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Docusign Envelope lD:. 7267 FCFE-26F94724-8527-D4603SD896FF <br />Statc of Washingron Depa11merlt olEc<llogy <br />Agrecment No: SWMLSWFA-203-3-KiCoSW-00195 <br />Prqiect Tirle: P&l Kirtiras Co SW <br />Ree'ipient Namc: KITTITAS COUNTY SOLID WASTE <br />['age 24 ot 25 <br />27, SUSTAINABLEPRACTICES <br />In otder to sust:rin Washington's llerural resources and ecosysterns, the RECIPIET{T is fhlly encoursged to implenreut <br />sllstflinable practices and to purchase environulentally prefbmble ploducts under this Agreement. <br />a) Strstainable practices lnay include such activities as: use of clean energy, use of clouble-sided printing, hostirrg lol,igrpact <br />meetings, and setting up recycling and composting programs. <br />b) Purchasing Inay include such items as: silstainably produced ploducts and seryices. EPEAT registered cornputers ancl <br />irnaging equipment, independently certified green cleaning products. rernanufactured toner cartridges, products rvith reducecl <br />packaging, offrce products that are refillable, rechargeable, and recyclable, 100% post-consumer recycled paper, ancl toxic free <br />products. <br />For urore suggestiolls visit ECOLOCY's web page, Grcen purchasiug, <br />https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing, <br />28. TERMINATION <br />a) For Cause <br />ECOLOGY tnay terminate fbr cause this Agreernent r.r,ith a seven (7) calendar clays prior tvritten notificatiorr to the <br />RECIPIENT, at the sole discretion of ECOLOGY, for fhiling to pertbmr an Agreement requirement or fbr a material breach of <br />any tenn or condition. If this Agreement is so tenninated, the parties shall be liable only for perfomrance rendered or costs <br />incured in accordance with the terms of this Agreement prior to the effective date of temrination. <br />Failure to Commence Work. ECOLOGY reseLves the right to tenninate this Agreernent if RECIPIENT fails to colmlence rvork <br />on the project funded within four (4) months after the effective date of tlris Agreenrent, or by any date mutually agreecl upon in <br />writing for cotnmencenrent of work, or the tirne period defined within the Scope of Work. <br />Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingenr upon satisfactory perforurance by the <br />RECIPIENT of all of its obligations under this Agreement. ln the event the RECIPIENT unjustifiably thils, in the opinion of <br />ECOLOGY, to perfonn any obligation required of it by this Agreemenr, ECOLOGY may refuse to pay any further funds, <br />tenninate in whole or in part this Agreement, and exercise any other riglrts under this Agreernent. <br />Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for darnages sustained by ECOLOGy <br />and the State of Washington because of any breach of this Agreernent by the RECIPIENT. ECOLOGY rnay rvithhold <br />payments for tlie purpose of setoffuntil such time as the exact alnorurt of damages due ECOLOGY fiom the RECIPIENT is <br />detennined. <br />b) For Convenience <br />ECOLOGY may ternrinate for convenience this Agreement, in rvhole or in part, for any reason r.vhen it is the best interest of <br />ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this <br />Agreement is so tenninated, the parties shall be liable only for performance rendered or costs incuned in accordance n,ith the <br />terms of this Agreernent prior to the effective date of ternrination. <br />Norr-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of firnding. In the event firnding <br />f}om state, federal or other sources is withdrarvn, reduced, or limited in any way after the effective date and prior to the <br />completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elecl to tenninate the Agreement, in <br />wltole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to <br />suspend performance of the Agreenrent until ECOLOGY detennines the funding insufficiency is resolved. ECOLOGY may <br />exetcise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide <br />notice. <br />In the event of terminatiorl or suspension, ECOLOGY will reimbnrue eligible cosrs incurred by the RECIPIENT through the <br />effective date of termitration or suspension. Reimbursed costs lnust be agreed to by ECOLOGY and tlre RECIPIENT. In no <br />Tenrplate Version l2l l 0l2O2A