HomeMy WebLinkAboutPierce County Planning and Public Works Title: South Sound
Shellfish
Recovery Near
Term Action
Implementation
Start Date: January 1,20(9
End Date: June 30,2020
Contract Amt: $206,350.00
Subrecipient: Mason County
Health
Department
Contact: Alex Paysse
Telephone: 360-427-9670 ext.
279
CFDA#: 66.123
Contract#: SC-106521
SUBRECIPIENT AGREEMENT
PIERCE COUNTY PLANNING AND PUBLIC WORKS
This contractual subrecipient agreement, referred to as this"Agreement", is comprised of these General
Terms and Conditions, any attached Exhibits,and subsequent Amendments.The Agreement is a
contract between PIERCE COUNTY, subsequently referred to as the"County", and Mason County
Health Department, subsequently referred to as the"Subrecipient". The Subrecipient agrees to the
terms and conditions set forth in this Agreement, including the following Exhibits:
Exhibit A Scope of Work
Exhibit B Compensation and Financial Requirements
Exhibit C Applicable Definitions
1. GENERAL INFORMATION
Subrecipient Name: Mason County Health Department
DUNS Number: 069580751
Subrecipient Unique Identifier: 91-6001354
Federal Award Identification Number(FAIN): PC01J18001-0
Pass-through Entity Subaward Number: SC-106521
Federal Award Date: 8/2/2016
Subaward Period of Performance: January 1, 2019 through June 30,2020
Amount of Federal Funds Obligated by this Action: $206,350.00
Total Amount of Federal Funds Obligated to the Subrecipient: $206,350.00
Total Amount of Federal Funds Committed to the Subrecipient: $206,350.00
Federal Award Project Description: NTA#0011
Name of Federal Awarding Agency: United States Environmental Protection Agency
Name of First Pass Through Entity: Washington State Department of Health, AWD-100293
Name of Second Pass Through Entity: Pierce County
Contact Information for Pierce County: Tina Basil, Acting Contract and Monitoring Manager,
253-798-2426,tina.basil anpiercecountywa.gov
CFDA Number: 66.123
SUBRECIPIENT AGREEMENT SC-106521 Page 1 of 24
CFDA Program Title: Puget Sound Action Agenda: Technical Investigations and Implementation
Research and Development?: No
Indirect Cost Rate: 14.53%
2. PERIOD OF PERFORMANCE
The period of performance for this Agreement begins January 1,2019 and ends June 30, 2020.
The County reserves the right to extend this Agreement for additional periods. The decision to
extend this Agreement is subject to the availability of funding, the continued priority of need for a
specific service, and satisfactory performance by the Subrecipient during the period specified in
this Agreement. Notification of intent to contract for additional periods with the Subrecipient will
occur prior to the expiration of this Agreement.
3. CONSIDERATION
The maximum consideration for this Agreement shall not exceed $206,350.00 unless modified as
per Section 6. Amendments.
4. SCOPE OF WORK AND REIMBURSEMENT
A. The Subrecipient agrees to provide those services set out in the exhibits.
B. The County agrees to pay the Subrecipient for services outlined in Exhibit A, Scope of
Work, and in accordance with Exhibit B, Compensation and Financial Requirements.
C. Subrecipient is permitted to reallocate budget between tasks, if necessary, as described
in the uniform guidance(§200.308)to better reflect spending requirements, subject to the
County's written approval, and subject to the federal awarding agency's policy and the
uniform guidance that would define requirements for prior written approval (§200.407)
before implementation. See Exhibit B 2.D.2.a for additional requirements.
D. The County's payment options for Subrecipients includes electronic payments via
Automated Clearing House(ACH). The ACH payment is a safe and efficient electronic
payment option that credits the Subrecipient's bank account directly and provides for an
increase in efficiency for both the Subrecipient and the County. In order to participate in
the ACH option, the Subrecipient is required to complete the County's Supplier ACH
Payment Enrollment form and W-9. Each form must be completed in their entirety by the
Subrecipient and returned to: Pierce County Finance Department,ATTN:Accounts
Payable, 950 Fawcett Avenue, Suite 100,Tacoma,WA 98402. Enrollment forms are
available upon request by e-mailing PCAccountsPayable(c�piercecountywa.gov. Once
enrolled,the ACH payment process will remain in effect for the Contractor until such time
as the County receives written notice of revocation from the Subrecipient.
5. FUTURE NON-ALLOCATION OF FUNDS
Notwithstanding any other terms of this Agreement, if sufficient funds are not appropriated or
allocated for payment under this Agreement for any future fiscal period, the County will not be
obligated to make payment for services or amounts after the end of the fiscal period through which
funds have been appropriated and allocated, unless authorized by county ordinance. No penalty
or expense shall accrue to the County in the event this provision applies.
6. AMENDMENTS
This agreement may be changed or modified only by written amendment and further signed by the
SUBRECIPIENT AGREEMENT SC-106521 Page 2 of 24
parties hereto,subject to the policies and approvals of the County and the federal awarding agency.
7. INSURANCE
A. The Subrecipient must provide a commercial general liability insurance policy, including
contractual liability, in adequate quantity to protect against legal liability arising out of
contract activity but no less than$1,000,000 per occurrence. Additionally, the
Subrecipient is responsible for ensuring that any subcontractors provide adequate
insurance coverage for the activities arising out of subcontracts.
B. In the event that services delivered pursuant to this agreement involve the use of
vehicles, either owned or unowned by the Subrecipient, automobile liability insurance
shall be required.The minimum limit for automobile liability is$1,000,000 per occurrence,
using a combined single limit for bodily injury and property damage.
C. The insurance required shall be issued by an insurance company authorized to do
business within Washington State.
D. Upon request,the Subrecipient shall submit to the County a certificate of insurance which
outlines the coverage and limits defined above. If a certificate of insurance is requested,
the Subrecipient shall submit renewal certificates as appropriate during the term of the
contract.
8. DEFEND, HOLD HARMLESS AND INDEMNIFY
Each party agrees to defend, indemnify and hold harmless the other party, its elected and
appointed officers, employees, and agents from and against any and all claims, demands, and/or
causes of action of any kind or nature, including but not limited to attorney fees and costs, arising
from its own action and/or inactions, and those of its elected and appointed officers, employees,
and agents in the performance of this Contract. In the event of concurrent negligence of the parties,
each party's obligations hereunder shall apply only to the extent of fault attributable to that party,
its elected and appointed officers, employees, and agents. It is further provided that no liability
shall attach to the County by reason of entering into this Contract except as expressly provided
herein.
9. NON-DISCRIMINATION
During the performance of this Agreement, the Subrecipient shall comply with federal,state, and
local laws including, but not limited to:
• Section 703, Titles VI and VII of the Civil Rights Act of 1964[42 U.S.C. 2000d
and e], the Civil Rights Act of 1991 [42 U.S.C. 1981],
• The Americans with Disabilities Act of 1990(ADA)[42 U.S.C. 12101 et seq.],
• Sections 503 and 504 of the Rehabilitation Act of 1973 [29 U.S.C. 793 and 794],
the Age Discrimination in Employment Act of 1967 [29 U.S.C.621],
• The Age Discrimination Act of 1975[42 U.S.C. 6102],
• The Vietnam Era Veterans Readjustment Assistance Act of 1974[38 U.S.C.
