Loading...
HomeMy WebLinkAboutSWMLSWFA-2023-KiCoSW-00195_Signatures neededDEPARTMENT OF ECOLOGY State of Washington Agreement No. SWMLSWFA-2023-KiCoSW-00195 SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE 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 carry 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 Agreement is: The Expiration Date of this Agreement is no later than: Project Type: P&I Kittitas Co SW $354,888.67 $354,888.67 $266,166.50 $88,722.17 07/01/2023 06/30/2025 Planning & Implementation Proiect Short Description: Kittitas County Solid Waste will spend $354,888.67 to collect and manage 45 Tons of HHW, divert 4,500 Tons of organics from the landfill, and collect 400 Tons of material for recycling. Project Long Description: See the Scope of Work section for more detailed information related to individual Tasks. Overall Goal: Provide regional solutions and intergovernmental cooperation; prevent or minimise environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE RECIPIENT INFORMATION Organization Name: KITTITAS COUNTY SOLID WASTE Federal Tax ID: 91-6001349 UEI Number: WQ23XPBSAU44 Mailing Address: 925 Industrial Way Ellensburg, WA 98926 Physical Address: 925 Industrial Way Ellensburg, Washington 98926 Organization Email: patti.stacey@co.kittitas.wa.us Contacts Template Version 12/10/2020 Page 2 of 25 State of Washington Department of Ecology Agreement No: SVR%4LSWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW Recipient Name: KrMTAS COUNTY SOLID WASTE Page 3 of 25 Project Manager Patti Stacey Director 925 Industrial Way Ellensburg, Washington 98926 Email: patti.stacey@co.kittitas.wa.us Phone: (509) 962-7542 Billing Contact Erica Luce Solid Waste Assistant 925 Industrial Way Ellensburg, Washington 98926 Email: erica.luce@co.kittitas.wa.us Phone: (509) 962-7542 Patti J Stacey Authorized Director Signatory 925 Industrial Way Ellensburg, Washington 98926 Email: patti.stacey@co.kittitas.wa.us Phone: (509) 962-7542 Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE ECOLOGY INFORMATION Mailing Address: Department of Ecology Solid Waste Management PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Solid Waste Management 300 Desmond Drive SE Lacey, WA 98503 Contacts Michelle Mulrony Project Manager 1250 W Alder St. Union Gap, Washington 98903-0009 Email: mmul461@ecy.wa.gov Phone: (509) 406-3959 Michelle Mulrony Financial Manager 1250 W Alder St. Union Gap, Washington 98903-0009 Email: mmu1461@ecy.wa.gov Phone: (509) 406-3959 Template Version 12/10/2020 Page 4 of 25 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE AUTHORIZING SIGNATURES Page 5 of 25 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 well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all 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 incorporated 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 Agreement. Washington State Department of Ecology a Peter Lyon Solid Waste Management Acting Program Manager Template Approved to Form by Attorney General's Office Template Version 12/10/2020 KITTITAS COUNTY SOLID WASTE a Date Patti J Stacey Director Date State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE Cory Wright Page 6 of 25 Chair, Board of County Commissioners Date Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE SCOPE OF WORK Task Number: 1 Task Cost: $192,499.34 Task Title: MRW Collection and Management Task Description: The RECIPIENT will continue to operate the Moderate Risk Waste (MRW) facilities in Cle Elum and Ellensburg. RECIPIENT will follow all applicable local or state requirements to operate a MRW facility. RECIPIENT or delegate is responsible for worker safety training. RECIPIENT will provide appropriate Personal Protective Equipment (PPE) for all workers. PPE can include safety vests, gloves, eye protection, and other supplies or tools necessary to complete the work safely. Page 7 of 25 RECPIENT is accepting waste from businesses that designate as Small Quantity Generators (SQG). If shipment/disposal bills for SQG waste cannot be separated from HHW, then a fee must be charged to each business to cover disposal costs and those fees must be itemized as a credit to the task. Costs, products, and materials covered by existing product stewardship organizations such as E-Cycle Washington, LightRecycle Washington, Call2Recycle, and PaintCare or by new product stewardship organizations that are fully implemented during this agreement period are not reimbursable by this grant program. This task includes development and distribution of promotional materials in a variety of formats to encourage program participation. In accordance with provisions 3 and 19 of the General Terms and Conditions of this agreement, RECIPIENT is encouraged to work with their ECOLOGY grant manager when developing promotional materials. RECIPIENT is not required but is encouraged to provide a draft copy for review and approval ten (10) business days prior to production and distribution of materials. RECIPIENT is required to upload the final copy of all promotional material with the reimbursement request to ensure it meets eligibility. Costs Eligible for Reimbursement • Staff salaries and benefits, and up to 30% indirect on this cost • Contractor costs • Supplies and tools necessary to implement the task work (description and use must be clearly communicated in the Item Description on the Expenditures Table) • Mileage or fuel and maintenance charges for vehicles and equipment used to implement the task work • Costs not listed here but approved in Writing by ECOLOGY Costs Ineligible for Reimbursement • Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40-hour work week • Disposal costs for the management of waste accepted from businesses that designate as Small Quantity Generators • Costs covered by existing product stewardship organizations and costs covered by new product stewardship organizations that are fully implemented during this agreement period • Costs at collection events that are