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10 IL
<br />State of Washington Department of Ecology
<br />Agreement Na: SEAFBD-2527-KICPWD-00022
<br />Project Title: Upper Yakima River Floodplain and Habitat Restoration implementation
<br />Recipient Name: Kittitas County - Public Narks Department
<br />Fundinv,Distributi.on Summar
<br />Recipient / Ecology Share
<br />Page 12 of 24
<br />Funding Distribution Name
<br />Recipient Match %
<br />Recipient Share
<br />Ecology Share
<br />1'0titil
<br />Floodplains by Design
<br />2025-2027
<br />0000 %
<br />$ 0600
<br />$ ] 0,0001000600
<br />$ 1(),0()()o.,,()()0000
<br />Total
<br />$ 0*00
<br />109000,000*00
<br />S I off,0009000400
<br />AGREEMENT SPECIFIC TERMS AND CONDITIONS
<br />N/A
<br />SPECIAL TERMS AND CONDITIONS
<br />Floodplains by Des41
<br />ign, Flood Prov
<br />Conditions
<br />iso, and Flood Control Assistance)'''',, ccount Program 'Special Terms and
<br />0 f
<br />i. i ne icc,�iriciv i
<br />will negoTlaie
<br />me
<br />cienveral0le
<br />w
<br />gates im the r.w�v� Y
<br />Frojeci manager,
<br />anct the
<br />ECOLOGY Project
<br />Manager will
<br />enter the
<br />information in
<br />the Deliverables Due Date
<br />EAGL form. The
<br />RECIPI
<br />will keep track of these dates and will note any date changes
<br />Date form can be found on Itprint out with the Agreemen
<br />2. Local Decision: This gran
<br />2.00
<br />EN I
<br />on the Quarterly progress reports. The Deliverables Uue
<br />he Application Menu - Farms page in EAGL. (Note: This form does not automatically
<br />to)
<br />t is made in response to a request for financial assistance from the RECIPIENT to
<br />0 111
<br />undertake floodfloodaamaae prevention projects. The choice oT Tioodplain management activities addressed by this grant
<br />I
<br />is a local decision made sWashington.
<br />olely by the RECIPIENT. The REC PIENT is not acting as an agent of the state of
<br />3. Lawsuits: ECOLOGY shall not be responsible for any non -contractual damage or inverse condemnation claims
<br />resulting from the structures or works constructed, repaired., restored, maintained, or improved pursuant to this grant.
<br />4. Indemnification, Hold Harmless and Duty to Defend
<br />a. ECOLOGY shall in no way be held responsible fo
<br />r payment of salaries, consultant's fees, and other costs related to
<br />the project described herein,, except as provided in the scope of work.
<br />b. This paragraph applies to negligence based claims only. All other claims are governed by paragraph 4 of this
<br />section (item 3A). To the extent the constitution and laws of the state of Washington permit, RECIPIENT shall
<br />indemnify, defend. and hold harmless the state, its agencies, officers and employees, from all claims, suits or actions
<br />brought for any or all injuries to persons or property arising from, or as a consequence of, negligent acts or omissions
<br />related to the construction., restoration, repair, maintenance, improvement or operation of the structures or works for
<br />which this grant is provided. If the structures or works for which this grant is received are a portion of an integrated
<br />flood protection system, RECIPIENT agrees to indemnify, defend and hold harmless the state of Washington, its
<br />agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of
<br />that integrated flood protection system; provided, however, that this provision is not intended to and shall not be
<br />so
<br />construed as a waiver by RECIPIENT of any immunities conferred upon the RECIPIENT by RCW 86.12.037 nor is
<br />it intended to, and it shall not be construed to,, confer any rights upon third parties.
<br />C. The RECIPIENT will not be required to indemnify, defend, or save harmless the state, its agencies, officers or
<br />employees as provided in the preceding paragraph of this section if the claim, suit, or action for injuries, death, or
<br />Template Version 12/10/2020
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