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HomeMy WebLinkAbout000280 Original ContractThe source of funds for this agreement is: Maximum Eligible Project Cost: $154,700 N: \CCOUNCIL\FINAL\Local Source Control Program Grant docx INTERAGENCY AGREEMENT NO. C1200182 BETWEEN THE STATE OF WASHINGTON AND CITY OF PORT ANGELES F LECECNEED JAN 0 C 7nt7 H1TR HQ THIS AGREEMENT is made and entered into by and between the DEPARTMENT OF ECOLOGY, hereinafter referred to as "ECOLOGY and the City of Port Angeles (PARTNER SIGNS FIRST) hereinafter referred to as the "City." AGREEMENT PURPOSE The purpose of this agreement is to provide funding for the Partner government to hire a "Local Source Control Specialist" (LSCS) as part of the Local Source Control Partnership. The LSCS will provide technical assistance and education services to small businesses in an effort to prevent pollution of the urban waters of the state. The LSCS will make referrals to ECOLOGY as needed, and report measurable environmental results. EPA Watershed Protection and Restoration grant Catalog of Federal Domestic Assistance Number 66.123 Nearshore Estuary Program (NEP) Watershed Protection and Restoration grant PC- 00J27601 -0 As a Sub Recipient of federal funds, Port Angeles shall comply with all applicable federal, State, and local laws, rules, and regulations in carrying out the terms and conditions of this Agreement as set forth in Attachment C, attached hereto, and incorporated herein IT IS MUTUALLY AGREED THAT: Under the Local Source Control Partnership, the Partner government will conduct multimedia source control site visits and pollution prevention activities to conditionally exempt small quantity generator (CESQG) businesses, designed to reduce or eliminate hazardous waste and pollutants at the source. The Local Source Control Program expects to conduct a minimum of 2,000 site visits per year. We will work with individual jurisdictions to set site visit expectations to reach this target. Ecology will coordinate this partnership through a Local Source Control Program Coordinator, and support collaborative efforts to protect and restore Puget Sound and the Spokane River Watershed. The Local Source Control Coordinator will work directly with partner governments to establish and monitor interagency agreements authorized under Chapter 39.34 RCW, InterPartner Cooperation Act. The Local Source Control Specialists will continue to fill a critical gap at the local level by working with small businesses to avoid contamination and recontamination of previously cleaned up sites, reduce the impacts from stormwater pollution and eliminate potential sources of toxics and hazardous waste. The Local Source Control Specialist will fill an important role in providing small business technical assistance to comply with regulations and implement pollution prevention practices. STATEMENT OF WORK The City shall furnish the necessary personnel, equipment, material and /or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachments "A" and "B attached hereto and incorporated herein. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on date of final contract signature, and be completed on _June 30, 2013, unless terminated sooner as provided herein. Ecology reserves the option to review the contract after one year and adjust the scope of work and budget according to actual performance. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $154,700.00. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount. If the jurisdiction finds itself unable to complete the contracted number of visits, the contract amount will be reduced proportionally. Compensation for service(s) shall be based on the following rates or in accordance with the following terms, or as set forth in accordance with the budget in Attachment "B" which is attached hereto and incorporated herein. Purchase of source control tools for distribution to CESQG businesses may not exceed $2,500.00 for the 24 -month contract period. Any purchases of equipment or goods over $1,000 must be pre approved by the LSC Program Coordinator. Overhead Indirect Charges Ecology prefers this rate to be charged on Salaries and Benefits only. If the partner jurisdiction calculates this on a different base, attach a complete explanation of the items in the base. Indicate the rate in the cell provided on Attachment B, Invoice Detail. BILLING PROCEDURE The City shall submit invoices using state invoice voucher A19 -1A, (provided) on a quarterly basis (Jan -Mar, Apr -Jun, Jul -Sept, Oct -Dec) within 40 days following the end of the quarter, to the Partner Source Control Program Coordinator. Payment to the City for approved and completed work will be made by warrant or account transfer by the Department of Ecology within 30 days of receipt of a properly completed invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. Invoices for the last month of the biennium (June, 2013), are due by July 30, 2013. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the Department of Ecology. Data shall include, but not be limited to, site visit checklist data, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and /or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. PUBLICATION REQUIREMENTS- these requirements apply if publications are created for Ecology use. 1. Apply Plain Talk principles to the document: http: /www.ecy.wa.gov /quality /plaintalk /resources /pub expectations.pdf 1. Use the Department of Ecology logo. Request a copy of the logo from the agency's Communication Office (360) 407- 7006. 2. Include the agency approved ADA (American with Disabilities Act) language on the document. (Request the current language from the program's publication coordinator.) 3. Include an agency publication number. (Request a publication number from the program's publication coordinator.) 4. Provide an electronic copy of the document in software that meets the current graphics industry standards software and that Ecology employs. N \CCOUNCIL\PINAL \Local Source Control Program Grant docx INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. In the event of staff changes or layoffs directly affecting execution of this contract, Ecology reserves the right to periodically review and amend Attachment "A" and "B the scope of work and budget, respectively. TERMINATION Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Statement of work; and c. Any other provisions of the agreement, including materials incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 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, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. N• \CCOUNCIL\FINAL \Local Source Control Program Grant docx CONTRACT MANAGEMENT The project manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Contract/Project Manager for Ecology is: Julia McHugh, Hazardous Waste and Toxics Reduction Program, Washington State Department of Ecology, N. 4601 Monroe, Spokane, WA 99205 -1295, 509 329 -3551, jmch461 @ecy.wa.gov The Contract/Project Manager for City of Port Angeles is: Ms. Terri Partch, PE, 321 Fifth Avenue, Port Angeles, WA 98362, (360) 417 -4811, tpartch @cityofpa.us The parties have signed this Agreement. Polly Zehm Deputy Director State of Washington Department of Ecology Dept/1-( Dire c-vr- Title APPROVED AS TO FORM: ATTORNEY GENERAL'S OFFICE Kent Myers City Manager City of Port Angeles 321 East Fifth Street Port Angeles, WA 98362 (PARTNER SIGNS FIRST) OIryi jW 1 eitS City Manager Staff Estimated %FTE Role To be Hired 1.0% Local Source Control Specialist Terri Partch, P.E. 0.1% Direct Supervisor and Stormwater Engineer storm water BMP's IDDE program manager assist with storm water site issues Alisha Hicklin 0.1% Wastewater Source Control Coordinator Wastewater BMP's specialty training and support assistance assist with wastewater pretreatment and effluent issues Helen Freulich 0.1% Waste Reduction Specialist Waste Reduction, SQG and Recycling strategies assistance Attachment A FY2011 -13 Statement of Work Scope of Work Work Allocation: based on 1.0 FTE, LSC Specialist work is expected to fall within these general proportions: o 75% Site visits (including local government specific activity) o 15% Education Outreach o 10% Networking Training Kev Personnel City is responsible for the bulleted deliverables that follow each task description below. Element 1. Source Control Site Visits and Technical Assistance The Local Source Control Specialist (LSCS) will conduct 200 source control site visits to small quantity generator (SQG) businesses during the biennium, within the following guidelines: Identify and coordinate with respective Ecology Regional Offices on an ongoing basis, which business sectors, watershed -based geographical areas, and /or priority toxic pollutants that will be the focus of the site visit program. Ensure that businesses are not being visited by other Source Control or Urban Waters staff, and that the business is not a Medium or Large Quantity Generator. A combination of data sources is recommended: local jurisdiction databases (GIS data, public utility, pre- treatment, stormwater, etc.), Ecology data bases (Facility Site data base, Hazardous Waste Fee data base) Yellow Pages, WA Dept of Licensing, WA Dept of Revenue, county records, and internet search tools. Depending upon jurisdiction conditions, approximately 70% of the visits are to new, `never- visited' small businesses or to those that have not received a LSC Specialist visit in 3 or more years, and approximately 30% for follow -up /return visits to resolve any high priority environmental issues (HPEI) found. This guideline will help determine business risk change and adoption of Best Management Practices. N: \CCOUNCIL\FINAL \Local Source Control Program Grant docx The following nine HPEIs, extracted from the