grant Program Representative to discuss the project goals, tasks, timeline, and shared workload. Stormwater SI staff will have
the opportunity to provide input on the plan and establish mutual expectations.
The RECIPIENT should provide relevant spatial data for their project and this should be identified in the detailed project plan .
The RECIPIENT should consult with Stormwater SI staff and spatial analysts where appropriate to determine the spatial data ,
associated metadata, and data storage location that are relevant for the project. Project coordinates (latitude, longitude) should
be submitted in decimal degrees.
1.2 QUALITY ASSURANCE PROJECT PLAN (QAPP) DEVELOPMENT
Per EPA subaward terms and conditions, the RECIPIENT must submit a Quality Assurance Project Plan (QAPP) or QAPP
waiver to the Washington State Department of Ecology’s National Estuary Program Quality Assurance Coordinator (NEP
QC) using EPA’s NEP guidance for QAPPs. See http://www.ecy.wa.gov/programs/eap/qa/docs/NEPQAPP/index.html. If a
QAPP is required, the RECIPIENT will work with the NEP QC to develop and approve the QAPP.
Work related to collecting environmental data may not begin until the QAPP or waivers are completed and approved . The
detailed project plan (Task 1.1) may be appended to the QAPP waiver form in lieu of completing page 2.
1.3 EFFECTIVENESS CONSULTATION
The RECIPIENT will consult via telephone once a year with the Puget Sound Partnership (PSP) effectiveness team regarding
project metrics being tracked (30 minutes). PSP effectiveness team will then provide an analysis approach for the NTA , about
a paragraph per project, and will provide results of the effectiveness analysis to the Stormwater Strategic Initiative Advisory
Team. The Stormwater SI grant program representative will send an email to put the RECIPIENT in contact with the PSP
effectiveness team.
Task Goal Statement:
The RECIPIENT will develop a plan for project implementation and monitoring (if required) to support the successful
completion of the PROJECT. As well as maintain communication with PSP to ensure project quality and relevance to the
Strategic Initiative Goals.
Task Expected Outcome:
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Page 8 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
The RECIPIENT will produce and submit to ECOLOGY a DPP, QAPP waiver, and a QAPP (if required) prior to
commencement of the PROJECT or monitoring efforts .
Deliverables
Project Development
Number Description Due Date
1.1 Detailed project plan (DPP) and timeline uploaded to EAGL.
1.2 QAPP Waiver Determination Form submitted to NEP QC and uploaded to
EAGL. If QAPP is required, submit to QC, and once approved by NEP QC
upload to EAGL.
1.3 Effectiveness consultation, one per year for a 30min phone conversation
directly with PSP.
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Page 9 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
SCOPE OF WORK
Task Number:2 Task Cost: $11,809.07
Task Title:Project Administration and Development
Task Description:
This task describes the data collection and reporting requirements associated with this subaward.
2.1 PROJECT FACTSHEET
The RECIPIENT will create a project factsheet and submit with the first quarterly progress report . These will be made publicly
available.
2.2 QUARTERLY PROGRESS REPORTS AND PAYMENT REQUESTS (PRPR)
The RECIPIENT will upload all quarterly PRPR to EAGL. The RECIPIENT shall carry out all work necessary to meet
ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to:
* A description of the work completed in the reporting period , including total spending by the project sponsor and any partners
and any completed deliverables.
* The status and completion date for the project activities and near-term deliverables.
* Description of any problem or circumstances affecting the completion date , scope of work, or costs.
* Evidence of satisfactory completion of all the reporting requirements relevant to the reporting period.
First Reporting Period (January 1–March 31) due by April 15; Second Reporting Period (April 1–June 30) due by July 15;
Third Reporting Period (July 1–September 30) due by October 15; Fourth Reporting Period (October 1–December 31) due
by January 15.