2011],
• Any relevant Executive Order(E.O.)issued by the President of the United
SUBRECIPIENT AGREEMENT SC-106521 Page 3 of 24
States,
• The Washington State Law Against Discrimination[Chapter 49.60 RCW],and
• Any related provisions of the Code of Federal Regulations (CFR), Washington
Administrative Code (WAC)and Revised Code of Washington (RCW), or any
subsequent amendments to these provisions.
10. RELIGIOUS ACTIVITIES
In accordance with the First Amendment of the United States Constitution and with Article 1,
Section 11 of the Washington State Constitution, as a general rule, funds received under this
Agreement may not be used for religious activities. The following restrictions and limitations apply
to the use of funds provided by Pierce County under this Agreement:
A. The Subrecipient may not engage in inherently religious activities, such as worship,
religious instruction,or proselytization as part of the services funded under this
Agreement;
B. The Subrecipient may engage in inherently religious activities, but such activities must be
separated in time or place from the services provided to beneficiaries under this
Agreement and participation in such activities by individuals to receive services under
this Agreement must be voluntary.
In performing under this Agreement, the Subrecipient shall not discriminate against an individual
beneficiary or a prospective beneficiary of services under this Agreement on the basis of religion
or religious belief.
11. DRUG-FREE WORKPLACE
In accordance with the Drug-Free Workplace Act the Subrecipient shall maintain a written drug-
free workplace policy, notifying employees that the possession or use of a controlled substance
is prohibited in the workplace,and specifying the actions which will be taken against employees
for any violation of the policy.
12. PAYMENT OF TAXES
As a condition of performance of this Agreement,the Subrecipient shall pay all federal, state, and
local taxes incurred by the Subrecipient and shall require their payment by any subcontractor or
any other person in the performance of this Agreement. Satisfactory performance of this section
is a condition precedent to payment by the County under this Agreement.
13. RELATIONSHIP, ASSIGNABILITY, AND SEVERABILITY
The Subrecipient, its employees, agents,consultants, or subcontractors performing work under
this Agreement are independent contractors and are not employees or agents of the County in
any manner whatsoever. The Subrecipient, its employees,agents,consultants, or
subcontractors will not hold itself out as, nor claim to be, an officer or employee of the County for
any reason, and will not make any claim,demand, or application to or for any right, privilege,or
benefit applicable to an officer or employee of the County including, but not limited to Worker's
Compensation coverage, Unemployment Insurance, Social Security, retirement membership or
credit, health care, or vacation or sick leave benefits.
The performance of all or part of this Agreement by the Subrecipient shall not operate to vest any
employment rights whatsoever and shall not be deemed to guarantee any employment of the
Subrecipient or any employee of the Subrecipient or any subcontractor or any employee of any
SUBRECIPIENT AGREEMENT SC-106521 Page 4 of 24
subcontractor by the County at the present time or in the future.
The Subrecipient shall not assign any interest in this Agreement and shall not transfer any
interest in the Agreement to any person without prior written approval by the County. If any
provision of this Agreement,or portion thereof, is found to be invalid,the remainder of this
Agreement shall not be affected, providing the remainder continues to conform to applicable
federal, state, and local laws and regulations.
14. AUDITS
The Subrecipient shall submit to the County's fiscal representative an independent audit
engagement letter and other reports as follows:
A. Subrecipients that are required to have a single audit(formerly known as A-133 audit),
must submit a copy of the independent auditor engagement letter to the County once this
Agreement has been executed.
B. Federal Funds Requirements—Title 2 Code of Federal Regulations(CFR)Chapter 2
Part 200.500 Uniform Administrative Requirements for audits require Non-profit and
governmental Sub-recipients expending$750,000 or more in a fiscal year in federal
funds from all sources, direct and indirect, are required to have an audit conducted in
accordance with Title 2 CFR Subtitle A Chapter 2 Part 200 Subpart F"Audit
Requirements".The Subrecipient is to provide the auditor with a schedule of Federal
Expenditure for the fiscal year(s)being audited.
C. When state funds are also to be paid under this Agreement a Schedule of State
Financial Assistance must also be included.
D. When the Subrecipient is a state or local government entity,the Office of the State
Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by
a certified public accountant selected by the Subrecipient in accordance with Part
200.509 of the 2 CFR Chapter 2 Subpart F"Auditor Selection".
E. The Subrecipient shall include the above audit requirements in any subcontracts.
F. Inform the County's fiscal representative in advance of the date and time of the
independent auditor's exit interview with the Subrecipient so that a County representative
can be present if the County so desires.
G. Submit the independent Certified Public Accountant(CPA's)auditor's financial statement
report, the single audit(formerly known as A-133 audit)reports and the management
letter("collectively referred to as"reports")to the County within thirty(30)calendar days
following the issuance of such reports.
H. Provide comments on any findings and recommendations in the reports, including a plan
for corrective action for any findings.
The working papers of the reports must be available to the County.
In the event the Subrecipient's independent auditor does not provide the assurances necessary
to satisfy federal and/or state audit requirements, the County retains the right to request a full
audit and the Subrecipient will be responsible for any and all costs incurred in order to provide
the required audit and assurances.
The reports will be submitted to the County's fiscal representative annually if the Subrecipient
receives an annual audit due to requirements other than stated in this Agreement.
SUBRECIPIENT AGREEMENT SC-106521 Page 5 of 24
For Subrecipients who are not required to obtain a single audit(formerly known as A-133 audit),
the County, at its discretion, may require the Subrecipient to obtain an independent review or an
independent audit, at the Subrecipient's expense, conducted by an independent CPA.A single
audit(formerly known as A-133 audit)requirements may also apply. See Exhibit B,
Compensation and Financial Requirements.
15. RECORDS AND REPORTS
A. The Subrecipient shall retain all books, records,documents, reports,and other data
relevant to this Agreement,for a minimum of six(6)years after expiration or termination
of this Agreement, unless longer and otherwise provided or required by law. If any audit,
claim, litigation,or other legal action involving the records is started before applicable
retention dates expire,the records shall be maintained until completion and resolution of
all issues arising therefrom or until the end of applicable retention dates,whichever is
later.
B. An adequate audit trail shall be maintained. All transactions are to be clearly
documented.The documentation is to be readily available for examination.
C. The Subrecipient shall clearly separate allowable costs from unallowable costs, in
accordance with the regulations and restrictions normally associated with federal
programs including OMB 2 CFR Part 200—Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards(uniform guidance)and other
such uniform administrative requirements for grants-in-aid now in effect or which
hereafter may be made applicable by local, state, or federal laws or regulations. All of
the above are incorporated in this Agreement by reference.
D. The Subrecipient shall maintain written policy and procedural manuals for all services,
information systems, personnel, and accounting/finance in sufficient detail such that
operations can continue should staff changes or absences occur.
