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HomeMy WebLinkAboutExecuted DOE Agreement No OTGP-2021-KiCoSW-00050DEPARTMENT OF ECOLOGY State of Washington Agreement No. OTGP-2021-KiCoSW-00050 ONE TIME GRANT PROGRAMAGREEMENT BETWEEN TITE STAIE OF WASIIINGTON DEPARTMENT OF ECOLOGY AND KITTITAS COT]NTY . 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 refened to as the "RECIPIENT,- to carry out with the provided funds activities described herein. CENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of thisAgreement is: The Expiration Date of thisAgreement is no later than: Projectlpe: Fcasibility Study into Sccondary Recycling Markets $40,000.00 $40,000.00 $40,000.00 $0.00 02n5t2021 06130t2021 Ecology Grant Projcct Short Descriotion: Kittitas County will spend $40,000 to conduct a feasibility study into regional rccycling markets and creato an action plan that directs future efrorts to improve secondary markets for recyclables, and through is implementation creates educationaUresearch opportunities and livable wage jobs. Proicct Lone Dcscription: Kittitas County Solid Waste in partrership with Central Washington University, Yakima County, and in concert with Ellensburg's Business DcvelopmentAuthority, seeks funding to support a fonrard focuscd feasibility study into secondary recycling markets with an eye toward a regional, comprehensive action plan. The feasibility study will consider our uuique position geographically at the crossroads of nn'o intcrstatc freeways, a stong community desire to protect natural capital, and our demonstrated ability to build and sustain effective public/private partrerships. Shtc of Washingon Department of Ecology AgrccarcntNo: OTGP-2021-KiCoSW-00050 Project Tiile: Feasibility Study into Secondary Rccycling Marlccts Rccipicnt Namc: KITTITAS COT NTY - SOLID WASTE Ellensburg is a top ten micro-region for population growth and the hub for progressive economic developmenl Recently Kittitas County joined ourneighboring county and banned the acceptance of glass materials from its rcrycling sheam. This ban was brought about by the cost of the long haul to necycling facilities in the state. And while this has been a challenge for our citizens, we recognize this situation to also present an opportunity for looking at glass and all recycling materials with an innovative eye to I sustainable, market driven secondary market. We, due to orn geographic position, can become known as the secondary recycling marketplace in central Washington. The County will work with a consultant to conduct a feasibility study and preliminary action plan, focused on recycling market development that facilitates a healthy economy inWashington State. Overall Goal: To develop a plan and feasibility study in order to develop local markets and processing for Washington's recyclable products and materials to be hansformed or remanufacnred into usable or marketable products for use other than landfill disposal. Page 2 of2l Template Version lA rcl 2020 Sbh of ftthi!llon DArmnm of Foolo$r AgreemontNo: OrKtP-2(nl.KiCoSW{n050 Project fitlc Feasibility $trdyino Semdary Recycling Ma*o$ RccipientName: KITIITA.SCIOINTY-SOLIDWASTE Plgo t of2l NSCIPINr{TINFORITIATION Organization Nsme: KnTffAS COIJNTY - $OLD WASTE Fodo'ral Tax D: DttNSNumbon MallingAddrss: FhysicalAd&ess: Organization Email: Gontactr 9l{001349 oro2w341 92t In&ntidWay Ellonsburg, WA98926 925In&stialWay Ellcnsbrqg, Walhington 98926 patti johnson@co.Httitas.wa.us TonphnoVrsion l?nnoDfi Statc of Wrshington lhportment of EcologDt Agrccrncnt No: OTGP-2@l-KiCoSW-ffi050 Project Titlq Fcasibiliry Study into Sctondary Rccycling Markets RccipicntName: KITTITAS COUNTY - SOLID WASTE Page 4 of2l Project Manager Patti Johnson Director 925IndusrialWay Ellensburg, Washington 98926 Email: pattijohnson@co.kittitas.wa.us Phone: (509)962-7542 Billing Contact Michele Darling OfficeAsst 925 Industial Way Ellensburg, Washington 98926 Email: michele.darling@co.kittitas.wa.us Phone: (509)962-7542 Authorized Signatory Patti J Johnson Director 925 Industrial Way Ellensburg, Washington 98926 Email pattijohnson@co.kittitas.wa.us Phone: (509)962-7542 Templalc Version lU t 0 nV}O State of Washington Dcprrtrnent of Ecology Agxecmcnt No: OTGP-2021-KiCoSW{M)50 ProjectTitle FeasibilitystudyintosccondaryRecyclingMarkets RecipientName: KITIffAS COLJNTY - SOLTD WASTE ECOLOGY INFORMATION Maili4gAddress:Deparfinent ofEcology Solid Waste Management PO BOX 47600 Olympia, WA98504-7600 Physical Addrcss:Solid Waste Management 300 Desmond Drive SE Lacey, WA98503 Gontacts Page 5 of2l Project Manager Tina Schaefer PO Box 47600 Olympia, IVashinglon 98504-7600 Email: trus46l @ccy.wa.gov Phone: Q60)407-7684 Financlal Maneger Tina Schaefer PO Box 47600 Olympia, Washington 98504-7600 Email: tus46l@ecy.wa.gov Phone: Q60)407-7684 Templatc Version lA W2020 Stals of Washin4on Dcpartmcnt of Ecology Agreement No: OTGP-2021-KiCoSW40050 ProjcctTitle FeasibiligstudyintoSecondaryRecyclingMarkets Recipient Namo: KITUTAS COUNTY - SOLID WASTE Page 6 of2l AI]'THORIZING SIGNATT'RES 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 staffcontacts without the concurrence of either parly. 