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HomeMy WebLinkAboutDOE SWMCLCP-2123-KiCSW-00045DEPARTMENT OF ECOLOGY itite of Washington Agreement No. SWMCL CP -2123-KiCoSW-00045 SOLD WASTE MANAGEMENT COMMTJNITY LITTER CLEANT'P PROGRAM AGREEMENT BETWEEN TITE STATE OF WASHINCTON DEPARTMENT OF ECOLOGY AI\D KITTMAS COT'NTY SOLD WASTE This is a binding Agreement entered into by and betwecn the statc ofWashington, Department of Ecology, hereinafter referred to as "ECOLOGY," and KITTITAS COUNTY SOLID WASTE, hereinafter referred to as the'RECIPIENI," to carry out with the provided funds activities described herein. GENERALINFORMATION Frojcct Titlo: Total Cost: Toal Eligible Cost: Ecology Sharc: Recipient Share: Tho Effoctive Datc of thisAgrccment is: The Expiration Date of this Agreement is no later than: Project Typo: KiCoSW-00045 Litter and Illcgal Dump Cleanup and Prcvontion Project $77,000.00 $70,4M.00 $70,4M.00 $0.00 07l0lt202t 06t3012023 CLCPGrant Project Short Description: Littcr and lllegal Dump Cleanup and Prevention Projcct Proiect Lons Description: To remove littcr and illegally durnped material tom public lands and/or provide litter and illegal dump prevention cdueation to citizens and othcr organizations. The rocipicnt shall firmish thc neccssary personnel, equlprnent, mnterial and/or serviccs, and/or othcrwise do all things nocessary for or incidental to the performance of the scopc of work set forth hcrein. Overall Goal: The RECIPIENTs goal is to clean up road side litter and illegal dumps on county roads and public lands. Educate the youth of the cornrnunity about littor prevcntion. er..fWarmilIlu w @cclftUr fmoilV.o00|t Uorrrd:tltopl Frp Cleanup rnd Fnnmdo hqpot kNFlda *. Eg-@tJg's KTTTTNAS COUNTV SOLID WASTE NECIPMNTINFORIIATION OrynnizadonNano: KIflmAl$CCIIItrIfXYSO,XJDSIA.STS FcdmdtrhxD: D[n![S]tumbon IvtlflilagAdeosr PtvctodAdidrgr 0rga6.i$rdo0Smai,l: Gontrotr 91.@13{0 0,1'08@{47 9*tluiftmsMlf,sy &nffi$trlry,q#A$EnS6 9&!h&ut{rtW*y $Dmcbu4, Weh*!o6r 9$geg prd,rleooy@eo*td, r.w&.rru r-rryhl,ffi*e!*U$il Project Manager Patti Stacey Director 925 Industrial Way Ellensburg, Washington 98926 Email: patti.staccy@co.kittitas.wa.us Phone: (509)962-7542 Billing Contact Michele Darling OfficcAsst 925 Industrial Way Ellensburg, Washington 98926 Email: michele.darling@co.kittitas.wa.us Phone: (509')962-7542 Authorlzed Slgnatory Patti J Stacey Director 925 Industrial Way Ellensburg, Washington 98926 Email: patti.stacey@co.kittitas.wa.us Phone; (509)962-7542 Strte of Wrdinelm Dopcheot of Ecolog fuiewrtNo: SWMCICP-2I23-KICoSW40045 PmjectTitle: KiCoSW-00O15 Litterand lllegal Dump Cleanup and hevmtion Projcct RecipicntNann: KfmAS COI.JNTY SOLID WASTE Prgc 3 of22 Tcmplrte Vorsion lA rcn020 &etc of llhrhington Dcpstnc* of Ecohgl Agn'cnrent No: $WMCLC?-212!KiCoSW{0043 Project Titlc KiCoSW{n045 Litter and lllegal Dump Cleanup and Pr,evention R,oject Recipiart Name: KITITIAS COUNTY SOLID WASTE ECOLOGY INFORJ\{ATION MailingAddress:Department of Ecology Solid Waste Management PO BOX 47600 Olymprq WA 98504-7600 Fhysical Address:SolidWastc Managcment 300 DesmondDrivc SE l-acey,WA98503 Contacts W{ofn ProJect Manager RodHankinson 1250 WAlder St. Union Gap, lVashington 98903-0009 Email: rhaa46l @ecy.wa.gov Phone: (509)4063999 Flnanclal Manoger Rod Hankinson 1250 WAlder St. Union Gap, lVashington 98903-0009 Emait rhan46l@ecy.wa.gov Phone: (509)406-3999 Tcmpletc Venion lU I 012020 Strte ofWrc[iubn Doputncot of Eoobgf AgrcomantNo: SWMCI,CPAIx .Ki'CoSW{0045 Ihoject 1i&: KiCoSW-000,45 Litter ond lllegd Dump Cleanup and hrrvention PmJcct RecipicntNamc: KITITIASCOUNIYSOLIDWASTE hgs 5 of22 AUTIIORTZING SIGNATT'RES RECIPIENT agrees to fumish the necessary persoruiel, equipment, materials, services, and otherwise do all things necessary for or incidenal to the performance ofwork as set forth in thisAgreement. 