Requirements:
2.2.1 EPA FEATS REPORTING
Complete semi-annual FEATS progress reports, and a final FEATS report. The final FEATS report, reflecting the final project
billing, will be provided by the RECIPIENT during project closeout, within 60 days of the expiration of the grant, and will
describe the entire project, highlighting project outcomes, and discussing lessons learned. FEATS Reporting Periods: April 1–
September 30, due by October 15; October 1–March 31, due by April 1. Draft final FEATS report to be defined in DPP.
2.2.2 PUGET SOUND PARTNERSHIP NTA REPORTING
NTA owners are required to report:
* Implementation status of their actions on semiannual basis (spring & fall)
* Financial status of their actions on an annual basis (summer)
2.2.3 STORAGE AND RETRIEVAL AND WATER QUALITY EXCHANGER (STORET) DATA REPORTING (IF
NEEDED)
STORET refers to an electronic data system for water quality monitoring data developed by EPA . If the RECIPIENT collects
any physical, chemical, or environmental data (e.g. dissolved oxygen, water temperature, salinity, turbidity, pH, phosphorous,
total nitrogen, E. coli or Enterococci, and other biological and habitat data), then STORET reporting is required. Data for an
entire calendar year (Jan 1–Dec 31) submitted annually. To assist in STORET tracking, name your project as follows:
NEP_2016_ (organization name); the unique project ID needs to be 35 characters max. More information about WQX,
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Page 10 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
WQX web, and the STORET warehouse, including tutorials, can be found at EPA website.
Alternatively, the RECIPIENT can comply with this requirement by submitting project data formatted for entry into Ecology’s
Environmental Information Management (EIM) system, and Ecology will be responsible for the subsequent transfer of the data
to STORET.
2.3 FINAL PROJECT REPORT
A final report will be written by the RECIPIENT describing the methods , results, lessons learned and recommendations for
future work. The final report evaluates the success of achieving the performance measures identified in the detailed project plan.
Included with the final project report will be an updated Project Factsheet.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements.
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement , quarterly progress reports, EAGL closeout report, FEATS
reports, PSP NTA reports, STORET reports (if needed) and final project report.
* Properly maintained project documentation
Deliverables
Project Administration and Development
Number Description Due Date
2.1 Complete Project Factsheet (template provided), submitted directly to
ECOLOGY Project Manager (PM).
2.2 Quarterly Progress Reports and Invoicing submitted to EAGL. FEATS, PSP
NTA and STORET reporting coordinate submittal with ECOLOGY PM.
2.3 Submit Final Project Report including Final FEATS and updated factsheet.
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Page 11 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
SCOPE OF WORK
Task Number:3 Task Cost: $73,363.88
Task Title:Coho Surveys
Task Description:
This task describes the coho salmon spawning surveys, data compilation, and results reporting.
3.1 COHO SURVEY PLANNING
The RECIPIENT will select sites, obtain property access permission from landowners, coordinate survey schedules, and
obtain survey equipment, not to exceed $1,000 and approved by ECOLOGY'S Project Manager, during summer and fall
2020. The RECIPIENT will select sites in cooperation with Tulalip Tribes, Washington Department of Fish and Wildlife and
NOAA. Additional planning may be needed in 2021 to refine sites for the fall 2021 survey season. Property permissions for
conducting surveys will be requested for both survey seasons.
3.2 COHO SURVEYS AND REPORTING
The RECIPIENT and Tulalip Tribes will conduct coho salmon surveys to determine locations of coho urban runoff syndrome in
selected reaches in fall 2020 and 2021. Rates of coho urban runoff syndrome may be determined where surveys encompass
discrete coho spawning reaches. Data collected by WDFW on the annual coho spawning index reaches will also be
catalogued. Survey methods will follow the protocols from Scholz et al. 2011, “Recurrent Die-Offs of Adult Coho Salmon
Returning to Spawn in Puget Sound Lowland Urban Streams.” Surveys of each reach will be completed weekly from
mid-November until the end of the coho spawning season, expected to be the first or second week of January. Live and dead
coho will be counted, and dead females will be examined for hatchery marks, egg retention and signs of predation. The
RECIPIENT will compile and enter data into Excel spreadsheets and create maps and a technical memo documenting the
survey findings. The RECIPIENT will ensure the technical memo contains EPA funding language .