last page of the LSC checklist, are Ecology's top priorities for follow -up visits to ensure correction of the problem. Other issues found on -site and their follow -up are at the discretion of the local jurisdiction. Hazardous Waste: o Properly designate waste o Properly dispose of waste o Properly store'products /wastes o Repair or replace degraded open chemical containers Stormwater: o Correct illegal plumbing connection o Halt discharges of process wastewaters to storm drain o Properly store containerized materials o Properly store non containerized materials o Clean and eliminate Teaks and spills from storage areas Ecology reserves the ability to direct a portion of business site visits towards specific priority sources or contaminants as follows: o toxics in stormwater; o copper, mercury, lead, cadmium and or zinc sources o vehicle repair, property management, paint coatings, industrial operations, retail, marine, healthcare, agriculture, governmental operations, hospitality, school districts o sources of persistent, bioaccumulative and toxic contaminants (PBTs), such as Abandoned /Bankrupt sites or outdoor operational washing activities When unable to resolve the business' HPEIs, follow Ecology's business referral policy, outlined in the `LSCP Contact and Referral Guide' (distributed prior to contract finalization). Complete Ecology's source control checklist for each site visit. Coordinate with local jurisdictions and Ecology's Regional Office in a timely manner regarding complaints about or from SQG businesses. Coordinate with respective Ecology Regional Offices to go on periodic site visits with regional staff to promote consistency and effectiveness of site visit techniques and conveying technical information to businesses. If completing contracted site visits prior to the end of the contract period, use 70% of remaining time to do additional site visits. Element 2. Multi -media Technical Assistance During on -site visits and follow -up contact, provide technical assistance on waste and toxics reduction, storage, and disposal and pollution prevention. Follow -up assistance and general business outreach may be letters to or phone consultations with individual businesses, meetings, publications, newsletters, workshops, providing internet resources, and other forms of technical information distribution. Local Activity Deliverable Provide waste reduction materials and education Distribution of small business waste reduction and recycling brochures and documents on website Provide initial contact and introduction of Port Angeles Wastewater Pretreatment Program as it relates to commercial food preparation including restaurants, cafes, bars, hotels, school kitchens and bakeries Distribution of Port Angeles Municipal Code wastewater code and technical assistance to reduce impacts to wastewater collection system due to fats, oils and grease (FOG). Industrial Detection and D Elimination Assessments dye and /or smoke tracing to help identify storm drains linked to subject properties. Assist Stormwater division with NPDES surface water permit and technical assistance Coordinate and collaborate to develop technical assistance messages and outreach materials and resources with Ecology technical staff and other internal local government personnel or functions such as fire marshal, code enforcement, storm water, wastewater treatment plant, and moderate risk waste staff. Utilize the services of the NW Pollution Prevention Resource Center (www.pprc.orq) and Washington Stormwater Center (www.cityofpuyallup.orq /services /development- services/puyallups- stormwater management- program /washington- stormwater- center to promote business awareness and adoption of stormwater best management practices and pollution prevention techniques. Encourage businesses to participate in local green business programs, including the EnviroStars business certification program. http: /envirostars.org/ Element 3. Local Government Specific Activity The City will: (Describe your local emphasis, if in addition to Elements 1 and 2) All materials developed to educate /assist businesses or to market the LSC Program internally or externally should be posted to the LSC SharePoint site within 30 days of completion of the piece. Element 4. Technical Training To meet the ongoing LSCS technical training needs, Ecology and LSC Program Partner jurisdictions will jointly develop and execute the 2011 -13 technical training schedule. Parties will determine format (phone /video conference, webinar, live), and topics to be presented during the biennium. The LSCS will work with Ecology's LSC Program Coordinator to locate available resources and reference materials to bring these trainings to the LSC group -at- large. Venue 1: the monthly Local Source Control phone conference meetings, wherein each LSCS will determine, develop, and present materials and available resources showcasing