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. Furthermore, the RECIPIENT has read understood, and accepts all rcquirements contained within thisAgreement. This Agreemcnt contains the e,ntirc understanding bctwcen thc parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, hercin. No subsequent modifications or amendments to this agrcement will bc of any force or effect unless in writing, signed by authorizcd represcntatives of the RECIPIENT and ECOLOGY and made a part of this agreemont. ECOLOGY and RECIPTENT may change their respective staffcontaots 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 approv€d. The signatories to this Agreemont represent that they havc the authority to execute this Agreement and bind their rcspective organizations to this Ageemont. Washington State Deparhent of Ecology KITTITAS COT,.INTY SOLID WASTE Patti J Staoey Dircctor By:By: Dlgitally signed by Laurie Davles Date: 2o2l.lt.22 I617S8 .08'00' DateLaurie Davies SolidWaste Management Program Manager TemplateApproved to Form by Attsmey General's Office DatG Tomplare Vurioa lU l0n020 tan of !ft ehpn Errmnmof &dml rt6natu*No: Eml6f,GD.tltt KlSE$t00Off Fr{edlttler fcCo8w.00045 Llttorud lhgd Dunp Clernrry mdPrsratui Pojecr RecipientNanic KITITASCOUNTYSOLIDWASTE hSc6oft2 BrettWachsmith Chair,ofCounty Commissionsn Date frm$rltbnhnl,s!@80 $trtc of$rrrbinson Deoeruroil of Eaohgy furceurentNo: $WMCICP-2123-KICoSW-00045 Pmjectfitle: KiCoSW{0045 Litter and lllegal Dump Cleanup and Prevcntion Pmject Recipicnt Nanrc: KITffiAS COUNTY SOLID WASTE ?age? of?ll SCOPE OFWORK ThskNumber: I Task Cost: $66,904.00 TaskTitlE:Litter Pickup and lllegal Dump Cleanup Tirsk DescrioJion: The RECIPIENT will be hiring a Crew Supewisor for the surnmer months, June thru August. This supervisor will take out a four member Youth Crew to clean County Roads. The crew supervisor will coordinate with Publio Works Maintenanse, and the Solid Wastc Directorto identify problem roads and areas in need of cleanup in Kittitas County. The RECIPIENT win work with Cental Washington University (CWU) and their students during the Yakima River Cleanup Project. This event brings 200 plus CWU students and local residents together to clean up the public lands along the Yakima River, SR82l, Highway 10, CmJ Campus and County roads leading to the Yakima river recreational areas. In addition, the RECIPIENT support other local groups, which have cleanup events in the community. These groups include Easton Memorial Day cleanup and the Kittitas County Field and Stream Illegal dump clcanup on public lands. The RECIPIENT will have stafftraining in order to oversee an Inmate crew. This option will be used during the months when the Youth Crew is unavailable. The RECIPIENT will continue to work with Youth and other Volunteer Groups to support Litter Cleanup in the community. Eligible Costs: Crew Supcrvisors and Youth Crcw salaries and bencfits, vehicle maintenance, frrel, littcr bags, litter pickcls, litter disposal, safety equipment snd any other supplies or minor equipment purchases nece$ary to do the job, as long as the purchase meets the requlrcments set forth in the CLCF guidelincs. Task Goal Statcmcnt: RECIPIENT'S goal is to remove litter and illegally dumped material from public lands and road ways. Providc littor and illegal dump prevention education to citizcns of Kittius County. Task Exoected Outcome: For Litter Pickup and lllegal Dump Cleanup * ll00 Road Miles to be cleaned 7500 Acres to be cleaned l0 lllegal dumpsites to be cleaned 1,000 Pounds of material recycled 75,000 Pounds of litter collccted 1,000 Pounds of debris from illegal dumps 1,000 Supervisor Hours 2,600 Total Crew Hours TomptatoVatlon Wrcn02fi frrlffimenDcranmofffinr 4$rcmmtHo: Pmjwtttrlc:KffloSSt 00013 Lercr utd llNirgsl hmp Clcenup ud Plgvoa&n Prdo{t ilrl*a RecipiontNamo:KITMAS COUNTY SOLID WA$TE RscipionqTa$kQqprdinato$ PattiSacey Lltter Flckup and lllegal Duurp Cleanup Dellvcrnblcs NunD,er Dororlpffon DuoDate 1..1 Tbskeryootad Oot0o!06t $u thc detrvenlble md a6trsll6d hssrunlot*[y throudbout &abiounim. fuudro'ltbqtonRfl{&l@O Strto ofWrrhlnclon Doorunont of Ecolo8t Agrecrnent No: SWMCI.CP-2123-KiOoSW{X|045 Project fitle: KICoSW{[045 Lircr and lllegal Dump Cleanrp and Prcvention Project RccipicntName: KITTITASCOU.ITYSOLID$,|ASIE Fagc 9 oft2 SCOPE OFWORI( ThskNumber: 2 Task Cosh $3,500.00 TaskTitle:Litter and lllegal Dump Education Tilsk Descriotion: RECIPIENT will develop and distribute anti-littering, secur€ your load and illegal dumping education materials to the citizens of Kittitas County at the transfer station, commrmity events and scheduled cleanups throughout the grant period. TaskGoal Satement: RECIPIENT goal is to provide litter and illegal dump prcvention education and outreach to the citizens of Kittitas County to decrease the amount of littering in Kittitas County. Task Expected