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HomeMy WebLinkAboutDOE Agreement 27750Kittitas County Review Form Grarrts & Contract Agreement Contract/G ra nt I nformation Recommendation for Board of Health Review on Department Head Signature Director Date: gl'l >3 verification the contracting Agency is not suspended/Disbarred: Today's Date 07/t2/2023 PBK# 11160 Fund/Department 116-Public Health Agenda Date:bltw b Contract /Grant Agency: Wash ington State Dept, of Ecology and Kittitas county public Health Waste) (Solid Period Begin Date: 07/OI/2023 Period End Date: 06/3O/202s Total Grant/Contract Amount: 5L27,7 41,.33 G ra nt/Contract N u m b er: SWM LSWFA-2023-KiCpH D-00145 The agreement between Washington State Department of Ecology and KCPHD to enforce state and local solid waste regulations and to provide :ducation and outreach to prevent solid waste violations. Contract/Grant Su m mary: Kittitas county Prosecutor, Auditor, and Board of Hearth Review and comment: P ASTOF Signature o Prose r's Offi Date t Signature of Auditor's Office D Agency is not suspended/disbarred ! Not Checked (reason) Grant/Contract Review Page 1 Financial lnformation Bu et lnformation Pass Throu lnformation Prosecutor Review Total Amou nt 5i.27,741.33 Stat: Fund s 5L2l,l 41.33 Federal Funds S Percentage County Funds Matching Funds $CFDA# ln-Kjnd $ ls Equipment being purchased?Who owns equipment? New Personnel bein hired?Contact HR hiri ing-re uirements Future impacts or liability to Kittitas County: Budget Amendment Needed? New Division Created? Yes f] attach budget form No E why not Already Budgeted Revenue Code 1 16-6 15.03.8.334.03, 100 38)L SL^, Expense Code 1 16-€ 1s.03.8.s 1001/s2001/s0098 6ss>Lgr.^ r,fr Agency to Pass Through Amount to Pass Through Expense Code Sub-Contract Approved Date: e Prosecutor reviewed this agrement?Has th Yes No County De artments lm acted BOCC roval Needed? Assignment of Trackin g lnformation Auditor Facilities Maintenance lnformation Services Human Resource Prosecutor Treasurer Yes I Non Staff Mem ber Presenting: Auditor's Office Human Resource Prosecutor's Office Who Signed the grant a pplication Reviewer Date Grant/Contract Review Page 2 Docu$gn Envelope lD: 46F056EF-7F9D-4D94-ACDA€201 3C79BD9C Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: f"he Effective Date of this Agreement is: The Expiration Date of this Agreement is ro laftr than Project Type: DEPARTMENT OF ECOLOGY State of Washington Agreement No. SWMLSWFA-2023-KiCPHD-0014S SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OFWASHINGTON DEPARTMENT OFECOLOGY AND KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT This is a binding Agreement entered into by and between the state of washington, Depaftment of Ecology, hereinafter IEfETTCd tO AS ..ECOLOGY," ANd KITTITAS MLINTY PUBLIC HEALTH DEPARTMENT, hErCiNAftEr rEfErrEd tO ASthe "RECIPIENT," to cany out with the :roviced funds activities described herei'. GENERALINFORMATION Project Title: SWE l(ittiras pFID $127,74t.33 $127,741,33 $95,806.00 $31,93s.33 a7/01/2023 06130t202s Solid Waste Enforcement P roj ec t S h ort Des_SdpltioJj Kittitas counfy Public Health Departmen: will ;pend g127,741.33 to enforce state and local solid waste regulations andto provide education and outreach to prev;nt sdid waste viorations. Proigct [.onq Deseriptipn.; see the scope of work section for more d;taileil information related to individualTasks. OverallGoa[: Provide regional solutions and intergovernmenbl cooperation; prevent or minimize environrnental oontamination throughplanning and project implementation; and comply with state and local solid and hazardous waste management plans andIaws. DocuSjgn Envelope I D: 46F056EF-7F9D-4D94-ACDA- 8201 3079BD9C State olWashington Department of Ecology Agreernent No: SWMLSWFA-2023-K|CPHD-00.45 Project Title: SWE Kittitas pHD Recipient Narne: KTTTITAS COLTNTY PUBLIC HJALTI_I DEPARTMENT RECIPIENT INFORMATION organizatio. Namer KITTITAS cotr\rry ?UBLIC HEALTH DEPARTMENT Federal Tax ID: 9l-6001349 Mailing Address:507 N Nanurn St, Ste 102 Ellensburg, WA 98926 Physical Address;507 N Nanum St, Ste ll2 Ellensburg, Washington 9g926 chelsey. loeffers@co. kittitas.wa.us 6A9) 962-7s51 Pagc 2 of 22 Organization Email:, Organization Fax; Contacts Template Version l2l I O 12020 DocuSign Envelope lD: 46F056EF-7FgD-4D94-ACDA€201 3J79BD9C State oIWashington Department ol Ecology Agreernenl No: SWMLSWFA-2O23-KiCP.{D-OOt45 Pro.iect Title: SWE Kitriras pHD Recipient Narne: KITTITAS COUNTY pUtrLIC I.IEALTH DIPARTMENT Ptrge3 of 22 Project Manager 507 N Nanum St, Stl 102 Eilensburg, Wishington 98926 Email : jesse.cox@co.kift itas,wa.us Phone: (509) )624)A5 Jesse Cox Environrnenta Heallh Supervisor. Billing Contact 507 N Nanum St, Se 102 El lensburg, Washin5ton 98926 Email : katie.odiaga @co.kittitas.wa.us Phone: (509))62-7)05 Katie Odiaga Fiscal Analyst Authorized Signatory 507 N Nanum St, St: 102 Ellensbulg, W:shington 98926 Em ai I : chelsey. loefier.s@co.kiftitas.wa. us Phone: (509) 962-71105 Chelsey Director Ternplate Version I 2/ I 012020 Docu$ign Envelope lD: 46F056EF-7F9D-4D94-ACDA-320.1 3l79BD9C State of Washington Departnrent of Ecology Agreerlent No: SWMLSWFA-2O23-KiCpHD_00115 Pro.iect Title: SWE Kirtitas pltD REcipient Nanle: KITTITAS COUNTY PUELIC I.IT.ALTH DEPARTMENT ECOLOGY INFORMATION Mailing Address f)epartment of Ecology Solid Waste Managernent PO BOX 47600 Olympia, WA 98:04-7C00 Physical Address;Solid Waste Managemort 300 Desrnond Drive SE Lacey, WA 98503 Contacts Template Version 12 I l0l20Z0 t Page 4 of 22 Project Manager 1250 WAlder St. Union Gap, Washington 98903-0009 Emait: mmul 461@rcy,wa.gov Phone: (509) 266-3c.59 Michelle Mulr,rny Financial Manager 1250 WAlder St. Union Cap, Washingon 98903-0009 Email : rnrnul 451 @e:y.w a.gov Plrone: (509) 406-3S59 Michelle MulLony Docugign Envelope lD: 46F0S6EF-7F9D-4D94-ACDA-320.1 3l79BDgC State of Washington Departrnent of Ecology Agreernent No: SWMLSWFA-2023-KiCPHII_00145 Project Title: SWE Kittitas pHt) Recipient Narne: KITTITAS COUNTY PUBL C HEATTH DEPARTMENT Washington State Department of Ecology By tLfu,8/7 /2023 Petcr Lyon Solid Waste Management Acting Program Manager Tenrplate Approved to Forrn by Attorney General's Offi ce AUTHORIZING SIGNATURES RECIPIENT agl'ees to fumish the necessaqr perslnnel, equipment, materials, services, and otherwise do all things necessalyfor or incidental to the performance of work as set forth in this Agree'rent. RECIPIENT acknowledges that they had tle oppoftunity to review the entire Agreement, ilcluding all the terms and conditionsof this Agreement, scope of Work, attachments, rnd incolporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines nenticned in thisAgreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreetnent. This Agreement contains the entire understanding between the parties, and there ale no other understandings or. representationsother than as set forth, or incorporated by refererce, herein. No subsequent modifications or amendtnefis to tris agreement will be of any force or effect unless in writing, signed byauthorized representatives of the REclPlEtlT anJ ECOLoGY and made a part of this agreemerlt, EcoLoGy andRECIPIENT m ay change their respective staff coltacts