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HomeMy WebLinkAboutDOE SEMWRRED-2022-KiCSW-00023DEPARTMENT OF ECOLOGY State of Washington Agreement No. SWMWRRED-2022-KiCoSW-00023 SOLID WASTE MANAGEMENT WASTE REDUCTION AND RECYCLING EDUCATION AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND KITTITAS COUNTY SOLID WASTE DEPARTMENT This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY'" and KITTITAS COUNTY SOLID WASTE DEPARTMENT, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATTON Project Title:Kittitas Co SW Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: $46,500.00 $46,500.00 $34,875.00 $l1,625.00 ot/01t2022 06/3012023 Solid Waste Education Proiect Short Description: Kittitas County will spend $46,500.00 to identifu contamination in the County's drop box recycling containers located at the transfer stations and address common forms of contamination, as well as encourage general waste reduction through multiple forms of outreach and education to improve the County's recyclables marketability and waste reduction practices with a focus on organics and edible food waste. Pro.iect Long Description: To reash the goal of fifty percEnt food waste reduction by 2030, set by RCW 78A.205.71| RECIPIENT will increase education on re*ponsible consumer practices and public outreach to the community via communications, media campaigns and outreach to schools. RECIPIENT will update and offer translations of education materials in Spanish. Following steps in the Kittitas County Contamination Reduction and Outreach Plan, common forms of contamination ?frfaz $tate of Woshington Depanment of Ecology Agreenent No: SWMWRREL2022-KICoSW-00023 hoject Title: Kirtiras Co SW Recipient Name: KffnTAS COUNTY SOLID WASTE DEPARTMENT will be identified in the drop box recycling containers located at both the Ellensburg and Cle Elum transfer stations. This will bE achieved by audits of the drop boxes by county employees. Conducting an audit at the beginning ofthe project will allow the RECIPIENT to gather baseline data and target community education and outreach, and progress can be measured after the second audit to determine success of those campaigns. OqqrallGoal: The goal of the Waste Reduction Recycling and Education grant program is to help the public with litter control, waste reduction, recycling, and composting. Fage2&24 Template Versio n l2l $ 2A2A $tate of Washington Depart$ent of Ecolory Agreement No: SWMWRRED-2022-KiCoSW-00023 Project Title; Kittiias Co SW Recipient Name: KIT'flTAS COUNTY SOUD WASTE DEPARTMENT RECIPIENT INFORMATION Organization Narne: KITTITAS COUNTY SOLID WASTE DEPARTMENT Pagc 3 of24 Federal Tax ID: DUNS Number: Mailing Address: Physical Address: Organization Email: Gontacte 9l-600r349 4w202547 925Industrial Way Ellensburg, WA98926 925 Industrial Way Ellensburg, Washington 98926 patti.stacey@co.kittitas.wa. us Tbmplate Version l2l l0l2OZA $tate of Warhington Department of Eeologr Agecment No; SWMWRRED-202!'K|CoSW-000?3 Projeet Title; Kittitas Co $W Reeipient Name; KITTITAS COLJNry SOLID \ryASTE DEPARTMENT Po4le4af$ Project Manager Erica Luce Solid Waste Assistant 925 Industrial Way Ellensburg, Washington 98926 Email: erica.luce@co.kittitas.wa.us Phone: $A91962-7542 Bllling Ccntact Erica Luce Solid Waste Assistant 925Industrial Way Ellensburgo Washington 98926 Email: erica.luce@co.kittitas.wa.us Phono: (509)962-7542 Authorlzed Signatory Patti J Stacey Director 925 Industrial Way Ellonsburg, Washington 98926 Email: patti.stacey@co.kittitas.wa.us Phone: (509)962-7542 thmplate Version l?Jl 0n020 Slate of Warhington Departrnentof Ecologr Agreement No: SWMWRRED2022-KiCoSW-00023 ProjectTitle: Kittitrs Co SW Recipient Name: KITTIIAS CO[INTY SOLIDWASTE DEPARTMENT ECOLOGY INFORMATION MailingAddress:Department of Ecology $olid traste Management PO BOX 4760A Olympiq WA98504-7600 Physical Addressl Solid Waste Management 300 Desmond Drive SE Lacey, WA 98503 Contacts Page 5 of24 Project Manager Laura Busby 1250 W Alder St. Union Gap, Washington 98903-0009 Email: LBus46l@ecy.wa.gov Phone: (509)406-3959 I'lnanclal Manager Laura Busby 1250 WAlderSt. Union Gap, Washington 98903-0009 Email: LBUS46I @eoy.wa.gov Phone: (509)406-3959 Tcmplato Venion lA W n$zq State of Washington Department of Ecologlr Agreement No: SWMWRRED-20?2-KiCoSW-00023 Project Title: Kitritas Co SW Recipient Name: KITTITAS COUNTY SOLID \{tqSTE DEPARTMENT Page 6 of24 AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance'of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furtherrnore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOCY and made a part of this agreement. ECOLOGY and RECIPIENT may chango their respective staffcontacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology KITTITAS COLINTY SOLID WASTE DEPARTMENT Byi'.i:t,,,,tl .' p /i :'l;i,'iC) Digitally siqned by Laurie Davies Date:2022.03.29 '14:26:56 {7'00'By: Laurie Davies Solid Waste Management Program Manager Template Approved to Form by Attomey General's OIfiee Date Pani J Stacey Director Date Template Version l2ll 012020 State of Washington Deportment of Ecology Agreement No: SWMWRRED-2022-KiCoSW-00023 Project Title: Kittiras Co SW Recipient Name: KITTITAS COUNTY SOLTD WASTE DEPARTMENT Laura Osiadacz PagcT af24 Date 3,\{),'22 of Commissioners Tomplate Vcrsion l2l l0t202fi Slate of Wbshington Department of Ecology Agreement No: SWMWRRED.2022-KiCoSW-000?3 Project Title: Kittitas Co SW Recipient Name: KITTII'AS COUNTY SOLID WASTE DEPARTMENT Page I of?4 SCOPE OF WORK Task Number: I Task Cost: $34,000.00 Task Title:Public Outreach