W2 RCLCP 1719 KiCoSW Agreement - Laserfiche WebLink

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State of Washington Department of Ecology . Agreement No : W2RCLCP-1719-KiCoSW-00006 Proj ect Title: CLCP 2017-2019 Recipient Name: Kittitas County Solid Wast~ breach of any term or condition. If this Agreement is so tenninated, the parties shall be liable only for performance rendered or costs incurred in accordance ,with the terms ofthis Agreement prior to the effective date oftermination. Failure to Commence Work. ECOLOGY feselves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Page 17 of 18 Non-Perfonnance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinipn of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, ,and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach ofthis Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the tenns of this Agreement prior to the effective date oftennination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability offunding. In the event funding fi'om state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date ofthls Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may exerci~e any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event oftermination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due'to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. ' RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENTs governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate-this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become propertY of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on'such documents and other materials. Ve rsion 10/3012015