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HomeMy WebLinkAbout032017_ca02Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director/County Enginee Agenda Date: March 20, 2017 Subject: Coordinated Prevention Grant Amendment No. 1 Statement of Issue: Ecology has selected Jefferson County to receive a budget increase to its Coordinated Preventions Grant Number W2RCPG-1517-JCPWSW-00014 from monies de -obligated from Pacific County's implementation agreement: $23,625 state share. An additional $975 is included from de -obligated funds from the Northwest Region Office. Amendment No. 1 has been prepared by Ecology staff for signature by Jefferson County. Analysis/Strategic Goals/Pro's ft Con's: Grant funds are used to support Jefferson County's recycle services provided by Skookum Contract Services. Waste reduction through recycling, prevention and public outreach are goals in both the Washington State and Jefferson County solid waste plans. Passage of Citizens Initiative 97 placed a first possession tax on hazardous materials in Washington State. Those funds are made available to Washington's counties through the CPG Program. Fiscal Impact/Cost Benefit Analysis: Adoption of Amendment 1 effectively uses $8,200 of already -budgeted recycle services funding to document the required 25% local match and to receive an additional $24,600 of grant funding. Recommendation: Approve Amendment 1 Department Contact: Jerry Mingo, extn. 230 Review By: Philip Morley, County Administrator Date Memorandum To: Grant reviewers and signat 'es From: Jerry Mingo, extn. 230/. Date: March 7, 2017 Re: Grant Amendment No. 1 Signature block and pagination Jefferson County Department of Public Works 623 Sheridan St. Port Townsend, WA 98368 (360) 385-9160 Monte Reinders, P.E. Public Works Director/County Engineer Amendment No. 1 to the 2015-17 Coordinated Prevention Grant was written with the use of the Washington Department of Ecology's grant management software. The software did not produce a correct signature block reflecting the current Chair, and the segmented the block by spilling onto an additional page. Pages 5 and 6 of the amendment were rewritten in public work to correct these problems. The signature block heading reads "Jefferson County Public Works" as produced by Ecology's software, and was left in place to be consistent with the original agreement. DEPARTMENT OF coo"ECOLOGY State of Washington AMENDMENT NO. 1 TO AGREEMENT NO. W2RCPG-1517-JCPWSW-00014 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC WORKS PURPOSE: To amend the above -referenced agreement (AGREEMENT) between the state of Washington Department of Ecology (ECOLOGY) and Jefferson County Public Works (RECIPIENT) for the 2015-17 CPG Jefferson Co PW IMP (PROJECT). This amendment is a budget increase using de -obligated funds from other agreements in Ecology's southwest and northwest regions. The outcomes were corrected to estimate total outcomes expected from the period covered by grant dollars. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Total Eligible Cost: Original: 74,249.33 Amended: 107,049.00 Project Short Description: Original: Jefferson County Public Works, Solid Waste Division will spend $74,249 which is only a portion of the costs to continue recycling services to county residents over the two year grant period and expects 7,650 tons of recyclable material will be diverted from the landfill. Amended: Jefferson County Public Works, Solid Waste Division will spend $107,049 which is only a portion of the costs to continue recycling services to county residents for a six month period and expects 2,400 tons of recyclable material will be diverted from the landfill. CHANGES TO SCOPE OF WORK Task Number: 1 Task Cost: $107,049.00 Task Title: RECYCLING PROGRAM Task Description: RECIPIENT will continue recycling services to county residents through an existing contract with Skookum Educational Services for operations of a recycle center and six collection sites and to collect, process and market Version 10/30/2015 State of Washington Department of Ecology Jefferson County Public Works 2015 17 CPG Jefferson Co PW IMP Project Agreement No W2RCPG-1517 JCPWSW-00014 AtnendmenLNu 1 recyclables participation in E cycle WA and LightRecycle Washington stewardship programs offering the aluminum can buy back program and a document shredding service The two-year cost of this task far exceeds the budget provided in this grant agreement RECIPIENT expects to deplete the grant budget in six months RECIPIENT staff may participate in trainings workshops and or affiliations in order to stay current with emerging solid waste issues The cost of memberships in civic business technical and professional organizations