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Home My WebLink AboutDOE SWMLSWFA-2023-KiCSW-00195DocuSign Envelope lDi 7267 FCFE-26F941 24-BS27-D46035D896FF DEPARTMENT OF ECOLOCY State of Washington Agreement No. SWMLSWEA-2023-KiCoSW-00195 SOLil) WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIALASSISTAIICE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND KITTITAS COT]NTY SOLID WASTE This is a bindingAgreement entered into by and between the state ofWashington, Departrrent of Ecology, hereinafter refeired to as "ECOLOGY," and KITTITAS COUNTY SOLID WASTE, hereinafter referred to as the "RECIPIENT," to carry out with the provided firnds activities described herein. GENERALINI'ORMATION Projeot Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Eflective Date of this Agreement is; The Expiration Date of this Agreement is no later than: Projecttype: P&I Kittitas Co SW $354,888.67 $354,888.67 $266,166.50 988,722.17 07tau2023 06130/2025 Planning & hnplementation Proiect Short Description: Kittitas County Solid Waste will spend $354,888.67 to collect and manage 45 Tors ofHHW, divert 4,500 Tons of organics from the landfill, and collect 400 Tons of material for recycling. Proiect Long Descriotion: See the Scope of Wbrk section for more detailed information related to individual Tasks Overall Goal: Provide regional solutions and intergovemmental cooperation; prevent elminimize enyironmental contamination tbrough planning and project implementation; and comply with state and local solid and hazardous waste Eanagement plans and laws. 7l.- l?at i DocuSign Envelope lD:7267FCFE-26F94724-8527-D4603SD896FF Stde ofwashitrgtor Depareent of Ecology AgreementNo: SV/MLSWFA-2023.KiCoSW-00195 ProJectTitlc: P&tKinilasCosltr RccipiontName: KITTTIASCOTJNTYSOLIDUTASTE RECIPIENT INFORMATION OrganizationName: KITTITAS CO{JNTY SOLID WASTE FederalTax ID UEINumber: [46lling Address: Physical Address: Organization Email: Contacte 91-6001349 rtrQ23)(PBSAU44 925IndusbialWay Ellensburg, WA98926 925Indushial Way Ellensburg, Whshington 98926 patti.stacey@eo.kittitas.wa.us Page2of25 Tcmplalo Vorsion lU t0 n02O DocuSign Envelope lD: 7267 FCFE-26F94724-BS2Z-D46035D896FF State of Washitrgton Deparhent of Ecology Agreement No: SWMLSWEA-2023-KiCoSW-00195 ProjectTitle: P&I Kittitas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE PageS af25 Project Manager Patti Stacey Director 925 Industrial Way Ellensburg, Washington 98926 Email: patti.stacey@co.kittitas.rva.us Phone: (509)962-754?, Billing Contact Erica Luce Solid WasteAssistant 925 Industrial Way Ellensbwg, Washington 98926 Email: orica.luce@co.kittitas.wa.us Phone: (509\962-7542 Authorized Signatory Patti J Stacey Director 925 Indushial Way Ellensburg, Washington 98926 Email: patti.stacey@co.kittitas.wa.us Phone: (509)962-7542 Tbmplalc Vcreion lU l0 lD.AzO Docusign Envelope lDi 7 267 F CFE-26F947 24-e527-D46035D896FF Strrte of lVaghinsion Dspefimeot of Ecolo&r Agreement No: SWMLS\IfFA-2tt23-KiOoSW-lMl95 kojeetTitlc: F&I Kit{as Co $W Rocipiont N*rne: ruTmAS COIINTY SOLID WASTE ECOLOGY INT'ORII{ATION MeilingAd&ess:Doparfnontof Ecolory Solid Waste Managcmont PO BOX 47600 Olympia, WA 98504-?600 Physical Address:SolidWaste Management 300 Desmond Drive SE Lacoy, WA98503 Contacts P&gc4 of25 ProJect Mannger Michelle Mulrony 1250 WAlder St. Union Gap, Washin$on 98903-0009 Email: mmul46 l@ecy.wa.gov Phoue: (509)406-39s9 ['lnauclnl Manager MicbelleMukony 1250 WAlder St. Union Gap, Waehington 98903-0009 Email: mmul461@eoy.wa.gov Phone: (509)406-3959 Tcmplrtc Vonior lU lilz0m Docusign Envelope lDi 7267 FCFE-26F94724-8527-D46035D896FF State of Wssbington Department ofEcolosr Ageement No: SWMLSWIA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW RecipientName: KIfiITASCOTTNTYSOLIDWASTE Page 5 of25 AUTHORIZING SIGNATT'RES RECIPIENT agrees to furnish the necessary personnelr equipment, materials, services, and otherwise do all things nece$sary 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, iucluding all the terms and conditions of thisAgreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPiENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entke understanding befween the parties, and there are no other understandings or representalions other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to tlis agreement will be of any force or effect unless in rwiting, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staffcontacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Deparhnent ofEcology By: by: KITTITAS COUNTY SOLID WASTE Patti J Stacey Director 9/8/2023 By: 7Dt Peter Lyon Solid Waste Management Acting Program Manager Template Approved to Form by Attomey General's Office Date Date Template Version 1A rc I 2020 DocuSign Envelope lD: 7267 F CFE-26F947 24-BS2Z-D4603SDBg6FF Stats ofw0stlrgton Deputment of Eoologr Agremeat No: SUII\,ILSWFA-2023.KiCoSW-0019S Pnjeetlido: P&tKinitascosw RecipiontNamr: KITTITASCOLJNTVSOUDTiIASTE Pap6uf 25 Chair, Board of Counry Cornniesiouers Dato cory E8 TonpbbVordoa l?nn0/;0 DocuSign Envelope lD: 7 267 FCFE-26F94124-8527-D4603SD896FF StBte of Washiogton Depsrgnent olEcology Agreement No: SWMLSWFA-2023-KiCoSW-00ISS Projeet Title: P&l Kitritas Co SW Recipient Name: KITTITAS COUNTY SOLID WASTE Page 7 of25 SCOPE OFWORK Task Number: I Task Cost: 9192,499.34 Task Title:MRW Collection and Management Task Descrintion: The RECIPIENT will continue to operate the Moderate Risk Waste (lvIR!V) facilities in Cle Elum and Ellensburg. RECIPIENT will follow all applicable local or siate requirements to operate a MRW facilify. RECIPIENT or delegate is responsible for worker safety taining. RECIPIENT will provide appropriate Personal Protective Equipment {PPE) for all workers, PPE can include safety vests, gloves, eye protection, and other supplies or tools nocessary to complete the work safely. RECPIENT is accepting waste from businesses that designate as Small Quantity Generators (SQG). If shipmenVdisposal bills for SQG waste cannot be separated from HHW, then a fee must be charged to each business to cover disposal costs and those fees must be itemized as a credit to the task. Costs, products, and materials covered by existing product stewardship organizations such as E-Cycle Washington, LightRecycle