HomeMy WebLinkAboutDOE Agreement Between KCPHD and DOE ExecutedKittitas County
Review Form
Grants & Contract Agreement #sastl b
Today's Date
08/06/2O2r
Agenda Date a btlar
Fund/Department
116-Public Health
t
Contract/G ra nt I nformation
Recommendation for B and Board of Health Review on
Contract /Grant Agency: Department of Ecology and Kittitas County Public Health
Period Begin Date: July 1,202L Period End Date: June 30, 2023
Total Grant/Contract Amount: S L45,320.00
G ra nt/Contract N u m b er: SWMLSW F A-2021 -KiCPHD-00003
Contract/G rant Su mmary:
Provide regional solutions and intergovernmentalcooperation; prevent or minimize environmental
contamination through planning and project implementation; and comply with state and local solid and
hazardous waste management plans and laws.
of Hea
Department Head Sign ure o"",\D[U41r\Administrator
rd of Health Review and Comment:
r't[>\
Signature
Signature r's Office Datedi
/dt
"t)
Signature of Board of Health member Date
ecutor's Office
\:)(t k\. r
Date
Kittitas County Prosecutor, Auditor, and B
APPROVED AS TO FORM:
Grant/Contract Review Page 1
Total Amount: S145,320.00 State Funds: S108,990.00 Federal Funds S0
Percentage County Funds: 25To Matching Funds: $36,330.00 CFDA# n/a
ln-Kind S
Explain
ls Equipment being purchased?Who owns equipment?
New Personnel being hired?Contact HR hiring - reporting requirements
Future impacts or liability to Kittitas County:
Financial lnformation
Bu lnformation
Pass Through lnformation
Agency to Pass Through
Amount to Pass Through s
Sub-Contract Approved Date
Prosecutor Review
Budget Amendment Needed?
New Division Created?
Yes I attach budget form No E Why not - Already Budgeted
Reven ue Code 1L6-615.03.8.334.03. 10
Has the Prosecutor reviewed this reement?Ye No
Cou Departments lm acted
Submitted
Auditor Facilities Maintenance
lnformation Services Human Resource
Prosecutor Treasu rer
Signature:Date:
Department
Assi ment of Tracki lnformation
Auditor's Office
Human Resource
Prosecutor's Office I \
Who Signed the grant application \
Reviewer Date
Grant/Contract Review Page 2
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION
No.2o2r-J 4ltl
RESOLUTION TO AUTHORIZEEXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN THE KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT AND THE
WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR SOLID WASTE
ENFORCMENT
WHEREAS, RCW 39.34, the Interlocal Cooperation Act, provides the capability for public
agencies to cooperate for mutual advantage; and
WHEREAS, Kittitas County, through the Kittitas County Public Health Department (KCPHD),
is charged with the preservation, promotion, and improvement of health in the
County; and
WHEREAS' one of the many ways KCPHD preserves and promotes health improvements is by
ensuring compliance with solid waste laws and regulations; and
WHEREAS, the Washington State Department of Ecology has obligations under state law to
ensure compliance with laws in regard to solid waste facilities as described in the
attached Interagency Agreement that is hereby incorporated by this reference; and
WHEREAS, the Washington State Department of Ecology desires to delegate certain well
enforcement activities to KCPHD and also to provide funding for such delegated
activities; and
WHEREAS, the Parties desire to enter into the Interagency Agreement that is attached hereto.
NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Kittitas
County, Washington, authorizes execution of an Interagency Agreement with the Washington
State Department of Ecology that is attached hereto, and incorporated herein by reference.
DATED this Attr day of 2021, at Ellensburg, Washington.