without the concunence of eitler party. This Agreement shall be subject to the writien aprroval of Ecology's authorized r.epresentative and shall not be binding until soapproved. The signatories to this Agreetnent represent that trey have the authority to execute this Agreement and bind their respectiveorganizations to this Agr.eement, Page 5 of?2 l)ate by; KITTITAS COLTNTY PUBLIC HEALTH DEPARTMENT By:t Chelsey Director 1 Date Ternplate Version 12/ I0l2A20 Docugign Envelope lD: 46F056EF-7F9D-4D94-ACDA-3201 3rl79BD9C State of Wash i ngton Departnleut of Ecology Agreenreht N0: SWMLSWFA-2O23-KiCpHt,_OO145 Project Title: SWE Kirtiras pt{D Recipierrt Nanre: KITTI]AS coLrNTY PUBL.C I{EALTFI DEIARTMEN.I Page 6 of 22 SCOPE OFWORK Task Numbel Task Cost: $102,741.33 Task Title: Sotid Waste Enforcemert 'lask Dcscriplg!; Activiry - Solid Waste Handling Facitify/Site Conr:liance RECIPIENT anticipates performing the foilor,ring work uncrer this activity; cornpliance monitoring at solid waste handllrg facilities and sites using the following regulations as applicable to each facility orsite: chapter 173-350 wAC (Solid waste Ha-rdling Standalds), chapteL 173-35I wAC (criteria for Municipal solid wasteLandfills)' chapter 173-304 wAC (Mininrtttn Functiotral standards for solid waste l-landling), and all relatecl local solid wastcregulations or codes. Monitoring of facilitics or sites I'equiring a per*it will be accomplished through issuing or renewing perrnits, at least oneinspection annualiy at cach permitted facility or site, oversight and technical assistance, review of gr.oundwater data, annualreview offinancial assurance, and enforcem€flt as Decessary. RECIPIENT will complete at least one inspection per calerrda'year at each perrnitted solid waste facility. RECIpIENT willtmck facilities monitored and include the infcr.tation in quarterly progress reports, including uploading a copy of inspectio'rsports conducted in the quarter. New solid waste perntit applications and notices of exemption conside|ed during the grant period for.facilities not listed may bemanaged under this agreen'lent. e " - o--"w rYr rvu r . Facility information; A list of facilities and th:ir pe'nit status is located in the uploads form on the Application Menu page inEAGL. Activity - solid waste Investigation, Assistan,:e, Errfor.cement RECIPIENT will investigate and resolve solic waste related complaints and concerns, offcr technical assistance about solidwaste regulations and how to pl'event violations, provicle public cducation about proper.handling and disposal rnethods andhow to pl'event violations, assist in the proper handling ofabandoned or illegaily storedjunk or nuisance vehicles, and enforceas necessaly' RECIPIENT will review cxisting local codes and otdinances and make necessary revisiors and add enforcementmeasures to aid in compliance as necessary. This task includes developnlent arrd distribution of prornotional materiars to encourage compliance. In accordance withp.ovisions 3 arrd 19 of the General Terlns and Cond'tio's of this agreeme't, RECIPIENT is encouraged to work with thejr ffiLffi:;il,,'1?ffil,rYlffj:""'"oing rnaterial, and must provide a drali for'eview and approvat ten (10) business days Costs Eligible for Reinr bur.sement Ternplate Version I2l I Ol2O20 Docu$ign Envelope lD: 46F0S6EF-7F9D-4D94-ACDA-8201 30798D9C State of Washington Dcpartrnent ol F:cology Agreeurent No: SWMj-SWFA-2023-I(iCPHD-0014: Proiect Title: SWE Kiftitas pHD Recipient Narne: KIt'Tt'tAS COLJNTY pUBUC HEl.t.TIl DEPARTMENT PrgeT ot22 staffsaiaries and benefits, and up to 30% indirect charge on this cost Mileage o' fuel and maintenance charges fo*ehicle use o'task eligible woLk Ordinance developrnent necessary to aorply with chapter 173_350 WAC Costs not listed her.e but pre-approved in writing by Ecology Costs Ineligible for Reimbursement ' Costs covered by solid waste facility fees for .nspections, perrnit issuance or l.enewal ' Sitc clean-up costs including costs for rernoval, tr.anspoftatiou, a'd disposal ' Ovettime unless the individual spent 10) percent of their tirne on LSWFA activities in the core 40-hour work week' Staff participation irr trainings, worksho:s and or confereuces not pre-approved in writing by ECoLoGy' costs of mcmbership in civic, business, technical or professional olganizations not pre-approved in writing by ECoLoGy . Costs not supported with required documentarion Task Goal_S.Idernentl The goal of the task is to protect huntan healtlr and the environment by pleventing and correcting solid waste violations throughtechnical assistance and education, cotrrpliarce mor.ritoring and enfor.cemelt when necessary. 'fask Expecl€d .Qufcorne: with the task budget, RECIPIENT expects t'> perfrrrn 80 perrnittecl and l0 exempt facility or. site inspections, issue 20 permitlenewals, and receive and resolve 20 complaints. Itecip!ent Task Cborclinato.r:l Jesse Cox Solid Waste Enforcement Deliverables Number Description Due Date 1.1 Task Expected areOut,;omcs the deli velables and ach ieved tncremental ly rh bithe lum.en1 Tenrplate Version 1 2l I 012020 Docu.$ign Envelope lD: 46F056EF-7F9D-4D94-ACDA_ 320.1 30798D9C State of Washillgton Department of Ecology Agreernent No: SWMI-SWFA_2023_KicptD_00145 Project Title: SWE Kirtiras pl{t) Recipient Na|ne: KITI]TAS coUNTY PUBLIC IJEALTH DEPAKIMF.NT Page 8 of 22 SCOPE OFWORK Task Number 2 Tash Cost: $25,000.00 Task Title:Homeless Encampment Response Ir$jDesctrpllalr. ACTIVITY- CLEANUP RECIPIENT or delegate is responsible for safety training and ove.sight of cleanup crewrnembe's. RECIpIENT will follow allapplicable county or state road setup procecures as deterrnined by the appropriate county or.state officials during cleanup.RECIPIENT will provide appropriate Perscmal protective Equipneut (ppE) for alr workers. ppE can include safefy vests,glovcs, eye protection, and any other supplies or tools necessary to complete the wor.k safely. RECIPIENT will take collected liner to a p+tmitted solid waste faciliry and recycle uraterials whenever possible or coordinatewith WSDOT for pickup of litter on state rcads. RECIPIENT ernployecs will coo|dinate with other departments and local agencies to cleanup active and or abandonedencampntents and continue to keep them clean. RECIPIENT e'rployees may investigate active and or abandonedencampments to assess and ptioritize cleanup. cleanup and disposal are eligible on publicly owned sites/locations only.cleanup of Federal land is allowed when thl RECIPIENT coordinates with federal agencies prior to cleanup. RECIPIENT may contract fo. assista'ce wlh this task. Reimbursernent flor costs incur.red by contractors to perform workidentified irr this task are subject to the satn+ eligibility and reiurbursement lequir.ernents as the RECipIENT and requir.eECOLOGY approval. RECIPIENT is encouraged to leview the l\4aster contract plovided by Depaftment of Enterprise ser.vices (DES) forinfotrnation about vendors with experience to clean up and dispose of urater.ials that meet the RECIpIENT,s speeificcircumstances and need. ACTIVITIY * INFRASTRUCTURE, PURCHASED SERVICES RECIPIENT may purchase services to provide portable toilets and or garbage collection at shelter-i'-place locations and otherlocations where