Task Goal Statement:
The goal of this task is to identify locations of coho urban runoff syndrome .
Task Expected Outcome:
The outcome of this task is to map locations of coho urban runoff syndrome and pre -spawn mortality, as well as determine if
the mortality is caused by polluted urban runoff .
Deliverables
Coho Surveys
Number Description Due Date
3.1 Maps of coho survey sites and survey schedules for 2020 and 2021, uploaded
to EAGL.
3.2 Coho survey results - maps and technical memo, uploaded to EAGL.
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Page 12 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
SCOPE OF WORK
Task Number:4 Task Cost: $68,531.04
Task Title:Stormwater Outreach and Technical Assistance
Task Description:
This task describes stormwater outreach and technical assistance to jurisdictions where coho urban runoff syndrome is
found.
4.1 PRE-PROJECT OUTREACH
The RECIPIENT will create an agreement and a scope of work with Snohomish Conservation District , who will lead the
effort for outreach and technical assistance with King Conservation District as a sub -recipient. Pre-project outreach will
be conducted by fall 2021. The RECIPIENT will conduct outreach by webinars for businesses and in -person conversations,
possibly a mailer to selected businesses and municipalities near the survey reaches, to let them know about the problem
road runoff poses for coho salmon and the goals of the project . The RECIPIENT will ensure that outreach materials
contains EPA funding language .
4.2 OUTREACH AND TECHNICAL ASSISTANCE
The RECIPIENT will conduct outreach and technical assistance following the coho spawning surveys beginning in 2021.
The RECIPIENT, Snoqualmie Watershed Forum and Tulalip Tribes will inform Snohomish Conservation District as early as
possible when coho urban runoff syndrome is found . Municipalities or businesses with roads or parking lots that drain
directly to the affected streams will be provided information about the findings using a variety of methods including
phone calls, mailers, and in-person visits. Technical assistance will be offered to these businesses and jurisdictions
depending on their needs and interest. Technical assistance may include site visits , mapping, developing conceptual
designs, providing examples of stormwater infrastructure that infiltrates road runoff identifying funding sources , and
grant writing to implement best management practices to reduce stormwater pollution from roads. Outreach to
publicize potential or planned pollution reduction projects may include signage, press releases, web posts, social media
posts, fact sheets, webinars, slide presentations, photographs, and/or videos. Outreach methods will be determined
based on the interests and needs of the businesses and municipalities involved, as well as whether in-person meetings
are possible to do safely due to the COVID-19 virus. If coho urban runoff syndrome is not found , technical assistance will
be dramatically reduced and additional outreach will be conducted about stormwater impacts and preventing
stormwater pollution.
Task Goal Statement:
The goal of this task is to provide outreach to local businesses regarding coho surveys and pre-spawn mortality, as well as
assist those businesses with actions to reduce polluted runoff from their property .
Task Expected Outcome:
The task outcome will be increased awareness of coho pre-spawn mortality and actions needed to reduce polluted runoff and
contribute to the solution.
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Page 13 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
Deliverables
Stormwater Outreach and Technical Assistance
Number Description Due Date
4.1 Recording of public webinar and/or copies of outreach materials for
businesses and municipalities, uploaded to EAGL
4.2 Agreement with Snohomish Conservation District, uploaded to EAGL
4.3 Conceptual designs, uploaded to EAGL
4.4 Outreach for planned pollution reduction projects, uploaded to EAGL
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Page 14 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
SCOPE OF WORK
Task Number:5 Task Cost: $5,842.61
Task Title:Broader Impacts and Communication
Task Description:
This task describes the presentation of project results.