BOARD OF COLINTY MMTSSI
CO w
of the
t
I
C ommlssloner
DEPARTMENT OF
ECOLOGY
State of Washington
Agreement No. SWMLSWEA-202 1-KiCPHD-00003
SOLID }VASTE MANAGEMENT LOCAL SOLID WASTE FINANCIALASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
ANI}
KITTITAS COUNTY PUBLIC HEALTH
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter
referred to as "ECOLOGY," and KITTITAS COLINTYPUBLIC HEALTH, hereinafter referred to as the "RECIPIENT,'
to carry out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title:SWE Kittitas Co. PH
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no latcr than:
Project Type:
$145,320.00
$145,320.00
$108,990.00
$36,330.00
a7l0u202t
06t30t2a23
Solid Waste Enforcement
Project Short Description:
Kittitas County will spend $145,320.00 to enforce state and local solid waste regulations, and to provide education and
outreach to prevent solid waste violations.
Project Long Description I
See the Scopc of Work section for more detailed information related to individual Tasks
Overall Goal:
Provide regional solutions and intergovernmental cooperation; prevent or minimizc environmental contamination through
planning and project implementation; and comply with state and local solid and hazardous waste management plans and
laws.
l
State otW"strlngton Department of Ecology
Agresment No: SWMLSWFA-2021-KiCPHD-00003
Project Title: SWE Kittitas Co. PH
RecipientName: KITTITAS COUNTY PUBLIC HEALTH
RECIPIENT INFORMATION
Organization Name: KITTITAS COUNTY PUBLIC HEAUIH
Federal Tax ID:
DLINS Number:
MailingAddress:
Physical Address
Organization Email:
Organization Fax:
Contacts
9t-6001349
0t0202s47
507 N Nanum St, Ste 102
Ellensburg, WA98926
507 N Nanum St, Ste 102
Ellensburg, Washington 98926
tristen.lamb@co.kittitas.wa.us
(50e) 962-7s8r
Page 2 of20
)
Template Version I 2/l 0/2020
)
State of Washington Dopartment of Ecology
Agrcement No: SWMLSWFA-2021-KiCPHD-00003
Project Title: SWE Kittilas Co, PH
Recipient Name: KITTITAS COUNTY PUBLIC HEAlTtl
Page 3 of 20
Project Manager Jesse Cox
Environmental Health Supervisor
507 N Nanum St, Ste 102
Ellensburg, Washington 98926
Email: jesse.cox@co.kittitas.wa.us
Phone: (509) 962-7005
Billing Contact Tina Rowan
Fiscal Analyst
507 N Nanum St, Ste 102
Ellensburg, Washington 98926
Email : tina.rowan.ph@co.kittitas.wa.us
Phone: (509)962-7583
Authorized
Signatory
Tristen Lamb
Public Health Administrator
507 N Nanum St Suitc 102
Ellensburg, Washington 98926
Email: tristen.lamb@co.kittitas.wa.us
Phone: (509)962-7803
Template Version t2 I | 012020
State of Washington DepBrtment of Ecology
Agreement No: SWMLSWFA-2o21-KiCPHD-00003
Project Title: SWB Kitlitas Co. PH
RccipicntNamc: KITTITASCOLTNTYPUBLICHBALTH
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
Page 4 of20
Project
Manager
Laura Busbv
1250 WAlder St.
Union Gap, Washington 98903-0009
Email: LBU346 I @ccy.wa.gov
Phone: (509) 406-3959
Financial
Manager
Laura Busby
1250 WAlder St.
Union Gap, Washington 98903-0009
Email: LBUS461@ecy.wa.gov
Phone: (509)406-3959
Template Vcrsion I2l rc 12020
State of Washington Depadment of Ecology
Agreement No: SWMLSWFA-202 l -KiCPHD-00003
Project Titlo: SWE Kittitas Co. PH
Recipient Name: KITTITAS COUNTY PUBLIC HEALTH
Page 5 of20
AUTIIORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary
for or incidental to the perforrnance 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. Furthernore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement,
This Agreement contains the entire understanding between the parfies, 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 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 KITTITAS COLINTY PUBLIC HEALTH
Tristen Lamb
Public Health
By:
Digitally signed by Laurie
Davies
Date: 2021.09.24 1 5:03:41
-07'00't 'l
Laurie Davics
Solid Waste Management
Program Managcr
Template Approvcd to Form by
Attornoy General's OIIice
Date Date
Template Version l2l t 0 /202.0
State of Washington Departilrent of Ecology
Agrcement No: SWMLSWFA-2021-KiCPIID-00003
Project Title: SWE Kitlitas Co. PH
Recipient Name: KITTITAS COUNTY PUBLIC HEALTII
Page 6 of20
SCOPE OFWORK
Task Numbcr Task Cost: $145,320.00
Task Title Solid Waste Enforcement
Task Descriptionl
Activity - Solid Waste Handling Facility/Site Compliance
RECIPIENT will monitor solid waste handling faciliry compliance with applicable state solid waste regulations including but not
limited to chapters 173-350, 173-351, and 173-304 WAC, and any related local solid waste regulations, or codes.