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 A$eement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement, Washington State Departrnent of Ecology By: Date: 2021.04.23 13:29:22 -07'00' KITTITAS COI.'NTY- SOLID WASTE By: Patti J Johnson Director Date DatcLaurie Davies SolidWaste Management Program Manager Tcmplate Approved to Form by Attomey General'g Offrcc Template Ver3ion I A I 0l 2020 gtilo ofmrthltso Dqutnoot ofEoolorfy Agreemont Nor OIGP.2O2I-KiCoSW.000!0 ProjectTitle Fcasibilig Sbdy into Secondary Rccycling Markets RccipientName KIflTIASC0INTY-SOLIDU/ASTE hrlc7of2l BrettWachsnith Chair,of County Commissionors Date t Tcrnplrto Vcnlon l2l l0{20l0 State of Washington Doparfincnt of Ecolol1r Agrcement No: OTGP-2021-KiCISW{[05{) PmjectTitle: FeasibilityStudyintoSccondaryRecyclingMarkets RecipicntNamc: KITITASCOUNTY-SOLIDWASTE Page 8 of2l SCOPE OFWORK ThskNumber: I Task Cosfi $40,000.00 Task Title:Feasibility Study and Preliminary Action-Plan Task Description: RECIPIENT will develop a feasibility study of secondary recycling markets and a supporting action plan that is informed by data, supported by innovative research, and endorsed by stakeholders. RECIPIENT may contract for this work. After hiring a qualified consultant, work includes kick-offand stakeholder engagement meetings, a benchmarking exercise dating to recycling acceptance, handling, marketing and end-use, and research on feasible uses and end-markets for recyclables collected with an emphasis on innovation and sustainable opportunities. Task Goal Statement: To understand how to fully realize secondarSl recycling markets in the Central Region of Washington State, and create an action plan to pursue them. Thsk Expected Outcome: A tech memo, feasibility study, and action plan that directs future efforts to improve secondary markets for recyclables, and through its implementation creates educationaUresearch opportunities and livable wage jobs. Recipient Task Coordinator: Patty Stacey Feastbllity Study and PreliminaryAction Plan Deliverables Number Description Due Date 1.1 Gather, review data in Spring, anticipated March 21,2021 1.2 Convene project team for kick-offmeeting in Spring, anticipated March 24, 202t. 1.3 Draft and final feasibility study and preliminary action plan in Spring, anticipated June 10, 2021. 1.4 Present results in Spring, anticipated June I 6, 202 I . Tcmplatc Vcrsion l2l I 0 I 2020 St te of Washington Deprrtnent of Ecolog6r Agreement No: OTGP-2021-KiCISW{D050 Projcct fitle: Fcasibility Study into Sccondary Recycling Markels Recipient Name: KITTITAS COT NTY - SOLTD WASTE BI'DGET Funding Distribution E.G2IO236 NOTE: The abovefunding distribution namber is used to identify this specilic agrcement and budget on pqment remittances and may be referenced on other communicationsfrom ECOLOGY. Your agreement may have multiple funding distrtbrilion numbers to identifu each budget. Page 9 of2l Funding Title: Feasibility Study into Secondary Recycling M,Funding Type: Funding Effective Date: 02115n021 Funding Expiration Date: Funding Source: Title:Waste Reduction, Recycling, and Litter ControlAccount (WRRICA) Grant 06t301202t Type: Funding Source o/o: Description: State l00o/o Approved Indirect Costs Rate: Approved State Indirect Rate: 30% Recipient Match%o: f/o InKind InterlocalAllowed: No InKind OtherAllowed: No Is this Funding Disfribution used to match a federal grant? No Feaslbility Study lnto Secondary Recycling Markets Task Tbtal Feasibility Study and Preliminary Action Plan $ 40,000.00 Total: $ 40,000.00 Templatc Vcrrion l2l I 0l 2020 N/A Stats of Washington Department of Ecology Agreemcnt No: OTGP-2021-KiCoSW{[050 ProjectTitlc: FcasibilityStudyintoSecondaryRccyclingMarkcts Rccipient Namc: KITTITAS COLJNTY - SOLID WASTE Pagc l0 of2l Fundine Distribution Summarv Recipient / Ecology Share AGREEMENT SPECIFIC TERMS AND CONDITIONS SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS Ifa portion or all ofthe 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.INELICIBILITYORVOLI.'NTARY EXCLUSION: l. The RECIPIENTICONTRACTOR, by signing this agreement, cedifies that it is not suspended, debared, proposed for debarment, declared ineligible or otherwise excluded from conhacting with the federal government, or from receiving contacts paid for with federal funds. If the RECIPIENTiCONTRACTOR is unable to certifr 