are allowed to the extent they are covered in the overhead rate If RECIPIENT does not charge overhead to this task, it may direct bill for memberships pre -approved by ECOLOGY Reimbursement of costs incurred by contractors to implement CPG funded activities identified under this task are subject to the same eligibility and reimbursement requirements as the RECIPIENT and require ECOLOGY approval Costs incurred for recycling or disposal of mercury containing lights accepted by the LightRecycle Washington Program and recycling or disposal of intentionally crushed memory -containing lights are not eligible t,vsts under this task Costs related to advertising education and outreach, and related materials to promote this task are provided by Public Health through a separate grant agreement and are not eligible costs under this grant agreement The following list is a general proposal of the time and materials necessary to complete the task Invoices and time accounting submitted with RECIPIENT s request for reimbursement must support eligibility of expenses Staff time - program development, monitor contracts purchases and purchased services - recycling and disposal services of collected material operations costs contracted services — Skookum Educational Services Task Goal Statement The goal of this task is to continue to provide County residents with opportunity to recycle and reduce the amount of material going to the landfill Task Expected Outcome RECIPIENT expects to divert 2 400 tons of recyclable material from the landfill over a six month period Recipient Task Coordinator Jerry Mingo Deliverables Page 2 of 6 Number Description Due Date 1 1 Recycling program operations/contract management 12 Submit copies of contracts to ECOLOGY prior to ECOLOGY approval of contractor -related costs 13 Track and report tons recycled 14 Calculate and report recycling and diversion rates CHANGES TO THE BUDGET Version 10/30/2015 State of Washington Department of Ecology Jefferson County Public Works 2015 17 CPG Jefferson Co PW IMP Project Agreement No W2RCPG-1517 JCPWSW-00014 Amendment No 1 Funding Distribution EG160291 Funding Title Jefferson County PW IMP Funding Type Grant Funding Effective Date 07/10/2015 Funding Source Title Type Funding Source % Description Funding Expiration Date 06/30/2017 State Building Construction Account (SBCA) State 100% Approved Indirect Costs Rate Approved Rate Negotiated Between ECOLOGY and RECIPIENT 25% Recipient Match % 25% InKmd Interlocal Allowed No InKmd Other Allowed No Is this Funding Distribution used to match a federal grant9 No Jefferson County PW E%P Task Total RECYCLING PROGRAM $ 107 049 00 Total S 107,049 00 Version 10/30/2015 Page 3 of 6 State of Wastungton Dcpartmcnt of Ecology Jefferson County Public Works 2015 17 CPG Jefferson Co PW IMP Project Agreement No W2RCPG-1517 JCPWSW-00014 Amendment No I Fundme Distribution Summary Recipient / Ecology Share Page 4 of 6 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Jefferson County PW IMP 25 % $ 26 762 25 $ 80 286 75 $ 107 049 00 Total $ 26,762 25 $ 80,286 75 $ 107,049 00 Version 10/30/2015 State of Washington Department of Ecology Jefferson County Public Works 2015 17 CPG Jefferson Co PW UVIP Project Agreement No W@RCPG 1517 JCPWSW 00014 Amendment No 1 AUTHORIZING SIGNATURES Page 5 of 6 All other terms and conditions of the original Agreement including any Amendments remain in full force and effect, except as expressly provided by this Amendment The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment This amendment will be effective 01/01/2017 IN WITNESS WHEREOF the parties hereto having read this Amendment in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto Washington State Department of Ecology By Laurie Davies Date Waste 2 Resources Program Manager Jefferson County Public Works Kathleen Kler Date Chair Board of County Commissioners David W Sullivan, Member Date Kate Dean, Member Date State of Washington Department of Ecology Jefferson County Public Works 2015 17 CPG Jefferson Co PW IMP Project Agreement No W@RCPG 1517 JCPWSW-00014 Amendment No 1 Page 6 of 6 This page intentionally left blank. Departmei .,c of Public Works O Consent Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To Board of Commissioners Philip Morley, County Administrator From Monte Reinders, P E Public Works Director County Engineer Agenda Date December 072 2015 Subject Agreement with Dept of Ecology, Coordinated Prevention Grant Agreement W2RCPG-1517-JCPWSW-00014 Statement of Issue The Department of Ecology's Coordinated Prevention Grant (CPG) program provides financial assistance to counties to help implement solid waste management plans and programs The program is authorized through the Model