Outcome: A5-l0o/o decrease in litter on County Roads and t20Yo increase in securcd loads ooming through the transfer sbtion. Recipient Task Coordinator: Patti Sacey Lltter and Illegal Dump Education Deliverables Number Descriptlon DueDate 2-1 Task Expected Outcomes arc the deliverables and achieved inorementally throuehout the biennium. Tcmphtc Vcrsion lA rc12020 $rsco of Uh$ington Dcprtnen of Eeolo6r Agrccmcnt No: 8WMCLCP.2I23-KICoSW{00|J hoject Tiitle KiCoSW{0045 Liser and l[egsl f}ump Cleanup and hevention Project RccipicntNamc: KITTITASCOUNTYSOLIDWASTE BI]DGAT Funding Distrlb utlon F'G220215 NOTE: The abovefunding distibution numbet is used to idenffi this speciJic agreement and budget on paynent remittances and may be referenced on other communicationsftom ECOLOGY. Your ageement may have muhiple funding distrtbufion numbers to idenffi each budget. F4s l0of2? FundingTitle: KiCoSW Litter and lllegalDumF Cleanup Profundinglpe: Funding Effectivc Date: 07l0lA02l Funding Expiration Date: Funding Source: Titlc:Waste Reduction, Rccycling, and Litter Conrol Account (WRRLCA) 2123 Grant 06/3,0no23 Fund: Tlpe: Funding Source %: Description: Statc l00o/o Community Litter Clcanup Program Indiroct Costs Ratc: Approved State Indirect Rate: 07o Recipicnt Matcho/o: N/o InKind InterlocalAllowed: No InKind OtherAllowcd: No Is this Funding Disribution used to match a federal grant? No Total: $ 70,404.00 KiCoSW Lltter and lllegal Dump Cleanup ProJect TaskTotal LitterPickup and Illegal Dump Clbanup $ 66,904.00 Litter and Illegal Dump Education $ 3J00.00 TcmphnVorslon lM0n020 Strtc ofSt$biittoo Deputmont of Ecolqy AgrecnortNo: SWMCLCP-2123-KiCoSW-0(M5 hoject Title KiCoSW-0045 Liner ad Illegal Dump Cleanup and h,orcntion Project RccipientName: KITIITASCOUNTYSOLIDWASTE lrgc lt of2ll Funding Distribution Summarv Recipient / Ecologr Share AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS Grant administrative costs are limited to l0 percent of grant approved q(penditures, excluding Tools and Trucks. Administrative costs for Tools and Trucks are not allowed under this grant progam. RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial (including paynent requests), performance, and otherreports required by thisAgreement. ECOLOGY shall havc the right to denyreimbursement of payment requcats reccived after this date. Ecology will conduct a risk assessment of all Community Litter Cleanup Program recipients. The level of risk determines the level of ovcrsight required by Ecology throughout the biennitm. If the recipient's performance or project circumstances change, Ecology tnay reassess risk and noti$ the recipient of any changes to administative requirements. GENERAL FEDERAL COI\DITIONS If a portlon or all of the funds for thls agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICAflON REGARDING SUSPENSION. DEBARMENT. INELIGIBILITY OR VOLT'NTARY EXCLUSION: l. The RECIPIEM/CONTRACTOR, by srgning this agreemcnt, certifies that it is not suspended, debaned, proposed for debamrent, declarcd incligible or othenilise excluded from contracting with the fcderal govcmment, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the ccrtification, they must providc an explauation as to why thcy cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR leams that its certification was eroneous when submitted or had become enoneous by reason of changcd circumstances. 3. The terms covcr€d ransaction, debarred, suspended, ineligible, lower tier covered Eansaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the srsaning set out in the Definitions and Coverage sections ofrules implementing Executive Order 12549. You may contact ECOLOGY for assistancc in obtaining e copy of thooo rogulatione . TemplateVenion l?rcnfin Funding Distributlon Name Recipient Match 7o Recipient Share Ecology Share Total KiCoSW Litter and lllegal Dump Cleanup Projcct 0.00 %$0.00 $ 70,404.00 $ 70,404.00 Total $0.00 $ 70104.00 $ 70,404.00 Soa of Wr$hgloo Doperunort of Xcology AgrecmentNo: SWMCICP-2123-KiCoSW{XM5 Project Titls KiCoSW-00045 Liner and lllcgal Dump Cleanup and hwention Project RecipicntNarne: KITITIASCOUNTYSOLIDWASTE Pagc 12 of22 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 further agrees by signing this agreement, that it will include this clause titled .CERTIFICAflONREGARDING SUSPENSION, DEBARMENT,INELIGIBILITYORVOLIJNTARY