RECiPIENT will also accomplish monitoring of solid waste handling facilities and sites as prescribed by thc applicable solid
waste regulation(s), including but not limited to permitting, inspections and oversight, review of groundwater data, and annual
review of financial assurance.
New solid wastc pcrmit applications and notices of exemption considered during the grant period for facilities not listed in this
task may be managed under this agrccmcnt.
There are nine (9 ) solid waste facilities or sites with an active solid waste permit, six (6) in exempt status, and one (l) in pennit
post closure status, currently identified in Kittitas County. A list of facilities by name and their permit status can be found in the
Uploads form on the Category Specific Tasks in the EAGL.
RECIPIENT will offer technical assistancc on thc solid waste regulations for proposed permit and permit exempt solid waste
facilities.
RECIPIENT may inspect and monitor sites that are in "cxempt" status. RECIPIENT will upload a copy of inspection reports
to the Progrcss Rcport form for all inspections conducted in thc quartcr.
Activity -Solid Waste Investigation, Assistance, Enforcement
RECIPIENT will investigate solid waste related complaints or concerns, including, at RECIPIENT's discretion, assisting in the
proper handling of abandoned or illegally stored junk or nuisance vehicles. RECIPIENT will offer technical assistance about
solid waste regulations and how to prevent or correct violations, and will enforce as necessary. RECIPIENT will provide
public education about proper handling and disposal methods, and how to prevent violations.
Expcctcd Task Costs:
Costs eiigible for reimbursement with supporting documentation include:
. Recipient employee time to implement task scopc,
' Trainings required for employees to perform the task scope. Travel costs must be pre-approved by Ecology and are
reimbursed up to the state rate, including per diem.
, Costs not listed here but pre-approved in writing by Ecology.
Templale Version 12110/2020
Sfate of Washington l)epsrtment of Ecology
Agreemenl No: SWMLSWFA-2021-KiCPHD-00003
Project Titlo: SWE Kittitas Co. PH
Recipient Name: KITTilAS COUNTY PUBLIC HEALTH
Page 7 of20
Costs not eligible for reimbursement include:
. Overtime compensation (all hours are calculated at the regular rate of pay).
. Site clean-up costs including costs for removal, transportation, and disposal.
. Costs not specifically identified in the task's scope of work or pre-approved in writing by Ecology
Task Goal Statement:
The goal of this task is to protect human health and the environment by prcventing and correcting violations of solid waste rules
and regulations.
Task Expcqted Qutcoms:
RECIPIENT expects to resolve 120 complaints, perform 12 inspections, and issue I0 permits with the task budget.
Recipient Task Coordinator: Jesse Cox
Solid Waste Enforcement
Deliverables
Number Description Due Date
1.1 Task Expected Outcomes are the deliverables and achieved incrementally
throughout the biennium.
Templatc Version 12/ 1 A / 2A20
State of Washington Department of Ecology
Agreemcnt No; SWMLSWFA-2021-KiCPIID-00003
Froject Title: SWE Kitlitas Co. PI-l
Recipient Name: KITTITAS COUNTY PUBLIC HEALTH
Bt'DGET
Funding Distribution EG220019
NOTE: The abovefunding distribution number is used to identify this speci/ic $gneement and budget on payment
remitlances and may be referenced on other communicotions from ECOLOGY. Your agreement may have multiple
funding distribation ntimbers to identifi each budget.
