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Home My WebLink AboutW2 RCLCP 1719 KiCoSW AgreementDEPARTMENT OF ECOLOGY State of Washington RECEIVED OfC ·13 ?nt7 Ecology W2R Agreement No. W2RCLCP-1719-KiCoSW-00006 WASTE 2 RESOURCES COMMUNITY LITTER CLEANUP PROGRAM AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND KITTITAS COUNTY SOLID WASTE This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and Kittitas County Solid Waste, hereinafter referred to as the "RECIPIENT," to ~"Y out with the provided funds activities described herein . GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreemen.t is: The Expiration Date of this Agreement is no later than: Project Type: Proiect Short Description: Litter and Illegal Dump Cleanup and Prevention Project Project Long Description: CLCP 2017-2019 $61,200.00 $55,200.00 $55,200.00 $0.00 07/0112017 06/30/2019 CLCPGrant To remove litter and illegally dumped material from public lands and/or provide litter and illegal dump prevention education to citizens and other organizations. The recipient shall furnish the necessary personnel, equipment, material and/or services, and/or otherwise do all things necessary for or incidental to the performance of the scope of work set forth herein. Overall Goal: . To Clean up road side litter on County Roads and public lands. State of Washington Department of Ecology Agreement No : W2RCLCP-I719-KiCoSW-00006 Project Title: CLCP 2017-2019 Recipient Name: Kittitas COimty Solid Waste RECIPIENT INFORMATION Organization Name: Kittitas County Solid Waste Federal Tax ill: 91-6001349 DUNS Number: 010202547 Mailing Address: 925 Industrial Way Ellensburg, W A 98926 Physical Address: 925 Industria! Way Ellensburg, Washington 98926 Organization Email: patti.johnson@co.kittitas.wa.us Contacts Project Manager PattiJ ohnson Director 925 Industrial Way Ellensburg, Washington 98926 Email: pattijohnson@co.kittitas.wa.us Phone: (509) 962-7542 Billing Contact Michele Darling Office Asst 925 Industria! Way Ellensburg, Washington 98926 Email: michele.darling@co.kittitas.wa.us Phone: (509) 962-7542 Authorized Patti J Johnson Signatory Director 925 Industrial Way Ellensburg, Washington 98926 Email: pattLjohnson@co.kittitas.wa.us Phone: (509) 962-7542 Version 10/3012015 Page 2of1S State of Washington Department of Ecology Agreement No : W2RCLCP-1719-KiCoSW-00006 ProjectTitle: CLCP 2017-2019 · Recipient Name: Kittitas County Solid Waste ECOLOGY INFORMATION . Mailing Address: Physical Address: Contacts Project Manager Financial Manager Technical Advisor 'Version 1013012015 Department of Ecology Waste 2 Resources PO BOX 47600 Olympia, W A 98504-7600 Waste 2 Resources 300 Desmond Drive SE . Lacey, WA 98503 Rod Hankinson 1250 W Alder St. Union Gap, Washington 98903-0009 Email: rhan46 I @ecy.wa.gov Phone: (509) 454-7209 Rod Hankinson 1250 WAlder st. Union Gap, Washington 98903-0009 Email: rhan461@ecy.wa.gov Phone: (509) 454-7209 Rod Hankinson 1250 WAlder St. Union Gap, Washington 98903-0009 Email: rhan,461@ecy.wa.gov Phone: (509) 454-7209 Page 3 of 18 State of Washington Department of Ecology Agreement No: W2RCLCP-1719-KiCoSW-OOOO6 Project Title: CLCP 2017-20 19 Recipient Name: Kittitas County Solid Waste AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as weU as aU applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts aU requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incOl'porated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Ag!eement. IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Department of Ecology Laurie Davies Waste 2 Resources Program Manager Template Approved to Form by Attorney General's Office Version 1013012015 Date Kittitas County Solid Waste Patti J Johnson Director Page 4 of 18 Date State of Washington Department of Ecology Agreement No : W2RCLCP-1719-KiCoSW·OOOO6 Project Title: CLCP 2017-2019 Recipient Name: Kittitas County Solid Waste SCOPE OF WORK Task Number: 1 Task Title: Litter and Illegal Dump Cleanup Task Description: In this grant cycle the RECIPIENT will be focusing on: 1) County Road Right of Ways Task Cost: $55,200 .00 The RECIPIENT will be hiring a Crew Supervisor for the summer months, June thru August. This supervisor will take out a four member Youth Crew to clean County Roads. The crew supervisor will coordinate with Public Works Maintenance, and the Solid Waste Director to identify problem roads and areas in need of cleanup in Kittitas County . We will also continue with our "Litter Bugs Me" campaign and coordinate and schedule any areas that are reported by the public. . 2) qean up Events The RECIPIENT will work with Central Washington University (CWU) and their students during the Yakima River Cleanup Project. This event brings 200 plus CWU students and local residents together to clean up the public lands along the Yakima River, SR821, and Highway 10 and County roads leading to the Yakima river recreational areas. In a addition, we support other local groups, which have cleanup events in our community These groups include Easton Memorial Day cleanup and the Kittitas County Field and Stream Illegal dump cleanup on public lands. 