Washington, Call2Recycle, and PaintCare or by new product stewardship organizations that are fully implemented during this agreement period are not reimbursable by this grant program. This task includes development and distribution of promotional materials in a variety of formats to encourage program participation. In accordance with provisions 3 and 19 of the General Terms and Conditions of this agreement, RECIPIENT is encouraged to work with their ECOLOGY grant manager when developing promotional materials. RECIPIENT is not required but is encouraged to provide a draft copy for review and approval ten (10) business days prior to production and diskibution of materials. RECIPIENT is required to upload the final copy of all promotional material urith the reimbursement request to enswe it meets eligibility. Costs Eligible for Reimbursement . Staffsalaries and benefits, and up to 30% indirect on this cost. Contactor costs ' Supplies and tools necessary to implement the task work (description and use must be clearly communicated in the ltem Description on the Expenditures Table) . Mileage or fuel and maintenance charges for vehicles and equipment used to implement the task work. Cost$ not listed here but approved in writing by ECOLOGY Costs Ineligible for Reimbursement ' Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40-hour work week ' Disposal costs for the management of waste accepted from businesses that designate as Small Quantity Generators ' Costs covered by existing product stewardship organizations and costs covered by new product stewardship organizations that are fully implemented during this agreement period ' Costs at collection events that are covered by product stewardship organizations ' Staffparticipation in hainings, workshops and or conferences not pre-approved in writing by ECOLOGY ' Costs of membership in civic, business, technical and or professional organizations not pre-approved in writing Template Verrion l2ll,U2AlO Docusign Envelope lDi 7267FCFE-26F94724-8527-D4603SD896FF Slate of Washington Dcportrnent of Ecologr Agreement No: SrI/lvlLS\ryEA-?023-KiCoSW-00195 ProjectTitlel P&I Kittirss Co SW RecipientNanre: KITITTASCOUNTYSOLIDWASTE Page 8 of25 byECOLOGY Costs not supported with required documentation Task Goal $fatement: The goal of this task is to provide residents with a safe and convenient drop offof their Household Hazardous Waste (HHW) in an effort to improve the quality of the environment by providing an alternative to illegal dumping and or improper disposal of this material. Thsk Expegl$d Outcome: with the task budget, RECIPDNT expects to collect and manage 45 Tons of Hlrw. Recipient Task Coordinator: Patti Stacey MRW Collection and Management Dellverables Number Description Due Date 1.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Tbnplate Vanion lA nn020 DocuSign Envelope lDi 7267 FCFE-26F947 24-8527-D46035D896FF State of Washingtoa Department of Ecology Agreement No: SWMLSWFA-2023-KiCoSW-00195 Projeet Title: P&I Kinitas Co SW RecipientName: KlTTffASCOLINTYSOLIDWASTE Page 9 of25 SCOPE OF WORK Thsk Number: 2 Task Cost: $131,652.00 Thsk Title:Organics Management Thsk Description: RECIPIBNT employees will operate the compost facility located in Ellensburg to collect and divert organic material from the landfill. RECIPIENT will offer tours of the compost facility, organics classes and workshops both onsite and offsite, and parficipate in local events to provide education to the county residents on the importance of organics diversion. This task includes development and dishibution of promotional materials in a variety of formats to encourage progpm participation. In accordance with provisions 3 and 19 of the General Terms and Conditions of this agreement, RECIPIENT is encouraged to work with their ECOLOGY grant manager when developing promotional materials. RECIPIENT is not required but is encouraged to provide a draft copy for review and approval ten (10) business days prior to production and dishibution of materials. RECIPIENT is required to upload the final copy of all promotional material with the reimbursement requestto ensure it meets eligibility. Costs Eligible for Reimbursement . Staffsalaries and benefits, and up to 30% indirect on this cost. Contactor costs ' Supplies and materials as necessary and reasonable for composting workshops and other educational programs. Mileage or fuel and maintenance charges for vehicle use on task eligible work. Costs not listed here but approved in writing by ECOLOGY Costs Ineligible for Reimbursement ' Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40-hour work week ' Staffparticipation in tainings, workshops and or conferences not pre-approved in writing by ECOLOGY ' Costs of membership in civic, business, technical and or professional organizations not pre-approved in writing byECOLOGY . Costs not supported with required documentation Thsk Goal Statement: The goal of this task is to operate the compost facility and increase diversion of organics from the landfill by providing composting options and an alternative to buming. Task Expscted Outcome: With the task budget, RBCIPIENT Expects to collect and divert 4500 Tons of organic waste. Tenplele Vorsion lA rcn0?A Docusign Envelope lD: 7 267 F CF E-26F947 24-8527-D4603SD896FF State of Warhington Deparuont of Ecology AgrcementNo: SWMLSWFA-2023.KiCoSSI-0019S Pmjeet fitler P&I Kinitrs Co SW RccipientNamo: KITITIASCOITNTYSOLIDWASIE Page l0of25 Recipient Task Coor4inator: Patri Stacey Organics Management I)eliverables Number Ilescrlpfion Ilue Date 2"1 TaskExpeotod Outcomes are the deliverables and aehieved incrementally throughout the bionnium. TbnplEloVanim lU$ntZA Docusign Envelope lDi 7267F CFE-26F94224-}527-D46035D896FF State of Wsshington Deparhtent of Ecology Agteement No: SWMLSWFA-2023-KiCoSW-00195 ProjectTitle: P&I Kitritas Co SW Recipient Nome: KITTITAS COUNTY SOLID WASTE Page ll of25 SCOPE OFWORK Task Number: 3 Task Cost: $30,737.33 Task Title:Recycling Operations Task Description: RECIPIENT employees will operate the recycling drop boxes at the Ellensbwg and Cle Elum tansfer stations to collect desigrrated recyclable materials from residents not served by curbside collection. RECIPIENT may conhact for