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 RECIPIENTiCONTRACTOR 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 tansaction, 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 debannent under the applicable Code ofFederal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered tansaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled *CERilFICATION REGARDINC SUSPENSION, DEBARMEN.T, 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 tansaction complies with certification of suspension and debarment requirements. Template Version lA rc n020 Funding Distribution Name Recipient Match 7o Recipient Share Ecology Share Total Feasibility Study into Secondary Recycling Markets 0.00 %$0.00 $ 40,000.00 $ 40,000.00 Total $0.00 $ 40,000.00 $ 40,000.00 Sate ofWadrington Dcparttnsnt of Ecology AgrccnrntNo: OTGP-2021-KiCoSW{ffi50 ProjectTide: Fcasibility Study into Secondary Rccycling Markcts RcipientName: KITTITAS COIJNTY - SOLID WASTE Page ll of2l 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 pu$uance 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 rcimbursements will be approved forpayment. RECIPIENT/CONTRACTOR must mn a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FIINDING ACCOTTNTABILITY AND TRAI.ISPARENCY ACT (FFATA) REPORnNG REOUIREMENTS: CONTRACTORiRECIPIENT must complete the FFAfrA Data Collection Fomr (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 FFATAData Collection Fonn. Receives more than $25,000 in federal firnds 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 FFAlf,ADaa Collection Form. Ecology is rcquired to report the FFAIA infomntion for federally funded agreements, including the required DUNS number, at www.fsrs.eov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFAf,A infonnation will be available to the public at www.usaspending. gov <http://www.usaspendins.gov/>. For more details on FFAIA requirements, see www.fsrs.gov <htto://www.fsrs.sov/>. C. FEDERALFUNDTNG PROHIBITION ON CERIAIN TELECOMMI.JMCATIONS ORVIDEO SI'RVEILLANCE SERVICES OREOUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant firnds to: 1. Procureorobtain; 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 I I 5-232 <https://www.govinfo.qov/content/pkg/PlAw-l lspubl232/pdflPlAw-ll5pubD32.pdF, section 889, covered telecommunications oquipment is telecommunications equipment produced by Huawei Technologies Company or TIIE Corporation (or any subsidiary or affiliate ofsuch 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 forAward Manaeement (SAM) <https://sam.eov/SAM/> exclusion list. Tcmplarc Version lU I 0 12020 Shts of Washington Deprrlnent of Ecology Agrcerncnt No: OTGP-2021-KiCoSW-00050 ProjectTitlc: FeasibilityStudyintoSecondaryRecyclingMarkcts RccipicntNamc: KITTITAS COLJNTY - SOLID WASTE Page 12 of2l Template Version lU I 0 I 2U20 Stlte ofWashingt@ Department of Ecology Agrcement No: OTGP-2021-KiCoSW40050 ProjcctTitlc: Feasibility Study into Secondary Recycling Markets RecipicntName: KffTrfAS COTJNTY - SOLID WASTE Page 13 ofZl GEITERAL TERMS AI\D CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST I.JPDATED 7.1-2019 VERSION I. ADMIMSTRATTVE REQt'IREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans - EAGL Edition." (https ://forness.wa.gov/ecylpublications/SummaryPagesi I 70 I 004.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 thisAgreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the temrs and conditions of tlrisAgreement. 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 ofall work and services. 2, AMENDMENTSA}ID 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 staffcontacts and adminishative infonnation without the concurrence of either party. 3. ACCESSIBILITYREQUTREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of thc Chief Information Officer, OCIO Policy no. 188, Accessibility (htps://ocio.wa.govlpolicylaccessibility) as it relates to'tovered technology." This requiroment applies to all products supplied under the agreement, providing equal access to information technolory 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 forpublishing on Ecology's public web site. 4, ARCHAEOLOGTCALAI.ID 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 culhlral adifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENTshall: a) Contact the ECOLOGYProgram iszuing the grant or loan to discuss any Cultural Resources requirements fortheirproject: . For capital constnrction projects or land acquisitions for capital construction projects, if required, comply with Govenror Executive Order 05-05, Archaeology and Cultural Resources. . Forprojects with any federal involvement, if required, comply with the National Historic PreservationAct. . Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENTshall: . Keep the IDP at the project site. Template Version lU rcn020 Statc of Washtrgton Department of Ecologr Agrecmort No: OTGP-202t-KiCoSW{00j0 ProjcctTitle: FeasibilityStudyintoSecondaryRecyclingMarkets RccipientNamc KIIflTAS COUNTY - SOLTD WASTE Page 14of2l . Make the IDPreadily available to anyone working at the project site.. Discuss the IDP with staffand 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 or historic resources are found while conducting work under this Agreement : ' Imrnediately stop work and notiff the ECOLOGYProgram, the Department ofArchaeology and Historic Preservation at (360) 586-3064, My affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: ' Imrnediately stop work and notiff the local Law EnforcementAgency orMedical Examiner/Coroner's Offrce, and then the ECOLOGYProgram. e) Comply with RCW 27.53, P(Cw 27.44.055, and Rcril/ 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT 6. COMMUNICATION RECTPIENT 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 grcups. 7. 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 ECOLOGYpriorto incurring costs. Costs that are conditionally eligible require approval by ECOLOGYprior 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 zubmitting payment requests. 0 ECOLOCY will pay the RECIPIENT thfuty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Offrce of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor regishation fonn and an IRS W-9 form at website, https://ofm.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 PayeeRegistation@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 temr or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereo{, has been completed if, at ECOLOGYs sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon compldtion ofan audit as specified herein. D RECIPIENT must submit within thirly (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIAT.ICE WITHALLLAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to thisAgreement, 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 Templatc Version I U rc n020 Sl6te ofwasbington Dcpartment of Ecology Agrcement No: OTGP-2021-KiCoSW-00050 ProjectTitle: FcasibilityStudyintoSccondaryRecyclingMarkets Rccipient Name: KITIITAS COLJNTY - SOLID WASTE Page 15 of2l Washington which afrectwages 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 indushial insurance requirements. d) RECIPENT agrees to secure and provide assurance to ECOLOGYthat all the necessary approvals andpermits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT faits to comply with above requirements. If any provision of this Agrcement violates any statute or rule of law of the state of Washington , it is considered modified to conform to that statute or rule of law. 9. 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 financial interesl 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. IO. CONTRACTING FOR GOODS A}ID SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreanent. RECIPIENT shall award all contracts for constmction, purchase of goods, equipment, sewices, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedwes that ensure legal, fair, and qrcn competition. RECIPIENT rrust have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide unitten certification that they have followed their standard procurement proccdures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the rigbt to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incured as a result of procurement practices not in compliance with state procurement law or thg RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 1I. DISPU]SS When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination ofECOLOGYwill govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies thc 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) ECOLOGYreviews 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 firnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Directot's decision will be brought in the Superior Court ofThurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Offrce. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in Template Version lU I 0 n020 Stale of Washinglon Dcpamrcm of Ecologr Agrconcnt No: OTGP-2@!-KiCoSW40050 ProjectTitle: FeasibilityStudyintoSccond8ryRecyclingMarkets Recipicnt Namc: KITTITAS COLTNTY - SOLID WASTE Pagc 16 of2l 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. 12. ENVTRONMEN'TAL DATA STANDARDS a) RECIPIENT shall prepare a QualityAsswance Project Plan (QAPP) for a project that collects oruses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for theirproject shall contact 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) offrcer or the Program QA coordinator inshucts otherwise. . Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 0+03-030). . Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGYusing the Environmental Information Management system (En$, nnless the ECOLOGY Program insfiucts otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instuctions at: http ://www. ecy.wa. gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating andAccessing GIS Data are available at: https://ecology.wa.gov/Research-DatalData-resources/Geographic-Information-Systems€Is/Standards. 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. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. 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 of that party or that parly's agents or employees arising out of this Agreement. 15. INDEPENDENTSTAruS The employees, volunteers, or agents of each party who are engaged in the performance of this AgreEment will continue to be employees, volunteers, or agents ofthat party and will not for any purpose be employees, volunteers, or agents ofthe other party. 16. 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, commission, or gift in return for award of a subconhact hereunder. 17. MINORITYAT{D WOMEN',S BUSINESS ENTERPRTSES (}[WBE) Templatc Vcrsion lU I 0 I 2020 State of Washington Dcpartment of Ecology Agreement No: OTGP-2021-KiCoSW-00050 ProjcbtTitle: Fcasibitity Study into Secondary Rccycling Markcts Recipient Name: KIT'IITAS COUNTY - SOLID WASTE Page 17 of2l RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contacts initiated under this Agreement. Contact awards or rejections cannot be made based on MWBE participatiory 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 sources of goods or seryices. 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 minority and women's businesses. d) Use the services and assistance of the Washington State Offrce of Minority andWomen's Business Enterprises (OMWBE) (866-208-1064) and the Oftice of Minority Business Enterprises of the U.S. Departrnent of Commerce, as appropriate. 18. ORDEROFPRECEDENCE 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 "Administative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. I 9. PRESENTATTON AND PROMOTIONAL MATERIALS ECOLOGYreserves the right to approve RECIPIENT's communication documents and materials related to the fulfiltnent of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) busincss 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 nro (2) final copies and an electonic copy of any tangible products developed. Copies include any printed rnaterials, 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 campaigtrs. If it 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. 20. PROGRESSREPORTING a) RECIPIENT must satisfactorily demonshate the timely use of funds by submitting payment reguests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timelyuse of funds. b) RECIPIENT must submit a progress report with each payrnent request. Payment requests will not be processed without a progress report. ECOLOGYwiII define lhe elements and frequency ofprogress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January I through March 31, April I througb June 30, July I tbrough Templrte Version lU rc n020 State ofu/ashington Depertsnent of Ecology Agrccment No: OTGP-2021-KiCoSW40050 ProjectTitle: FeasibilirySrudyintoSccondaryRecyclingMarkcts RccipicntNamc: KITIITAS COLJNry- SOLID WASTE Page l8 of2l September 30, and October I through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirry (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 2I. PROPERTYRIGHTS a) Copynghts and Patents. When the RECIPIENT crcates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or othenrise use the material(s) or property, and to authorize others to use the same for federal, state, or local govemment purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use orpublish 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 of the materials. d) Tangible Property Righs. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all 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 conbary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Fumished 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 damagcd while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoffby the RECIPIENT for the fair market value of such property. D Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition ofland 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 theAgreement expiration 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 of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or conskuction costs of such property. 