5.1 CONFERENCE PRESENTATION
The RECIPIENT and/or partners to this grant (Tulalip Tribes, Snohomish Conservation District and any sub-recipients) will
present findings and results at the 2022 Salish Sea Ecosystem Conference, the 2023 Salmon Recovery Conference, other
appropriate conference, and/or to the Puget Sound STORM group comprised of outreach staff from jurisdictions with
NPDES permits. The presentation will contain EPA funding language and acknowledge the Stormwater Strategic Initiative
of the Puget Sound Action Agenda.
Task Goal Statement:
The goal of this task is to share the scope and results of the project with the wider Puget Sound stormwater management and
Pacific coast salmon recovery community.
Task Expected Outcome:
Slide presentation and presentation given to appropriate group at an appropriate venue.
Deliverables
Broader Impacts and Communication
Number Description Due Date
5.1 Powerpoint presentation, uploaded to EAGL
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Page 15 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
BUDGET
Funding Distribution EG210104
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
Federal
Puget Sound Action Agenda -Implementation Strategies and Actions for Vital Sign
Recovery Assistance
100%
Stormwater Strategic Initiative
Type:
Funding Source %:
Description:
Federal Awarding Agency:
Federal Awarding Agency Contact:
Federal Awarding Agency Phone:
Federal Awarding Agency Email:
Federal Awarding Agency Address:
CFDA Catalog Name:
CFDA Number:
FAIN:
Research Grant:
Federal Award Date:
Total Federal Award Amount:
U.S. Environmental Protection Agency
Michael Rylko
206-553-4014
rylko.michael@epa.gov
66.123
01J18101
No
6/1/2016
$66,000,000.00
Puget Sound Action Agenda : Technical Investigations and
1200 Sixth Avenue, Suite 900, OWW-193 Seattle, WA 98101
$164,500.00Federal Funds Obligated To Recipient:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved Rate Negotiated Between ECOLOGY and RECIPIENT : 29.35%
0%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
NEP Stormwater Strategic Initiative
10/16/2020 10/15/2022
Grant
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Page 16 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
NEP Stormwater Strategic Initiative Task Total
Project Development 4,953.40$
Project Administration and Development 11,809.07$
Coho Surveys 73,363.88$
Stormwater Outreach and Technical Assistance 68,531.04$
Broader Impacts and Communication 5,842.61$
164,500.00$Total:
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Page 17 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%164,500.00 164,500.000.000.00NEP Stormwater Strategic
Initiative
Total $$0.00 164,500.00 $164,500.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
NEP EPA Administrative Conditions
1. EPA General Terms and Conditions
The RECIPIENT agrees to comply with the current EPA general terms and conditions . These terms and conditions are in
addition to the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited
throughout the award.
The EPA repository for the general terms and conditions by year can be found at
http://www.epa.gov/grants/grant-terms-and-conditions.
2. EPA General Terms and Conditions - Consultant Cap - Additional Information
In addition to the EPA General Terms and Conditions #6 "Consultant Cap", as of August 2January 1, 2018, the limit is
$629.42 per day $78.6778.68 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:
https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2018/executive-senior-level.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. EPA 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: http://www2.epa.gov/sites/production/files/2015-07/documents/tribal_grant_cyber_security_condition.pdf.
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Page 18 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
For Other Recipients:
http://www2.epa.gov/sites/production/files/2015-07/documents/cyber_security_grant_condition_for_other_r ecipients.pdf.
4. EPA General Terms and Conditions - Indirect Costs for States and Tribal
The cost principles of 2 CFR 200 Subpart E are applicable, as appropriate, to this award.
In addition to the EPA 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 VII.