Toxics Control Act (Chapter 70 105D RCW) Analysis/Strategic Goals/Pro's Et Con's The Grant provides partial funding for the County's recycling program for the 2015 2017 biennium Over the next two years a total of $55,687 00 in grant funds will be provided towards the recycling program from the State with local matching funds for the program from the Solid Waste budget The project contributes to County Goal #3 by supporting sustainable resource utilization, and County Goal #9 by seeking non local sources of revenue Fiscal Impact/Cost Benefit Analysis Funding of the recycling program through this state grant over the next two years provides a significant contribution to Public Works solid waste operations budget Required matching funds are included for the biennium from the solid waste budget Departme of Public Works O Consent Agenda Page 2 of 2 Recommendation Approve and sign 3 copies (in blue ink) of the CPG Agreement W2RCPG 1517-JCPWSW- 00014 and return them to Public Works for final processing by WA Department of Ecology Department Contact Tom Boatman, Solid Waste Manager x213 Reviewed By 46&�� Philip , Codnty Administrator Date CONTRACT REVIEW FORn �y CONTRACT WITH Washmgton State Department of Ecology (Contractor/Consultant) CONTRACT FOR CPG Grant Agreement - Recycling Services TERNItbJ —Jun 2017 V t-- n COUNTY DEPARTMENT Pubhc Works For More Information Contact Tom Boatman NOV 2 01015 Contact Phone # 360 385-9213 RETURNTo Tma RE TO Nove Itis► Y (Person in Department) (Date) AMOUNT $110,257 33 ($82,693 State/$27,56433 Local PROCESS Match) Revenue 334 0313 Expenditure Matching Funds Required Sources(s) of Matching Funds Step 1 40100 010/537 60 41 Yes Solid Waste Budget ,.W. Review by Date Reviewed 5Z6PPROVED FORM Co ents Step 2 REVIEW BY Review by Date Reviewed 11;Z:V APPROVED AS TO FORM FxJ Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ X Other ❑ Returned for revision (See Comments) TTORNEY Returned for revision (See David Alvarez Step 3 (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4 CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5 SUBMIT TO BOCC FOR APPROVAL Submit originals and 7copies of Contract, Review Form, and Agenda Bill to BOCC Office NOV q O �Oq Place Sign Here markers on all places the BOCC needs to sign i MUST be in BOCC Office by 4 30 p in TUESDAY for the following Monday s agenda (This form is to stay with the contract throughout the contract review process and accompany the Agertda_BtllC0U1'\IT\' %— I INS; A11CrZIvtY G \PW_Solid Waste\NEW FILE SYSTEM\ADMINISTRATION\CONTRACTS & AGREEMENTS\Gmnts\2013-2015 Regular Cycle CPG\2015 Contract Review Form 11-12 docx rev 6/10/2013 : Page l of IS nbreementNo: W2RCPG-1517-JCPWSW-00014 Project Title: 2015-17 CPG Jefferson Co PW IMP Recipient Name: JEFFERSON COUNTY PUBLIC WORKS - SOLID WASTE allaft ' DEPARTMENT OF RECEIVED iii-wA ECO LOGY qvNiMl DEC 172015 State of Washington WA State Department Agreement W2RCPG-1517-JCPWSW-00014 of Ecology (SWRO) WASTE 2 RESOURCES COORDINATED PREVENTION GRANT PROGRAM AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND JEFFERSON COUNTY PUBLIC WORKS - SOLID WASTE This is a binding Agreement entered into by and between the State of Washington, Department of Ecology, O hereinafter referred to as "ECOLOGY" and JEFFERSON COUNTY PUBLIC WORKS - SOLID WASTE hereinafter referred to as the "RECIPIENT" to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than Project Type: 2015-17 CPG Jefferson Co PW IMP $450,893.00 $74,249.33 $55,687.00 $18,562.33 07/10/2015 06/30/2017 Implementation Project Short Description: Jefferson County Public Works, Solid Waste Division will spend $74,249 which is only a portion of the costs to continue recycling services to county residents over the two year grant period and expects 7,650 tons of recyclable material will be diverted from the landfill. Project Long Description: N/A Overall Goal: Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. W2RCPG-1517-JCP W S W-00014 Agreement No: W2RCPG-1517-JCPWSW-00014 Page 2 of 18 Project Title: 2015-17 CPG Jefferson Co PW IMP Recipient Name: JEFFERSON COUNTY PUBLIC WORKS - SOLID WASTE RECIPIENT INFORMATION Organization Name: JEFFERSON COUNTY PUBLIC WORKS - SOLID WASTE Federal Tax ID: 91-6001322 DUNS Number: 179278197 Mailing Address: 623 Sheridan St MRW Coordinator Port Townsend, WA, 98368 Physical Address: 623 Sheridan St Port Townsend, Washington, 98368 Port Townsend, Washington, 98368 Organization Email: ti jmingo@co.jefferson.wa.us Contacts Project Manager Jerry Mingo MRW Coordinator 623 Sheridan St. Port Townsend, Washington, 98368 Email: jmingo@co.jefferson.wa.us Phone: (360) 385-9230 Billing Contact Jerry Mingo MRW Coordinator 623 Sheridan St. Port Townsend, Washington, 98368 