the RECIPIENT has previcusiy assessed these services are practical. RECIPIENT employees and orcontt'actots will investigate active encamplr.ents to assess the level of infi.astr.ucture needed, Costs Eligible for. Reimbursement . Contracts and purchased services ident:fied in the scope ofwork. Supplies for cleanup: bags, protective gear ' cleanup costs: tirne, h'ansportation, anc disposar of lraterials fi.onr elcarnprnents. Timc: planning/coordination of cleanup ' Mileage or fi'tel and maintenance propu'tionate to vehicle use fol horneless encampment cleanup. Costs not listed here but pre-approved in writing by ECOLOGy Cost Ineligible for Reimbur.sement Template Version I 2/ I 0/2020 DocuSign Envelope lD: 46F056EF-7F9D-4D94-ACDA€201 3O79BD9C State ofWashington Depadment of Ecology Agreement No: SWMLSWFA-2023-KiCpHD_00145 Pro.ject Title: SWE Kittitas pHD Recipierlt Name; KTTTITAS COUNTY PUBLIC HEALTH DEPAITTMENT Page 9 of 22 costs not spccifically identified or pre-approved in writing by ECoLoGy Costs not supported with required documentation -lb.s-k Qoal Statement: The goal of this task is to protect the envirqrment tll'ough cleanup ancl prevent continued environmental harm at encampments. 'l'aik Expected Outconre: Anticipating multiple cleauups at the sanre :ncamprnent, RECIPIENT must track and report the number of encampments cleatred, and the numbel of cleanups perfor':ned at each encampment. Actual outcomes must be reported i. the Outcornes Data Collectiorl section of the Spending Plar arrd Outconres Data Collection fbnn in EAGL. With the task budget, RECIPIENT expects'o lnanage 2 encampments by performing a total of 4 cleanups resulting in 1,000 pounds of garbage cleaued up. RECIPIENT will also provide garbage containers at 2 erlcanpnrelt sites that will be serviced regularly for prevention and proper disposa of400 pounds ofgarbage. Recipielt Taqk Coordlnator: Jesse Cox Homeless Encampment Responsc Deliverables Number Description Due Date 2.1 Task Expected oulcomes are the deliverables and achieved incrementally the biennium. Ternplate Version I 2/ I 0 12020 Docu.$ign Envelope lD: 46F056EF-7F9D-4D94-ACDA_320.1 3079BD9C S(ate ofwashington Departtnent of Ecology Agreernerlt No: SWMLSWFA-2023_KiCpt{D-00145 Pro.iect Title: SWE Kirritas pHD Rccipient Nalne: KIT].IIAS coUNTY PUI]TJC HEALI.II DEPARTMEN,I- BUDGET Funding Distribution EG230390 ?age 10 of 27 NOTE: The above funding distribtttion nr,mber i.r n.secl to identify this specifi.c agreet?tent and budget on payment remittances and may be referenced on other comnrunicqtions ft'om ECoLoGy. yota.agreernent mqy hatte multiple funding distribution ttumbers to identi/y eoch budget. Funding Title: Funding Effective Date Funding Source: Title: SWE Kittitas FH 07t01/2023 Funding Type: Funding Expiration Date: Grant 06/301202s Fund: Type: Funding Source 7o; l)escription: Model Toxics Control Operating Account (MTCOA) FD State 100% Local Solid Waste Financial Assistance Approved Indirect costs Rate: approved state Indir.ect Rate: 30% Recipient Matcho/o: 25o InKind Interlocal Allowed: IJo Inl(ind Other Allowed: lJo Is this Funding Distribution used to match + federal grant? No Total: $ 127,741.33 SWE Kittitas PH Task Total Solid Waste Enforcement $ 102,"74r.33 Homeless Encanrpnrent Response 25,000.00 Terrplate Version l2l | 0n020 DocuSign Envelope lD: 46F056EF-7F9D-4D94-ACDA-3201 30798D9C State of Washington Departlneot of Ecology Agreement No: SWMLSWFA-2021-KiCp.JD_O0145 Pro.i€ct Title: SWE Kittitas pt-tD Recipient Narne: KITTITAS COUNTY pUE LIC HEALT I,t DEPARTMENT Pagc I I ol22 Fr ndins Distrillptipn sunrnra ry Recipient / Ecology Share AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS If the scope of this Agreernent includes rer;ycling activity uranaged or performed by the RECIpIENT at a recycling center (suchas a transfet'station or drop box location) 'tt' othet locations, ECOLOGY will not reimburse disposal costs for materialscollected or advettised as collected fol rerycling/r'euse or malketed for recycling/reuse under this Agreenent, unless approvedin writing by ECoLoGY' RECIPIENT m-rst immediately riotify ECoLoGy when the RECIPIENT becomes aware thatdisposal of materials occurted or may occnt due to the malket conditions for recycled/reused materiais. ECoLoGy may denynew costs or t'equire repayment of costs aFeady reinrbursed ol' rernove the task lrom the Agreement or ter.rninate theAgreenrent. ECoLoGY's solid waste Management (swM) plogram will irnplement a reporting assessment for all RECIpIENTs ofgrants adrn inistered through the SWM pl'ogranr . The assessment determines the RECIpIENT r.eporling level requiredthloughout the biennium, If RECIPIENT adrninistrative perfo*ance or changes in pr.oject circumstances tr.igger areassessment' RECIPIENT will be notifiei of any changes to adrninistrative requirements. RECIPIENT shall update the spending Plar and outcomes Data collection form at least quarterly, The Spending plau andoutcomes Data collection form urust be cc'mpleted concurrent with the subrnittar of each payment Request/progress Report.RECIPIENT shall report outcolnes in a nra-'rner consistent with instructions in the Local solid waste Financial Assistanceguidelines. RECIPIENT must submit within thirry (30' days after the expiration date of this Agreernent, all financial (including paylnentrequests)' perfonnance, and other report.s requit'ed by this Agreernent. ECoLoGy shall have the right to deny reimbursementof payment requests received after.this date. GENERAL FEDERAL CONDITIONS lf a portion or all of the filnds for this agleement are providecl thl'ough federar funding sources or this agreement isused to match a federar grant award, the foilowing terms and conditio's appry to you. EXCLU$IQN: Funding Distribution Name R.ecipient Match %o Recipient Share Ecology Share Total SWE Kirtitas pH 25.A0 %$31,935.33 $ 95,806.00 $ 127 ,7 41 .33 Total $31,935.33 $ 95,806.00 s 127,741,33 I ' The RECIPIENT/CONTRACTOR. by signing this agreement, certifies that it is not suspended, debarred, proposed for Tenrplate Versiorr I 2ll 0/2020 DocuSign Envelope lD: 46F0b6EF-7F9D-4D94-ACDA-3201 3O79BD9C State ofWashington Department of Ecology Agrcernent No: SWMLSWFA-2023-KiCPH)_00145 Pro.iect Tirle: SWE Kitritas pHD Recipient Narre: KITTITAS COUNTY PUBUC HEALTH DEPARTMENT Poge 12 tf22 debarment, declared inetigible or otherwise excluded from contracting with the feder.al goverrunent, or from receiving contracts paid for with federal funjs. If the RECIPIENT/CONTRACTOR is unable to certiry to the statements contained in the ccrtification, they nrust provide an explanation as to why they cannot, 2^ The RECIPIENT/CONTRACToII shall provide irnmediate written notice to ECoLoGy if at any time the RECIPIENT/CONTRACToR learns that its certification was en'oneous when submitted or had become erroneous byreason of changed circumstances. 