For State Agencies
The RECIPIENT must send its proposal to its cognizant federal agency within six (6) months after the close of the
governmental unit's fiscal year. If EPA is the cognizant federal agency, the state RECIPIENT must send its indirect cost rate
proposal within six (6) months after the close of the governmental unit’s fiscal year to :
Regular Mail
Financial Analysis and Rate Negotiation Service Center
Office of Acquisition Management
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW, MC 3802R
Washington, DC 20460
Mail Courier (e.g. FedEx, UPS, etc.)
Financial Analysis and Rate Negotiation Service Center
Office of Acquisition Management
US Environmental Protection Agency
1300 Pennsylvania Avenue, NW, 6th floor
Bid and Proposal Room Number 61107
Washington, DC 20004
For Indian Tribe
If the RECIPIENT does not have a previously established indirect cost rate , the RECIPIENT must submit their indirect cost
rate proposals to:
National Business Center
Indirect Cost Services
U.S. Department of the Interior
2180 Harvard Street, Suite 430
Sacramento, CA 95815-3317
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 (MBE/WBE)
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Page 19 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with
the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s Business
Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33,
Subpart C.
The RECIPIENT agrees to make the following good faith efforts whenever procuring construction , equipment, services, and
supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained :
1) Ensure Disadvantaged Business Enterprises 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 shall
include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation
by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for
bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date.
3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged
Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged
Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of
these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request .
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin or sex in the
performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and
administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these
requirements is a material breach of this agreement which may result in the termination of this contract or other legally available
remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections . The RECIPIENT shall comply
with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964,
Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of
1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with
Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or
policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared
ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure
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Page 20 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers,
vendors, and any other entity for work or services pertaining to this agreement. “The Contractor will not discriminate on the
basis of race, color, sex, or national origin, in the performance of this Contract. The Contractor will carry out applicable
requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency
financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may
result in termination of this Contract or other legally available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders
list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts,
including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
NEP EPA Programmatic Conditions
The RECIPIENT and any sub-recipient must comply with the applicable EPA general terms and conditions outlined below .
These terms and conditions are in addition to the assurances and certifications made as part of the award and terms, conditions
or restrictions reflected on the official assistance award document .
Puget Sound Scientific Studies and Technical Investigations Assistance Program
Programmatic Terms and Conditions
1. Semi-Annual Performance Reports
The RECIPIENT shall submit performance reports every six (6) months during the life of the project. Reports are due 30
calendar days after the end of each reporting period. 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 why established goals were not met, if appropriate;
(c) Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs.
In addition to the semi-annual performance reports, the RECIPIENT shall immediately notify the EPA Project Officer of
developments that have a significant impact on the award-supported activities. 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.
The RECIPIENT will submit performance reports through EPA’s Puget Sound Financial and Ecosystem Accounting Tracking
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Page 21 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
System (FEATS). Reports are due 30 calendar days after the end of each reporting period. The reporting periods shall end
March 31st and September 30th of each calendar year. Reports shall be submitted to the EPA Project Officer on the FEATS
form provided by the Project Officer and shall be submitted by electronic mail . 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.
2. Program Income - Addition
If program income is generated, the RECIPIENT is required to account for program income related to this project . Program
income earned during the project period shall be retained by the RECIPIENT and shall be added to funds committed to the
project by EPA and the RECIPIENT, and shall be used to further eligible project objectives.
3. Recognition of EPA Funding
Reports, documents, signage, videos, or other media, developed as part of projects funded by this assistance agreement shall
contain the following statement: “This project has been funded wholly or in part by the United States Environmental Protection
Agency under assistance agreement (number) to (RECIPIENT). The contents of this document do not necessarily reflect the
views and policies of the Environmental Protection Agency , nor does mention of trade names or commercial products
constitute endorsement or recommendation for use.”
4. Annual Conferences
The RECIPIENT may attend one or more appropriate conferences each year , which may be within the Puget Sound region.