Page 8 of20
Funding Title: Kittitas County PH
Funding Effective Date: OTlU/2A21
Funding Source:
Title
Fund:
Type:
Funding Source 7o
Description:
Funding Tlpe:
Funding Expiration Date
Grant
06130t2023
Model Toxics Confrol Operating Account (MTCOA)
State
l00o/o
Local Solid Waste Financial Assistance
Approved Indirect Costs Rate: Approved State Indirect Rate: 30%
Recipient Matcho/o: ZS%
InKind Interlocal Allowed: No
InKind OtherAllowed: No
Is this Funding Distribution uscd to match a federal grant? No
Kittitas County PH Task Total
Solid Waste Enforcement $ 145,320.00
Total: $ 145,320.00
Template Version I 2/ 1 AnO20
State of Washington Department of Ecology
Agreenrent No: SWMLSWFA-2021-KiCPHD-00003
Project Title: SWE Kittitas Co. PH
Recipient Namc: KITTITAS COUNTY PUBLIC IIEAUIII
Page 9 of 20
Fundins Distribution Summary
Rccipicnt I Ecology Share
AGREEMENT SPECIF'IC TERMS AND CONDITIONS
NIA
SPECIAL TERMS AND CONDITIONS
If the scope of this Agreement includes recycling activify 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 recyclinglreuse or marketed for recyclinglreuse under this Agreement, unless approved in writing
by Ecology. RECIPIENT must immediately notiff ECOLOGY when the RECIPIENT becomes aware that disposal of
materials occuned or may occur due to the market conditions for recycledlreused materials. ECOLOGY may deny new costs
or require fepayment of costs already reimbursed or remove the task from the Agreement or terminate the Agreement^
Ecology will conduct a risk assessment of all Local Solid Waste Financial Assislance recipients, The level of risk determines the
lcvcl of oversight required by Ecology throughout thc bisnnium. If the RtrCIPIENT's performance or project circumstances
change, Ecology may rcassess risk and notify the RECIPIENT of any changcs to administrative requirements.
RECIPIENT shall update the Spending Plan and Outcomcs Data Collection form at least quarterly. The Spending Plan and
Outcomes Data Collcction form must be completed concurrent with thc submittal of cach payment RequcslProgrcss Rcport.
RECIPIENT shall report outcomss 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 reimbursernent of
payment requests received after this date.
GENERAL FEDERAL CONDITIONS
If a portlon or all of the funds for this agreement are providcd through fedcral funding sources or this agreement is
used to match a fcderal grant award, the following terms and conditions apilly to you,
A. CERTIFIEATION BEGARDINC SUSPENSION. DEBARMENT. INELIGII]ILITY OR VOLUNTARY
EXCLUSION:
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 RECIPIENTICONTRACTOR is unablc to certify to the statemcnts
Template Version l2l l0/2A20
tr'unding Distribution Name Recipient Match %o Recipient Share Ecology Share Total
Kittitas County PH 25.04 %$36,330.00 $ 108.990.00 $ 145,320.00
Total $36,330.00 $ 108,990.00 $ 145,320.00
State of Washington D€partment of Ecology
Agreement No; SWMLSWFA-2021-KiCPHD-00003
Project Title: SWE Kittitas Co. PH
Recipient Name: KITTITAS COUNTY PUBLIC HEALTH
Page l0 o{20
contained in the certification, they must provide an explanation as to why they cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate wdtten notice to ECOLOGY if at any time the
RECIPIENTICONTRACTOR leams 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 sst
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 RECIPIENTICONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code ofFederal Regulations, debarred, suspended,
declared incligiblc, or voluntarily excludcd from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
..CERTIFICAIION 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 agrcss to kccp proof in its agrcement 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 FUNDT.NG ACCOUNTAFILITY AND.TRANSPARE]{CY ACT FFATA) REPORTINQ
REOUIREMENTS:
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 $25,000 in federal funds under this award.