covered by product stewardship organizations • Staff participation in trainings, workshops and or conferences not pre -approved in writing by ECOLOGY • Costs of membership in civic, business, technical and or professional organizations not pre -approved in writing Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Cc SW Recipient Name: KITTITAS COUNTY SOLID WASTE by ECOLOGY • Costs not supported with required documentation Page 8 of 25 Task Goal Statement: The goal of this task is to provide residents with a safe and convenient drop off of their Household Hazardous Waste (HHW) in an effort to improve the quality of the environment by providing an alternative to illegal dumping and or improper disposal of this material. Task Expected Outcome: With the task budget, RECIPIENT expects to collect and manage 45 Tons of HHW. Recipient Task Coordinator: Patti Stacey MRW Collection and Management Deliverables Number Description Due Date 1.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template version 12/10/2020 State of Washington Department of Ecology Agreement No: SWNMSWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW Recipient Name: Kl=AS COUNTY SOLID WASTE SCOPE OF WORK Task Number: Task Title: Organics Management Task Description: Task Cost: $131,652.00 Page 9 of 25 RECIPIENT employees will operate the compost facility located in Ellensburg to collect and divert organic material from the landfill. RECIPIENT will offer tours of the compost facility, organics classes and workshops both onite and offsite, and participate in local events to provide education to the county residents on the importance of organics diversion. This task includes development and distribution of promotional materials in a variety of formats to encourage program participation. In accordance with provisions 3 and 19 of the General Terms and Conditions of this agreement, RECIPIENT is encouraged to work with their ECOLOGY grant manager when developing promotional materials. RECIPIENT is not required but is encouraged to provide a draft copy for review and approval ten (10) business days prior to production and distribution of materials. RECIPIENT is required to upload the final copy of all promotional material with the reimbursement request to ensure it meets eligibility. Costs Eligible for Reimbursement • Staff salaries and benefits, and up to 30% indirect on this cost • Contractor costs • Supplies and materials as necessary and reasonable for composting workshops and other educational programs • Mileage or fuel and maintenance charges for vehicle use on task eligible work • Costs not listed here but approved in writing by ECOLOGY Costs Ineligible for Reimbursement • Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40-hour work week • Staff participation in trainings, workshops and or conferences not pre -approved in writing by ECOLOGY • Costs of membership in civic, business, technical and or professional organizations not pre -approved in writing by ECOLOGY • Costs not supported with required documentation Task Goal Statement: The goal of this task is to operate the compost facility and increase diversion of organics from the landfill by providing composting options and an alternative to burning. Task Expected Outcome: With the task budget, RECIPIENT expects to collect and divert 4500 Tons of organic waste. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE Recipient Task Coordinator: Patti Stacey Organics Management Deliverables Page 10 of 25 Number Description Due Date 2.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE SCOPE OF WORK Task Number: 3 Task Cost: $30,737.33 Task Title: Recycling Operations Task Description: RECIPIENT employees will operate the recycling drop boxes at the Ellensburg and Cle Elum transfer stations to collect designated recyclable materials from residents not served by curbside collection. Page 11 of 25 RECIPIENT may contract for assistance with this task and is currently utilizing an existing contract with Waste Management for transportation of the recyclables to markets. Reimbursement for costs incurred by contractors to perform work identified in this Task are subject to the same eligibility and reimbursement requirements as the RECIPIENT and require ECOLOGY approval. This task includes development and distribution of promotional materials in a variety of formats to encourage program participation. In accordance with provisions 3 and 19 of the General Terms and Conditions of this agreement, RECIPIENT is encouraged to work with their ECOLOGY grant manager when developing promotional materials. RECIPIENT is not required but is encouraged to provide a draft copy for review and approval ten (10) business days prior to production and distribution of materials. RECIPIENT is required to upload the final copy of all promotional material with the reimbursement request to ensure it meets eligibility. Costs Eligible for Reimbursement • Staff salaries and benefits, and up to 30% indirect on this cost • Contracted or purchased services • Costs not listed here but approved in writing by ECOLOGY Costs Ineligible for Reimbursement • Collection and disposal costs of any materials collected or advertised as collected for recycling or reuse, and or marketed for recycling or reuse under this task • Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40-hour work week • Costs covered by existing product stewardship organizations and costs covered by new product stewardship organizations that are fully implemented during this agreement period • Costs at collection events that are covered by product stewardship organizations • Staff participation in trainings, workshops and or conferences not pre -approved in writing by ECOLOGY • Costs of membership in civic, business, technical and or professional organizations not pre -approved in writing by ECOLOGY • Costs not supported with required documentation Task Goal Statement: The goal of this task is to increase the amount of material collected for recycling and diverted from disposal by providing options for residents to recycle. Task Expected Outcome: With the task budget, RECIPIENT expects to collect 400 Tons of recyclable material. