DOE Agreement Between KCPHD and DOE Executed

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State of Washington Department of Ecology Agreement No: SWMLSWIA-2O21-KiCPfD-00003 Pmject Title: SWE Kittitas Co. Ptl Recipient Name: KII-IITAS COUNTY PUBLIC IIEALI'H Page I 9 of20 27. SUSTAINABLEPRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environm€ntally preferable products under this Agreement. a) Sustainable practices may include such activities as: us€ of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridgcs, proelucts with reduced packaging, office products that are refillable, rechargcable, and recyclable, 100% post-consumer recycled papeq and toxic free products, For more suggestions visit ECOLOGY's web page, Green Purchasing, https:/lecology.wa.govlRegulations-Permits/Guidancc-technical-assistancelsustainable-purchasing. 28. TERMINAIION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perfonn an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incuned in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performancc by thc RECIPIENT of all of its obligations under this Agreernent. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may rcfuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any othcr rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convcnicnce this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calcndar days prior written notification to thc RECIPIENT, exccpt as noretl below. If this Agreement is so tcrminated, the partics shall bc liable only for performancc rcndered or costs incurrcd in accordance with the terms of this Agreemcnt prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, fsderal or other sourccs is withdrawn, reduced, or limitcd in any way after the effective datc and prior to the completion or expiration date of this Agrecment, ECOLOGY, at its solc discretion, may elect to tsnninatc 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 ECOLOCY determines the funding insuffrciency is resolved. ECOLOGY rnay exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of terminalion or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no Templatc Version t 2ll 0/2020