2025-12-08-minutes-public-works-study-session

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Department of Ecology SEAFBD-2527-KICPWD-00022 Upper Yakima River Floodplain and Habitat Restoration Implementation Kittitas County - Public Works Department in the be or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the sus State of Washington Agreement No - Project Title - Recipient Name: When st interest of ECOLOGY, ECOLOGY may at any time, and without cause , suspend this Agreement 0 by ECOLOGY. 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosy implement sustainable prat stems, t periodunlessanotherday isspecifiedpension he 1111(tCIPIENT is fully encouraged to ts and services, EPEAT ts remanufactur d tone with reduced packaging, office products that are refillable, rechargeable, and recyclable recycled pape aces ana to t)urcnas nmene etally preferable products under this Agreement. a) Sustainable practices may include such activities as: use 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 produc and imaging equipment, independently certified green cleaning Produc ,Green Purchasing. hops://ecology.wa.gov/Regulations-Permits/G uidance-technical-assistance/Sustainable-purchasing. registered computers r cartridges, products 100% post -consumer r, and toxic free products. 0 TERMINATION 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 perform 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 incurred 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 performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECI P1 ENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required ofi"t 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 11'')e relieved of any Iiability 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. r40 t 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 writ6 ten notification to the RECIPIENT, except S noted below. If this Agreement is so terminated, the pa ies shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement 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, federal or other sources is withdrawn, reduced.. or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or 1111art, or gotiate the Agreement , subject to new funding limitations or conditions. ECOLOGY may also elect o suspend performance of the Agreement until ECOLOGY determines the Template Version 12/10/2020 Page 23 of 24 For more suggestions visit ECOLOGY'S web page 28a