3)The Solid Waste Department will have staff training in order to oversee an Inmate crew. This option will be used during the months when the Youth Crew is unavailable. The RECIPIENT will continue to work with Youth and other Volunteer Groups to support Litter Cleanup in our community. Crew Supervisors and Youth Crew salaries and benefits, Vehicle Maintenance, Fuel, Litter Bags, Litter Pickers, Litter Disposal and SafetY Equipment (ie: Vest, cones, signage, etc.) and any other supplies or minor equipment purchases necessary to do the job, as long as the purcbase meets the requirements set forth in the CLCP guidelines. The RECIPIENT will work with Central Washington University Civic engagement to do a Y skima River Clean up, the Local Field and Stream illegal dump cleanup on public I~ds . Task Goal Statement: The RECIPIENT receives a high volume of transient traffic due to the diverse recreational opportunities, tourism and two major interstates intersecting in our county. RECIPIENT'S goal is to remove litter and illegally dumped material from public lands and road ways. Provide litter and illegal dump prevention education to citizens of Kittitas County. Task Expected Outcome: For Litter Pickup and illegal Dump Cleanup * 1100 Road Miles to be cleaned 7500 acres to be cleaned 10 Illegal dumpsites to be cleaned 1,000 Pounds of material recycled ·75,000 Pounds of litter collected 1,000 PO,unds of debris from illegal dumps 1,000 Supervisor Hours 2,600 Total Crew Hours Version 10130/2015 Page 5 of 18 State of Washington Department of Ecology Agreement No : W2RCLCP-1719-KiCoSW·00006 ProjectTille: CLCP 2017-2019 Recipient Name: Kittitas County Solid Waste Recipient Task Coordinator: Patti Johnson Litter and megal Dump Cleanup Delivera bles . Number Description 1.1 1,100 Road Miles to be cleaned 1.2 7,500 acres to be cleaned 1.3 10 Illegal dumpsites to be cleaned 1.4 1,000 Pounds of material recycled 1.5 75,000 Pounds oflitter collected 1.6 1,000 Pounds of debris from illegal dumps 1.7 1,000 Supervisor Hours 1.8 2,600 Total Crew Hours Vernion 10130/2015 Page 6 or18 Due Date State of Washington Department of Ecology Agreement No : W2RCLCP-I719-KiCoSW-00OO6 Project Title : CLCP2017-2019 Recipient Name: Kittitas County Solid Waste BUDGET Funding Distribution EG170222 NOTE: The above funding distribution numbel' is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Effective Date: Funding Source: Title: Type: Funding Source %: Description: Kittitas County CLCP Grant 07/0112017 . Litter AccountlWRRLCA 044 250 State 100% 044 WRRLCA Funding Type: Funding Expiration Date: Grant 06/30/2019 Approved Indirect Costs Rate: Recipient Match %: . InKind Interloca] Allowed: Approved Rate Negotiated Between ECOLOGY and RECIPIENT: 0% 0% No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Kittitas County CLCP Grant Task Total Litter and Illegal Dump Cleanup $ 55,200.00 Total: $ 55,200.00 Version 10/30/2015 Page 7ofl8 State of Washington Department of Ecology Page 8 of 18 Agreement No: W2RCLCP-1719 ·KiCoSW-00OO6 Project Title: CLeP 2017·20 19 Recipient Name : Kittitas COlmty Solid Waste Funding Distribution Summary Recipient /Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Kittitas County CLCP Grant 0.00 % $ 0.00 $ 55,200.00 $ Total $ 0.00 $ 55,200.00 $ AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS Grant administrative costs are limited to 10 percent of grant approved expenditures, excluding Tools and TIUCks . Administrative costs for Tools and Trucks are not allowed under this grant program. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 55,200.00 55,200.00 1. Tbe RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained i~ the certification, they must provide an explanation as to why they cannot. 2 . The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction · with a person who is proposed for debarm~nt under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFRI80.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Version 1013012015 State of Washington Department ofEcology Agreement No: W2RCLCP-17J 9·KiCoSW-00006 Project Title: CLCP 2017-2019 Rec ipient Name: Kittitas County Solid Waste Federal Regulations may result in the. delay or negation of this funding agreement, or pursuance oflegal remedies, including susp<?nsion and debarment. Page 9 ofiS 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it; and aU lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in . <http://www.sam.gov> and print a copy of completed searches to document proof of compliance . B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTORIRECIPlENT must complete the FFATA Data Collection Form (BCY 070~395) and return it with the'signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than $25,000 in federal funds under this award . Receives more than 80 percent of its annual gross revenues from federal funds . Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FF AT A Data Collection Form. Ecology is required to report the FF ATA information for federally funded agreements, including the required DUNS number, at www .fsrs.gov <http://www.fsrs .govl>within 30 days ot-agreement signature . The FFATA information will be available tc the pubHc at www .usaspending.gov<http ://www .usaspending.gcvl>. Fcr more details on FFATA requirements, see www.fsrs.gov <http://www .fsrs .gcvl>. Version 1013012015 State of Washington Depamnent ofEc~logy Agreement No : W2RCLCP-1719-KiCoSW-00006 Project Title : CLCP 2017-20 19 Recipient Name: Kittitas County Solid Waste GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1110612017 VERSION 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans -EAGL" Edition." (https:llfortress.wa.gov/ecy/publications/SurnmaryPagesIl701 004 .html) b) RECIPlENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all "funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for aU actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the tenus and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgranteeS and contractors . d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS Page IQ of 18 This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Prograin issuing the grant or loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects, jf required, comply with Governor Executive Order OS-OS, Archaeology and Cultural Resources. For projects with any federal involvement, if required, comply with the National Historic Preservation Act. Any cultural resources federal or state requirements must be completed prior to ~e start of any work 011 the project site. b) If required by the ECOLOGY Program, submit an Inadvertent DiscovelY Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form . RECIPIENT shall: Keep the IDP at the project site. Make the IDP readily available to anyone working at the project site. Discuss the IDP with staff and contractors working at the project site. Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological 01' historic resources are found while conducting work under this Agreement: Immediately stop work and notifY the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this AgreeIIlent: Version 1013012015 State of Washington Department ofEeology Agreement No : W2RCLCP·1719·KiCoSW-{)0006 ProjeetTitle: CLCP2017-2019 Recipient Name: Kittitas County Solid Waste Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and aU other applicable local, state, and federal laws protecting cultural resources and humah remains. 4. ASSIGNMENT No right" or claim ofthe RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5 . COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. Page 11 of 18 c) RECIPIENT is responsible to detennine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible requir-e approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. t) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W -9 form . at the website, http://www.des. wa.goviservicesiContractingPurchasinglBusinessN endorPaylPages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@watech.wa.gov . h) ECOLOGY may , at its sole discretion, withhold payments claimed by the RECIPJENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date ofthis Agreement, all financial, performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement 7. COMPLIANCE WITIi ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety . b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. . c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include tune in their project timeline for the permit !lOd approval processes. Version 1013012015 State of Washington Deparunent of Ecology Agreement No : W2RCLCP-1719-KiCoSW -00006 Project Title : CLCP 20 17-2019 Recip ient Name: Kittitas CountY Solid Waste ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any s'tatute or rule of law ofthe state of Washington, it is considered modified to confonn to that st~tute or rule of law . Page 12 of18 8. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, ·agent, or employee, who exercises any function or responsibility in the. review, approval, or carrying out of this Agreement, shall not have any personal or fmancial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, ifrequired by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the detennina~on of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review . The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agr~e that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the. Superior Court of Thurston County. Review of the Director's decision will riot be taken to Environmental and Land Use Hearings Office. Pending final decision ofa dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact Version 10130/2015 State of Washington Department of Ecology Agreement No: W2RCLCP-1719-KiCoSW-00006 Project Title: CLCP2017-2019 Recipient Name: Kittitas County Solid Waste the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). Submit the QAPP to ECOLOGY for review and approval before the start ofthe work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (ElM), unless the ECOLOGY Program instructs otherwise . The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into ElM, fmd instructions at: http://www.ecy.wa.gov/eim. Page 13 of 18 c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed: Guidelines for Creating and Accessing GIS Data are available at: http://www .ecy.wa.gov/services/gisldata/standards/standards.htm. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation . 12. GOVERNING LAW This Agreement will be governed by the laws oft4e State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County . . 13. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnifY and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission ofthat party or that party's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance ofthis Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commissio,n, or gjft in return for award of a subcontract hereunder. 16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to ' take the following actions, when poSsible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential source.s.of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified Version 10/3012015 State of Washington Department of Ecology Agreement No : W2RCLCP-1719-KiCoSW-00006 Project Title: CLCP2017-2019 Recipient Name : Kittitas County Solid Waste minority and women's businesses. d) . Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations;.