3' The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,prirnaty covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning setout in the Definitions and covemge sections of rules implementing Executive orcler 12549. you may contactECOLOGY for assistance in obtairing a copy of those regulations.4' The RECIPIENTiCONTRACTOR. agrees it shall not knowingly enter into any lower tier covered transaction with aperson who is proposed fo| debament under the applicable code of Federal Regulations, debared, suspended,declared ineligible, or voluntarily excluded fi'orn participation in this oovered transaction.5' The RECIPIENT/CONTRACTOR further agrees by signing this agreernent, that it will include this clause titled..CERTIFICATION RECARDING SUSPENSION, DEBARMENT, INELIGIBILITYOR VOLTTNTARYEXCLUSIoN" without modificati'rn in all lower tier covered transactions and in all solicitations for lower tier coveredtransactions, 6' Pursuant to 2cFRl80'330, the RECIPIENT/CONTMCToR is lesponsible for ensuring that any lower tier coveredtransaction complies with certification of suspensiorr and debarrnent requirements.7' RECIPIENTiCONTRACToR ackrowledges that failing to disclose the information required in the code of Feder.alRegulations may result in the delay or negation of this funding agreement, ol' pursuance of legal remedies, includingsuspension and debarment. 8' RECIPIENT/CONTRACToR agrees to keep proof in its agreement file, that it, and all lower tier recipients orcontractors, are not suspended or debarred, and will rnake this proof available to ECoLoGy before requests forreirnbursements willbe approved for payrnent. RECTPIENT/CONTRACroR must run a search irr<http://www'sam'gov> and print a ;opy of completed searches to document proof of cornpliance. REOUIREMENTS: CONTRACTOR/RECIPIENT rnusl complete the FFATA Data collection Form (ECy 070-395) and retum it with thesigned agleement to ECOI.OGy. Any coNTRACTOR/RECIprENTihat meets each of the crireria berow must reporl contpensation for its fivetop executives using the FFATA Da:a Collection Form Receives rnore than $30,000 in federal funcls under this award. Receives more than 80 percent ofits annuar gross revenues from federar funds. Receives rnore than $25,000,000 in annual federal funds, Ecology will not pay any invoices until it has received a completecl and signed FFATA Data collection Fonn, Ecology isrequi'cd to report the FFATA infonnatio;r for federally fundecl ag'eements, including the required unique Entity Identifier inwww'q0ut'gov <http;//www'sam,g.c.rv/> within 30 days of agreement signature. The FFATA information will be available tothe public at . For rnore details on FFATA requi'elrrents, see lyrvw.fsrs:gov <htrp://wwrv.ftrs.q9v/;., Ternplate Version l2l I 0/2020 Docuqign Envelope lD: 46F056EF-7F9D-4D94-ACDA*3201 30798D9C State of Washington Depanment of Ecology Agreement No: SWMLSWFA-2023-KiCPHD-00145 Proiect Title: SWE Kittitas pHD RecipientNarne: KITTITASCOUNTYPUBLICIJEALTHDEPARTMENT Page 13 ol 22 $ I1RVICFJS OR EOU IPMENT: As required by 2 cFR 200'216, fedelal grant or loan recipients and subrecipients are prchibited fi.om obligating or expending loan or grant funds to: l. Procure or obtain; 2. Extend or renew a contract to prrlcure or obtain; or 3' Enter into a contract (or extend c'r renew a contract) to plocure or obtain equipment, services, or systems that use covered telecotnmunications 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 1 I 5-232 @, section 889, covered telecommunications equipntent ir telecommunications equipment produced by Huawei Technologies Company or zTE Corporation (or any subsidiary o_- affiliate of such entities), Recipients, subrecipients, and borrowers rlso may not use federal funds to purchase certain prohibited equipment, systems, orservices, including equipment, systems, q'services produced or provided by entities identified in section gg9, are recorded in the slrsten forAivard Manqsemcnl(@ exclusion list. Ternplate Version l2l I 0/2020 DocuS{gn Envelope lD: 46F056EF-7F9D-4D94-ACDA-B201 30798D9C Slate r:f Washington Departlneut of Ecology Agreerirerrt No: swMl-swFA-2023-Kic}'l,tD-00145 Pro.ject Title: SWE Kittj(as pt ID Recipieut Name: l(TTftAS COUNTY PUBLIC HEALTII DEpAI{f MENT P^Ee l4 of22 GENERAL TERMS AND CONDITI0'NS Pertaining to Grant and Loflu Agreements With the state of washington, Department of Ecology GENERAL TERMS AND CONDITION ] For DEPARTMENT OF ECOLOGY CRANTS anct LOANS 0110112023 Version 1, ADMINJSTRATIVE REQUIREMEN'I'S a) RECIPIENT shall follow the "Administt'ative Requirements for Reoipients of Ecology Grants and Loans - EAGI, tjdition,,,(https:i/fort.ess,wa,gov/ecy/publications/surnmarypages/2301002.htm1) b) RECIPIENT shall complete all activit es funded by this Agreeurent and be fully responsible for the proper rnanagement of allftlnds and resources made available under this Agreement. c) RECIPIENT agrees to take complete r:sponsibility fol all actions taken under.this Agreement, including ensuring all sttbgrantees and contractors comply with he tenns and conditious of this Agreeuent. ECoLoGy reserves the right to requestproof of cornpliance by subgrantees and cnntractor.s. d) RECIPIENT's activities unde| this Ag'eement shall be subject to the review and approval by ECoLoGy for the extent andchalacter ofall wolk and services. 2, AMENDMENTS AND MODIF.CATIONS This Agt'eement rnay be altered, autended or waived only by a written arnendment executed by both parties. No subsequentmodification(s) or amendment(s) of this Agreetnent will be of any folce or effect unless in writing and signed by authorizedrepresentatives of both parties' ECOLOGY and the RECIPIENT may change their lespective staff contacts and administrativeinformation without the concurrence of eirher.parly. 3' ACCESSIBILITYREQUIREMENTSFORCOVERED]'ECFINOLOGY The RECIPIENT Inust comply with the sashington state office of the chief Infonnation officer, oclo policy no. I gg, Accessibility (https://ocio,wa'gov/policy/ncessibility) as it relates to "covered technology.', This r.equirement applies to allproducts sLrpplied under the Agreenrelrt, providing eclual access to information teclnology by inilividuals with disabilities,including arrd not limited to web sites/pages, web-based applications" software systerns, video and audio content, and electronic docuntents intended for publishing on Ecology,s public web site. 4. ARCHAEOLOGICAL AND CULTUP.AL RESOURCES RIcIPIENT shall take all reasonable acticn to avoid, minimize, or mitigate adverse effects to ar.chaeological and histor.ic archaeological sitcs, historic buildings/sttuctuLes, traditional cultural places, sacr.ed sites, or othel cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harnrless ECOLOGY in relation to any claim related to cultural Resources discovered, disturbed, or damaged due to the RECIpiENT's project funded uncler this Agr.eement. RECIPIENT shall: a) contact thc ECoLOGY Program issuing the grant or loan to discuss any cultural Resour.ces r.equirements for their project:' cultural Resoutce consultation and Rer iew should be initiated early in the project planning process and must be cornpletedprior to experrditure ofAgreernent funds as required by applicable State aud Federal requirernents.