assistance with this task and is curently utilizing an existing conhact with Waste Management for transportation of the recyclables to markets. Reimbursement for costs incurred by contractors to perform 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 dishibution of promotional materials in a variety of formats to encourage program participation. In accordance with provisions 3 and i9 of the General Terms and Conditions of this agreement, RECIPIENT is encouraged to work with their ECOLOGY grBnt manager when developing promotional materials. RECIPIENT is not required but is encouraged to provide a draft copy for revierv and approval ten (10) business days prior to production and distribution of materials. RECIPIENT is required to upload the final copy of all promotional material with the reimbursement request to ensure it meets eligibility. Costs Eligible for Reimbursement . Staffsalaries and benefits, and up to 30% indirect on this cost. Contracted orpurchased services . Costs not listed here but approved in writing by ECOLOGY Costs Ineligible for Reimbursement ' Collection and disposal costs ofany materials collected or advertised as collected for recycling or reuse, and or marketed for recycling or reuse under this task ' Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40-hour work week ' Costs covered by existing product stewardship organizations and costs covered by new product stewardship organizations that are fully implemented during this agreementperiod ' Costs at collection events that are coveredby product stewardship organizations ' Staffparticipation in trainings, workshops and or conferences not pre-approved in writing by ECOLOGY ' Costs of membership in civic, business, technical and or professional organizations not pre-approved in writing byECOLOGY . Costs not supported with required documentation Task Goal Statement: The goal of this task is to increase the amount of material collected forrecycling and diverted from disposal by providing options for residents to recycle. Task Exnected Outcome: With tbe task budget, RECIPIENT expects to collect 400 Tons of recyclable material. Template Venion 12 I l0 I 202A Docusign Envelope lDi 7 267 F CFE-26F94T24-AS2Z-D46035D896FF gtrate of Wsshirgbn Depsrhatrt of &olog$ Agcemcnt No: SUIIvtLS\irnA-2023-KiCoSW-l)0195 ProJcct'lltl* P&IKitrib$cosw ReciplontName: KITITIASCOUNTYSOLIDWASTE Pagc 12 of25 Recillient Task Coordinator: Patti Stacey Recycling Operations Dellverables Number Descripffon IlueDate 3.1 Task Bxpected Outcomes are the delivorables and achieved incremenblly tbrouchout the biennium. Tbmplrto Vardon lUnnOZ0 DocuSign Envelope lDi 7 267 FCFE-26F94724-8527-D46035D896FF State of Washingtoa Departrnent of Ecologr Agreement No: SWMLSWFA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW Recipient Nome: KITTITAS COIINTY SOLID WASTE BUDGET Fundlng Distribution EG23ll419 NOTE: The abovefunding distributian number is used to identify this speciJic agreement and budget on payment remiltqnces and may be rcferenced on other communicationsfrom ECOLOGY. Your agreement may have multiple funding distribution numbers to identifi each budgel Page l3 of25 Funding Title: P&I Kittitas Co SW Funding Effective Date: 07rc112023 Funding Source: Title: Fund: Tlpe: Funding Source o/o: Description: Funding Type: Funding Expiration Date: Grant 0613a/2a25 Model Toxics Control Operating Account (MTCOA) FD State t00% Local Solid Waste Financial Assistance Approved Indirect Costs Rate: Approved State Indirect Rate: 30% Recipient Match %: 25% InKind InterlocalAllowed: No InKind OtherAllowed: No Is this Funding Disfribution used to match a federal grant? No Total: $ 354,888.67 P&I Kitdtas Co S\il Task Total MRW Collection and Management $ 192,499.34 Organics Management D 131,652.00 Recycling Operations t 3a,n733 Template Version 12/ I 0 I 202A DocuSign Envelope lDi 7 267F CFE-26F94724-BS2Z-D4603SD896FF State of Washington Depar8nent of Ecology Agreement No: SWMLSWF:A-2023-KiCoSW-00195 Project Title: P&l Kitritas Co SIV RecipientNamc: KITTEAS COUNTY SOLID WASTE Page 14 of25 Fundins Distribution Summarv Recipient / Ecology Share AGREEMENT SPECIFIC TERJVIS AND CONDITIONS N/A SPICIAL TERMS AND COIIDITIONS If the scope of this Agreement includes recycling activity managed or performed by the RECIPIENT at a recycling center (such as a tansfer station or drop box location) or other locations, ECOLOGY will not reimburse disposal costs for materials collected or advertised as collected for recycling/reuse or marketed for recycling/reuse under this Agreement, r'nless approved in writing by ECOLOGY. RECIPIENT must immediately notifu ECOLOGY when the RECIPIENT becomes aware that disposal of materials occurred or may occur due to the market conditions for recycled/reused materials. ECOLOGY may deny new costs or require repayment of costs already reimbursed or remove the task from the Agreement or terminate the Agreement. ECOLOGY's Solid Waste Management (SWM) program will implement a reporting assessment for all RECIPIENTs of grants administered through the SWM program. The assessment determines the RECIPIENT reporting level required throughaut the biennium. If RECIPIENT adminishative perforrnan"g 6l shanges in project circumstances trigger a reassessment, RECIPIENT will be notified of any changes to adrninistative requirements. RECIPIENT shall update the Sponding Plan and Outcomes Data Collection forn at least quarterly. The Spending Plan and Outcomes Data Collection form must be completed concurrentwith the submittal of each Payment Request/?rogress Report. RECIPIENT shall report outcomes in a manner consistent with inshuctions in the Local Solid Waste Financial Assistance guidelines. RECIPIENT must submit within thiny (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. GENERAL FEDERAL CONDITIONS If a portlon or all of the funds for this agrcement are provided through fedcral funding sourcc$ or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATIONRECARDINC SUSPENSION. DEBARMENT.INBLIGIBILTIYORVOLUNTARY EXCLUSION: Templale Version 12 I I g t202t Funding Distribution Name Recipient Match 7o Recipient Share Ecology Share Total P&IKiftitas Co SW 2s.00 %$88,722.17 $ 266,166.50 $ 354,888.67 Tbtal $88,722.17 $ 266,166.50 $ 35{,888.67 Docusign Envelope lDi 7267 FCFE-26F94724-8522-D4603SD896FF State of Washingtoa DeparFnetrt of Ecologr Agreement No: S1YMLSWFA-2023-KiCoSW-00195 Project Title: F&I Kiftitas Co SW Recipieat Name: KIT'flTAS COUNTY SOLIDWASTE Page 15 of25 l. The RECIPIENT/CONTRACTOR, by signing this agreement, cerfifies that it is not suspended, debarred, proposed for debarment, declarcd ineligible or other$dse excluded from conhacting with the fedcral govemment, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, tley 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 leams that its certification was erroneous when submitted or had become enoneous by reason of changed circumsknces. 