1. The Subrecipient must establish and maintain an accounting system which
adequately and separately identifies all funding sources and all application of
funds associated with providing the required services including, but not limited
to,local, state, and federal grants,fees, donations, federal funds, and all other
funds, public or private. All costs incurred by the Subrecipient must be accurately
identified and recorded even when no revenue is received for services. This
accounting system provides the means to gather fiscal data necessary to
determine: a)the cost of a unit of service; b)the bid price; and c)if funds were
generated in excess of allowable costs.
2. These records shall contain information pertaining to projects,contracts, grants,
or sub-grant awards, and all authorizations, obligations, non-obligated balances,
assets, outlays, liabilities, expenditures, and revenue.
3. The Subrecipient shall maintain all books, records,documents, reports, and
other evidence of accounting procedures and practices which sufficiently and
properly reflect all direct and indirect costs of any nature expended in
performance of this Agreement. Subrecipients shall maintain their fiscal books,
records,documents, and other data in a manner consistent with generally
accepted accounting principles.
E. All records required to be maintained by this Agreement or by state and federal
regulations are public records and shall be maintained and released,when requested, in
accordance with applicable laws.
SUBRECIPIENT AGREEMENT SC-106521 Page 6 of 24
•
16. RIGHT TO INSPECTION AND USE OF MATERIALS
A. County representatives, the State Auditor, and officials of the federal government shall
have the right to review and monitor the financial and service components of this
Agreement. The County's review will occur with reasonable notice, and will include, but
is not limited to,on-site inspection by County agents or employees, and inspection of all
records or other materials which the County deems pertinent to performance,
compliance, or quality assurance in conjunction with this Agreement.
B. During the term of this Agreement and for one(1)calendar year following termination or
expiration of this Agreement, the Subrecipient shall, upon receiving reasonable notice,
provide the County with access to its place of business and to its records that are
relevant to compliance with this Agreement.
C. The County may duplicate, use,and disclose in any manner,for any purpose whatsoever
and authorize others to so do, all material created under this Agreement and paid for by
the County.
17. DEBARMENT
The Subrecipient shall assure that, its officers, agents, subcontractors, and consultants shall not
fund, contract with,or engage the services of any consultant, subcontractor, supplier,or other
party who is debarred,suspended, or otherwise ineligible to receive funds.
The Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participating in the Agreement by
any federal department or agency. If requested by the County, the Subrecipient shall complete a
Certification Debarment, Suspension, Ineligibility, and Voluntary Exclusion form.
18. RESOLUTION OF DISPUTES
A. A Subrecipient with a complaint involving this Agreement is encouraged to first attempt
to resolve the matter with the County informally by communicating by telephone or
electronic mail with the appropriate County representative or by meeting with that
individual in person. The County representative must send written notification to the
Subrecipient, specifying the response to the complaint and the date the informal dispute
resolution process concluded. If the informal dispute resolution process is unsatisfactory
and the Subrecipient elects to register a formal complaint, a Subrecipient shall submit a
detailed written description of the issues which form the basis of the complaint to the
Contract&Monitoring Manager at Planning and Public Works, 2702 South 42nd St., Suite
201 Tacoma,WA. The Subrecipient's written complaint must be received by the County
within thirty(30)calendar days of the date that the informal dispute resolution process
concluded.
B. Upon receipt of a formal written complaint, the Contract &Monitoring Manager or
designee will send a written confirmation to the Subrecipient acknowledging receipt of
the complaint within five(5)working days. The Contract&Monitoring Manager or
designee shall also contact the Subrecipient to establish a meeting to discuss and seek
agreement and resolution of the formal complaint. The meeting shall be held within
fifteen(15)working days of receipt of the written complaint. The manager shall issue a
written decision regarding the Subrecipient's formal complaint no later than fifteen (15)
working days following completion of the meeting.
C. If agreement and resolution are not reached and the Subrecipient elects to pursue the
complaint further,the Subrecipient may, within five(5)working days after receipt of the
Contract&Monitoring Manager's written decision, file a written appeal to the Director of
Pierce County Planning and Public Works at the address listed in this Agreement. The
SUBRECIPIENT AGREEMENT SC-106521 Page 7 of 24
appeal must state all facts and arguments upon which the appeal is based. The Director
or designee will render a written decision within fifteen (15)working days following
completion of the meeting.
D. The Subrecipient may appeal an adverse decision of the Director of Pierce County
Planning and Public Works to the Pierce County Executive, 930 Tacoma Avenue South,
Room 737,Tacoma,WA 98402.The appeal must be received in writing by the Pierce
County Executive within five (5)working days of the Subrecipient's receipt of the
Director's decision. Upon receipt of a formal written appeal, the Pierce County Executive
or designee will schedule a meeting with the Subrecipient within fifteen(15)working days
of receipt of the appeal. The Pierce County Executive or designee will issue a written
decision within fifteen (15)working days following completion of the meeting.
E. In the event that any subsequent litigation should arise concerning this Agreement,the
venue of such litigation shall be in the courts of Pierce County. This Agreement shall be
governed by the laws of the State of Washington.
F. All mailings by and to the County required in this section of the Agreement shall be by
certified mail with return receipt requested to the Subrecipient's address of record.
19. SUSPENSION,TERMINATION, AND CLOSEOUT
A. For Convenience—Either the Subrecipient or the County may terminate this Agreement
for convenience or without cause by providing written notice at least sixty(60)calendar
days prior to the effective date of the termination. If this Agreement is so terminated, the
County and Subrecipient 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.
B. For Cause—The County may, upon written notice to the Subrecipient, immediately
suspend or terminate this Agreement in whole or in part, or withhold any payment of
funds in whole or in part,when the County determines, in its sole discretion,that
continuation of the Agreement is detrimental to the County's interest, including, without
limitation, the occurrence of any one(1)or more of the following:
1. Expected or actual funding from the state,federal government,or other
source(s)is withdrawn,reduced, or limited in any manner after the effective date
of this Agreement and prior to its normal completion; or
2. Performance of this Agreement is rendered unfeasible or impossible for any
reason; or
3. Subrecipient fails to comply with any of the terms or conditions of this Agreement
or when the Subrecipient fails to substantiate Subrecipient's compliance with this
Agreement when requested to do so by the County;or
4. Subrecipient uses Agreement funds, improperly, or illegally;or
5. Subrecipient provides materials, information, reports,or documentation which
are incomplete, incorrect, or false, either knowingly or negligently; or
6. Subrecipient fails to provide services, information,reports, or documentation
required by this Agreement in a timely and reasonable manner;or
7. Subrecipient fails to resolve in a timely fashion audit finding associated with this
Agreement which could materially impact performance of this Agreement;or
8. Subrecipient is unable to carry out the terms and conditions of this Agreement in
SUBRECIPIENT AGREEMENT SC-106521 Page 8 of 24
compliance with applicable local,state, or federal law; or
9. Any illegal act by the Subrecipient.
C. The County's forgiveness of the Subrecipient's nonperformance of any provision of this
Agreement in one(1)instance does not constitute a waiver of any provision of this
Agreement, nor of future nonperformance of the same provision.