a particular business sector or source control issue. Two or more LSCS may team up and /or hold a live event. All presentations will be coordinated with the N• \CCOUNCIL\PINAL \Local Source Control Program Grant docx LSC Program Coordinator, and all training materials will be organized in e- binders and posted to the LSC SharePoint site. Venue 2: a minimum of two bi- annual `live' meetings to be held at an Ecology office, a partner jurisdiction, or other facility. Ecology and LSCS will coordinate to determine agenda content, guest speakers, technical resources including recording the training for future reference, and all other periphery details of event planning. The LSC Program Coordinator will designate the rotation of the specific group of jurisdictions to contribute to this effort. The LSCS are expected to attend and participate in regularly scheduled monthly conference calls, and attend Ecology- sponsored training events organized on their behalf. LSCS are encouraged to attend HazWoper training and other safety training to maintain knowledge and awareness of proper safety procedures. Element 5. Reporting Results to Ecology Site Visit Data Entry Credit for these types of site visits will be assigned upon completion of the data record in the LSC dB: o Site Visit Complete; o Site Visit Screening or Incomplete (attempted but turned away); o Site Visit Follow -Up or Return Data entry is expected to be thorough, complete, and timely. All site visit information collected on the checklist should be entered in the LSC data base within 30 days of each site visit, whether initial, follow -up, screening, or referral to a regulatory body. Local partner jurisdictions will ensure all data records are complete (either `pending', `closed', or 'referred') to promote quality assurance of the local source control data. To avoid under reporting of work results, Ecology will provide individual LSC partners quarterly data base reports to identify /correct any incomplete data records. Monthly Report Local Partner Jurisdictions will complete a monthly report using the electronic 'Monthly Report' form provided on the Ecology Internet Hazardous Waste and Toxics Reduction page, within 10 working days after the end of each month. This is meant to capture what the database does not: Best Management Practices implemented; specifics of Education and Outreach efforts, and networking and collaboration resulting from the LSC work. To access: http://www.ecy.wa.gov/programs/hwtr/Isp/reportform.html In addition to the report information solicited on the form, the following shall also be reported to the LSC Program Coordinator when applicable: Any potential program, contract, or small business client problems and resolutions Any key personnel changes Subcontract or subcontractor information Task 6. Invoicing Invoices for completed work will be submitted quarterly on Ecology- provided, original, signed Form A- 19 -1A, and Invoice Detail sheet (Appendix B, attached). The invoice, invoice detail, and supporting invoice detail documentation will be sent within 40 days of the end of the invoice quarter to the Contract/Project Manager: Julia McHugh, Hazardous Waste and Toxics Reduction Program, Washington State Department of Ecology, N. 4601 Monroe, Spokane, WA 99205 -1295, 509 329 -3551, jmch461@ecy.wa.gov. N: \CCOUNCIL\FINAL \Local Source Control Program Grant.docx Staff Name Description Current Invoice Total Cumulative Invoices to -date* Total Approved Budget 2011 -13 Remaining Budget Salaries Travel Training Indirect Costs 93,600.00 93,600.00 Benefits 32,900.00 32,900.00 Subcontracts Goods Services 2,500.00 2,500.00 Equipment 700.00 700.00 Travel Training 2,000.00 2,000.00 Subtotal Direct Costs 131,700.00 131,700.00 Indirect Costs 18.2 23,000.00 23,000.00 Total Costs 154,700.00 154,700.00 Staff Name Description Salaries. Benefits Subcontracts Goods Services Equipment Travel Training Indirect Costs Subtotals 0 0 0 0 0 0 0 Total Current Invoice 0 *Total Cumulative includes current invoice amounts Attachment B Department of Ecology Local Source Control Partnership Budget Status Report and Invoice Detail (revised 05/09) Jurisdiction: Current Invoice Period Qtr/YR: City of Port Angeles Contract No: Invoice No: C1200182 spill prevention kit handouts ($1,500) and newspaper ads ($1,000) dyes, smoke and tracing eqp budget for on- property purposes (includes travel and training) Attachment C FEDERAL PROVISIONS The Sub Recipient shall comply with all applicable federal, State, and local laws, rules, and regulations in carrying out the terms and conditions of this Agreement Administrative Conditions 1. Cost Principles Sub Recipient agrees to comply with the cost principles of the below listed federal regulations are applicable as appropriate to this award. 