3. The terms covered hansaction, debarred, suspended, ineligible, lower tier covered hansaction, participant, person, primary covered kansaction, 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 Arder 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code ofFederal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR firther agrees by signing this agreement, that it will include this clause titled ..CERTIFICATION REGARDING SUSPENSION, DEBARMENT,INELIGIBILITY ORVOLUNTARY EXCLUSION" without modification in all lower tier covered ffansactions 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 hansaction complies with certification of suspension and debarrnent requirements. 7. RBCIPIENT/CONTRACTOR acknowledges that failing to disclose the infonnation required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR 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 payment. RECIPIENT/CONTRACTOR must run a search in <http;//www.sam.gov> and print a copy of completed searches to docurnent proof of compliance. B. FEDERAL zuNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REO,UIREMENTS: CONTRACTORIRECIPIENT must complete the FFAIA Data Collection Form (ECY 070-395) and return it with the sigled agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its live top executives using the FFAIA Data Collection F'orm. Receives more than $30,000 in federal funds under this award. Receives more than 80 percent ofits annual gross revenues from federal firnds. Receives more than $25,000,000 irr 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 FEIfIA information for federally funded agreements, including the required Unique Entity Identifier in www.sam.Elov <httt://www.sam.goJr) within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspendins.sov <http://www.usaspending.gov/>. Templale Version L2 I rc ?OZA DocuSign Envelope lDi 7267 F CFE-26F94724-8527-D46035D896FF State ofwashitrgton Deparhenr of Ecology Agreement No: SWMLSWFA-2023-KiCoS1V-0019S Project Title: P&I Kittitas Co SW RecipientNamer KITIITASCOUNTYSOLIDIVASTE Page 16 of25 For more details on FFATA requirements, see www.fsn.eov <httrp://w\r\{r.fsa.gov/>. C. FEDEML FUNDING PROHIBITION ON CERTAIN TELECOMMUMCATIONS OR VIDEO SURVEILLANCE SERVICES OREOUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: l. Procure orobtain; 2. Extend or renew a conhact to procure or obtain; or 3. Enter into a contact (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipmen! 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 115-232 <httns:/ vrvw.eovinfo.gov/contenUpks/PlAW-l lspublz32/pdfPlAW-l l5publ232.pdF. section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Coqporation (or any subsidiary or affrliate of such entities). Recipients, subrecipients, and bonowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the Svstem forAward Management (sAM) <httgs://sam.gov/SAMF exclusion list. Template Version 12 I l0 I 2020 DocuSign Envelope lD: 7267 F CFE-26F94724-8522-D46035D896FF State of Washington Deparhent of Ecolo$r Agreernent No: SWMLSWEA-2023-KiCoSW-00195 Project Title: P&I Kittitas Co SW RecipientName: KITTITASCOUNTYSOLIDWASTE Page 17 of25 GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 07/01/2A% Version 1. ADMTNISTRATTVEREQUTREMENTS a) RECIPIENT shall follow the "Administative Requirements for Recipients of Ecology Grants and Loans - EAGL Edition." (https ://forhess. wa. gov/ecylpublic ations/SummaryPagesl2 3 0 1 0 02.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, lnslurling ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reseryes the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character ofall work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No zubsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staffcontacts and adminishative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVBRED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Inforrnation Officer, OCIO Policy no. 188, Accessibility fttps:/locio.wa.govlpolicylaccessibility) as it relates to "covered technology." This requirement applies to all products supplied under the Agreement, 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 elechonic documents intended forpublishing on Ecology's public web site. 4. ARCHAEOLOGICALAND CUUTURALRESOURCES RECIPIENT shall take all reasonable aetion 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 RBCIPIENT must agree to hold harrnless ECOLOGY in relation to any claim related to Culrural Resources discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENTShaII: a) Contact the ECOLOGY Program issuing the grant or Ioan to discuss any Cultural Resources requirements for their project: ' Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure ofAgreement funds as required by applicable State and Federal requirements. * For state funded construction, demolition, or land acquisitions, comply with Govemor Executive Order 21-02, fuchaeological and Cultural Resources. Template Version l2l rc n02O DocuSign Envelope lD: 7267 FCFE-26F94724-BSZ7-D4603SD896FF State of Wsshitrgton Depsr&ent of Ecologr Agreement No: SVIV!LSWFA-2023-KiCoSW-00195 Project Title: P&I Kinitas Co SW RecipientName: KTnTASCOTNTySOLIDWASTE Page l8 of25 ' For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGYprior to implementing any project that involves field activities. ECOLOGY will provide the IDp form. RECIPIENTshall: . Keep the IDP at the project site. . Make the IDP readily available to anyone working at the project site. ' Discuss the IDP with stafl volunteers, and conbactors working at the project site. ' Implement the IDP when Cultural Resouces 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 noti$ the ECOLOGYProgram, who will notift 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 lhe project IDP. ' Immediately stop work and notiff the local Law EnforcementAgency or Medical Examiner/Coroner's Offrce, the Department ofArchaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, andRCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transfened or assigned by the RECIPIENT 6, COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT'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 theAgreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless 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 payrnent requests. 