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