EXCLUSIOIf'without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, thc RECIPIENT/CONTRACTOR is rcsponsiblc for cnsuring that any lower tier covered tansaction complies with certification of suspension and debarrrent requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may rezult in the detay or negation of this funding agrecment, 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 recipicnts or contractors, are not suspended or debaned and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOI'NTABILITYAND TRANSPARENCYACT (FFATA) REPORNNG REOUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFAIA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY Any CONTRACTOR/RECIPIENT that meets each of the sriteria below must report compensation for its five top executives uslng the FFAf,AData CollectionForm. Receives morc than $25,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFAfrA Data Collection Form. Ecology is required to report the FFATA information for federally flrnded agreements, including thc required DIJNS number, at www.fsrs.eov <http://www.fsrs.eov/> within 30 days of agrcement signature. The FFAIA information will be availablE to the public at www.usaspending.gov <http://www.usaspendine.sov/>. For more details on FFAfrA requirements, see www.fsrs"eov <http:/Ailww.fsrs-sov/>. C. FEDERAL F{,,NDING PROHIBITION ON CERIAIN TELECOMMT,MCATIONS OR VIDEO SURVEILLA}\ICE SERVTCES OR EOUIPMENT: As required by 2 CFR 200.2l6,federal grant or loan recipients and subrecipients arc prohibitcd from obligating or expcnding loan or gnnt funds to: l. Procureorobtain; 2. Extend orrenewa contract to procure orobtain; or 3. Entcr into a confact (or extend or lenew a contact) to procure or obtain equipment services, or systems that use Tornplatc Vcrsion lA rc12020 St to ofW.sbitrgton D€p.fimott of Dcology Agrecnrcnt No: SWMCICF-2123-KiCo$W{XD45 ProjectTitle: KiCoSW-00045 Litterand Illegrl Dump Clcanup and Prcvention Project RccipicntNamc: KITIITASCOTNTYSOLIDWASTE lrge lt of2il covered telecommunications equipment, video surveillance services or seffices as a substantial or essential component of any system, or as critical technology as part of any system- As described in Pubtic Law ll5-232 <https://www.govinfo.gov/content/pkg/PlAW-l l5publ232/pdflPlAW-l l5publ232-ndF, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or7-TE Corporation (or any subsidiary or affiliate of zuch entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certainprohibited equrpment, systems, or services, including equipmcnt, systems, or scrviccs produccd or providcd by cntitics idcntificd in section 889, are recorded in the System forAward Manaeernent (SAM) <https://sam.sov/SAlv{i> exclusion list. Tcmplate Vorsion l?tM020 $trte of Werhington Dcgmsn of Ecobgy AgrccurcntNc SWMCLCP-2123-KiCoSW{XD45 Pr,oject Title: KiCoSW-00045 Litter and lllegal Dump €leanup and Prwcntion Project RccipientName: KITITIASCOLJNTYSOLIDWASTE Prgc 14 of22 GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS A}ID CONDITIONS For DEPARIMENT OF ECOLOGY GRANTS and LOAI.IS 0612412021Version 1. ADMIMSTRATTVE REQT.'IREMENTS a) RECIPIENT shall follow the "Administrative Rcquirements for Recipients of Ecology Grants and Loans - EAGL Edition." (htps ://fortress.wa. gov/ecylpublications/SummaryPages/ I 70 I 004ntml) b) RECIPIENT shall complete all activities funded by this Agreement and be firlly 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 reseryes the right to r€quest 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 AI{D MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment cxecuted by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or efrect unless in writing and signed by authorizcd representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staffcontacts and administrativc information without the concurrence of either party. 