Receives more than 80 percent ofits annual gross revenues from fcdcral funds.
Rcceives 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
requircd to report the FFATA information for federally funded agreements, including the required DUNS number, at
wlvlv.flsrs.gov <htl.p://r,vwrv.f'srs.gpv/> within 30 days of agrcement signature. The FFATA information will be available to
the public at www.usqspgnding.sov <httpj//wwrv.usSsne[dinH.gov/>.
For more details on FFATA requirements, see rvrvw.fsrs.gov <http://wu,W.flrrs.goy/>
C. FEDERALFTJNDING PROHIBITION ON CERTAIN TELECOMMLINICATIONS ORVIDEO SURVEILLANCE
Tcmplate Vcrsion I 2110/2020
State ofWashington Department of Ecology
Agrecment No : SWMLSWFA-202 I -KiCPHD-00003
Project Title: SWB Kjttitas Co. PH
Recipient Name: KI'I'IITAS COUNTY PUBLIC HEALIH
Page I 1 of20
$ERVICES OR EOUIPMENT:
As required by 2 CFR 2A0.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or $ant funds to:
l. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. Enter into a conkact (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 15-232
5J:lllts:l/rvr.vrv.soyinfo.qqvlcen(cntlpkg/PLAW- I l5puh1232lBdITPLAW- ! I 5publ232.p{t}, secrion 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologics Company or ZTE
Corporation (or any subsidiary or affiliate of such entitics).
Recipients, subrecipients, and bonowers 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 resorded in
the Systettt jblAwar exclusion list.
Tcmplate Version 12/ t 0 /2020
State of Washington Department olEcology
Agrcement No: S\ryMLSW!A-202I-KiCPHD-00003
Project Title: SWE Ki(iras Co. PH
Recipient Name: KITTITAS COUNTY PUBLIC HEAAH
Page 12 of20
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
06/2412021 Version
1. ADMTNISTRATTVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans * EAGL Edition."
(htfps ://fo(ress.wa.govlecy/publicationslsummaryPages/l 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 rssources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including cnsuring all
subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY rcscrves the right to request
proof of compliance by subgrantecs and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to thc rcview and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agpeement may be altered, amended, or waived only by a written arnendment 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 botb parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and adrninistrative
information without the concurrence of either parfy.
3, ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington Statc Ofiice of the Chief Information Officer, OCIO policy no. 188,
Accessibility (https:l/ocio.wa.gov/policylaccessibility) as it relates to "covered technology." This requirement applies fo all
products supplied under the Agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web siteslpages, 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 buildingslstructures, traditional cultural places, sacred sites, or other cultural resources, hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold hannless 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 cr 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 expendihuc of Agreement funds as required by applicable State and Federal requirements.
* For state funded construction, demolition, or land acquisitions, comply with Govemor Executive Order 2l-02, Archaeological
and Cultural Rcsources-
Tcmplatc Version I 2/l 0/2020
State olWashington Department of Ecology
Agrecment No: SWMLSWFA-2021-KiCPtlD-00003
Project Title: SWE Kittitas Co. Pll
Recipient Name: KITTI'IAS COUNTY PUBLIC HEALTH
Page l3 of20
' For projects with any fedsral involvemcnt, comply with the National Historic Prescrvation 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 thc project sitc.
' Implemcnt the IDP when Cultural Rcsources or human remains arc found at the project site.
c) If any Cultural Resources are found while conducting work under this Agrcernent, follow thc protocol outlined in the projcct
IDP.
. Immediately stop work and notiB/ the ECOLOGY Program, who will notiry the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local governmcnt.
d) If any human remains are found while conducting work undcr this Agreement, follow the protocol outlined in the projecr
IDP.