22. RECORDS, AUDITS, AI{D INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to thisAgreement, including any engineering documentation and field inspection reports of all constuction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receips and expenditures related to this Agreement. Template Version l2l rcn020 Sarc of Washington Dcpargnent of Ecology Agrecment No: OTGP-2021-KiCoSW40050 ProjectTitle: FeasibilitystudyintosecondaryRccyclingMarkets RecipicntNamc: KITTITAS COUNTY - SOLID \[/ASTE Page 19 of2l d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit reprebentative of the State of Washington, for a period ofat least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustrnents if any audits or inspections identiff discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third pady audit, applicable records to €nsure 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 this Agreement and for at least tbree (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 all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERYOFFI,'NDS the right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENI are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIEIIT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpalment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repa)ments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (lZY) peryear from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's propedy and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held 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 ar€ declared to be severable. 25. STArE ENVTRONMENTAL POLTCY ACT (SEPA) RECIPIENT must demonshate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter l97-ll WAC) have been or will be met Any reimbursements are subject to this provision. 26. 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 thc next business day following the suspension period unless another day is specified by ECOLOGY. 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural r€sources 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 Templue Venion l2l rcn020 Statc of Washingtoo Deprrment of Ecology Agrccmcnt No: OTGP-2021-KiCoSW-00050 hojectTitlq Fcasibility Study into Sccondary Recycling Markcts Recipicnt Namc: KITIITAS COLJNTY - SOLID WASTE Page 20 of2l imaging equipment, independently certified grcen cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. Formore suggestions visit ECOLOGY's web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATTON 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 perforrn anAgreement 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 incuned in accordance with the terms of this Agreement prior to the effective date of terrnination. 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 ofWork. 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 RECIPIENT unjustifrably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further firnds, 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 zustained by ECOLOGY and the State of Washington because of any breach of this Agreenent by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoffuntil such time as the exact amount of damages due ECOLOGY from the RECIPIENT is detennined. b) ForConvenience ECOLOGY may tenninate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirly (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 terms of thisAgreement prior lo 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 s0ate, 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 terrrinate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOCY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insuffrciency is resolvcd. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGYwiII make a reasonable atternpt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incuned by the RICIPIENT tbrough the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. 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 firnds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such terrrination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) ByMutualAgrecment Templatc Version lU I U 20D;0 Statc of Washingon Department of Ecolory AgreunentNo: OTGP-2021-K|CoSW{1005{! ProjcctTitlc: FcasibilitystudyintosccondaryRecyclingMarkcts Recipient Name: KITTITAS COT NTY - SOLID IIIASTE Page2l of?L ECOLOGY and the RECIPIENT may terminate rhis Agreement, in whole or in part, at any time, by mutual uritten agreement. d) In Event of Temtination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, rpports 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 rcceive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from repayment of all firnds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARry BENEFICI.ARY RECIPIENT shall ensure that in all subconhacts 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. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will not bc conshued as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. Templatc Vcrsion lU rc n020