3. ACCESSTBILTTYREQT.JTREMENTSFORCOVEREDTECHNOLOGY The RECIPIENT must comply with the Washington State Office ofthe Chief Information Officer, OCIO Policy no. 188, Accessibility (https://ocio.wa.govlpolicy/accessibility) as it relates to'tovered technology." This requirement applies to all products supplied under theAgreement, 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 clectronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICALAI{D CI.IXT'RAL RESOIJRCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/stnrctures, faditional cultural places, sacred sites, or other cultural resources, hercby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbe4 or damaged due to the RECIPIENT's project funded under this Agrcement. RECIPIENTshall: a) Contact the ECOLOGY Program issuing thc 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 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, complywith Governor Executive Order2l-02, Archaeological and Culnrral Resources. Templae Vcrslon lA rcn020 $oro of Slrrhington Depiltnent of Ecobgy Agrccment No: SWMCLCP-2123-KiCoSW40045 Pmjcctfitle: KiCoSW{n045 Littcrand lllegal Dump Cleanup and Prevention Pmject Recipicnt Namc: KTIITAS COUNTY SOLTD WASTE Foge 15 of22 . Forprojects with any federal involvement, comply with the National Historic PreservationAct of 1966 (Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (DP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: . Keep the IDP at the project site. . Make the IDP readily available to anyone working at the project site. . Discuss the IDP with stafi, volunteers, and contractors working at the projcct sitc. . Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Rcsources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. . Immediately stop work and noti$ the ECOLOGY Program, who will notifr the Deparment ofArchaeology and Historic Preservation at (360) 586-3065, any afected Tribe, and the local govemment. d) If any human remains are found whilc conducting work under this Agreement, follow the protocol outlined in the project IDP. . Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, tbe 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 Cultrual Resources and human rcmains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreemcnt shall be hansfcrred or assigncd by the RECIPIENT. 6. COMMUMCAflON RECIPIENT shall make every efort to maintain effective communications with the RECIPIENT's designecs, ECOLOGY, all affected local, state, or federaljurisdictions, and any interested individuals or groups. 7. COMPENSAflON a) Any work performed prior to effective date of this Agreement will be at the sole erpense and risk of the RECIPIENT. ECOLOGY must sign the Agreement bcfore 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 cligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expendinre. 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 instuctions for submitting payment requcsts. f) 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 payrnent you must register as a statewide vendor by submitting a statewide vcndor registration form and an IRS W-9 form at website, htps://ofoi.un.gov/it-systoms/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contract Statcwide Paycc Help Desk at (360) 407-8180 or email PayeeRegistration@ofui.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 ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGYs sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as spccified horein. Tonrplate Vcrsion lA 1V2020 Srrte of Wrsbington Deparunon of Ecolojy Agreement No: SWMCLCP-2123-KiCoSW-O|XX5 Project Titlc: KiCoSW-ffifiS Litter and Illegal Dump Cleanup and Prcvention Project RecipientName: KITTITASCOUNTYSOLIDWASTE Pqe 16ofZl j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, pertbrmance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, ordeni, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policics of the United Statcs and the State of Washington which affect wages and job safety. b) RECIPIENT agre€s to be bound by all applicable federal and state laws, regulations, andpolicies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements- d) RECIPIENT agrees to s€cure 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 pennit 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 reguirements. 