The specific conferences will be determined in consultation with the EPA Project Officer . The purpose of this requirement is to
provide RECIPIENTs with opportunities to learn about and benefit from other relevant initiatives and programs that relate to
the funded work; to exchange information about their funded work with organizations that may benefit from their experience ;
and generally to raise awareness within the Puget Sound, Salish Sea, and large aquatic ecosystem protection and restoration
communities of the funded work Example of potentially relevant conferences include, but are not limited to, the biennial Puget
Sound-Georgia Basin Ecosystem Conference (http://depts.washington.edu/uwconf/psgb/); and local or regional meetings of
Tribal, professional, scientific, or other relevant associations. Specific conferences will depend on the nature of the work
proposed. Recipient will be allowed to use award funds to pay for travel and lodging. Recipient should include anticipated
costs for attending conferences in their proposed budget.
5. Peer Review
The results of this project may affect management decisions relating to Puget Sound . Prior to finalizing any significant technical
products the Principal Investigator (PI) of this project must solicit advice, review and feedback from a technical review or
advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how
respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or
products resulting from the funded study.
6. Competency of Organizations Generating and /or Using Environmental Measurement Data
The RECIPIENT is responsible for any subgrantees or subrecipients . This policy is between EPA and the grantee, and it is the
grantee’s choice as to how the policy is carried out with any subrecipients . EPA did not include subrecipients’ criteria in the
policy. The burden is on the RECIPIENT of the EPA award to ensure that it has confidence in the information being provided
to EPA, regardless of the source of that information. The RECIPIENT can apply the checks and balances it chooses to its
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Page 22 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
subrecipients. EPA relies on its awardees to ensure that they are supplying EPA with data of the best known and documented
quality that they can.
7. STORET Requirement
RECIPIENTs are required to institute standardized reporting requirements into their work plans and include such costs in their
budgets. All water quality data generated in accordance with an EPA approved Quality Assurance Project Plan as a result of
this assistance agreement, either directly or by subaward, will be required to be transmitted into the Agency’s Storage and
Retrieval (STORET) data warehouse using either WQX or WQX web . Water quality data appropriate for STORET include
physical, chemical, and biological sample results for water, sediment and fish tissue. The data include toxicity data,
microbiological data, and the metrics and indices generated from biological and habitat data. The Water Quality Exchange
(WQX) is the water data schema associated with the EPA, State and Tribal Exchange Network. Using the WQX schema
partners map their database structure to the WQX/STORET structure. WQX web is a web based tool to convert data into the
STORET format for smaller data generators that are not direct partners on the Exchange Network . More information about
WQX, WQX web, and the STORET warehouse, including tutorials, can be found at http://www.epa.gov/storet/wqx/
If activities submitted as match for this federal assistance agreement involve the generation of water quality data, the resulting
information must be publicly accessible (in STORET or some other database). Recipients are encouraged to develop a cross
walk between any non-STORET database utilized for the storage of water quality data associated with match activities and
EPA’s Water Quality Exchange (WQX).
8. Riparian Buffers
Riparian buffer restoration projects in agricultural areas shall be consistent with the interim riparian buffer recommendations
provided to EPA and the Natural Resource Conservation Service by National Marine Fisheries Service letters of January 30,
2013 (stamp received date - February 4, 2013) and April 9, 2013 (stamp received date – April 16, 2013), or the October
28, 2013 guidance. Grantees shall confirm in writing projects' consistency with the recommendations referenced above. When
developing project proposals, grantees also should consider the extent to which proposals include appropriate riparian buffers
or otherwise address pollution sources on other water courses on the properties in the project area to support water quality
and salmon recovery. Deviations can only be obtained through an exception approved by EPA . In order for EPA to evaluate a
request for an exception, the grantee must submit the scientific rationale demonstrating adequacy of buffers for supporting
water quality and salmon recovery. The request must summarize tribal input on the scientific rationale or other relevant issues.