Campaign Task Description: Work to be performed by RECIPIENT ' Implement an overall communications and media campaign as identified in the Kittitas County Contamination Reduction and Outreach Plan (CROP), including, but not limited to: - Seven social media advertising campaigns launched quarterly starting April,2022 - Website revision and maintenance - Press releases sent semi-annually - On-going social media posts - Facebook, YouTube - County-wide infographic signage updated by December,2A22 - Direct mailers to residents sent out summer 2022 ' Develop Earth Day educational kits with age-appropriate activities to Kiftitas County schools for teachers and students and distribute by mid-April2A23 ' Develop public outreach materials in English and Spanish as publications are designed or revised throughout the grant cycle ' Track social media activity through clicks, views and/or other metrics for assessment of campaign RECIPIENT will contract for assistance with this task in accordance with Part I0 General Terms and Conditions. RECIPIENT must provide a copy of the signed contract to ECOLOGY prior to ECOLOGY approval for reimbursement of contractor costs. Reimbursement for costs incurred by contractors to implement work identified in this task are subject to the same eligibility and reimbursement requirements as the RECIPIENT, and require ECOLOGY approval. This task includes development and distribution of promotional materials in a variety of formats to encourage program participation. In accordance rvith provisions 3 and l9 of the General Terms and Conditions of this Agreement, RECIPIENT is encouraged to work with their ECOLOGY grant manager when developing promotional materials. Costs eligible ftrr reimbursement with supporting documentation include: . Recipient employee time to implement task scope . Contracted or purchased services ' Supplies to produce, print, disseminate communications and educational kits for schools . Equipment and supplies to produce informational videos . Translation services . Costs not listed here but pre-approved in writing by ECOLOOY Costs not eligible for reimbursement include: . Overtime compensation ' Cosls not specifically identified in the task's scope of work or pre-approved in writing by ECOLOGY Task Coal Statement: Kittitas County Solid Waste will develop and implement education and ouheach strategies, as identified in the County's Template Version I 2/ I 0/2020 S0ate of Washington Depaftnent of Ecology Agreement No: SWMWRRED-2022-KiCoSW-@023 FojectTitle: KittitrasCo SW ReeipientName: KITTITA,SCOUNTVSOLIDWASTSDEPARTMENT Page9 of2/, Contamination, Reduetion and Ou$each Plan (CROP), Step 8, to generate awareness of the need for reduction ofediblo food waste and recycling contamination. Thsk E[pecled Outcome: The county will track sosial media engagementthrough numbers of clicks and views received as well as the number of print iteme distributed. Recipient thsk Coordinaton Patti $tacey Public Outreach Campalgn Dellverablcs Number Description Due Date 1.1 Task Expected Outcomes are the deliverables and achieved incrementally tluoughout the biennium. Templote tfenion l2l I 812020 State of Washington Department olEcology Agreement No: SWMWRRED-2022-KiCoSW-00021 Project Title: Kittiras Co SW Recipient Name: KITTITAS COUNTY SOLID \IIASTE DEPARTMENT Page l0of24 SCOPE OF WORK Task Number: 2 Task Cost: $12,500.00 Thsk Title:Transfer Stations Recycling Drop Box Audits Task Description: Work to be performed by RECIPIENT ' Identify common recycling contamination items by weight through county employee audits of recycling drop box materials. Audits will be conducted: - Twice - by March 2022 and one year later for comparison - At Ellensburg and Cle Elum transfer stations - In collaboration with Waste Management ' Develop report from audits including methodology, contamination amounts and weighls, a list of primary contaminants identified and an analysis of results. Share report with Ecology by May 2A23 This task includes development and distribution of promotional materials in a variety of formats to encourage program participation. In accordance with provisions 3 and l9 ofthe General Terrns and Conditions of thisAgreement, RECIPIENT is encouraged to work with their ECOLOGY grant manager when developing promotional materials. Costs eligible for reimbursement with supporting documentation include: . Recipient employee time to implement the task scope ' Tools and supplies required for the waste audit, including, but not limited to proper Personal Protective Equipment (PPE) and bins to sort materials ' Trainings required for employees to perform the task scope. Travel costs must be per-approved by ECOLOGY and are reimbursed up to the state rate, including per diem. . Costs not listed here but pre-approved in writing by ECOLOGY Costs not eligible for reimbursement: . Overtime compensation (all hours are calculated at the regular rate of pay) . Costs not specifically identified in the task's scope of work or pre-approved in writing by ECOLOGY Task Goal Statement: Kittitas County will reduce recycling contamination through implementation of Steps 5-7 of their Contamination Reduction and Outreach Plan (CROP) by auditing contamination in recycling drop boxes, identi$ing contaminating materials, utilizing this information for a public outreach and education campaign and doing a second audit for feedback on campaign effectiveness. Task Exoected OutcorLe : Kittitas County Solid will have local data allowing identification of common recycling contaminants in drop