' Immediately stop work and notiry the local Law Enforcement Agency or Medical ExaminerlCoroner's Office, the
Department of Archaeology and Historic Preservation at (360) ?90- 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.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agrccmcnt shall be transferred or assigned by the RECIPIENT
6. COMMUNICATION
RECIPIENT shall make every effort to maintain eflective communications with the RECIPIENT's designees, ECOLOGy, all
affected local, state, or federaljurisdictions, and any interested individuals or groups.
7. COMPENSATIOT{
a) Any work perfbrmed 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 agrecd on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Rcport and supporting
docurnentation. ECOLOGY will providc instructions for submitting paymcnt rcqucsts.
0 ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a propcrly complctcd requesr for paymenl
g) RECIPIENT will receive paymcnt through Washington State's Officc of Financial Management's Statcwide Payec Desk.
To reccivc payment you must registcr as a statewide vendor by submitting a statewidc vendor registration form and an IRS W-9
form at wcbsitc, https:/lofm.wa.gov/it-systcms/statewide-vendorpaycc-serviccs. 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 disqetion, 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.
Tcmplatc Vcrsion 12 I I 0 /2A20
State of Washington Deparbnent of Ecology
Agreement No: SWMLSWFA-2021-KiCPHD-00003
Projcct Title: SWE Kiniras Co. pH
Recipient Name: KITTITAS COUNTY PUBLIC I{EAL|H
Page 14 of20
j) RECIPIENT must submit within thiffy (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. COMPLIANCE WITH 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 statc 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 assurancc to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project arc obtained. RECIPIENT must include time in their project timeline for the
permit and approval proccsscs.
ECOLOGY shall have the right to immediately terminate for cause this Agrecment as provided herein if the RECIpIENT fails to
comply with above requirements.
If any provision of this Agreement 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 offrcer, membsr, 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 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 procccds
thcreof.
IO. CONTRACTiNG FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related lo its performance under this Agreement. RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, scrviccs, and professional architectural and engineering services
through a competitive process, if required 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 copics of all procuremcnt documentation, antl review procuremcnt
practices related to this Agrcement. Any costs incurred as a rcsult of procurcmcnt practices not in compliance with statc
procurement law or the RECIPIENT's normal procedures may be disallowecl at ECOLOGY's solc discrction,
1I. DISPUTES
When thcrc is a dispute with regard to the cxtent and charactcr of the work, or any other mattcr related to this Agreement the
determination of ECOLOGY will govem, although the RECIPIENT shall havc thc right to appcal dccisions as providcd 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 opporfunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOCY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review
Templatc Vcrsio n l2ll0/2A20
Statc of Washington Department of Ecology
Asreemcnt No: SWMLSWIA-2021-KiCPIID-00003
Projcct Title: SWE Kiniras Co. PII
Recipient Narne: KI'|TITAS COUNTY PUBLIC IIEALTH
Page l5 of20
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thify (30) days from thc datc of such
decision, lhe 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 agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals olthe Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision
will not be taken to Errvironmental and Land Use Hearings Office.
Pending final dccision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agrccmcnt and in
accordancc with the decision rcndercd.
Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method, in addition to thc
dispute resolution procedure outlined above.
12. ENVIRONMENTALDATASTANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uscs environmental
measuromcnt data. RECIPIENTS unsuro about whether a QAPP is rcquired for their project shall contact the ECOLOCY
Program issuing the gant 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 Srudies, July 2004
(Ecology Publication No. 04-03-030).
' 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 ECOLOGY using the Environmental
Information Management system (EIM), unlcss thc ECOLOGYProgram instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was succcssfully loaded into EIM, find instructions at:
http ://www. ecy.wa. govleim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing CIS Data are available at:
https;//ecology.wa.gov/Research-Data./Data-resources/Geographic-Information-Systems-GlS/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 thc Supcrior Court of Thurston Counfy.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsiblc for payment of salaries, consultant's fees, and other costs relatcd to thc projcct
describcd hcrcin, except as provided in the Scope of Work.
To the cxtcnt that the Constitution and laws of the State of Washington pcrmit, each party will indemnify and hold the other
harmlcss from and against any liability for any or all injuries to pcrsons or property arising from the ncgligent act or omission of
that parry or that pafy's agents or employees arising out of this Agreement.