D. If the Subrecipient receives a notice of termination from the County for either
convenience or cause or issues a notice of termination to the County,the Subrecipient
shall:
1. Stop work on the date and to the extent specified;
2. Place no further orders or agreements for goods, services, or facilities to
complete the work now terminated;
3. Assign to the County all of the Subrecipient's rights, title, and interest under the
orders and agreements placed by the Subrecipient to complete the work now
terminated;
4. Deliver or convey title to:
a) Any property produced by the work terminated;
b) Any usable personal property in which the County has a secured
interest;
c) Any usable property carried on the County's inventory; or
d) Any real property in which the County, or any entity named by the
County, has a secured interest; and
e) Send a final billing for the work now terminated to the County within
thirty(30)calendar days of the date of termination.
E. If the County receives a notice of termination from the Subrecipient, or if the County
issues a notice of termination to the Subrecipient,the County:
1. Will arrange to take delivery of property or the right,title, or interest of real
property conveyed by the Subrecipient in conjunction with this Agreement; and
2. Will make final payment upon receipt of final billings for all authorized services, if
the Subrecipient has provided documentation that the County's interests are fully
protected.
F. The rights and remedies provided to the County and the Subrecipient in this section are
in addition to any other rights and remedies provided by law or under this Agreement.
Termination of this Agreement by the County at any time during the term of the
Agreement shall not constitute a breach of contract by the County. The Subrecipient
may request a reconsideration of the County's decision to terminate this Agreement in
accordance with Resolution of Disputes Section listed above.
20. LOBBYING CERTIFICATION
The Subrecipient certifies that,to the best of its knowledge and belief:
SUBRECIPIENT AGREEMENT SC-106521 Page 9 of 24
A. No appropriated funds have been paid, or will be paid by, or on behalf of the
Subrecipient, or officers or employees, to any person for influencing,or attempting to
influence an officer or employee of any governmental agency, a Member of Congress,an
officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any contract,the making of any grant, the making of any loan,the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment,or modification of any contract, grant, loan or cooperative agreement.
B. If federal appropriated funds have been paid,or will be paid,to any person for
influencing,or attempting to influence, an officer or employee of any governmental
agency, a Member of Congress, an officer or employee of Congress,or an employee of
a Member of Congress in connection with this federally funded agreement,the
Subrecipient shall complete and submit to the County, a federal Standard Form-LLL,
"Disclosure Form To Report Lobbying" in accordance with its directions.The form is
available from the County on request.
C. The Subrecipient shall require that the language of this certification be included in all
agreements issued to their subcontractors, and that all recipients certify and disclose
accordingly.
D. For federally funded Agreements, this certification is a material representation of fact
upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352,Title 31, and U.S.Code.Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
21. SURVIVABILITY
The terms and conditions contained in the Agreement that by their sense and context are
intended to survive the expiration of this Agreement shall so survive. Surviving terms include,
but are not limited to: Resolution of Disputes, Defend, Hold Harmless and Indemnification, Right
to Inspection, Records and Reports, and Treatment of Assets.
22. PROPRIETARY SOFTWARE APPLICATIONS
In the event that the Subrecipient accesses the County's proprietary software applications to
perform any work under this Agreement,the Subrecipient shall read and agree to the terms and
conditions of the software license agreement, and shall not violate the terms and conditions of
the software license agreement including, but not limited to:
A. The use of the software application shall be restricted to employees or subcontractors;
B. The Subrecipient shall not"pirate"or reverse engineer the software application; and/or
C. Otherwise use the application in any way that may harm the County.
23. LICENSING AND ACCREDITATION STANDARDS
The Subrecipient agrees to comply with all applicable local,state, and federal licensing
standards, all applicable accrediting or certification standards, and any other standards or criteria
established by the County to ensure quality of services, and to supply proof of said compliance
upon demand.
24. TREATMENT OF SUBRECIPIENT ASSETS
A. Title to all property furnished by the regulating authority shall remain with the regulating
SUBRECIPIENT AGREEMENT SC-106521 Page 10 of 24
authority; and title to all property furnished by the County shall remain with the County.
B. The Subrecipient shall obtain prior written approval by the County when purchasing non-
expendable personal property if the cost of the personal property is to be reimbursed as
a direct item of cost under this Agreement. This approval may be accomplished by
inclusion in the Agreement Budget.
C. Title of all non-expendable personal property purchased by the Subrecipient, the cost of
which the Subrecipient is reimbursed as a direct item of cost under this Agreement, shall
vest in the Subrecipient.
D. Any non-expendable personal property furnished to,or purchased by,the Subrecipient,
unless otherwise provided herein or approved by the County, be used only for the
performance of this Agreement.
E. As a precedent to reimbursement for the purchase of non-expendable personal property,
title to which shall be vested in the County, the Subrecipient agrees to provide all
necessary information and documents in order for the County to execute such security
agreements and other documents as shall be necessary for the County to protect its
interest in such property in accordance with the Uniform Commercial Code as codified in
Article 9 of Title 62A RCW.
F. The Subrecipient shall be responsible for any loss or damage to property of the County,
including all expenses resulting from such loss or damage,which results from
negligence,willful misconduct, or lack of good faith on the part of the Subrecipient,or
which results from the failure on the part of the Subrecipient to maintain and administer
the property in accordance with sound management practices. Furthermore,the
Subrecipient shall ensure that all County property in its possession, when returned to the
County, shall be in a like condition to that in which it was when furnished to the
Subrecipient or the condition in which the property was when acquired by the
Subrecipient through purchase,except that in all cases, reasonable wear and tear shall
be allowed.
G. Within three(3)calendar days of discovery of loss or destruction of or damage to County
property,the Subrecipient shall notify the County in writing and include appropriate
documentation (i.e.,police,fire, or accident reports). The Subrecipient shall take all
reasonable steps to protect that property from further damage.
H. Within five(5)working days after termination, or completion of this Agreement, unless
otherwise mutually agreed in writing between the Subrecipient and the County,the
Subrecipient shall surrender to the County all property of the County.
The County may,at its discretion, abandon in place any property in which title is vested
in the County under the terms of this Agreement insofar as permitted by law, rule,or
regulation.
J. Non-expendable personal property acquired by the Subrecipient,the cost of which is
reimbursed by the County or the Subrecipient with funds provided through this
Agreement, shall be subject to the same constraints, procedures,treatment, handling,
disposition, and other matters as specified above. The Subrecipient shall take all steps
necessary to ensure that the interest of the County in such property shall be protected
and safeguarded.
K. The Subrecipient will maintain property record cards and property identification tabs as
may be directed by the County. This applies only to property purchased with federal,
state,and/or County funds specifically designated for such purchase.
SUBRECIPIENT AGREEMENT SC-106521 Page 11 of 24
PIERCE COUNTY
Subrecipient Agreement Signature Page
Agreement#SC-106521
IN WITNESS WHERE OF,the parties have executed this Agreement on the days indicated below:
SUBRECIPIENT: PIERCE COUNTY:
Approved as to form: Approved as to form:
•
y {t(zac9
Chie •epu y 'rosecuting Attorney cafe Deputy Prosecuti Attomey Date
Tim Whitehead
Approved: Approved:
lz ill/
.3//c2-/0
Chair, Board of ounty Commissioners Date Dep_• - director ";%/Date
Kevin Shutty
y v'w� +-+)14-i
Director, Mason County Public Health Date Finance irL`ector Date
David Windom
Contact Name: Alex Paysse, EH Manager
Contact Phone Number: 360-427-9670, ext. 279
Contact Email: alexp(@,co.mason.wa.us
Mailing Address: 415 N.6th St.