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE Recipient Task Coordinator: Patti Stacey Recycling Operations Deliverables Page 12 of 25 Number Description Due Date 3.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWNIISWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW Recipient Name: KITTfTAS COUNTY SOLID WASTE BUDGET Funding Distribution EG230419 NOTE: The above funding distribution number 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: Fund: Type: Funding Source %: Description: P&I Kittitas Co SW 07/01/2023 Funding Type: Grant Funding Expiration Date: 06/30/2025 Model Toxics Control Operating Account (MTCOA) FD State 100% Local Solid Waste Financial Assistance Approved Indirect Costs Rate: Approved State Indirect Rate: 30% Recipient Match %: 25% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No P&I Kittitas Co SW Task Total MRW Collection and Management $ 192,499.34 Organics Management $ 131,652.00 Recycling Operations $ 30,737.33 Total: $ 354,888.67 Template Version 12/10/2020 Page 13 of 25 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE Funding Distribution Summary Recipient / Ecology Share Page 14 of 25 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total P&I Kittitas Co SW 25.00 % $ 88,722.17 $ 266,166.50 $ 354,888.67 Total $ 88,722.17 $ 266,166.50 $ 35408.67 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS If the scope of this Agreement includes recycling activity managed or performed by the RECIPIENT at a recycling center (such as a transfer station or drop box location) or other locations, ECOLOGY will not reimburse disposal costs for materials collected or advertised as collected for recycling/reuse or marketed for recycling/reuse under this Agreement, unless approved in writing by ECOLOGY. RECIPIENT must immediately notify ECOLOGY when the RECIPIENT becomes aware that disposal of materials occurred or may occur due to the market conditions for recycled/reused materials. ECOLOGY may deny new costs or require repayment of costs already reimbursed or remove the task from the Agreement or terminate the Agreement. ECOLOGY's Solid Waste Management (SWM) program will implement a reporting assessment for all RECIPIENTS of grants administered through the SWM program. The assessment determines the RECIPIENT reporting level required throughout the biennium. If RECIPIENT administrative performance or changes in project circumstances trigger a reassessment, RECIPIENT will be notified of any changes to administrative requirements. RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly. The Spending Plan and Outcomes Data Collection form must be completed concurrent with the submittal of each Payment Request/Progress Report. RECIPIENT shall report outcomes in a manner consistent with instructions in the Local Solid Waste Financial Assistance guidelines. RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial (including payment requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement of payment requests received after this date. 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: Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE Page 15 of 25 1. The 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 in 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 debarment 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 2CFR180.330, 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 Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all 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: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 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 $30,000 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 FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required Unique Entity Identifier in www.sam. og v <hq://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <hqp://www.usaspending.gov/>. Template Version 12/10/2020 State of Washington Department of Ecology Page 16 of 25 Agreement No: SWMLSWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/> C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <hgps://www. ovi�nfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https:Hsam.gov/SAM/> exclusion list. Template Version 12/10/2020 State of Washington Department of Ecology Page 17 of 25 Agreement No: SWMLSWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW 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 For DEPARTMENT OF ECOLOGY GRANTS and LOANS 07/01/2023 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (https:Hfortress.wa.gov/ecy/publications/SummaryPages/2301002.html) b) RECIPIENT 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 all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms 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 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. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWNff-SWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE Page 18 of 25 • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field 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, volunteers, 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 Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 10 •u_fur U17,l :11�� 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. 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. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require 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. f) 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's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9 form at website, https://ofin.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT 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. Template Version 12/10/2020 XPS Print Error Job name: WA_ECOL_Simple_ 081623 100626 Document name: (none) Page number: 19 Error: XPS format error (19,4,330)