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. CONFLICTOFINTEREST RECIPIENT and ECOLOGY agree that any ofrcer, member, agent, or employee, who exercises any firnction or reqponsibility in thc review, approval, or carrying out of this Agreemcnt, shall not havc any personal or financial interest, direct or indirect, nor a{fect the interest of any corporation, partnership, or association in which he/she is a part, in this Agrcenent or the proceeds thereof. IO. CONTRACTINGFORGOODSANDSERVICES RECIPIENT may contract to buy goods or services related to its performancc under this Agreement. RECIPIENT shall award all contracts for construction, purchase ofgoods, equipment, services, and professional architectural and engincering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECTPIENT 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 contacts under this Agrcement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any cosB incurred as a result of procurement practices not in compliancc with statc procurement law or the RECIPIENTs normal procedures may be disallowed at ECOLOGY's sole discretion. 1I. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agrcement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIFIENT notifies the funding progmm 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) ECOLOGY sends a written answer within ten (10) business days, unless more timc is needcd, aftcr concluding thc rcview, Tcmplatc Version lA I U 2020 Sbts of Wrshirgtst Doputncot of Ecolog5/ Agrcoment No: SWMCLCP-2123-KiCoSW{XX!45 Project Title: KiCoSW-00045 Litter and lllegal Dump Cleanup and Prcvention Project RccipientNamc: KITTITASCOUNTYSOLIDWASTE Pgc 17 of2il The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of zuch decision, the RECIPIENT fumishes 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 Directot's decision will be brought in the Superior Court of Thurston County. Review of thc Director's dccision 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 accordancc 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. EIWIRONMENTAL DATA STAI{DARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmcntal measurement data. RECIPIENTS unsure about whether a QAPP is rcquired 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) ofticer or the Program QA coordinator insfucts otherwise. . Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Flans for Environmental Studies, July 20M (Ecology Publication No. O{-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 collectcd on a projcct to ECOLOGY using the Environmental Information Management system (EnU), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: h@ ://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 andAccessing GIS Data are available at: https://ecology.wa.gov/Research-DatalData-r€sources/Geographic-Information-Systems-GlS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be govenred by the laws of the State of Washinglon, and the venue of any action brought hereunder will be in the Superior Court ofThurston County. 14. INDEMNIFICAf,ION ECOLOGY 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 Scopc of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemni$ and hold the other harmless from and against any liability for any or all injuries to persons or property arising ftom the negligent rct or omission of that party or that party's agents or employees arising out of thisAgreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continuc to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Temphtc Vorsion lU rcn020 Sur ofWrshington Dcpannoil of Ecotogy AgrecmcorNo: $WMCI"CP2I23-KiCoSW{XD45 Project Title: KiCoSW-{MXS Litter and lllegal Dump €lcanup and hrevention hojcct RecipientName: KITIITASCOUNWSOLIDWASTE Page lE of2ll 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to br receive any fee, commission, or grft in return for award of a subconhact hereunder. 17. MINORTTYAND WOMEN'S BUSINESS 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 conhacts 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) Esablish 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 Office of Minority and Women's Business Enterpriscs (OMWBE) (866-208-1064) and the Oftice 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) TheAgreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or tcrms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecolory Grants and Loans"; (D Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTAilON AI.ID PROMOTIONAL MAIERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distibution. 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 tangiblc products developed. Copies include any printed materials, and all tangible producB developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgcb with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and trvitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) 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 thisAgreement. 