* For state funded construction, dernolitior, ot' land acquisitions, comply with Governor Executive or.der 2 t -02, Archaeological and Cultulal Resources. Ternplate Version 1 2/ I 0/2020 Docuqign Envelope lD: 46F056EF-7F9D-4D94-ACDA-B201 30798D9C Stat€ olWashington Departtnent of Ec0logy Agreenrent No: SWMLSWFA-2O21_KiCpHD_00145 Project Title: SWE Ki[iras pHD Recipient Name: KITTITAS COUN].Y PUBL.C HEALTH DEPARTMEN.I. P^ge 15 of 22 ' Fo[ projects with any fedelal involvemert, comply with the National ]listoric preservation Act of 1966 (Section 106).b) If requircd by the ECOLOGY Pt'ograur, subnrit an Inadvertent Discovery plan (IDp) to ECoLoGy prior to irnplementingany project that involves field activities. ECoLocy will provide the lDp for'r. RECIPIENT shall; . I(eep the IDP at the project site. ' Make the IDP'eadily available to anyone working at the proiect site. ' Discuss the IDP with stafq volunteers, and cont'actor.s working at the project site. ' Implemcnt the IDP when Cultural Resources or hurnan remains are found at the pr.oject site, c) If any Cultural Resoul'ces are found while conducting work under this Agreerrrent, follow the pr.otocol outljned in the project IDP. ' Intmediately stop work and notif' the ECOLoGY Program, who wili notifi the Departrnent ofArchaeology and Flistoric Prcse.vation at (360) 586-3065, any affectec Tr.ibe, ancl the local gove'rmert. d) Ifanyhumanretnainsarefoundwlrilecondr"rctingworkundelthisAgreernent,followtheprotocoloutlinedintheproject IDP. ' Immediately stop work and notifl' the locll Law Enfolcement Agency or Medical Exarniner/coroner,s office, the Depattmettt ofAfchaeology and Ilistoric Prcse|vation at (360) 790-1633,and then the ECoLoGy program. e) Comply with RCW 27.53, RCw 27 '44, and, RCw 68,50.6 45, and,all othel appticable local, state, and federal lawsprotecting Cultural Resources and hurnan remains. 5. ASSICNMENT No riglrt or claiur of the RECIPIENT arisin5: under this Agreement shall be transfen.ed or assigned by the RECIpIENT. 6. COMMLTNICATION RECIPIENT shall make evety effo$ to rnair-tain effective conrmunications with the RECIpIENT,s designees, ECoLoGy, allaffected local, state, or federal ju.isdictions, and any interested i'dividuals or.groups. 7. COMPENSAIION a) Any work perfonned plior to eff'ective dete of this Agleernent will be at the sole expense and risk of the RECIpIENT.ECOLOGY must sign tbe Ag'eement befbre any paylnent requests can be submitted. b) Payrnents will be tnade on a reitrbursable basis for apploved and conrpleted wor.k as specified in this Agreement.c) RECIPIENT is responsible to determine if costs are eligible. Any questions legarding eligibility should be clarified withECOLOGY prior to incuffing costs. costs that ale conditionally eligible require approval by ECoLoGy prior to expenditure.d) RECIPIENT shall not invoice tnole than rnce per month unless agr.eed on by ECOLOGy, e) ECOLoGY will not process paylnent reqrests rvithout the propel reirnbursement forrns, progress Report and supportingdocumentation. ECOLOGY will provide instluctions for submitting payprent requests. D ECOLOGY will pay the RECIPIENT thirT (30) days after leceipt of a properly completed request for payment.g) RECIPIENT will receivs payment thLough washington state's office of Financial Managenrent,s statewide payee Desk. To receive payrnent you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS w-9form at wcbsite, https://ofin'wa.gov/it-systerns/statewirle-vendorpayee-services, If you have questions about the vendorregistration pl'ocess, you can contact statewi,Je Payee Help Desk at (360) 407-8180 or email payeeRegistr.ation@ofrn.wa.gov. h) ECOLOGY tnay, at its sole discretion, wihhold payrnents claimed by the RECIpIENT if the RECIPIENT fails to satisfactorily cornply with any term or condition of this Agreement. i) Monies withheld by ECoLoGY rnay be paid to the RECIPIENT when the worl< described herein, or a portion thereof, hasbeen cotrrpleted if, at ECoLoGY's sole discr:tion, such payment is reasonable and approved according to this Agreement, asapplopriate, ot' upon completion of an audit m specified herein. Tenrplate Version 1 2/ I 012020 Docuqign Envelope lD: 46F0S6EF-7F9D-4D94-ACDA€201 30798D9C Sta[e olWashington Departrnent of Ecology Agreerlent No: SWMLSWFA-2023_KiCFHD-00145 Pro.ject Titie: SWE Kittitas plJD Recipienl NaIne: KITTITAS CoUNTY PU3L,IC I{EAL].H DEPARTMENT Page 16 of22 i) RECIPIENT ntust subrnit within thiq' (30) days after the expiration date of this Agreement, all financial, performance, andother rcpofts required by this Agreement Failure to comply may result in delayed reimbursement, 8. COMPLIANCE WITHALL LAWS RECIPIENT agrees to comply fully with all applicable lederal, state and local laws, orders, r.egulations, and permits related tothis Agleernent, including but not linritei to: a) RECIPIENT aglees to comply wit]r all applicable laws, regulatious, and policies of the t;nited States and the State ofWashington which affect wages ancl.lob safety. b) RECIPIEN'r agrees to be bound by all applicable federal and state laws, r'egulatiorrs, and policies against dis*iminatio..c) RECIPIENT certifies full compliance with all applicable state industrial insur.ance requirements. d) RECIPIENT agrees to secure aud pro ride assuralrce to ECoLOGY that all the necessary approvals and permits requiredby authorities having jurisdiction over the project are obtainecl. RECIPIENT must irrclude time in their. pr.oject timeline for. thepermit and approval processes. ECOLOGY shall have the right to immeciately tenrrinate for cause this Agreerrent as provided herein if the RECIPIENT fails tocomply with above requirernerrts. If any provision of this Agreetnent violates any statute or lule of law of the state of washingion, it is considered modified toconform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECoLoGY agree that any officer, metnber, agent, ol employee, who exercises any function or responsibilityin the revicw, approval, or carrying out oithis Agleeurent, shall not have any personal or financial interest, direct or.indirect, noraffect the interest of any corporation, parlnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. IO. CONTRACTINGFORGOODSANDSERVICES RECIPIENT may colltract to buy gooils u'services related to its perfbrnrance under this Agreement. RECIpIENT shall awardall contracts fol'const|uction, purchase ofgoods, equipnrent, services, ancl professional ar.chitectural and engineer.ing servicesthroughacorrrpetitivepl'ocess,ifrequileclbystatelaw. REClplENTisr.equiredtofollowprocurementproceduresthatensure legal, fair, and open competition. RECIPIENT must have a standard proctlr-ment process or follow current state proculernent procedur.es. RECIpIEN.I. rnay bereqtrircd to provide written certification that they have followed their standard procurernent procedures and applicable state lawin awarding contracts under.this Agreernert. ECOLOGY reserves the right to inspect ard request copies of all procurement documentation, and review procurernent practices related to this Agreement, Any costs incured as a result of plocurement practices not in compliance with staieprocurement law or the RECIPIENT's normal procedules may be disallowed at ECoLoGy,s sole cliscretion. 