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State of Washington Department of Ecology
<br />Agreement No: SEAFBD-2527-K1'CPWD-00022
<br />Project Title: Upper Yakima River Floodplain and Habitat Restoration Implementation
<br />Recipient Name: Kittitas County - Public Works Department
<br />damages is caused by the sole negligence of the state. Where such claims, suits, or actions result from the concurrent
<br />negligence of (a) the state, or the state's agents or employees and (b) the RECIPIENT or the RECIPIENT'S agents or
<br />employees, the indemnity provisions provided in the preceding paragraphs of this section shall be valid and
<br />Rb
<br />enforceable only to the extent of the RECIPIENT's negligence or the negligence of its agents and employees.
<br />d. To the extent that the constitution and laws of the state of Washington permit, RECIPIENT shall indemnify and
<br />hold harmless the state of Washington, its agencies, employees, and officers against any and all liability arising out of
<br />the continued operation, maintenance, or repair of the structures or works constructed, restored, repaired, maintained
<br />or improved as a result of this grant.. If the structures or works for which this grant is received are portions of an
<br />integrated flood protection system, RECIPIENT agrees to indemnify, defend and hold harmless the state of
<br />Washington, its agenci.es, employees, and officers against any and all liability arising out of the operation,
<br />maintenance, or repair of that integrated flood protection system; provided, however, that the indemnity provisions of
<br />this paragraph are not intended to and shall not he construed as a waiver bN-F�Recipient of any immunities conferred
<br />upon the Recipient b)- R-C 86.12.037 nor are they intended -to, and they shall not be construed to, confer any rights
<br />upon third parties. This agreement applies to all non -negligent, non-contractually based claims including, but not
<br />limited to, inverse condemnation, contribution, indemnification, trespass and or nuisance.
<br />5. Any development activity funded by this grant which occurs in the Federal Emergency Management Agency
<br />(FEMA)-mapped regulatory floodplain, also known as the Special Flood Hazard Area (SFHA) may trigger the need
<br />for a floodplain development permit from the local agency with floodplain management jurisdiction. "Development"
<br />is defined at 44 CFR 59.1 as " ... any man-made change to improved or unimproved real estate, including but not
<br />limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or
<br />storage of equipment or materials." Further., any activity funded by this grant may change the base Hood elevations
<br />from physical changes affecting the floodplain. Communities are required by 44 CFR 65.3 to submit new data to
<br />FEMA in the event their actions affect the base flood elevation and the regulatory map (the SFHA).
<br />6. ECOLOGY waives property acquisition report appraisal requirements for properties valued at $25,000 or less.
<br />When the estimated property value does not exceed $25 000, and the acquisition is not complex, theRFCIPIENT
<br />may be exempt from meeting appraisal and review appraisal standards. Such exemptions must be requested in
<br />writing and approved by the ECOLOGY Project Manager before the closing on the property. The RECIPIENT must
<br />follow the appraisal waiver standards in 44 C.F.R. § 24. 102.0
<br />7. Some RECIPIENTS are required to provide grant match. Match is made up of three different types of
<br />contributions: cash expenditures, in kind other, and in kind i`nterlocal. Cash match expenditures are eligible costs
<br />paid by the RECIPIENT and are not reimbursed bNECOLOGY. In kind contributions are property or services that
<br />benefit a prQlect and are contributed to the RECIPIENT by a third party without direct monetary compensation. In
<br />kind other is a tYpe of contribution where the third party making the contribution is not a government entity. In kind
<br />interlocal is a type of contribution where both the grant RECIPIENT and the third party making the contribution are
<br />both government entities and have a signed Inter -local agreement between them.
<br />$. RECIPIENTS are required to submit a copy of the ()riginal invoice in the Payment Request backup documention if
<br />an invoice number is referenced on a primary or subcontractor invoice.,
<br />9. To be eligible for reimbursement, RECIPIENTS must provide documentation of how an expenditure is directly
<br />related to the project. ECOLOGY will not reimburse any expenditure that is already included in the indirect rate. At
<br />ECOLOGY'S sole discretion, ECOLOGY may approve reimbursement for the percentage of an expenditure that is
<br />directly related to the project.
<br />FLOODPLAINS BY DESIGN, FLOOD PROVISO, AND FLOOD CONTROL ASSISTANCE ACCOUNT
<br />PROGRAM GRANT PROGRAMS SPECIAL TERMS AND CONDITIONS LAST UPDATED DECEMBER 2023-,
<br />GENERAL FEDERAL CONDITIONS
<br />If a portion or all of the funds for this agreement are provided through federal funding sources or this
<br />agreement is used to match a federal grant award, the flloo���ing terms and conditions applytoyou.
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