0 ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properg completed request for payment. g) RECIPIENT will receive paym€nt 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 regishation forrn and an IRS W-9 form at websitq htps:1lofu.wa.gov/it-systemslstatewide-vendorpayee-services. If you have quesfions about the vendor registatioa process, you can contact Statewide Payee Help Desk at (360) 40?-8180 or email PayeeRegistration@ofin.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 Agreernent. i) Monies witbheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion tbereof, has been completed i{, at ECOLOGY's sole discretion, such palment is reasonable and approved according to thisAgreement, as appropriate, or upon completion ofan audit as specified herein. Tamplate Vorsion lU I UZAZA DocuSign Envelope lDi 7267 F CFE-26F947 24-8527-D4603SD896FF St*te ol' Wushingtan D!.ltilnnlrut ot'Ecology r\grcerncnt No: SWMLSIVFA-2023-KiC)oS\\r-0019.5 Proicct Titlc: P&l Kiuirss Co SW Recipient Nanre: KITTITAS COUNTY SOLID WASTE l'*gc I9 of35 j) RECIPIENT rnust subnlit within thirly (30) days nfter the expiration date of this Agreement, all financial, pelform;ince, and other repods required by this Agreement. Failure to complv may result in ilelayetl reimbursenlent. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully rvith all applicable f'edelal, state and local larvs, orders, regulations, and permits related to this Agreernent, including but not lirnited to: a) RECIPIENT agrees to comply with all applicable laws. regulations, and policies of the United States and the State of Washington rvhich affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state lals, regulations, and policies against discrimination. c) RECIPIENT certifies full corripliance rvith all applicable state industrial insurance requirernents. d) RECIPIENT agrees to secule and provide assurance to ECOLOGY that all the necessary approvals and pennits required by authorities having jurisdiction over the project are obtained, RECIPIENT must include time in their project timeline fbr the pennit and approval processes. ECOLOGY shall have the right to immediately telminate for cause this Agreernerrt as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rnle of larv of the state of Washington, it is considerecl nroclifiecl to confbnn to that statute or nrle of law. 9, CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, meutber, agent, or employee, who exelcises any function or responsibilitv in the revierv, approval, or catrying out of this Agreement, shall not have any personal or financial interest, clirect or indirect, nor affect the interest of any corporation, partnership, or association iu which helshe is a part, in this Agreenlent or the proceecls thereof. IO. CONTRACTING FOR GOODS AND SERVICES RECIPIENT rnay contract to buy goods or services related to its perfbntrance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, selices, aud protbssional architectural and engineering seruices tltrough a cornpetitive process, if required by State law. RECIPIENT is required to follow procurernent procedures that ensure legal, fair, and open competition. RECIPIENT tnust have a standard procurement process or follow current statc procul'ement procedures. RECIPIENT rnay be required to provide written ceftification that they have followed their standard procuretnent procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurernent documentation, and review procurement practices related to this Agreentent. Any costs incured as a result of procurement practicos not in compliance rvitlr state procurenlent law or the RECIPIENT's nonnal procedures nray be disallowed at ECOLOGY's sole discretion. I I. DISPUTES When there is a dispute rryith rcgard to the extent and character of tlre rvork. or anv other matter related to this Agreement the detennination of ECOLOGY rvill govem, although the RECIPIENT shall have the right to appeal decisiorls 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 issuets). c) RECIPIENT has the opportunity to be heard and off'er evidence in support of its appeal. d) ECOLOGY revieu,s the RECIPIENT's appeal. e) ECOLOGY sends a writfen answer within ten ( l0) business days, unless more tiure is needed, atier concluding the review 'Ienrpl:rte Versinn t2i I 0/2020 DocuSign Envelope ID: 7 267 FCFE-26F94724-BSZ7-D4603SD896FF State of \\tnshington Dcpnflllieut olEcology .{,grcenrenr No: SWIvILSWFA-2023-KiCoSW-0(}lq5 Projcct Titlc: P&l Kiuiras Co SW Rccipient Nirnre: KITTITAS COUNTY SOLID WASTE I'age 20 of 25 Tlte decision of ECOLOGY fi'om an appeal will be finaland conclusive, unless witliir thir{y (30) tlays from the dare of such decisiotr, the RECIPIENT fumishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized represerltative will be final and conclusive. The parties agree that this dispute process will precede any acfion in a judicialor quasi-judicial tr.ibunal. Appeals of the Director's decision will be brought in the Superior Court olThurstou County. Review of the Director's decision will not be taken to Environrnental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently *'ith tlte pertbnnance of this Agreement and i1 accordance with the decision rendered. Nothing in this Agreettrettt rvill be construed to lirnit the pafties' choice of another mutually acceptable lrerhocl, in acldition to the dispute resolution procedure outlined above. 12. ENVIRONMENTALDATASTANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) tbr a project that colle*s or uses enviroumenral meastlrement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the glant or loan. If a QAPP is required, the RECIpIENT shall: ' Use ECOLOGY's QAPP Ternptate/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Prograrn QA coordinator instructs othenvise. ' Follorv ECOLOGY's Guidelines for Prepaling Quality Asstrance Project Plans for Envirorurrental Studies. July 2004 (Ecology Publication No. 04-03-030). ' Submit the QAPP to ECOLOGY for revierv and approval befbre the start of the work. b) RECIPIENT shall submit environmeutal data that was collectecl on a project to ECOLOGY using the Environmental Infonnation Management systenr (EIM), unless the ECOLOGY Program instmcts otherwise. The RECIPIENT must confinn with ECOLOGY that complete and corect data was successfully loacled into EIM, fincl instructions tt: http ://www.ecy.wa. gov/ei m. c) RECIPIENT shall follorv ECOLOGY's data standards when Geographic lrrtbrmation Systenr (ClS) clata is colle*ed and processed. Guidelines for creating and Accessing GIS Data are available ar: littps:/lecology.wa.govlResearch-Data/Data-rcsources/Geographic-lntbnnation-Systeurs-GIS/Standards. RECIPIENT. when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS clara layers, imagery, related rables, rar.v data collection files, map products, and all metadata and project docunentation. 13. GOVERNING LAW This Agreernent will be governed by the laws of the State of Washington, antl the venue of any action brought hereunder rvill be in the Supcrior 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 Wbrk. To the extent that the Constitution and laws of the State of Washington permit, eaclr parry will indenrnifo and hold the other harmless frotn and against any liability for any or all injuries to persons or property arising from the legligent act or omission of that party or that pafty's agents or employees arising out of this Agreeurent. I5. INDEPENDENT STATUS The ernployees, volunteers, or agents of each party who are engaged in the perforntance of this Agreement will continue to be employees, voltttrteers, or &getrts of that parfy and will not for any pulpose be employees, volunteers, or agents of the other party. Tenrplrle Version I 2rl 01302f) Docusign Envelope ID: 7267 F CFE-26F947 24-8527-D46035D896FF Strttc ot'W0shington Depanmenr olEcotogy r\greement No: S\VMLSWFA-2033-KiCoSW-00195 Projeet Titler P&l l(iuhas Co SW Recipient Name: KITTIIAS COLINTY SOLID WASTE Page 2l of25 I6. KICKBACKS RECIPIENT is prohibited from inducing by any nlearls any persorl enrployed or otlrerwise involved in this Agreement to give up any pa$ of the compensation to which he/she is otherwise entitled to ol receive any f-ee, comlnission, ol gift in refurn fbr award of a subcontract hereunder. 17. MINORITYAND WOMEN'S BUSINESS ENTERPRTSES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified lninority-ovvned (MBE) and wolnen-owned (WBE) businesses in purchases and contracts initiated under this Agreemenr. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the followirig actions, when possible, in any procurement under this Agleement: a) Include qualified minorify and women's businesses on solicitation lists rvhenever they are poteutial sources of goods or services. b) Divide the total requirements, whetl economically f'easible, info snraller tasks or quantities, to permit maxirnum participation by qualified minority and rvomen's businesses. c) Establish delivery schedules, rvhere work requirements pemrit, rvhich rvill encourage participation of qualified minoliry and wornen's businesses. d) Use the sen ices and assistance of the Washington State Office of Minority and S/omen's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Depaftment of Comrnerce, as appropriatc. 18. ORDEROFPRECEDENCE In the event of inconsistency in this Agreernent, unless otherwise provided herein, the inconsistency shall be resolvecl by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreenrent; (c) Scope of Work; (d) Special Temrs and Conditions; (e) Any provisiorls or terrrrs incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Tenns and Conditions. 19. PRESENTATIONANDPROMOTIONALMATERIALS ECOLOGY reseryes the right to approve RECIPIENT's communication documents and materiats related to the fulfilhnent of this Agreernent: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for revierv and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOCY's review and approvai process in their project timeline. c) lf requested, RECIPIENT slrall provide ECOLOGY two (2) tinal copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible prcducts developed such as brochures, rnanuals, pamphlets, videos, audio tapes, CDs, curriculutn, posters, media announcements. or gadgets rvith a message, such as a reti'igeratol rlagnet, and any online communications, such as rveb pages, blogs, and hvitter carnpaigns. If it is not practical to provide a copy, then the RICIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best rcpresents the item. Any courtnttnications intended for public distribution that uses ECOLOGY's logo shall cornply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement, Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING 'l'enrplate Version l2ll 0/2020 DocuSign Envelope lD:. 7267 FCFE-26F94724-BS2Z-D46035D896FF Strrte ol Wnshingron Departntent ol'Ecology .A.grecrnent No: SWMLSWFA-2013-KiCoS\\|-(X)195 Projr.ct Title: P&l Kittitas Co S\V Rccipient Nanre: KITTITAS COUNTY SOLID WASTE Ilrtgc 22 of 25 a) RECIPIENT must satisfactorily demonshate the tirnely use of flnds by subrnitting payment requests .rnd pro-qress reports to ECOLOGY. ECOLOGY reserves the right to amend or tenrinate this Agreement if the RECIPIENT cloes not docunreut tirnelv use of furlds. b) RECIPIENT must sublnit a progress report with each payrnent request. Payment requests will not be proces.red rvithout a progress report. ECOLOCY willdefine the elements and ti'equency of progress reports. c) RECIPIENT shall use ECOLOCY's provided progress report tbrnrar. d) Quarterly progress reports will cover the periods fronr January I through March 3l, April I through June 30, July I through Septetnber 30, and October I through December 31. Reports shall be suburitted within thirty (30) days after. the end of the quarter being reported. e) RECIPIENT must submit withiri thirry (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, perfonnance, and other reporls required by the Agreernent and funding program guidelines. RECIPIENT shall use tlre ECOLOCY provided closeout report fomrat. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or in.r,ents any patentable properry rtnder this Agreement, the RECIPIENT may copyright or patent the saure but ECOLOGY retains a royalty fiee, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the nraterial(s) or properly, and to authorize others to use the same tbr federal, state, or local govenrment purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY infomrarion; prcsent papers' lectutes, or setninars involving infonnation supplied by ECOLOGY; or use logos, reports, tllaps, or other 6ata in printed reports, signs, btochures, pamphlets, etc., appropriate crecJit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOCY shall have the right to use or reprccluce any printed or.graphic materials produced in f'ulfilhnent of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknorvledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's cunent edition of "Administrarive Requirements for Recipients of Ecology Grants atld Loans," shall control the use and disposition of all real and personal ploperty purchased wholly or in part with f'unds hrrnished by ECOLOGY in the absence of state and fbderal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreernent. e) Personal Property Furnished by ECOLOGY. When ECOLOCY provides personal property directly to the RECIPIENT for use in perfonnance of the project, it shall be retumed to ECOLOGY prior to final paymenr by ECOLOGY. If said property is lost, stolett, or damaged while in the RECIPIENT's possession. then ECOLOGY sliall be reimbursecl in cash or by setoff by the RECIPIENT for tlre lair rnarket value of such property. f) Acquisition Projects. The following pmvisions shall apply if the project covered by this Agreemcnt inclucles fupds for tlre acquisition of land or facilities: I . RECIPIENT shall establish that tlre cost is fair value arrd reasonable prior to disbursement of funds provicled for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquirc title fbr each parcel prior to disburseprent of funds provided by this Agreement. Such evidence may include title insurance policies, Tomens certificates, or abstracts, and attomey's opinions establishing that the land is free frorn any irnpedirnent, lieu, or claim which wotrld impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not ar any time conveft any equipmeut, property, or facility acquired or developed under this Agreement to uses other than those fbr which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be contliticned upon paymenr ro ECOLOGy of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which rnonies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. Tenrphte Versiorr I 2/l 0/2020 Docusign Envelope lD: 7267 F CFE-26F94724-BSZ7-D46035D896FF Strte of \VashiDgton Depilnnrent olEcology ;\gtcement No: S\\TMLSWFA-2013-KiCoS\\I-()019j Praiect Titler P&l Kiuiras Co SW Rccipient Nanre: KITTITAS COUN'TY SOLID WASTE l)agc 23 of 2-5 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial recorcls relating to this Agreelnent, includipg arny eugineering documentatiotr and field inspection repofts of all constnlctiou work accontplislied. Alllecords shall: a) Be kept in a rnanner which provides an audit trail fbr all expenditures. b) Be kept in a conlnon file to f'acilitate audits and inspections. c) clearly indicate total receipts and expendihlres related to this Agreemenr. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washingtop, for a period of at least three (3) yeam after the final grant paymeut or loan repayment, or any dispute resol.rtion hereupcler. RECIPIENT shall provide clarificatiott and make necessary adjusturents if any auctits or inspections ideltify discrepancies ip the records. ECOLOGY reserves the right to audit, or have a designate<l third party auclit, applicable records to elsure that the state has beerr properly invoiced' Any remedies and per-ralties allowed by larv to recover monies cleterminetl owed will be entbrced. Repetitive instances of incon'ect invoicing or inadequate records may be considered cause fbr ternrinatiop. All work perfomred under this Agreement and any property and equiprnent purchased shall be rlrade available to ECOLOGy and to any authorized state, federal or local representative tbr inspection at any tilne during the course of this Agreernent ancl tb1 at least three (3) years following grant or loan termination or dispute resolution hereuncler. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable tirnes, i1r order to tnonitor aud evaluate perfonnance, compliance, and any other conditions under this Agreernent. 23, RECOVERY OF FLINDS The right of the RECIPIENT to retain tuonies receivecl as reimbursenlent paylneuts is contingent uporl satisthctory perfomrance of this Agreenrent and conpletion of the work described in the scope of work . All payments to the RECIPIENT are subject to approval and audit by ECOLOCY, apd any unauthorized expenditure(s) or. unallowable cost cltarged to this Agreement shall be leftuded to ECOLOCY by the RECIpIENT. RECIPIENT shall refund to ECOLOGY the full arr, ount of any enoneous payrneut or overyayrnent nnder this Agreernerrt. RECIPIENT shall refund by check payable to ECOLOGY the arnount of any such reduction of payments or repaylneuts ivithin tltirty (30) days of a written notice. Interest will accme at the rate of twelve percent (12%) per year from the tirne ECOLOGY demands repaynent of funds. Any property acquired under this Agreement, at the option of ECOLOGY, rnay becorne ECOLOGy's propedy and the RECIPIENT's liability to repay uronies r,vill be reduced by an aurount reflecting the fair value of such property. 24, SEVERABILITY If any provision of tlris Agreement or any provision of any docurnent incorporated by reference shall $e held invalid. such invalidify shall not aflect the other provisions of this Agreenrent which can be given effect rvithout the invalicl provision, and to this end the provisions of this Agreement are declared to be severable. 