1I. DISPUTES when there is a dispute with regarcl to the extent ancl charactel of the work, or any other matter related to this Agreement thedetelnr ination of ECOLoGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided l.or.below: a) RECiPIENT notifies the funding progr?rx of an appeal request, b) Appeal request must be in wr.iting and itate the disputed issue(s). c) RECIPIENT has the opportunity to be reald and oflbr evidence in support of its appeal d) ECOLOGY reviews the RECIpIENT's appeal. e) ECOLoGY setrds a written answer witrin ten (10) business days, unless more time is needed, after concluding the review Template Yersion I 2l I 012020 DocuSiign Envelope lD: 46F056EF-7F9D-4D94-ACDA€201 3079BDgC Stal.e o I' Waslritrgton Departrnent of Ecology Agreenent No: SWMLSWFA-2023-KiCPFID-00145 Pro_ject Title: ,SWE Kittitas pHD Recipient Nanre: KITTrIAS COUNTY PUBUC {.IEALTH DEPARTMENT Page 17 ol 22 The decision of ECoLocY front an appeal will be final and conclusive, unless within thirty (30) days fi.orn the date of such decision, thc RECIPIENT furnishes to the Director of ECoLOGY a wlitten appeal. The decision of the Director or duly authorized representative will be final and tonclusive. The parties agree that this dispute process'.vill precede any action in a judicial or.quasi-judicial tribunal. Appeals of the Director's decision will be trought in the Supeliol Court of Thr"u'ston County. Review of the Director's decisionwill not be taken to Envir.onmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to ploceed diligently with the pelfolnrance of thisAgreement and in acaordance with the decision rendered. Nothing in this Agreernent will be consh'ued to linrit the parties'choice of anothel mutually acceptable method, in addition to the dispute reso]r-rtion procednr.e outlined abov:. 12, ENVIRONMENTALDATAS'TA}.IDARDS a) RECIPIENT shall prepare a Quality Assurauce Project Plan (QAPP) fbl a pro.ject that collects or uses environmental measurelnent data' RECIPIENTS unstu'e about whethel a QAPP is required for theil plo.ject shall contact the ECOLoGy Prog'arn issuing the g'ant or loan, rf a eApp is required, trre RECIpTENT siralr: ' use ECOLOGY's QAPP Template/chec<list plovided by the ECoLocy, unless ECoLoGy eualify Assurance (eA)officer ol the Program eA coordinator instiucts otherwise. ' Follow ECoLoGY's Guidelines for Preparing Quality Assurance Project plans fbr Envir.onmental Studies, July 2004(Ecology Publication No. 04-03-030). ' subniit the QAPP to ECoLOGY 1'or reviarv and approval befor.e the start of the work. b) RECIPIENT shall subrnit envit'onmental data that was collected on a ploject to ECoLoGy using the FlnvironmentalInlonttation Mauagettrent systern (EIM), unless the ECoLOGY Pr.ogranr instructs other.wise. The RECIpIENT must confir.rnwith ECOLOGY that cornplete and cot'rect data was successfully loaded into EIM, find instructions at: http://www. ecy.wa. gov/eim. c) RECIPIENT shall follow ECoLoGY's clata standards wheu Geograpliic Information System (GIS) data is collected anclprocessed' Guidelines for creating and Accessing GIS Data ar.e availabre at: https://ecology'wa'gov/Research-Data/Data-resources/Geographic-hrfornration-systems-GIS/standards. RECIpIENT, whent'equested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw datacollection files, 'rap products, ancr alr rneta,lata arrd project documentation. I3. GOVERNINC LAW 'lhisAgreemcnt will be govemed by the larvs of the state oFwashington, anci tlie venue of any action brought hereunder.will bein the Superior Coult of Thur.ston County. 14, INDEMNIFICATION ECOLOGY will in no way be held responstble for payment of salaries, consultant's fees, and other costs related to the pro.iect described herein, except as provided in the Scope of Work.'lo the extent that the constitution and laws of the State olwashington permit, each party will indemniS, and hold tlre otherhannless fi'orn and against any Iiability fot any ol all injuries to persons or pl'operty arising from the negligent act or omission ofthat paffy or that party's agents or employees arising out ofthis Agree'rent. 15. INDEPENDENT STATTJS The employees, volunteers, or agents of each party who are engaged in the pe[forrnance of this Agreement will continue to beemployees, volunteers, or agents ofthat patty and will not fol any purpose be eniployees, volunteers, or agents ofthe otherparty. Template Version | 2/ I 0/202A DocuSign Envelope !D: 46F056EF-7FgD-4D94-ACDA-3201 30798D9C State of Washington Depsrttnent ol Ecology Agreernent No: SWMLSWFA-2023-t(iCpHD-00145 Project Title: SWE Kittitas pFlD Recipieut Nanre: KTTTITAS COUNTY PUBUC LEALTI{ DEPARTMENT Page I 8 of22 I6, KICI(BACKS RECIPIENT is prohibited from inducing by any nteans any pel'son employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to ol receive auy fee, conmissioll, or gift in retul. for award of a subcorltract hereundet., 17. MINORITYAND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit aud recruit, to the extent possib[e, certified minority-owned (MBE) and women-owned(wBE) businesses in purchases and contrrcts initiated under this Agr.eernent. Contract awatds or rejeotions cannot be mlde based on MWBE participation; however, the RECIpIENT is encou|aged to take the following actions, when possible, in any pLocurernent under this Agrcernent: a) Include qualified mino|ily and women'l businesses on solicitation lists whenever-they are pote.tial sources of goods or services. b) Divide the total requiretnents, when eclnornically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women,s busine;ses. c) Establish delivery schedules, where wc,t'k l'equil'elnents permit, which will encourage participatio' of qualified mirror.ity andwornen's businesses. d) Use the services and assistance of the rvashington state office of Minority and women's Business Enterprises (oMwBE) (866-208-1064) and the office of Minorit',, Business Enterprises of the u.s. Department of commerce, as appropriate. 18. ORDEROFPRECEDENCE In the event of inconsistency in this Ag|eertelrt, unless otherwise provided herein, the inconsistency shall be resolved by givingprecedenceinthefollowingot'der: (a)applicablefederalandstatestatutesandregulations;(b)TheAgreement;(c)Scopeof work; (d) Special Tetms and Conditions; '.e) Any plovisions 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 Terurs and Conditions. 19. PRESENTATION AND PROMC'].IONAL MATERIALS ECOLOGY resel'ves the right to approve RECIPIENT's cotnmunication documents and materials related to the fulfillment ofthis Agreement: a) If lequested, RECIPIENT shall provid: a draft copy to ECoLocY for review and approval ten (10) business days prior toploduction and distribution, b) RECIPIENT shall include tirne for ECOLoGY's review and approval process in their project timeline, c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic oopy of any tangible products developed. copies include any printed t'naterials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, cut'riculutn, posters, tneclia announcamsnts, or gadgets with a message, such as a refrigerator magnet, and any online couttnunications' such as web pages, blogs, and twitter campaigns. If it is not pr.actical to provide a copy, then tlieRECIPIENT shall provide a description (photographs, clrawings, printouts, etc.) that best r.epresents the item. Any comntunications intended for public distribution that uses ECoLoGy's logo shall comply with ECoLoGy,s graphic requirements and any additional lequileff.ents specified in this Agreernent. Before the use of ECOLOGy,s logo contact ECOLOCY fol