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 Templatc Version W I 0n0m Suto of Washington Deparbront of Ecologr Agrecment No: SWMCLCP-2123-KiCoSW-OO45 Project Titlc: KiCoSW40045 Littcr and lllcgal Dump Cleanup and Prevention Project Recipicnt Name: KITTITAS COUNTY SOLID WASTE Prgc 19 of22 a) RECIPIENT must satisfactorily demonshate the timely use of funds by submitting payment requests ard pmgress reports to ECOLOGY. ECOLOGY reserves the right to amend or temrinate this Agreement if the RECIPIENT does not document timelyuse of funds. b) RECIPIENT must submit a progress report with each payment request. Pa5rment 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 providedprogress report format. d) QuarterlyprogressreportswillcovertheperiodsfromJanuary I tbroughMarch3l,April I throughJune30,July l through September 30, and October I through December 31. Reports shall be submitted within thirry (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, performance, and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGYprovided closeout report format. 21. PROPERTYRIGHTS 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) orproperty, and to authorize others to use the same for federal, state, or local govemment purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; 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 Matcrials. ECOLOGY shall havc the right to use or r€produce any printed or graphic materials produced in fulfilbnent of this Agrcement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the rnatcrials. d) Tangible Property Rights. ECOLOGYs current edition of 'Administrative Rcquirements for Recipients of Ecology Grants 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, orupon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to thc RECIPIENT for use in performance of the project, it shall be retumed to ECOLOGYprior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoffby tbe RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall Establish that the cost is fair value and reasonable prior to disbursemcnt of firnds providcd 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 policies, Torrens certificates, orabsEacts, and attomey's opinions establishing that the land is free from 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 dcveloped under this Agreement to uses other than those for which assistrance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the 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. Templrte Version l2l rc n020 Strto ofWrshington Deparunent of Ecolojy AgmermntNo: $WMCITC?4123-KiCoSW.{XX|45 Pmjcct Titlc: KiCoSW{O{S Lincrand Illcgal Dump Clcanup and hevcntion Pr,ojcct RecipientName: KTTITASCOUNTYSOLTDWASTE F4e 20 of2:l 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. All records 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 ECOLOGY, or by any duly authorized audit representative of the Sate of Washington, for a period ofat least three (3) years after the final grant payment or loan repaymen! or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audis or inspections identiff discrepancies in the records. ECOLOGY reserves the right to audit, or have a desienated third party audit, applicablc rccords to cnswe that the state has been properly 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 temrination. 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 providc right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performancg compliance, and any other conditions under this Agreement. 23. RECOVERYOF FT.JNDS The right of the RECIPIENT to retain monies received as reimbursement palanents is contingent upon satisfactory performance of thisAgreement and completion of the work described in the Scope ofWork. All paynents to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to thisAgreement shall be refunded to ECOLOGYby the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any eroneous payment or overpa',ment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repa1ments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve perdent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under thisAgreement, 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 Agrcomcnt or any provision of any document incorporatcd by rcfcrcnce shall bc