Shelton,WA 98584
UBI No.:
DUNS:
Federal Tax Id No.:
Federal Filing Status:
❑ Corporation ❑ Partnership 0 Sole Proprietor
SUBRECIPIENT AGREEMENT SC-106521 Page 12 of 24
Exhibit A
Scope of Work
This Agreement is between the County and the Subrecipient for the project identified as South Sound
Shellfish Recovery Near Term Action Implementation which is a federally funded project through the
Puget Sound Action Agenda: Technical Investigations and Implementation Assistance Program
PC01J18001-0, dated August 2, 2016, from the U.S. Environmental Protection Agency (EPA), CFDA
number 66.123. The award is non-Research and Development. This is a partial pass-through of award
#GVL22510 from Washington State Department of Health.
Task and subtask numbers in this Scope refer to specific deliverables within the County's agreement with
the Washington State Department of Health and may not be sequential.
The funds are to be used to support efforts that will improve water quality by implementing Shellfish
Protection District (SPD) Closure Response Plans (CRP) for the Oakland Bay and North Bay drainage
areas. Work in the South Sound outside of SPDs may be allowed with pre-authorization from DOH.
Period of Performance: January 1,2019 through June 30, 2020
1. Task 0: Prepare Quality Assurance Project Plan(QAPP)
Objective:The Subrecipient will prepare a QAPP for investigative water quality sampling in
Oakland Bay and North Bay SPDs.
Subtask 0.2.3
Prepare and submit a QAPP to the Washington State Department of Ecology using EPA's NEP
guidance for QAPPs. Work with Ecology's Quality Assurance Officer to develop the QAPP and gain
approval.Work related to collecting the environmental data may not begin until the QAPP is completed and
approved. The QAPP will include procedures for recognizing and responding to samples that result in high
bacteria counts.
Deliverables:
Deliverable Due Date
Approved QAPP March 1, 2019
2. Task 1: Project Management&Reporting
Objective:The Subrecipient will perform project related administrative tasks and reporting.
Subtask 1.0
Prepare and execute agreements with project partners as needed to complete deliverables. It is currently
expected that the Subrecipient will enter into an agreement with Squaxin Island Tribe to complete elements
of this Scope of Work. The Subrecipient may also subcontract for work performed under Task 5 such as
the sewer line camera inspection.
Subtask 1.2.1
Project reporting, both progress and final, will occur quarterly using templates provided by Pierce County.
Reports should include activities related to this project which have been completed by Mason County or
their subrecipients within the previous six months. The completion of deliverables listed under all tasks in
this Scope of Work should be included in all reporting documents. Where possible, photo documentation
should be submitted along with reports and deliverables.
Subtask 1.2.2
Pierce County will provide a template based on the Financial and Ecosystem Accounting Tracking System
(FEATS) report consistent with federal grant requirements The FEATS based template must be used for
progress supports submitted in March and September but may also be used for January and July reports
SUBRECIPIENT AGREEMENT SC-106521 Page 13 of 24
if the subrecipient chooses. The final FEATS reporting form and/or written report(template to be provided
by Pierce County) describing all actions and deliverables completed during the entire project period of
performance will serve as the final report. The final report will describe the methods, results, lessons
learned, and recommendations for future work. It will also evaluate the success of achieving the
performance measures.
Subtask 1.2.4
Submit data collected through this project and in compliance with its approved QAPP(see Task 0)to EPA's
electronic data system for water quality monitoring data, often referred to as STORET. Data should be
submitted annually and at the end of the project period. To assist in tracking in STORET, use the project
name: NEP 2016_SouthSoundShellfish. The STORET ID must be included on the quarterly progress
reports.
Deliverables:
Deliverable Due Date
Complete Partner Agreements March 2019
Semi-Annual Progress Report Submitted to County January 10, July 10
Semi-Annual FEATS Report Submitted to County March 25, September 25
Final Report June 15,2020
STORET Data Submitted December 31,2019
June 15, 2020
3. Task 2: Pollution Correction Facilitation and Enforcement
Objective: Identify, prioritize, and correct sources of bacterial pollution in the Oakland Bay and
North Bay SPDs.
Subtask 2.2.3
Implement a strategy for systematically identifying potential pollution sources. Methods may include
windshield surveys, reviewing septic records, site investigations,and water quality sampling.Water quality
sampling will be relied upon to identify and confirm pollution sources and will be conducted in compliance
with a QAPP approved by Ecology as stated in Task 0.
Activities under this task will include the following:
a) Collect 350 fecal coliform water samples in Mason County
b) Report the number of sites requiring resampling
Subtask 2.2.7
Once surveys are completed, research performed, and data collected. The Subrecipient will identify
approximately 5 hot spots for follow up. The Subrecipient will develop and share criteria used to define hot
spots.
Subtask 2.2.11
Using information collected during the water quality sampling, site investigation, and/or hot spot
identification tasks associated with this project, the Subrecipient will follow up on potential on-site system
failures,where appropriate, by completing dye tests of suspect systems. All activities associated with the
dye testing process,such as making owner contacts,writing letters,and reviewing records will apply to this
subtask. The Subrecipient will aim to complete 11 dye tests.
Subtask 2.2.14
Once a failing septic system is identified, the Subrecipient will seek to eliminate or mitigate the source. A
variety of methods including compliance, technical assistance, and education may all be used to secure
improvements. Funding for this task does not include direct financing of repairs but may refer property
SUBRECIPIENT AGREEMENT SC-106521 Page 14 of 24
owners to other potential funding sources. The Subrecipient will aim to correct 6 failing septic systems.
Subtask 2.4.3
The Subrecipient will report on issues identified and corrected as a result of this project. Reports will include
the number, location, and actions taken to correct pollution from failing septic systems, stormwater, and
poor animal keeping practices.
Deliverables
Deliverable Due Date
Collect 350 water samples 175 samples by September 1,2019
175 additional samples by June 1, 2020
Identify 5 hot spots March 31, 2019
Complete 11 dye tests June 1,2020
Correct approximately 6 failing systems June 30, 2020
Report number&location of sites referred,and June 15, 2020
actions taken to address pollution from animals and
failing OSS
4. Task 4: Education&Outreach
Objective: Correct and prevent pollution from bacterial sources by educating local residents about
water quality in Oakland and North Bays.
Subtask 4.2.1
Assist in the preparation and editing of one Water Quality Report to be published in a locally distributed
newspaper. (Pierce County will manage the report preparation and printing contracting processes.)
Provide water quality sampling results for inclusion in the Report.
Deliverables.
Deliverable Due Date
Mason County Water Quality Report June 1, 2020
5. Task 5: Implementation of North Bay Closure Response Plan
Objective: Coordinate implementation of the recently adopted North Bay Closure Response Plan.