guidelines. RECIPIENT shali acknowledge in the comrnunications that funding was provided by ECOLOGy, 20, PROGRESS REPORTINC Terrrplate Version 1 2l I 012020 Docu,qign Envelope lD: 46F056EF-7FgD-4D94-ACDA-3201 30798D9C State of Washington Department of'Ecology Agreenrent No; SWMLSWF -2023-KiCp,lD-00145 Pro.ject Title: SWE Kitritas pHD Recipient Nanre: KITTITAS COUNTY pUE LtC HEALTH DEPARTMF.NT Page 19 o{22 a) RECIPIENT must satisfactorily cletnorstrate the timely use of funds by sr.rbmittirrg payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to ametrd or tel'minate this Agreement if the RECIpIENT cloes not document timely use of funds, b) RECIPIENT must submit a progress report with each payrnent request. Payment requests will not be processed without a progress report. ECoLoGY will define rhe elements and fi.equency of progress reports, c) RECIPTENT shall use ECoLoGy's p'ovided p'ogress repoft format. d) Quarterlyprogressrepottswill covertheperiodsfi'omJanuarylthroughMarch3l,April lthroughJune30,Julylthrough September 30, and october I through Delember 31. Reports shall be submitted within thirty (30) days after the end of tbcquarter beirrg reported. e) RECIPIENT r:rust submit within thirt' (30) days of the expiration date of the project, unless an extension has been approve6 by ECOLoGY, all financial, performance, and othel repofis required by the Agreement and funding progran guidelines. RECIPIENT shall use the ECoLocy p'ovided closeout r.eport format. 21, PROPERTY RIGHTS a) copyrights and Patents, wren the RECIPIENT ueates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECoLoGy retains a royalty fi.ee, nonexclusive, and inevocable license to rept'oduce, publish, recover, or otherwise use thc material(s) or propelty, and to authorize others to use the sarne for fcder.al, state, oL local gcvernment purposes. b) Publications' When the RECIPIENT or persons employed by the RECIPIENT use or.publish EcoLoGy infor.rnation; present papers, lectures, or semitrat's invciving irrfonnation supplied by ECoLoGy; or use lggos, reports, rraps, or other datain printed rcpoils, signs, brochuros, pamphlets, etc,, appl'opriate 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 ,Lgreement, in ariy nlallnel ECoLoGy deems appropriate. ECoLoGy shall acknowledge ths RECIPIENT as the sole copyright owner in evely use ol leproduction of the materials.d) Tangible Property Rights. ECoLoGY's current eclition of "Administrative Requir.ements for Recipients of Ecology Grantsand Loans," shall control the use and disposition of all real and personal property purchased wholly or in paft with funds furnished by ECOLoGY in the absence cf state and lederal statutes, regulations, orpolicies to the contrary, or upon specificinstructions with respect ther.eto in this Agreernenl_. e) Personal Properfy Furnished by ECoLOGY. when ECOLOGY provides personal property directly to the RECIpIENT for use in pelformance of the ptoject, it shall be returned to ECOLOGY plior to final payment by ECOLoGy. If said prope$yis lost, stolen, or damaged while in the RECIPIENT's possession, then ECoLoGy shall be rejmbursed in cash or by setoffbythe RECIPIENT for the fair market value of such propeil.y. f; AcquisitionProjects. Thefollowingpiovisionsshall apptyiftheprojectcoveredbythisAgreementjncludesfundsforthe acquisition of land or facilities: l ' RECIPIENT shall establish that the ccst is fair value and reasonable prior to disbursement of funds pr.ovided for in thisAgleoment. 2' RECIPIENT shall provide satisfactory evidence of title or abilify to acquire title fbr each parcel prior to disbursement offutrds provided by this Agreement. such evidence may include title insurance policies, Tonens certificates, or abstracts, and attorney's opinions establishing that the land is fi'ee fi'om any impeclirnent, [ien, ol clairn which would impair.the uses intended bythis Agreement. g) Conversions. Regardless of the Agt'ee ment expilation date, the RECIPIENT shall not at any time convert any equipment,propefty, or faciliry acquired or developed undet this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. such approval rnay be conditioned upon payment to ECoLoGy of that portion ofthe proceeds ofthe sale, lease, or other conversion or encumbrance which rnonies granted pursuant to this Agreetnent beal to the total acquisition, purchase, or construction costs ofsuch property. Ternplate Version I 2l I 012020 Docu$,ign Envelope lD: 46F056EF-7F9D-4D94-ACDA_B201 3O79BD9C State of Wsshington Departlnenr of Ecology Agreernent No: SWMLSWFA-2023-I(iCPHD-00145 Project Title; SWE Kittitas pHD Recipient Name: KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT Pagc 20 of 22 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall rnaintain complote pl'ogranr and financial records relating to this Agreement, including any engineeringdocurnentation and field inspection 'epolts of all co'str.uction work accomplished. AII records shall; a) Be kept in a manner which provides an audit trail for ail expenditures, b) Be kept in a commou file to facilitate audits ancl inspections. c) clearly indicate total receipts and expenditur.es related to this Agreem enr. d) Be operr fol audit or inspection by ECoLoGY, or by any duiy authorized audit representative of the State of washington,for a period ofat least three (3) years after the final grant paynlent or loan repayment, or any dispute resolution hereunder.RECIPIENTshall provide clarification ald rnake necessary adjustrnents if any audits or inspections identify discrepancies in therecords. ECOLOGY reserves thc riglrt to audit' or have a designated thircl palty audit, applicable reoor.ds to ensure that the state hasbeen properly invoiced' Any rernedies and penalties allowed by law to fecover monies determined owed will be enforced,Repetitive instances of incotrect invoicirg or inadequate records rnay be considered cause for temlination.All work performed under this Agreemer-t and any property and equiprnent purchased shall be mads available to ECoLoGyand to any authorized state, fedelal or local representative fol inspcction at any time dur.ing the course of this Agreement and forat least tluee (3) years following grant or loan terminatiol or dispute resolution hereunder. RECIPIENT shall provide right of acces:' to ECoLoGY, or any other authorized representative, at all reasonable times, inordel to monitor and evalitate pet'fol'mance, cornpliance, and any other. conditions under this Agreement, 23. RECOVERYOFFUNDS The right of the RECIPIENT to retain monies received as reimbulsenrent payments is contingent upon satisfactory performanceof this Agreement and conrpletion of tlie work described in the Scope oIwork.All payntents to the RECIPIENT ate sub-ect to approval and auclit by ECoLoGy, and any unauthorized expenditure(s) orunallowable cost charged to this Ag|eement shall be refunded to ECoLoGy by the RECIpIENT.RECIPIENT shall refi'rnd to ECoLoGY -he fulI arnount of any e''oneous payment or ovcrpayment under tlris Agreement.RECIPIENT shall refund by check payatle to ECoLoGY the amount of any such reduction of payments or repayments withinthirry (30) days of a wriften notice' Interest will acc*re at the rate of twelve pelrcent (12%) peryea. ftonr the time ECoLoGydemands repayment of funds. Any properfy acquiled under this Agreenient, at the option of ECoLoGy, may becorne ECOLOGy,s property and theRECIPIENT's liability to repay morties will be'educed by an amount reflecting the fair value of such property, 24. SEVERABILITY If any plovision ofthis Agreetnent or any provision of any docurnent incorporated by reference shall be held invalid , suchinvalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and tothis end the provisions ofthis Agreenrent are declared to be severabre.25, STATE ENVIRONMENTAL PC)LICYACT (SEPA) RECIPIENT must deuronstrate to ECoLocY's satisfaction that compliance with the requirements of the State EnvirorunentalPolicy Act (chapter 43'2lc RCW arrd chapter 197- I I wAC) have bcen or will be met, Any reimbursements are subject tothis provision. 