held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVTRONMENTAL POLTCYACT (SEPA) RECIPIENT must demonsfrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental PolicyAct(Chapter43.2lCRCWandChapterl9T-llWAC)havebeenorwillbemet. Anyreimbursementsarcsubjectto this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, zuspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume pcrformancc on the next business day following the suspension period unless another day is specilied by ECOLOGY. Ternptete Vcrsion lA nnO2A $bE of Wesbirytm Dcprrtmcnt of Ecolojy AgrecnrcntNo: SWMCrcPtl2!'KiCoSW{XX}45 hojcct fitle KiCoSW-0(X)4s Litter and lllegal flump Cleanup ard Prwention Pmjcct RccipicntName: KITTITASCOUNTYSOLIDWASTE Prgs2l of22 27. SUSTAINABLEPRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fulty encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainablepractices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recychng and composting programs. b) Purchasing may include such items as: sustainably produced producrc and services, EPEAI registered computen and imaging equipment independently cortified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. Formore suggestions visit ECOLOGY's web page, Green Purchasin8i, https://ecology.wa.govlRegulations-Permits/Guidance-technical-assistance/Sustainable-pwchasing. 28. TERMINATION a) ForCause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at lhe 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 bc liable only for perfonnance rendered or costs inc,urred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project firnded within four (4) months after the effective date of this Agreement, or by any date muhrally agreed upon in $'riting for commcncemcnt of work, or the time period dsfmsd u'ithin 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 Agreernent. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to pcrform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in wholc 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 this Agreement by the RECIPIENT. ECOLOGY may withhold paym€nts for the purpose of setoffuntil such time as the exact amount 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 ECOLOCY, with a thirty (30) calcndar days prior written notification to thc RECIPIENT, exc€pt as noted below. If this Agreement is so terrrinatcd, the parties shall be liable only for performance rendered or costs incuned in accordance with the 1"*6 ef 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 ftnding from state, ffieral 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 theAgreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agrecment until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY 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 tennination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the efrective date of tcrmination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIIJNT. tn no Template Version lA rcn020 $orc of$rrrhiryton Deprrtnent of Eologr AgrceootNo: SWMCTCP-2123-KiCoSW{0045 Poject Tide: KiCoSW{Xn4s Littcr and lllegpl Durp Cleanup ad hevcnrion Project RecipientNamc: KITTITASCOUNTYSOLIDWASTE Wc22oft2 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, lhe RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such temfnation. RECIPIENT's obligation to continue or complete the work described in thisAgreement shall be contingent upon availability of funds by the RECIPIENTs governing body. c) By MutualAgreement ECOLOGY and tho RECIPIENT may tcrminate this Agrecmcnt, in whole or in parl at any time, by mutual written agreement. d) In Event ofTerurination All frnished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prcparcd by thc RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOTOGY and the RECIPIENT shall be entitled to reccive just and cquitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained hercin shall preclude ECOLOGY from demanding repalnnent 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 Agreem€nt, the state of tffashington is namcd as an cxprcss third party beneficiary of such subcontacts with full rights as such. 30. WAIVER Waiver of a default or broach 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 ofthis Agreement unlcss stated as zuch in uniting by the authorized representative of ECOLOGY. End of General Terms and Conditions Templato Vcrslon lA rcn020