2 CFR 225 (A -87) for State, Local, and Indian Tribal Governments 2 CFR 220 (A -21) for Educational Institutions 2 CFR 230 (A -122) Nonprofit Organizations An electronic copy of all the Circulars and applicable CFR's may be obtained via the OMB Home Web page at: http: /www.whitehouse.gov /omb /circulars default Unless otherwise indicated, the Cost Principles apply to the use of funds provided under this Agreement and In -kind matching donations. The applicability of the Cost Principles depends on the type of organization incurring the costs. 2. Audit Requirements The Sub Recipient shall fully comply with requirements of OMB Circular A -133, 'Audits of States, Local Governments, and Non Profit Organizations', if applicable. 3. Hotel -Motel Fire Safety Act Pursuant to 40 CFR 30.18, if applicable, and 15 U.S.C. 2225a, Sub Recipient agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101 -391, as amended. Sub Recipient may search the Hotel -Motel National Master List at: http: /www.usfa.dhs.gov /applications /hotel to see if a property is in compliance (FEMA ID is currently not required), or to find other information about the Act. 4. Recycled Paper Institutions of Higher Education Hospitals and Non Profit Organizations In accordance with 40 CFR 30.16, Sub Recipient agrees to use recycled paper and double -sided printing for all reports which are prepared as a part of this Agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. State Agencies and Political Subdivisions In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchases of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. State and Local Institutions of Higher Education and Non Profit Organizations In accordance with 40 CRF 30.16, State and local institutions of higher education, hospitals, and non profit organizations that receive direct Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines. State Tribal and Local Government Recipients In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), Sub Recipient agrees to use recycled paper and double sided printing for all reports which are prepared a part of this Agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. PAGE 1 of 4 5. Lobbying Sub Recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. Sub Recipient shall include the language of this provision in award documents for all sub awards exceeding $100,000, and require that sub awardees submit certification and disclosure forms accordingly. 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 expenditure Part 30 Recipients All contracts awarded by Sub Recipient shall contain, when applicable, the anti lobbying provisions as stipulated in the Appendix at Title 40 CFR Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, Sub Recipient affirms that it is not a non profit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a non profit 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 the Lobbying Disclosure Act. Lobbying and Litigation Sub Recipient's chief executive officer shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. Sub Recipient shall abide by its respective OMB Circular (A -21, A -87, orA -122), which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other political activities. 6. Certification Regarding Suspension, Debarment, Ineligibility or Voluntary Exclusion a. The SUB RECIPIENT, 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 SUB- RECIPIENT is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot b. The SUB RECIPIENT shall provide immediate written notice to the Department if at any time the SUB RECIPIENT learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. c. 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 the department for assistance in obtaining a copy of those regulations. d. The SUB RECIPIENT 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. e. The SUB RECIPIENT further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. f. Pursuant to 2 CFR 180.330, the SUB RECIPIENT is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. g. SUB RECIPIENT 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. h. SUB RECIPIENT 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 the Department upon request. SUB RECIPIENT must run a search in www.epls.qov and print a copy of completed searches to document proof of compliance. 7. Drug -Free Workplace Certification Sub Recipient must make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200- 36.230. Additionally, in accordance with these regulations, Sub Recipient organization must identify all known workplaces under its federal award; and keep this information on file during the performance of the award. Sub Recipients who are individuals must comply with the drug -free provisions set forth in Title 40 CFR 36.300. The consequences for violating this condition are detailed under Title 40 CFR 36.510. Sub Recipients can access the Code of Federal Regulations (CFR) Title 40 Part 36 at: http: /www access.qpo qov /nara /cfr /waisidx 06/40cfr36 06.html 8. Management Fees PAGE 2 of 4 .r Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 9. Reimbursement Limitation If Sub Recipient expends more than the amount of federal funding in its approved budget in anticipation of receiving additional funds, it does so at its own risk. The Federal Government is not legally obligated to reimburse Sub Recipient for costs incurred in excess of the approved budget. 