26, SUSPENSION when in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or anyportion thereof for a temporary period by written notice frorn ECoLoGy to thc RECIpIENT. RECIPIENT shall resumeperformance on the uext business day following the suspension period unless another.day is specified by ECoLoGy.Template Yersion I 2I I OI2020 DocuGign Envelope lD: 46F056EF-7FgD-4D94-ACDA,8201 30798D9C State of Washington Departtnentof Ecolog,y Agreement No: SWMLSWFA-2023-KiCPiJD-00145 Proicct Title: SWE Kittitas pHD Recipierrt Narne: KITT|IAS COUNTY pUELIC HEAUIH DEPARTMENT Page2l o{?2 27, SUSTAINABLEPRACT]CES In order to sustain Washington's llatural l?sources and ecosystems, the RECIpIENT is fully encouraged to implement sustainable practices and to purchase euv'roumentally preferable products undst this Agleement. a) Sustainable practices ntay include sr'rch activities as: use of clean enel'gy, use of double-sided pr.inting, hosting low irnpact lneetings, and setting up recycling and cunposting progralls. b) Purchasing may include such items as: sustainably produced products and services, EpEAT registered computers and imaging equipnrent, independently certifi=d green cleaning products, r'erranufactured toner cartridges, products with r.educedpackaging, office products that are refillarle, rechargeable, and recyclable , ll}yopost-consumer recycled paper, and toxic freeploducts. For rnorre suggestions vjsit ECOLOGy's web page, Green purchasing, https://ecology'wa.gov/Regulations-Perru its/Guidance-teclraical-assistance/Sustainable-purchasing, 28, TERMINATION a) For Cause ECoLOGY rnay terminate for cause this,\greement with a seven (7) calendar days prior written notification to the RECIPIENT, at the solc discretion of ECOLOGY, for failing to perfom an Agreernent requirement or for a material breach ofanytermorconditiorr' IfthisAgreementissoterminated,thepartiesshall beliableonlyforperformancer.enderedorcosts incurred in accordatlce with the terms of tris Agreement prior.to the effective date of termination. Failure to commence work' ECoLoGY reserves the right to tel'lninate this Agreement if RECIPIENT fails to cornmence workon the project funded within four (4) months after the effective date of this Agreernent, or by any date mutually agreed upon inwtiting for commencetnent of work, o| the time period defined within the Scope of Work. Non-Perfonnance' The obligation of ECCIOGY to the RECIPIENT is contingent upon satisfactory performance by theRECIPIENT of all of its obligations under this Agreernent. [n the evenr the RECIpIENT unjustifiably fails, i' the opinion ofECoLOGY, to perform any obligation required of it by this Agreenrent, ECoLoGy may refuse to pay any further. funds,terminate in whole or in part this Agreeme nt, and exercise any other.riglrts under.thisAgreement, Despite the above, the RECIPIENT shall not be relieved of any liability to ECoLoGy for damages sustained by ECoLoGyand the state of washington because of any breach of this Agreernent by the RECIpIENT. ECoLocy may withhold payments for the purpose of setoff until such time as the exact amount of clarnages due ECoLoGy from the RECIpIENT isdetermined. b) For Convenience ECOLOGY may termiriate for convenience this Agt'eement, i' whole or in par1, for any reason when it is the best interest ofECOLOGY, with a thirty (30) calendar days priol wlitten notificarion to the RECIpIENT, except as noted below. If thisAgreement is so terrninated, tl.re parties shall be liable only for perfolmance rendered or costs incurred in accordance with theterms of this Agreement prior to the effect ve date of ter.mination. Non-Allocation of Funds' ECOLoGY's abilify to rrake payments is contingent on availability of funding. In the event fundingfrom state, federal or other sources is withJrawn, reduced, or lirnited in any way after the effbctive date and prior to thecompletion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Ag'eement, inwhole or paft, or renegotiate the Agreemerrt, subject to new funding linritations or conditions, ECoLoGy may also elect to suspend performance of the Agreernent uuil ECOLOGY detennines the funding insufficiency is resolved. EColoGy mayexercise any of these options with no notification or restrictions, although ECoLoGy will make a reasonable attempt to provide notice. In the event of ternrination or suspension, lcoLoGY will reimburse eligible costs incurred by the RECIpIENT tlrr.ough theeffective date of termination or suspensiott' Reirnbursed costs rnust be agleed to by ECoLoGy a'd the RECIpIENT. h no Ternplate Version I 2/ I 012020 Slocu.4ign Envelope lD: 46F056EF-7F9D-4D94-ACDA-8201 3079BDSC State of Washington Departtnent of Ecology Agreenrent No: SWMLSWFA-2023-KiCFI{D-00145 Project Title: SWE Kittitas pHD Recipient Narne: KITTTTAS COUNTY PUBLIC HFTALTH DEPARTMENT End of General Terms and Conditions Page 22 of 22 evcnt shall ECOLoGY's reimbursement exceed ECoLoGY's total responsibiiity under the Agreernent and any amendments. If payments have been discontinued by ECoLoGY due to unavaiiable ftrnds, the RECIpIENT shall not be obligated to repay monies which had been paid to the RECIpIENT prior to such tenni'ation. RECIPIENT's obligation to continue or eotnplete the work described in this Agreement shall be contingent upon availability oftunds by the RECIPIENT's goveming bcdy. c) By Mutual Agreement ECoLocY 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 docutnents, data studies, sulveys, drawings, maps, models, photograplrs, reports or other materialsprepared by the RECIPIENT urrder this Agreement, at the option of ECOLOGY, will become properfy of ECoLoGy and theRECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work conrpleted on such documents and other materials. Nothing contained herein shail p'eclude rcolocy fi.orn demanding repayment of all funds paid to the RECIpIENT inaccordance r.vith Recovery of Funds, identified herein 29, THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIpIENT pursuant to this Agreement, the state ofwashington is named as an expressthirdpatty beneficiary of such subcontracts with full rights as such. 30, WATVER waivel of a default or breach of any plovision of this Agreement is not a waiver of any subsequent default or breach, and willnot be construed as a ntodification of the tenns of this Agreement unless stated as such in writing by the authorized representative of ECOLOGy. Ternplate Version l2l I 012020