Subtask 5.1
Inventory location and risk level of on-site sewage systems in the North Bay Shellfish Protection District,
notify residents of overdue operation and maintenance of their systems, and follow up on unsatisfactory
O&M reports(Objective 3 of the North Bay Shellfish Protection District Plan). Mason County Public Health
will provide a memo summarizing the results of the inventory and notification process.
Subtask 5.2
Evaluate dock/boating usage and risk mitigation(Objective 5 of the North Bay Shellfish Protection District
Plan). The subrecipient will provide a memo summarizing the results of inventory and proposed mitigation
measures.
Subtask 5.3.1
The subrecipient will offer at least one (1) septic system homeowner workshop sharing information about
septic system maintenance and other water quality improvement activities and resources.The subrecipient
will provide copies of a sign-in sheet for attendees.
SUBRECIPIENT AGREEMENT SC-106521 Page 15 of 24
Subtask 5.3.2
Develop and distribute pet waste educational materials (Objective 6 of the North Bay Shellfish Protection
Plan).The Subrecipient will provide copies of sign in sheets from the workshop and copies of any pet waste
educational materials utilized. Draft education materials will be submitted to DOH for review at least one
week prior to use.
Subtask 5.4.1
The subrecipient will camera inspect approximately 2,300 lineal feet of gravity sewage system lines for
leaks,cross connections,and unconnected structures. The subrecipient will provide a memo summarizing
the results of the inspection.
Subtask 5.4.2
The subrecipient will develop a strategy for responding to problems identified through the camera inspection
process. The subrecipient will submit a memo prioritizing repairs and describing how repairs will be
addressed.
Subtask 5.4.3
At the end of the project period, the subrecipient will provide a memo summarizing the results of the
inspection and correction efforts. (Objective 5 of the North Bay Shellfish Protection District Plan).
Deliverables-
Deliverable Due Date
Onsite septic system inventory memo March 31, 2019
Boat usage inventory memo October 31, 2019
Homeowner workshop sign-in sheets December 31, 2019
Copies of pet waste educational materials December 31,2019
Memo summarizing camera inspection and problem
correction effort June 15,2020
Assumptions:
1. These activities may be used to provide match for other grants obtained by the MCHD. MCHD is
responsible for confirming that monies received through the National Estuary Program can be
used as allowable match for other grant programs.
2. The reporting required in Task 1 will report on the progress and completion of all deliverables in
all tasks within this agreement.
3. Subrecipient is expected to subcontract with the Squaxin Island Tribe(SIT)to complete tasks in
this Scope of Work.
4. If the Subrecipient uses these funds to procure construction, equipment, services,or supplies;
they will assist Pierce County in completing federally required MBWNVBE reporting forms.
6. PROJECT IMPLEMENTATION AND PROGRESS
Failure to lawfully plan, administer, and implement the project or to demonstrate substantial
progress within ninety(90)days of the effective date of this Agreement,shall cause the County to
re-evaluate the need for and methods of the project. The result of such re-evaluation may
necessitate restructuring of the scope, redefinition of milestones and/or units of service or
termination of the Agreement for lack of need, ineffective or improper use of funds, and/or failure
to implement the project in a timely and reasonable manner.
7. RECORDKEEPING AND REPORTING
A. The Subrecipient shall submit Quarterly Progress Reports by the tenth(10th)of the month
SUBRECIPIENT AGREEMENT SC-106521 Page 16 of 24
following the end of each quarter, or thirty(30)days after the fully signed agreement has
been emailed to the Subrecipient,whichever is later throughout the term of the
Agreement, and maintain these records for six(6)years after the term of the Agreement.
B. The Subrecipient shall complete reports and provide information as required by the
County to demonstrate compliance with regulations, goals, and objectives.
8. RECORDS
The Subrecipient shall maintain all project records required by applicable federal, state and
county regulations,which are incorporated herein by reference.The public, County
representatives,the State Auditor, and officials of the federal government shall be granted
reasonable access to all"public records"associated with this Agreement for up to six(6)years
following the termination or expiration of this Agreement in accordance with,and subject to any
limitations or exemptions under the Public Records act. Ch. 42.56 RCW,or any other applicable
state or federal law.
The Subrecipient shall maintain records and files for this project containing the following items:
A. Motions, resolutions, or minutes documenting Board or Council actions.
B. A copy of this Scope and the County's notice to proceed on this project.
C. Correspondence regarding budget revision requests.
D. Copies of all invoices and reports submitted to the County for this project.
E. Copies of approved invoices and warrants.
F. Records documenting that costs reimbursed with funding provided under this Scope
are allowable in accordance with 2 CFR 200, Uniform Administrative Requirements,
Cost Principles,and Audit Requirements for Federal Awards. (Formerly OMB Circular
A-21 for educational institutions,Circular A-87 for local governments and A-122 for
nonprofit organizations.)Such records include, but are not limited to:
1. Personnel costs, payroll time sheets for actual salary and fringe benefit costs.
Time sheets must be approved by a supervisor and must document percent
of time charged against this project. Direct salaries and wages of employees
chargeable to more than one grant program or other cost objective(s)must be
supported by time distribution records.
2. Staff travel,documentation of mileage charges for private auto use must
include: a)destination and starting location, and b)purpose of trip.
3. Copy machine use, postage, telephone use, and office supplies when these
costs are shared with other programs and no invoice is available, log sheets
or annotated invoices.
G. Documentation of the solicitation process used to select vendors and subcontractors
with original purchase orders and subcontracts when such process is required.
H. Documentation required by this Agreement if any funds provided under this
Agreement are used to acquire equipment.
SUBRECIPIENT AGREEMENT SC-106521 Page 17 of 24
9. PROCUREMENT AND SUBCONTRACTS
The Subrecipient may, upon the County's prior review and specific written approval of the
contract instrument, enter into any contract or procurement action authorized or necessary for
the successful completion of this Agreement(other than contracts for incidental procurements
not directly related to the accomplishment of the project which do not require County approval).
All procurement actions and contracts other than incidental procurements shall be structured in
accordance with applicable state and federal law relating to contracting by public agencies.
10. CONFLICT OF INTEREST AND CODE OF CONDUCT
The County may, in its sole discretion, by written notice to the Subrecipient, terminate this
contract if it is found, after due notice and examination by the County or it's agent that there is a
violation of chapter 42.23 RCW,or any similar statute involving the Subrecipient in the
procurement of,or performance of this agreement.
In the event this agreement is terminated as provided above, the County shall be entitled to
pursue the same remedies against the Subrecipient as it could pursue in the event of a breach of
contract by the Subrecipient.The rights and remedies of the County provided for in this section
shall not be exclusive and are in addition to any other rights and remedies provided by law. The
existence of facts upon which the County makes a determination under this section shall be an
issue and may be reviewed as provided in the"resolution of disputes"section of this agreement.
11. PROPERTY, MATERIALS AND OPERATING SUPPLIES
A. Non-expendable equipment, materials, operating supplies and other assets other than
real property, purchased in whole or in part with Agreement funds,whose per unit fair
market value(or total value for supplies)at the time of completion of use is in excess of
$5,000 and are to be utilized, maintained, inventoried,controlled and disposed of
pursuant to applicable federal regulations.