10. Trafficking in Persons The following prohibition statement applies to Sub Recipient, and all sub awardees of Sub Recipient. Sub Recipient must include this statement in all sub awards made to any private entity under this Agreement. "YOU AS THE SUB- RECIPIENT, YOUR EMPLOYEES, SUB AWARDEES UNDER THIS AWARD, AND SUB- AWARDEES' EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT; PROCURE A COMMERCIAL SEX ACT DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT; OR USE FORCED LABOR IN THE PERFORMANCE OF THE AWARD OR SUB AWARDS UNDER THIS AWARD." 11. DUNS and CCR Requirements Unless otherwise exempted from this requirement under 2 CFR 25.110, Sub Recipient must maintain the currency of its information in the CCR until submission of its final financial report required under this Award or receive the final payment, whichever is later. Sub Recipient may not make a sub -award to any entity unless the entity has provided its DUNS number to Sub Recipient. 12. FY2011 ACORN Funding Restriction No funds provided under this Agreement may be used for sub awards /sub grants or contracts to the Association of Community Organizations for Reform NOW (ACORN) or any of its subsidiaries. 13. Disadvantaged Business enterprise Requirements, General Compliance Sub Recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. 14. Sub Awards If Sub Recipient makes sub awards under this Agreement, Sub Recipient is responsible for selecting its sub awardees and, if applicable, for conducting sub -award competitions. Sub Recipient agrees to: 1. Establish all sub -award agreements in writing; 2. Maintain primary responsibility for ensuring successful completion of the approved project (SUB- RECIPIENTCANNOT DELEGATE OR TRANSFER THIS RESPONSIBILITY TO A SUB AWARDEE). 3. Ensure that any sub awards comply with the standards in Section 210(a) -(d) of OMB Circular A -133, and are not used to acquire commercial goods or services for the sub awardee. 4. Ensure that any sub awards to 501(c)(4) organizations do not involve lobbying activities; 5. Monitor the performance of sub awardees, and ensure sub awardees comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub award; 6. Obtain ECOLOGY's consent before making a sub -award to a foreign or international organization, or a sub -award to be performed in a foreign country; and 7. Obtain approval from ECOLOGY for any new sub -award work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. 15. Federal Funding Accountability and Transparency Act (FFATA) Requirements In order to comply with the FFATA, the recipient must complete the FFATA Data Collection Form and return it to Ecology. Ecology will report basic agreement information, including the required DUNS number, for all federally funded agreements at www.fsrs.gov. This information will be made available to the public at www usaspending.gov. Recipients who do not have a DUNS number can find guidance at www grants.gov. Please note that Ecology will not pay any invoices until it has received the completed FFATA Data Collection Form. Any recipient that meets each of the criteria below must also report compensation for its five top executives, using Ecology's Federal Funding Accountability and Transparency Act (FFATA) Data Collection Form. Receives more than $25,000 in federal funds under this award; and Receives more than 80 percent of its annual gross revenues from federal funds; and Receives more than $25,000,000 in annual federal funds. PAGE 3 of 4 See www.fsrs.gov for details of this requirement. If your organization falls into this category, you must report the required information to Ecology. Programmatic Conditions 1. Performance Reports Sub Recipient is required to submit monthly reports per Attachment A, Element 5. 2. Recognition of EPA Funding Reports, documents, signage, videos, or other media, developed as part of projects funded by this 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 P0001201 -01 TO WASHINGTON DEPARTMENT OF ECOLOGY 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." 3. Copyrighted Material EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes. ECOLOGY acknowledges that EPA may authorize another grantee to use copyrighted works or other data developed under this Agreement as a result of: a) the selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data or; b) termination or expiration of this agreement. 4. 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 ECOLOGY Project Manager prior to releasing any final reports or products resulting from the funded study.