The scientific rationale could be developed from sources such as site-specific assessment data, salmon recovery plans, Total
Maximum Daily Loads (TMDLs) and the state nonpoint plan. EPA will confer with the National Oceanic and Atmospheric
Administration (NOAA) and the Washington Department of Ecology and provide the opportunity for affected tribes to consult
with EPA before making a final decision on a deviation request .
9. International Travel (Including Canada)
All International Travel must be approved by the Office of International and Tribal Affairs (OITA) BEFORE travel occurs.
Even a brief trip to a foreign country, for example to attend a conference, requires OITA approval. Please contact your EPA
Project Officer as soon as possible if travel is planned out of the country , including Canada and/or Mexico, so that they can
obtain appropriate approvals from EPA Headquarters . If you have questions, please contact your EPA Project Officer listed
on the front page of the Award Document .
10. Geospatial Data Standards
All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC) endorsed standards.
Information on these standards may be found at www.fgdc.gov
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Page 23 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
11. Lobbying and Litigation - Restated from Administrative Condition #1, General Terms and Conditions,
Effective 10/3/2016 (#29. Lobbying and Litigation)
a. All Recipients. i. The chief executive officer of this recipient agency shall ensure that no grant funds awarded
under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against
the U.S. unless authorized under existing law. The recipient shall abide by the Cost Principles available at 2 CFR
200 which generally prohibits the use of federal grant funds for litigation against the U.S. or for lobbying or other
political activities.
ii. The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The recipient shall
include the language of this provision in award documents for all subawards exceeding $100,000, and require that
subrecipients submit certification and disclosure forms accordingly.
iii. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under
Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such expenditure. iv. Contracts awarded by a recipient shall
contain, when applicable, the anti-lobbying provision as stipulated in the Appendix II to Part 200—Contract
Provisions for Non-Federal Entity Contracts Under Federal Awards .
v. Pursuant to Section 18 of the Lobbying Disclosure Act, the recipient affirms that it is not a nonprofit organization
described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a nonprofit organization described
in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of theLobbying
Disclosure Act. Nonprofit organizations exempt from taxation under section 501(c)(4) of the Internal
Revenue Code that engage in lobbying activities are ineligible for EPA subawards .
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
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
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Page 24 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
·Receives more than $25,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required DUNS number, at
www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
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Page 25 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION
1.ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent
and character of all work and services.
2.AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3.ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources .
The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural
artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
•For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor
Executive Order 05-05, Archaeology and Cultural Resources.
•For projects with any federal involvement, if required, comply with the National Historic Preservation Act .
•Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site.
b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
•Keep the IDP at the project site.
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Page 26 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
•Make the IDP readily available to anyone working at the project site .
•Discuss the IDP with staff and contractors working at the project site .
•Implement the IDP when cultural resources or human remains are found at the project site .
c)If any archeological or historic resources are found while conducting work under this Agreement :
•Immediately stop work and notify the ECOLOGY Program , the Department of Archaeology and Historic Preservation at
(360) 586-3064, any affected Tribe, and the local government.
d)If any human remains are found while conducting work under this Agreement :
•Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, and then the
ECOLOGY Program.
e)Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting cultural resources and human remains.
5.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7.COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e)ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof,
has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement ,
as appropriate, or upon completion of an audit as specified herein.
j)RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial, performance, and
other reports required by this agreement. Failure to comply may result in delayed reimbursement.
8.COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
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Page 27 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
Washington which affect wages and job safety .
b)RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11.DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a)RECIPIENT notifies the funding program of an appeal request .
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d)ECOLOGY reviews the RECIPIENT’s appeal.
e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
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Page 28 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12.ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
•Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise .
•Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
•Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13.GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15.INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
16.KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
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Page 29 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18.ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19.PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior
to production and distribution.
b)RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c)If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20.PROGRESS REPORTING
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b)RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c)RECIPIENT shall use ECOLOGY’s provided progress report format .
d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
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Page 30 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e)RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
21.PROPERTY RIGHTS
a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g)Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
22.RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a)Be kept in a manner which provides an audit trail for all expenditures.
b)Be kept in a common file to facilitate audits and inspections.
c)Clearly indicate total receipts and expenditures related to this Agreement .