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each parfy who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that parly and will not for any purpose be employees, volunteers, or agents of the other
party.
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State of Washington Departmsnt of Ecology
Agrccmcnt No: SWMLSWFA-2021-KiCpHD-00003
Project Titl€: SWE Kittitas Co. pH
Recipient Namc: KITTI'IAS COUNTY PUBLIC HEALTLI
Fage l6 of20
I6. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to givo up
any pafi of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in retum for award
of a subcontract hereunder.
17. MINORITYAND WOMEN'S tsUSINESS ENTER"RISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-ownsd
(wBE) businesses in purchases and contracts initiated under this Agreemcnt.
Contract awards or rejeetions cannot be made based on MWBE parlicipation; howcver, the RECIpIENT is encouraged to
take the following actions, when possible, in any procurement undcr this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasiblc, into smaller tasks or quantities, to permit maximum participation
by qualified minoriry and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority ancl
women's businesses.
d) Use the services and assistance of the Washington State Offrce of Minority and. Women's Business Enterprises (OMWBE)
(866-208-1064) and the Offtce of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate,
18. ORDEROFPRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall bc rcsolved by giving
prccedence in the following order: (a) applicable federal and state statutes and regulations; (b) Thc 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"; (f) Ecology Funding program Guidelines; and (g)
General Terms and Conditions.
19, PRESENTATIONANDPROMOTIONALMATERIALS
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 timc for ECOLOGY's rcview and approval process in their pruject timcline.
c) If requested, RECIPIENT shall provide ECOLOCY two (2) final copies and an electronic copy of any tangible pro<lucts
developed.
Copics include any printcd materials, and all tangible products developed such as brochurcs, manuals, pamphlets, vielcos, audio
tapcs, CDs, curriculum, posters, mcdia announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to providc a copy, thcn the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best rcpresents the item.
Any communications intcnded 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. PROGRESS REPORTING
Template Version I 2/l 0/2020
Staie olWashington Departmcnt of Ecology
Agrcemcnt No: SWMLSWFA-2021-KICPHD-00003
Pmjcct Title: SWE Kittitas Co. Ptl
Recipient Name: KfmI'lAS COLTNTY PUtsLlC HEALTH
Page l7 of20
a) R-ECIPIENT must satisfactorily dcmolrstratc the timely use of funds by submitting payment requcsts 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 will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will covcr thc pcriods from January I through March 31, April 1 through June 30, July 1 through
Scptcmbcr 30, and October 1 through December 31. Rcports shall be submifted within thirfy (30) days after the end of the
quarter being reporled.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unlcss an extension has been approved
by ECOLOGY, all financial, performance, and other reports required by the Agreemcnt an<l funding program guidelines.
RBCIPIENT shall use the ECOLOGY provided closeout report iormat.
21. PROPERTY zuGHTS
a) Copyrights and Patents. When the RECIPIENT creatcs any copyrightable materials or invents any patentable properfy
under this Agreement, the RECIPIENT may coplright or patent lhe same but ECOLOGY retains a royalty free, nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or properfy, and to 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 pubiish ECOLOGY information;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, rnaps, 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 rcproduction of the materials.
d) Tangible Properry Rights. 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 properfy 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 Properly Furnished by ECOLOCY. When ECOLOGY provides personal property directly to the RECIpIENT
for use in performance of the pro-f ect, 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 setoffby
the RECIPIENT for the fair market value of such properry.
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 cstablish that the cost is fair valuc and reasonable prior to disburscmcnt of funds provided for in this
Agrccmcnt.