B. Any equipment, materials,operating supplies and other assets with per unit fair market
value(or total value for supplies)at the time of completion of use of less than $5,000,
may be retained or disposed of by the Subrecipient. The County retains no financial
interest in these items.
Note:Any assets whose fair market value is in question should be referred to the County for
decision before any disposition action is taken by the Subrecipient.
12. COMPLIANCE WITH LOCAL AND FEDERAL REGULATIONS
The Subrecipient, its consultants, and contractors shall comply with all applicable local, state and
federal laws and regulations,whenever and wherever they are applicable, including those listed
below. The Subrecipient, its consultants, and contractors shall timely obtain all permits and
approvals necessary to lawfully implement the project.The Subrecipient, its consultants, and
contractors shall include in all contracts, subcontracts and purchase orders for this project the
following list of laws and regulations and shall require compliance with such laws and
requirements:
A. Title VI of the Civil Rights Act of 1964(P.L. 88-352)relating to non-discrimination in
performance of the project and to the benefits deriving from.
B. Executive Order 11246 dealing with non-discrimination in employment based on sex,
sexual orientation, gender identity, or national origin, as amended by Executive Orders
11375, 11478, 12086,and 13672.
SUBRECIPIENT AGREEMENT SC-106521 Page 18 of 24
C. The relocation, acquisition and displacement requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970.
D. The regulations, policies, guidelines and uniform administrative requirements of 2 CFR 200
(formerly OMB Circulars A-21, A-87,A-110,A-122 and A-128)as they relate to the
acceptance and use of Federal funds.
E. The National Environmental Policy Act of 1969 and other statutory environmental
requirements.
F. Executive Orders 11625, 12138 and 12432, and Public Law 98-507, dealing with the use of
minority and women owned business enterprises.
G. The provisions of the Hatch Act limiting political activities of government employees.
H. The Federal Funding Accountability and Transparency Act of 2006(Public Law 109-282).
I. The Drug-Free Workplace Act of 1988(42 U.S.C. 701).
J. Current EPA general terms and conditions available at: httos://www.epa.00v/grants/grant-
terms and-conditions
K. Current EPA Cybersecurity Condition available at:
https://www.epa.qov/qrants/cybersecurity-grant-condition-other-recipients-includ inq-
intertribal-consortia
Note: A listing of these applicable laws and regulations are to be incorporated in each contract,
subcontract and consultant agreement issued by the Subrecipient or its contractors.
13. COUNTY MONITORING/ASSESSMENT PROCEDURES
A. The County will conduct monitoring and performance assessments of all services
provided under this Agreement, in the manner and at reasonable times,with reasonable
notice, as the County considers appropriate.
B. Monitoring and assessment activities include, but are not limited to, review of service and
financial reports,including all books, records, documents, and other data, facilities,
activities, and on-site visits by County staff or their designee,state, or federal
representatives.
C. Unless the County elects to terminate this Agreement for cause, when findings from
monitoring efforts or audits show that there are apparent violations of the terms or
conditions of this Agreement, the Subrecipient and the County shall negotiate a mutually
agreeable plan of action to address the identified problem. If the parties are unable to
come to agreement,the Subrecipient may file a complaint, as specified in this
Agreement.
SUBRECIPIENT AGREEMENT SC-106521 Page 19 of 24
Exhibit B
Compensation and Financial Requirements
1. COMPENSATION
In consideration of the mutual promises given and the benefit to be derived from this Agreement,
the County agrees to provide funds in the amount of$206,350.00 to accomplish the scope of
services described in Exhibit A—Scope of Work.The project budget and financial requirements
are provided below.
Budget Summary
Task Budget
Task 0—QAPP Development $3,000
Task 1 —Project Administration &Reporting $11,500
Task 2—Pollution Identification &Correction $82,175
Task 4—Education &Outreach $2,000
Task 5—North Bay SPD Implementation $107,675
$206,350.00
Project Total: $206,350.00
2. FINANCIAL REQUIREMENTS
A. Applicable Regulations and Restrictions
It is understood that where applicable, funds provided by this Agreement are federal
funds administered by the County and are subject to those regulations and restrictions
normally associated with federal programs including: 2 CFR 200, Uniform Administrative
Requirements,Costs Principles, and Audit Requirements for Federal Awards(formerly
OMB Circular A-21, A-87,A-102,A-110,A-122 and A-133), and other such uniform
administrative requirements for grants-in-aid now in effect or which hereafter may be
made applicable by local, state or federal laws or regulations.All of the above are
incorporated in this Agreement by reference.
B. Audit requirements of the main contract identified as Section 14 Audits must be adhered
to by Subrecipients. Subrecipients who are required to obtain a single or program-
specific audit(formerly an A-133 audit)must meet the requirements of 2 CFR 200.500-
507.Audits and/or reviewed financial statement must be submitted to the County within
thirty(30)calendar days of issuance. The review must be conducted in accordance with
the Statements and Standards for Accounting and Review Services issued by the
American Institute of Certified Public Accountants for non-profits or the Government
Auditing Standards issued by the Comptroller General of the United States for
government entities.
C. Approved Uses, Grant Funds
It is expressly understood that funds may only be used for costs included in the attached
approved project budget and may not be used for the general administration or operation
of the Subrecipient and may not replace non-federal funds in any jointly funded project.
D. Changes and Modifications
1. Either party may amend this agreement per the requirements of Section 6.
SUBRECIPIENT AGREEMENT SC-106521 Page 20 of 24
Amendments of this Agreement. A formal written and approved contract
amendment for major changes is required. Major changes are those: that impact
the scope of work beyond minor budget and/or service adjustments that:
increase or decrease the contract amount,add new line items to the approved
Budget Summary, extend the time of performance,or make other regulatory
changes. Proposed amendments must be submitted in writing(letter or email)by
the Subrecipient, including an explanation for the requested change. If
approved, an amendment will be processed for signature by both parties. Once
the Subrecipient receives the fully executed amendment, billings may be
submitted using the amended Budget Summary.
2. Minor budget and/or service adjustments include:
a) A transfer from one(1)or more line item(s)not exceeding ten percent
(10%)of the existing line item in Budget Summary(Exhibit B), is allowed
with a corresponding decrease in another line item(s). Such a transfer
may not increase the total contract amount. The request and approval of
such transfers may be communicated via email.
a) A written letter of agreement may be used to communicate minor
changes that exceed ten percent(10%). Minor changes include line item
adjustments to the contract budget or modifications to the day to day
operating structure for services provided that do not impact the total
contract amount. The letter of agreement must be signed by County Staff
and the authorized signer of the agreement.
E. Inappropriate Funds Obligation
1. Funds shall not be obligated for:
a) Any action subsequent to written notification from the county suspending
or terminating the Agreement, except as authorized by the County.
2. The Subrecipient shall refund to the County any payment or partial payment
expended by the Subrecipient, its Contractors or Consultants which is
subsequently found to be ineligible, inappropriate or illegal.
F. Request for Payment
Reimbursement requests will not be approved unless Subrecipient submits timely
performance reports and all information necessary to demonstrate compliance
with regulations, eligibility, goals and objectives.