Email: jmingo@co.jefferson.wa.us Phone: (360) 385-9230 Authorized David Sullivan Signatory Chair, Board of County Commissioners PO Box1220 Port Townsend, Washington, 98368 Email: dsullivan@co.jefferson.wa.us Phone: (360) 385-9103 W 2 RC PG -1517 -JC P W S W-00014 r ECOLOGY INFORMATION Mailing Address Department of Ecology Waste 2 Resources PO BOX 47600 Olympia, WA 98504-7600 Physical Address Waste 2 Resources 300 Desmond Drive Lacey WA 98503 Contacts r Page 3 of 18 Project r Agteement No W2RCPG 1517 JCPWSW 00014 Project Title 2015 17 CPG Jefferson Co PW IMP Recipient Name JEFFERSON COUNTY PUBLIC WORKS SOLID WASTE r ECOLOGY INFORMATION Mailing Address Department of Ecology Waste 2 Resources PO BOX 47600 Olympia, WA 98504-7600 Physical Address Waste 2 Resources 300 Desmond Drive Lacey WA 98503 Contacts r Page 3 of 18 Project Tamm Ramsey Manager P O Box 47775 Olympia, Washington 98504 7775 Email tmor461 @ecy wa gov Phone (360) 407 6612 Financial Tamm Ramsey Manager P O Box 47775 Olympia, Washington 98504-7775 Email tmor461 @ecy wa gov Phone (360) 407-6612 Technical Tamm Ramsey Advisor P O Box 47775 Olympia, Washington 98504 7775 Email tmor461@ecy wa gov Phone (360) 407 6612 W2RCPG 1517 JCPWSW 00014 Agreement No: W2RCPG-1517-JCPWSW-00014 Page 4 of 18 Project Tide: 2015-17 CPG Jefferson Co PW IMP Recipient Name: JEFFERSON COUNTY PUBLIC WORKS - SOLID WASTE RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in the Scope of Work. RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement. Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement, Scope of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. 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. IN WITNESS WHEREOF, the parties hereby sign this Agreement Washington State Department of Ecology Program Manager Laurie Davies Waste 2 Resources W 2 RC PG -1517-J C P W S W-00014 Date 0 JEFFERSON COUNTY PUBLIC WORKS - SOLID WA David Sullivan Date Char, Board of County Commissioners A proved as t form only Jefferson Co. Prosecutor' ffice David Alvarez, Chief C I DPA Aeeement No: W2RCPG-1517-JCPWSW-00014 Page 5 of 18 Project Title: 2015-17 CPG Jefferson Co PW IMP Recipient Name: JEFFERSON COUNTY PUBLIC WORKS - SOLID WASTE Phil JoVMember Date Kathleen Kler Member W2RCPG-1517-JCPWS W-00014 Date r Agteement No W2RCPG 1517 JCPWSW-00014 Page 6 of 18 Project Title 2015 17 CPG Jefferson Co PW IMP Recipient Name JEFFERSON COUNTY PUBLIC WORKS SOLID WASTE SCOPE OF WORK Task Number 1 Task Cost $74,249 33 Task Title RECYCLING PROGRAM Task Description RECIPIENT will continue recycling services to county residents through an existing contract with Skookum Educational Services for operations of a recycle center and six collection sites and to collect, process and market recyclables participation in E -cycle WA and LightRecycle Washington stewardship programs offering the aluminum can buy back program and a document shredding service The two year cost of this task far exceeds the budget provided in this grant agreement RECIPIENT expects to deplete the grant budget by January 2016 RECIPIENT staff may participate in trammgs workshops and or affiliations in order to stay current with emerging solid waste issues The cost of memberships in civic business technical and professional organizations are allowed to the extent they are covered in the overhead rate If RECIPIENT does not charge overhead to this task it may direct bill for memberships pre -approved by ECOLOGY Reimbursement of costs incurred by contractors to implement CPG funded activities identified under this task are subject to the same eligibility and reimbursement requirements as the RECIPIENT and require ECOLOGY approval Costs incurred for recycling or disposal of mercury containing lights accepted by the LightRecycle Washington Program and recycling or disposal of intentionally crushed mercury -containing lights are not eligible costs under this task Costs related to advertising education and outreach, and related materials to promote this task are provided by Public Health through a separate grant agreement and are not eligible costs under this grant agreement The tollowing list is a general proposal of the time and materials necessary to complete the task Invoices and time accounting submitted with RECIPIENT s request for reimbursement must support eligibility of expenses Staff time - program development, monitor contracts purchases and purchased services - recycling and disposal services of collected material operations costs contracted services — Skookum Educational Services Task Goal Statement The goal of this task is to continue to provide County residents with opportunity to recycle and reduce the amount of material going to the landfill Task Expected