2. RECIPIENT shall provide satisfactory evidetrce of title or ability to acquire title for cach parccl prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurancc policics, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is frec from any impediment, licn, or claim which would impair the uses intcnded by
this Agreement.
g) Convcrsions, Regardlcss of thc Agreement expiration date, the RECTPIENT shall not al 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 wriften approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGy of
that portion of the proceeds of the sale, Iease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
Tcmplate Version 12/ 10 /202A
State of Wasbington Department of Ecology
Agreement No: SWMLSWFA-2021-KiCPHD-00003
Project Title: SWE Kittiras Co. PH
Recipient Name: KITTITAS COUN'|Y PUBLIC IIEAU|II
Page 18 of20
22. RECORDS, AIJDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records reiating to this Agreement, including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expendifures.
b) Be kept in a common file to facilitate audits and inspections.
c) clearly indicate total receipts and expenditures relatcd to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized autlit representative of the State of rily'ashington,
for a period ofat least three (3) years after the final grant payment or loan repayment, or any dispute resolution hcreunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspcctions identifu discrepancics in thc
records,
ECOLOGY reserves the right to audit, or have a designatcd third parfy audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies detcrmined. 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 three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized repre sentative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
23. RECOVERYOFFUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingcnt upon satisfactory performance
of this Agreement and completion of the work described in the scope of work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditurc(s) or
unallowable cost charged to this Agreement shall be rcfundcd to ECOLOGY by the RECIPIENT,
RECIPIENT shall refund to ECOLOGY the futl amount of any srroncous payment or overpayment under this Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirry (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
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.
24. SEVERABILITY
If any provision of this Agreement or any provision of any documcnt incorporated by refercncc shall be held invalid, such
invalidity shall not affect thc other provisions of this Agreement which can be given effect without the invalid provision, and to
this end thc provisions of this Agreement are dcclarcd to be severablc.
25. STATE ENVTRONMENTAL pOLtCyACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requiremcnts of the Statc Environmental
Policy Act (Chapter 43.21C RCW and Chaptcr 197-ll WAC) havc bccn or will be met. Any rcimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspond this Agreement or any
portion thereof for a temporary period by written notice from ECOLOCY to the RECIPIENT. RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGy.
Template Version 12110/2020
State of Washington Department of Ecology
Agreement No: SWMLSWIA-2O21-KiCPfD-00003
Pmject Title: SWE Kittitas Co. Ptl
Recipient Name: KII-IITAS COUNTY PUBLIC IIEALI'H
Page I 9 of20
27. SUSTAINABLEPRACTICES
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environm€ntally preferable products under this Agreement.
a) Sustainable practices may include such activities as: us€ 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 cartridgcs, proelucts with reduced
packaging, office products that are refillable, rechargcable, and recyclable, 100% post-consumer recycled papeq and toxic free
products,
For more suggestions visit ECOLOGY's web page, Green Purchasing,
https:/lecology.wa.govlRegulations-Permits/Guidancc-technical-assistancelsustainable-purchasing.
28. TERMINAIION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perfonn an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incuned in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performancc by thc
RECIPIENT of all of its obligations under this Agreernent. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may rcfuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any othcr 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 of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convcnicnce this Agreement, in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calcndar days prior written notification to thc RECIPIENT, exccpt as noretl below. If this
Agreement is so tcrminated, the partics shall bc liable only for performancc rcndered or costs incurrcd in accordance with the
terms of this Agreemcnt prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding
from state, fsderal or other sourccs is withdrawn, reduced, or limitcd in any way after the effective datc and prior to the
completion or expiration date of this Agrecment, ECOLOGY, at its solc discretion, may elect to tsnninatc 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 ECOLOCY determines the funding insuffrciency is resolved. ECOLOGY rnay
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of terminalion or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no
Templatc Version t 2ll 0/2020
State of Washington Department of Ecology
Agreement No: SWMLSWFA-202I-KICPHD-00003
Project Title: SWE Kitritas Co. PH
Recipient Name: KITTITAS COLJNTY PUBLIC HtsALrH
Page 20 of20
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 RECIPIENT's 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.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIpIENT in
accordance with Recovery of Funds, identified herein.
29. THIRDPARTYBENEFICIARY
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 Agrecment is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless statcd as such in writing by the authorized
representative of ECOLOGY.
End of Gcneral Terms and Conditions
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