boxes. The public education and outreach campaigns can be designed to address these contaminants and overall contamination issues with residents. Drop box audits will also provide a way to measure contamination reduction and the success of the media campaigns. Template Version I 2/ I 0/2020 Slate of Washin$on Dcparunent of Ecologr Agreemcnt No: SWMWRRED-2022-KiCoSW-00023 ProjectTitler Kiuitos Co SW Recipient Narne: KITilTAS COUNTY SOLID WASTE DEPARTMENT Pagc I I ofX4 BeciBient Tbsk Coordinator: Patti Stacey Thansfer Stations Recycling Drop Box Audits Deliverables Numher Description Due Date 2"1 The Task Expected Outsomes sre the deliverables achieved inorernentally throughout the biennium. Template Version 12 f Wn0zq State of Wsshington Department of Ecolory Agreement No: SWMWRRED-2022-KiCoSW-00023 Project Title: Kitriras Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE DEPARTMENT BUDGET Funding Distribufion 8G220465 NOTE: The above fiffiding disf ibutian number is used to identify this specifc agreement and budget on payn ent remiltances and may be referenced on other cammunieatiansfrom ECOLOGY. Your agreetnent way have multiple funding distr"ibution numbers to identify each budget. Page 12 of 24 Funding Title: Kittitas Co SW FundingEffective Date: 01/0112022 Funding Source: Title: Funding Type: Funding Expiration Date: Grant 06130/2a23 Fund: Type: Funding Source o4 Description: Waste Reduction, Recycling, and Litter Control Account State 100% Litter Tax Approved Indirect Costs Rate: Approved State Indirect Rate: 30% Recipient Match 7o: Zla/o InKind Interlocal Allowed: No InKind OtherAllowed: yes Is this Funding Distribution used to match a federal grant? No Total: $ 46,500.00 Kittitas Co SW Thsk Total Public Outreach Campaign $ 34,000.00 Transfer Stations Recycling Drop Box Audits $ 12,500.00 Template Version lU lAl2AZA Sf0te of Washington Depnrtment of Ecology Agreenrent No: SWMWRRED-?0?2-KiCoSW-00023 Project Title: Kiltitas Co SW Recipient Narne: KITTITAS COUNTV SOLID WASTE DEPARTMENT Page I 3 of24 Fundine Distribution Summarv Recipient / Ecology Share AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial (including payment requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement of payment requests received after this date. Ecology will conduct a risk assessment of all Waste Reduction Recycling and Education recipients. The level of risk determines the level of oversight required by Ecology throughout the biennium. If the recipient's performance or project circumstances change, Ecology may reassess risk and notify the recipient of any changes to administrative requirements. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through fedcral funding sources or this agreement is used to match a federal grant awardn the following terms and conditions apply to you. A. CERTIFIPATION REGARDING SUSPENSION. DEBARMENT. INELIGIBILITY OR VOLUNTARY EXCLUSION: l. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENTICONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4, The RECIPIENTICONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code ofFederal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled Template Version l2l 1012020 Funding Distribution Name Recipient Match o/o Recipient Share Ecology Share Total Kittitas Co SW 2s.04 %$I I,625.00 $ 34,875.00 $ 46,500.00 Total $11,625.00 s 34,875.00 $ 46,500.00 State of Washinglon Department of Ecology Agreement No; SWMWRRED-2022-KiCoSW-00023 Project Title: Kirtitas Co SW Recipient Name: KITTITAS COUNTY SOLTD WASTE DEPARTMENT Page 14 of24 *CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUN'IARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENTICONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENTiCONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payrnent. RECIPIENT/CONTRACTOR must run a search in <http://www.8am.gov> and print a copy of completed searches to document proof of compliance. B. FEDERA L FLTN DING ACCOLTNTABI LITY AN D TRANS PA RENCY AQT (FFAIA) REPORTING REOUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTORIRECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than $25,000 in federal funds under this award. Receives more than 80 percent ofits annual gross revenues from federal funds. Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFA'f,A information for federally funded agreements, including the required DUNS number, at www.fsrs.qov <http://www.fsrs.sovl> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspe0d_itrq.gov <http://www.usaspending.gov/>. For more details on FFAIA requirements, see www.fsrs.sov <http://www.fsrs.gov/>. C. FEDERALFUNDINC PROHIBITION ON CEKTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EOUIPMENT: As required by 2 CFR 2AA.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: l. Procure or obtain; 2. Extend or rene\i/ a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equiprnent, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law I l5-232 <https://wwwgovinfo.sovlcontent/pkq/PLAw- l I 5publz3z/Bdf/PLAW- l I 5publ232.pdp, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Template Version lU I 412020 State olWashington Depar&nent of Ecolog/ Agreement No: SWMWRRED-2022-KiCoSW-00023 Project Title: Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE DEPARTMENT Page 15 of24 Corporation (or any subsidiary or amliate ofsuch entities). Recipients, subrecipients, and borrowors also may not use federal funds to purchase certain prohibited equipment, systems, or services' including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System forAward Management (SAM) <https:l/sam.sov/SAM/> exclusion list. Tcmplat€ Vereion 12 I IOIWZA Stale of Washington Deportment of Ecology Agreement No: SWMWRRED.20?2-KiCoSW-00023 Project Title: Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE DEPARTMENT Pagc l6 of24 GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology CENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 06/24/2A2l Version I. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans - EAGL Edition." (https://fortress.wa.gov/ecylpublications/SummaryPages/ I 70 I 004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTSAND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized ropresentatives of both parties. ECOLOGY and the RECIPIENT rnay change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITYREQUIREMENTSFORCOVEREDTECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief lnformation Officer, OCIO Policy no. 188, Accessibility (https:/1ocio.wa.gov/policylaccessibility) as it relates to "covered technology." This requirement applies to all products supplied under the Agreementn providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICALAND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: ' Cultural Resource Consultation and Review should be initiated early in the project planning proeess and must be completed prior to expenditure ofAgreement funds as required by applicable State and Federal requirements. t For state funded construction, demolition, or land acquisitions, comply with Governor Execulive Order 2l-02, Archaeological and Cultural Resources. Template Version I 2/l 0/2020 State of Washington Department of Ecology Agreement No: SWMWRRED-2022-KiCoSW-00023 Project Title: Kirtiras Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE DEPARTMENT Page 17 of24 ' For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (section I 06). b) If required by the ECOLOGY Program, submit an lnadvertent Discovery Plan (lDP) to ECOLOGY prior to implementing any project that involves field activities, ECOLOGY will provide the IDP form. RECIPIENT shall: . Keep the IDP at the project site. . Make the IDP readily available to anyone working at the project site. . Discuss the IDP with staff, volunteers, and contractors working at the project site. ' Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. . Immediately stop work and notifr the ECOLOCY Program, who will notifo the Department ofArchaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. ' Immediately stop work and notifo the local Law Enforcement Agency or Medical ExaminerlCoroner's Office, the Department ofArchaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27,44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains" 5, ASSICNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the MCIPIENT's designees, ECOLOGY, all affected local, state, or federaljurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submifted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. e) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. D ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https:#ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contast Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOCY may be paid to the RECIPIENT when the work described herein, or a portion thereof has been completed if, at ECOLOCY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. Template Version l2i l0/2020 State of Washington Department olEcology Agreement No: SWMWRRED-2022-KiCoSW-00023 Pmject Title: Kittiras Co S'ff Recipient Name: KIT|ITAS COUNTY SOLID WASTE DEPARTMEN'I' Page I 8 of24 j) RECIPIENT must submit within thirty (30) days after the expiration date ofthis Agreement, all financial, performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCEWITHALLLAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, rcgulations, and policies of the United States and the State of Washington which aflect wages and job safefy. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full complianee with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODSAND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase ofgoods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incuned as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOCY's sole discretion. I I. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOCY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. Template Version l2l l0l2020 State of Washington Department of Ecology Agreement No: SWMWRRED-2022-KiCoSW-00023 Project Title: Kittitas Co SW Recipient Nanre: KIT'fiTAS COUNTY SOLID WASTE DEPARTMENT Page I 9 of24 The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environrnental lneasurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: ' Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. ' Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). ' Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT rnust confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http ://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: httpsl//ecology.wa.gov/Research-Data/Data-resources/Geographic-lnformation-Systems-GlSlStandards. RECIPIENT, when requested by ECOLOCY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data eollection files, map products, and all metadata and project documentation. I3. COVERNINC LAW This Agreement will be governed by the laws of the State of \tr/ashington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOCY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each parly will indemnify and hold the other harmless from and against any liability for any or all iqjuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENTSTIfTUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents ofthe other party. Template Version l2ll0/3020 State olWashington Departrnent of Ecology Agreement No: SWMWRRED-2022-KiCoSW-00023 Projeet Title: Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID \{ASTE DEPARTMENT Page 20 of24 I6. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreernent to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, cornmission, or gift in return for award of a subcontract hereunder. t7. MINORTTYAND WOMEN'S BUSTNESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Ofiice of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate" 18. ORDEROFPRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTAfIONANDPROMOTIONALMATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillrnent of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOCY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, elc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's Iogo contact ECOLOCY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 24, PROGRESS REPORTING Template Version l?l l0l2020 Statc olWoshinglon Department of Ecolory Agreement No: SWMWRRED-2022-KiCoSW-00023 Project Title: Kiuitas Co SW Recipient Name: KIT1ITAS COUNTY SOLID WASTE DEPARTMENT Page 2l of24 a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January I through March 3 1, April I through June 30, july I through September 30, and October I through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, perfonnance, and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or prope$y, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY informarion; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGy. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Crants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Fumished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIpIENT foi" use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOCY shall be reimbursed in cash or by setoffby the RECIPIENT for the fair market value of such property. fl Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: I . RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance poticies, Torrens certificates, or abstracts, and attomey's opinions establishing that the land is free frorn any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion ofthe proceeds ofthe sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. Template Version I 2l I 0 $AZA State of Washington Department olEcology Agreement No: SWMWRRED-2022.KiCoSW-00023 Project Title: Kirtiras Co SW Recipient Name: KIfiITAS CQUNTY SOLID WA,STE DEPARTMENT Page 22 of24 22, RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. Allrecords shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOCY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder, RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identifo discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been ptoperly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERYOFFUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement, RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any properfy acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect rvithout the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STArE ENVTRONMENTAL POLICYACT (SEPA) RECIPIENT must demonstrate to ECOLOGY'S satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-ll WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shallresume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 1211012020 State of Washington Department of Ecology Agreement No: SWMWRRED-2022-KiCoSW-00023 Project Title: Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE DEPARTMENT Psge 21 of?4 27. SUSTAINABLEPRACTICES In order to sustain Washington's natural resoulces and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement, a) Sustainable practices may include such activities as: use of clean energy? use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillableo rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY's web page, Green purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28, TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incuned in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to cornmence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non'Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT u4justifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of thisAgreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoffuntil such time as the exact arnount of damages due ECOLOGY from the RECIPIENT is determined. b) ForConvenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirfy (30) calendar days prior written notificationto the RECIPIENT, except as noted below If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in ascordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufliciency is resolved. ECOLOCY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENTthrough the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no Template Version lA IA?AZA State of Washington Department of Ecolory Agreement No: SWMWRRED-2022-KiCoSW-00023 Projeet Title: Kittitas Co S\tr Recipient Name: KITTITAS COUNTY SOLID WASTE DEPARTMENT Page24 of24 event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement 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 AII finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOOy and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRDPARTYBENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version lU WBA}A