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Page 31 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23.RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24.SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to
this end the provisions of this Agreement are declared to be severable .
25.STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26.SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
27.SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
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Page 32 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c)By Mutual Agreement
Template Version 10/30/2015
DocuSign Envelope ID: A753C4C3-7E07-4181-B1E3-0E79DD8A2857DocuSign Envelope ID: CC607063-DE56-4043-90A0-2B47F673CA32
Page 33 of 33State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQNEP-2020-KCWLRD-00058
Finding and Fixing Stormwater Impacts to Coho in the Snohomish Basin
King County - Water and Land Resources Division
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d)In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29.THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30.WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
Template Version 10/30/2015
DocuSign Envelope ID: A753C4C3-7E07-4181-B1E3-0E79DD8A2857DocuSign Envelope ID: CC607063-DE56-4043-90A0-2B47F673CA32
Certificate Of Completion
Envelope Id: A753C4C37E074181B1E30E79DD8A2857 Status: Completed
Subject: Signature Request: WQNEP_2020_Coho Grant Agreement
Source Envelope:
Document Pages: 36 Signatures: 3 Envelope Originator:
Certificate Pages: 4 Initials: 0 Kris Nielsen
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
401 5th Ave
Suite 100
Seattle, WA 98104
Kris.Nielsen@kingcounty.gov
IP Address: 73.109.121.189
Record Tracking
Status: Original
11/18/2020 10:01:31 AM
Holder: Kris Nielsen
Kris.Nielsen@kingcounty.gov
Location: DocuSign
Security Appliance Status: Connected Pool: FedRamp
Storage Appliance Status: Connected Pool: King County General (ITD)Location: DocuSign
Signer Events Signature Timestamp
Josh Baldi
josh.baldi@kingcounty.gov
WLR Division Director, DNRP
Security Level: Email, Account Authentication
(None)Signature Adoption: Uploaded Signature Image
Using IP Address: 71.212.158.24
Sent: 11/18/2020 10:16:55 AM
Viewed: 11/18/2020 10:41:45 AM
Signed: 11/18/2020 10:42:15 AM
Electronic Record and Signature Disclosure:
Accepted: 11/18/2020 10:41:45 AM
ID: 07c08af7-a5a8-44cb-a08b-1984226f6b04
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/18/2020 10:16:55 AM
Certified Delivered Security Checked 11/18/2020 10:41:45 AM
Signing Complete Security Checked 11/18/2020 10:42:15 AM
Completed Security Checked 11/18/2020 10:42:15 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
DocuSign Envelope ID: CC607063-DE56-4043-90A0-2B47F673CA32
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO King County ITD (we, us or Company) may be required by
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All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 2/1/2018 6:03:55 AM
Parties agreed to: Josh Baldi
DocuSign Envelope ID: CC607063-DE56-4043-90A0-2B47F673CA32
How to contact Carahsoft OBO King County ITD:
You may contact us to let us know of your changes as to how we may contact you electronically,
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receive notices and disclosures electronically as follows:
To contact us by email send messages to: bob.johnson@kingcounty.gov
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To let us know of a change in your e-mail address where we should send notices and disclosures
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To request paper copies from Carahsoft OBO King County ITD
To request delivery from us of paper copies of the notices and disclosures previously provided
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the body of such request you must state your e-mail address, full name, US Postal address, and
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To withdraw your consent with Carahsoft OBO King County ITD
To inform us that you no longer want to receive future notices and disclosures in electronic
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withdrawing consent for online documents will be that transactions may take a longer
time to process..
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available to me by Carahsoft OBO King County ITD during the course of my
relationship with you.
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