2s. sTlftE ENVIRONMENTAL pOLrCy ACT (SEPA) RECIPIENT mnst demonstrate to ECOLOGY's satisfaction that compliance with the requirernenrs of rhe State Envirolmenral Policy Act (Chapter 43.21C RCW and Chapter 197- I I WAC) have been or u,ill be rnet. Any reimbursernents are subject ro this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and u'ithout cause, suspend this Agreelrent or aly portion thereof for a temporary period by written notice fTom ECOLOGY ro the RECIPIENT. RECIPIENT shall resume perfornrance on the next business day following the suspension period unless another day is specifiecl by ECOLOGy. 'l'enrplate Versiou I 2/l 0/202() Docusign Envelope lD:. 7267 FCFE-26F94724-8527-D4603SD896FF Statc of Washingron Depa11merlt olEc<llogy Agrecment No: SWMLSWFA-203-3-KiCoSW-00195 Prqiect Tirle: P&l Kirtiras Co SW Ree'ipient Namc: KITTITAS COUNTY SOLID WASTE ['age 24 ot 25 27, SUSTAINABLEPRACTICES In otder to sust:rin Washington's llerural resources and ecosysterns, the RECIPIET{T is fhlly encoursged to implenreut sllstflinable practices and to purchase environulentally prefbmble ploducts under this Agreement. a) Strstainable practices lnay include such activities as: use of clean energy, use of clouble-sided printing, hostirrg lol,igrpact meetings, and setting up recycling and composting programs. b) Purchasing Inay include such items as: silstainably produced ploducts and seryices. EPEAT registered cornputers ancl irnaging equipment, independently certified green cleaning products. rernanufactured toner cartridges, products rvith reducecl packaging, offrce products that are refillable, rechargeable, and recyclable, 100% post-consumer recycled paper, ancl toxic free products. For urore suggestiolls visit ECOLOCY's web page, Grcen purchasiug, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing, 28. TERMINATION a) For Cause ECOLOGY tnay terminate fbr cause this Agreernent r.r,ith a seven (7) calendar clays prior tvritten notificatiorr to the RECIPIENT, at the sole discretion of ECOLOGY, for fhiling to pertbmr an Agreement requirement or fbr a material breach of any tenn or condition. If this Agreement is so tenninated, the parties shall be liable only for perfomrance rendered or costs incured in accordance with the terms of this Agreement prior to the effective date of temrination. Failure to Commence Work. ECOLOGY reseLves the right to tenninate this Agreernent if RECIPIENT fails to colmlence rvork on the project funded within four (4) months after the effective date of tlris Agreenrent, or by any date mutually agreecl upon in writing for cotnmencenrent of work, or the tirne period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingenr upon satisfactory perforurance by the RECIPIENT of all of its obligations under this Agreement. ln the event the RECIPIENT unjustifiably thils, in the opinion of ECOLOGY, to perfonn any obligation required of it by this Agreemenr, ECOLOGY may refuse to pay any further funds, tenninate in whole or in part this Agreement, and exercise any other riglrts under this Agreernent. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for darnages sustained by ECOLOGy and the State of Washington because of any breach of this Agreernent by the RECIPIENT. ECOLOGY rnay rvithhold payments for tlie purpose of setoffuntil such time as the exact alnorurt of damages due ECOLOGY fiom the RECIPIENT is detennined. b) For Convenience ECOLOGY may ternrinate for convenience this Agreement, in rvhole or in part, for any reason r.vhen it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so tenninated, the parties shall be liable only for performance rendered or costs incuned in accordance n,ith the terms of this Agreernent prior to the effective date of ternrination. Norr-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of firnding. In the event firnding f}om state, federal or other sources is withdrarvn, 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 elecl to tenninate the Agreement, in wltole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreenrent until ECOLOGY detennines the funding insufficiency is resolved. ECOLOGY may exetcise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of terminatiorl or suspension, ECOLOGY will reimbnrue eligible cosrs incurred by the RECIPIENT through the effective date of termitration or suspension. Reimbursed costs lnust be agreed to by ECOLOGY and tlre RECIPIENT. In no Tenrplate Version l2l l 0l2O2A DocuSign Envelope lD: 7267FCFE-26F94724-8522-D46035D896FF Stnte ol'Wnshington Deparlrnent of Ecolo-qy Agreemcnt No: SWMLSWFA-2023-KiCoSW-0019,5 Project Tirle: P&l Kiniras Co SW ltecipient Nanre: KITTITAS COLINTY SOLID UTASTE l'*ge 25 of25 event shall ECOLOGY's reimburselnent exceed ECOLOGY's total resporsibility under the Agreement and any flmend1tlents. If payments have been discontinued by ECOLOGY due to unavailable funcls, the RECIPIENT shall 1ot be obligarecl to repay monies which had been paid to the RECIPIENT prior to such terminarion. RECIPIENT's obligation to continue or complete the work described in tlris Agreenrent shall be contingent upon avaiiabiliry of funds by the RECIPIENT's governing body. c) By Muftral Agreement ECOLOGY and the RECIPIENT may tenninate this Agreentent, in whole or in part, at any tilne, by mutual wrilen agreeulent. d) In Event of Tennination All finished or unfinished docrunents, data studies, surveys, drawings, rnaps, models, photographs, reports or other materials prepared by tlte RECIPIENT under this Agreenent, at the option of ECOLOGY, will beconte prope$y of ECOLOGy and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory rvork completed 01such docnrnents and other materials. Nothing contained herein shall preclude ECOLOGY from denranding repayrnent of all ftrnds paid ro rhe RECIPIENT in accordance rvith Recovery of Funds, identified herein. 29. THIRD PARTYBENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreeurent, 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 Agreenrerrt is not a u'aiver of any subsequent default or breach, and will not be construed as a rnodification of tlte tenls of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Tenrplate Version t?/l 01202{)