(b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. . b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals; pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. Ifit is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY wiII define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, Aprill through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the qualier being reported. e) RECIPIENT must submit within thirty (30) days ofthe expiration date ofthe project, unless an extension has been approved by ECOLOGY, all fmancial, performance, and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS P~ge 140fl8 a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents 'any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY .retainsa royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to Version 10130/2015 State of Washington Department of Ecology Page 150f18 Agreement No: W2RCLCP-1719-KiCoSW-00006 ProjectTitI~: CLCP 2017-2019 Recipient Name: Kittitas County Solid Waste authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate . ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction ofthe materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shaU control the use and disposition of aU real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions ·with respect thereto in this Agreement. . e) Personal Property Fum ished by ECOLOGY . When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall -be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession , then ECOLOGY shall . be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property . f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: . 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. . 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiratio~ date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY . Such approval may be conditioned upon payment to ECOLOGY ofthat portion of the proceeds ofthe sale, lease, or other conversion or encumbrance which monies gran~ed pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 21. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering ~ocumentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provide~ an audit trail for all expenditures. b) Be kept m a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at'any time during the course of Version 10/3012015 State of Washington Department of Ecology Page 160fl8 Agreement No : W2RCLCP-I719-KiCoSW-00006 Project Title: CLCP 2017-20 19 Recipient Name: Kittitas County Solid Waste this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at a1l reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 22. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion ofthe work described in the Scope of Work. All payments to the RECIPIENT are subjectto approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment 01' overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ~COLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall beheld invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 24. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements ofthe State Environmental Policy Act (Chapter 4321C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement 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 suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally 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 products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post-consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, http://www.ecy.wagov/programs/swfaJepp. 27. TERMINATION a) ForCause 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 Version 10/30/2015 State of Washington Department of Ecology . Agreement No : W2RCLCP-1719-KiCoSW-00006 Proj ect Title: CLCP 2017-2019 Recipient Name: Kittitas County Solid Wast~ breach of any term or condition. If this Agreement is so tenninated, the parties shall be liable only for performance rendered or costs incurred in accordance ,with the terms ofthis Agreement prior to the effective date oftermination. Failure to Commence Work. ECOLOGY feselves 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. Page 17 of 18 Non-Perfonnance. 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 RECIPIENT unjustifiably fails, in the opinipn of ECOLOGY, to perform any obligation required of it 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 be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach ofthis 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 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 written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the tenns of this Agreement prior to the effective date oftennination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability offunding. In the event funding fi'om 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 ofthls Agreement, ECOLOGY, at its sole discretion, may elect to terminate 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 ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may exerci~e any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event oftermination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due'to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. ' RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENTs governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate-this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become propertY of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on'such documents and other materials. Ve rsion 10/3012015 State of Washington Department of Ecology Page 18 ofl8 Agreement No: W2RCLCP-17f9-KiCoSW-00006 Project Title: CLCP 2017-2019 Recipient Name: Kittitas County Solid Waste Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds; identified herein. 28. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in aU subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. Vernion 1013012015