2. Request for payment by the Subrecipient shall include only the request for
payment or reimbursement of cost actually incurred per the approved budget and
supported by documentation.All reimbursement requests must be accompanied
by copies of substantiating receipts, pay stubs, invoices or other proof of incurred
costs and must be signed by a signature authority designee(s).A signature
authority designee(s)form must be on file prior to the first contract payment
request submission of the contract period.All backup documentation and a
signed copy of the contract payment request are to be submitted electronically to
pcpwcontractservices c(�piercecountvwa.gov with organization name and service
period in the subject line of the Email. Instructions and forms for electronic
submissions will be forwarded to the Subrecipient upon execution of this
agreement.
SUGRECIPIENT AGREEMENT SC-106521 Page 21 of 24
3. The Subrecipient is prohibited from submitting request for payment in excess of
actual requirements for carrying out the project.
4. Subject to the terms and conditions of this Agreement, the Subrecipient shall
submit a Contract Payment Request Form on a quarterly basis within twenty-five
(25)working days following the quarter in which the Subrecipient has incurred
expenditures for services and costs as outlined in this Agreement. The amount
requested must be supported by actual costs incurred and paid for by the
Subrecipient/vendor.The County shall issue payment no later than thirty(30)
working days after the receipt of complete and accurate billing information as
determined by the County. The submission of incomplete or inaccurate billing
information may delay the reimbursement process and shall not be considered a
breach of contract.
5. Exceptions to these procedures must be requested in writing and agreed upon
between the parties.
6. Payment for Subrecipient's services provided and expenses incurred from
January 1, 2018 to the effective date of this agreement shall be made promptly
after the execution of this Agreement and receipt of a complete invoice.
G. Multiple Agency Funding
Projects funded by multiple agencies or sources shall indicate in the project budget the
agency or source from which the funds derive and how the funds will be utilized.
SUBRECIPIENT AGREEMENT SC-106521 Page 22 of 24
Exhibit C
Applicable Definitions
The following terms shall have the following definitions:
"Acquisition Cost"shall mean that amount expended for property,excluding interest, plus,in the case of
property acquired with a trade-in, the book value(acquisition cost less amount depreciated through the
date of trade-in)of the property traded in. Non-expendable personal property, the value of which was
expended when acquired, has a book value of zero(0)when traded in.
"Agreement"shall mean this Agreement and Exhibits that are attached to and incorporated by reference.
"BARS"shall mean Budget, Accounting, and Reporting System for counties,cities, and other local
governments.
"Business Entity' shall mean any person, or group of persons performing or engaging in any activity,
enterprise, profession, or occupation for gain, benefit, advantage,or livelihood, whether for profit or not
for profit with the County. The term business entity shall include, but not be limited to partnerships,
corporations, Subrecipients, and subcontractors doing business with the County.
"CFR"shall mean Code of Federal Regulations. All references in this Agreement to CFR chapters or
sections shall include any successor, amended, or replacement regulation. The CFR may be accessed
at http:f/www.ecfr.gov
"Contract"shall mean this Agreement and Exhibits that are attached to and incorporated by reference.
"Contract Budget"shall mean the budget incorporated in this Agreement, identifying a plan for the
expenditure of contracted funds.
"Cost Reimbursement"shall mean that payment to the Subrecipient is based upon the actual
reimbursable costs incurred under this Agreement.
"Debarment"shall mean an action taken by a federal official to exclude a person or business entity from
participating in transactions involving certain federal funds.
"Fee for Service"shall mean paying the Subrecipient a negotiated fixed rate, based upon performance of
a defined unit of service.
"Financial Statement"shall mean a combined report, or separate reports, of financial information
prepared by the Subrecipient's accountant that identifies the Subrecipient's financial position,operating
results,and other pertinent information. The reporting period of the document(s)shall correspond with
the Subrecipient's calendar or fiscal year.
"Independent Auditor"shall mean either a certified public accounting firm or a certified public accountant.
"Information Technology(IT)Purchases"include, but are not limited to, computers, software, desk
telephones, and cellular telephones, but do not include keyboards and mouse.
"Non-expendable Personal Property"shall mean tangible personal property having a useful life of more
than one(1)year and an acquisition cost of$5,000.00 or more per unit, unless a greater amount is
specified in an Appendix or Work Order.
"PCC" shall mean Pierce County Code.
"Personal Property"shall mean property of any kind, including small and attractive items and IT
SUBRECIPIENT AGREEMENT SC-106521 Page 23 of 24
equipment, except real property.
"Price Related"shall mean a price-analyzed payment structure in which payments are either made as a
lump sum or made at a rate-per-unit basis, and without consideration of the Subrecipient's actual or
anticipated costs.
"RCW'shall mean the Revised Code of Washington. All references in this Agreement to RCW chapters
or sections shall include any successor, amended,or replacement statute. The RCW can be accessed at
http://apps.leq.wa.gov/RCW/
"Real Property"shall mean any interest in land.
"Regulating Authority" shall mean any federal, state county or local entity which has the ability to enforce
laws regulations or requirements upon the Subrecipient.
"Small and Attractive Items"shall mean those items with a value of$300.00 or more that are particularly
vulnerable to loss. Examples of these items include, but are not limited to,communication equipment,
cameras, IT accessory equipment such as scanners, office equipment, televisions, cellular telephones,
and VCRs.
"Subcontract"shall mean any agreement between the Subrecipient and a Subcontractor or between a
Subcontractor and another Subcontractor that is related to this Agreement, provided that the Subcontract
does not include the purchase of supplies or support services that do not directly affect the funded
services. The terms Subcontract and Subcontracts shall mean Subcontract(s)in any tier.
"Subcontractor"shall mean any person, partnership,corporation,association, or organization, not in the
employment of the Subrecipient,who is performing part of the contract or Subcontract from a
Subcontractor. The terms Subcontractor and Subcontractors shall mean Subcontractor(s)in any tier.
"Subrecipient"shall mean a non-federal entity that expends federal awards received from a pass-through
entity to carry out a federal program but does not include an individual that is a beneficiary of such a
program. A Subrecipient may also be a recipient of other federal awards directly from a federal awarding
agency.
"Useful Life"of non-expendable personal property shall mean that useful service life as based upon the
United States Department of Treasury, Internal Revenue Service, policies on depreciation for tax
purposes, unless the Subrecipient or Subcontractor documents in writing some different period that the
County agrees to in writing.
"Unit Cost Rate" shall mean a payment mechanism where reimbursable costs incurred in a prior period,
divided by the units of service delivered in the prior period and multiplied by the units identified in the
current period, determines the total amount paid.
"Vendor"shall mean a dealer,distributor, merchant,or other seller providing goods or services that are
required for the conduct of a federal program. These goods or services may be for an organization's own
use or for the use of beneficiaries of the federal program.
"WAC"shall mean the Washington Administrative Code. All references in this Agreement to WAC
chapters or sections shall include any successor, amended, or replacement regulation. The WAC can be
accessed at http://apps.leo.wa.gov/wac/
"Work Order" shall mean a document attached to and incorporated by reference to the Basic Agreement
which states the goods,services, and/or benefits to be delivered, and any other terms and conditions that
apply to the work.
SUBRECIPIENT AGREEMENT SC-106521 Page 24 of 24