Outcome RECIPIENT expects to divert 7 650 tons of recyclable material from the landfill over the two year grant period Recipient Task Coordinator Jerry Mingo W2RCPG 1517 JCPWSW 00014 r Agteement No W2RCPG 1517 JCPWSW-00014 Project Tide 2015 17 CPG Jefferson Co PW IMP Recipient Name JEFFERSON COUNTY PUBLIC WORKS SOLID WASTE RECYCLING PROGRAM Deliverables Page 7 of 18 Number Descnphon Due Date I l Recycling program operations/contract management 12 Submit copies of contracts to ECOLOGY prior to ECOLOGY approval of contractor related costs 13 Track and report tons recycled 14 Calculate and report recycling and diversion rates V W2RCPG 1517 JCPWSW 00014 r r r Agteement No W2RCPG 1517 JCPWSW-00014 Page 8 of 18 Project Title 2015 17 CPG Jefferson Co PW IMP Recipient Name JEFFERSON COUNTY PUBLIC WORKS SOLID WASTE BUDGET Funding Distribution EG160291 Funding Title Jefferson County PW IMP Funding Type Grant Funding Expiration Date 06/30/2017 Funding Effective Date 07/10/2015 Funding Source Title State Building Construction Account (SBCA) Type State CFDA Assistance Agreement Description Recipient Match % 25 InKmd Interlocal Allowed No l nKind Other Allowed No Is this Funding Distribution used to match a federal grant9 No Jefferson County PW IMP Task Total RECYCLING PROGRAM $ 74,249 33 Total $ 74,24933 W2RCPG 1517 JCPWSW 00014 l_ Agreement No W2RCPG 1517 JCPWSW-00014 Project Title 2015-17 CPG Jefferson Co PW IMP Recipient Name JEFFERSON COUNTY PUBLIC WORKS SOLID WASTE Fundme Distribution Summary Recipient / Ecology Share Page 9 of 18 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Jefferson County PW IMP 2500 % $ 18 562 33 $ 55 687 00 $ 74,249 33 Total $ 18,562 33 $ 55,687 00 $ 74.249 33 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS Indirect costs can be charged at a rate of up to 25% of salaries and benefits GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this 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 CERTIFICATION REGARDING SUSPENSION. DEBARMENT. INELIGIBILITY OR VOLUNTARY EXCLUSION l 1 The RECIPIENT/CONTRACTOR, by signing this agreement certifies that it is not suspended, debarred, proposed for debarment declared meligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification they must provide an explanation as to why they cannot 2 The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances 3 The terms covered transaction, debarred, suspended, meligible lower tier covered transaction, participant, person primary covered transaction principal proposal and voluntarily excluded, as used in this clause have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 You may contact the department 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 of Federal Regulations debarred, suspended, declared meligible 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 "CERTIFICATION REGARDING SUSPENSION DEBARMENT INELIGIBILITY OR VOLUNTARY EXCLUSION' without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions 6 Pursuant to 2CFR180 330 the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements 7 RECIPIENT/CONTRACTOR acknowledges that falling to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement or pursuance of legal U remedies including suspension and debarment 8 RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file that it, and all lower tier recipients or W2RCPG 1517 JCPWSW 00014 r r Agreement No W2RCPG 1517 JCPWSW 00014 Page 10 of 18 Project Title 2015 17 CPG Jefferson Co PW IMP Recipient Name JEFFERSON COUNTY PUBLIC WORKS SOLID WASTE 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 l AM //www Sam gov> and print a copy of completed searches to document proof of compliance Federal Funding Accountability And Transparency Act (FFATA) Reporting_ Requirements RECIPIENT must complete the FFATA Data Collection Form (ECY 070 395) and return it with the signed agreement to ECOLOGY Any RECIPIENT that meets each of the criteria below must also report compensation for its five top executives using FFATA Data Collection Form Receives more than $25 000 in federal funds under this award and Receives more than 80 percent of its annual gross revenues from federal funds and Receives more than $25 000 000 in annual federal funds ECOLOGY will not pay any invoice until it has received a completed and signed FFATA Data Collection Form ECOLOGY is required to report the FFATA information for federally funded agreements including the required DUNS number at www fsrsog v : hI= //www fsrs gov> within 30 days of agreement signature The FFATA information will be available to the public at www usaspendingog v <http //www usaspendme gov> For more details on FFATA requirements see www fsrsog v <http //www fsrs gov> GENERAL TERMS AND CONDITIONS 1 ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition https //fortress wa gov/ecy/publications/SummaryPages/1401002 html b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors d) RECIPIENT s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services 2 AMENDMENTS AND MODIFICATIONS This Agreement may be altered amended, or waived only by a written amendment executed by both parties No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party 3 ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid minimize or mitigate adverse effects to archeological or cultural resources Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to approval by ECOLOGY W2RCPG 1517 JCPWSW 00014 f� Agfeement No W2RCPG 1517 JCPWSW-00014 Page 11 of 18 Project Title 2015-17 CPG Jefferson Co PW IMP Recipient Name JEFFERSON COUNTY PUBLIC WORKS SOLID WASTE RECIPIENT shall a) Immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this Agreement b) Immediately notify the Department of Archaeology and Historic Preservation at (360) 586 3064 in the event historical or cultural artifacts are discovered at a work site c) Comply with Governor Executive Order 05-05 Archaeology and Cultural Resources for any capital construction projects prior to the start of any work d) Comply with RCW 27 53 Archaeological Sites and Resources for any work performed under this Agreement as applicable National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter 27 53 RCW prior to conducting on site activity with the potential to impact cultural or historic properties 4 ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT 5 COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT s designees ECOLOGY all affected local state or federal jurisdictions and any interested individuals or groups 6 COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT ECOLOGY must sign the Agreement before any payment requests can be 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 Cwith ECOLOGY prior to incurring costs Costs that are conditionally eligible may require approval by ECOLOGY prior to purchase d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY e) ECOLOGY will not process payment requests without the proper reimbursement forms Progress Report and supporting documentation ECOLOGY will provide instructions for submitting payment requests 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 Department of Enterprise Services Statewide Payee Desk RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W 9 form at the website http //www des wa gov/services/ContractmgPurchasmgBusiness/VendorPay/Pages/default aspx For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407 8180 or email payeehelpdesk@des wa gov h) ECOLOGY may at its sole discretion withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any tern 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 ECOLOGY s sole discretion, such payment is reasonable and approved according to this Agreement as appropriate or upon completion of an audit as specified herein ,l) RECIPIENT should submit final requests for compensation within thirty (30) days after the expiration date of this Agreement Failure to comply may result in delayed reimbursement 7 COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable Federal State and local laws orders regulations and permits related to this Agreement including but not limited to a) RECIPIENT agrees to comply with all applicable laws regulations and policies of the United States and the State Uof Washington which affect wages and fob safety b) RECIPIENT agrees to be bound by all federal and state laws regulations and policies against discrimination W2RCPG 1517 JCPWSW 00014 M r Agreement No W2RCPG 1517 JCPWSW-00014 Page 12 of 18 Project Tide 2015 17 CPG Jefferson Co PW IMP Recipient Name JEFFERSON COUNTY PUBLIC WORKS SOLIDWASTE c) RECIPIENT certifies full compliance with all applicable state mdustnal insurance requirements d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and penults required by authonties havmgjunsdiction over the project are obtained RECIPIENT must include tune in their project timeline for the permit and approval processes ECOLOGY shall have the nght to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements If any provision of this Agreement violates any statute or rule of law of the state of Washington it is considered modified to conform to that statute or rule of law 8 CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer member agent, or employee who exercises any function or responsibility in the review approval or carrying out of this Agreement shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation partnership or association in which he/she is a part, in this Agreement or the proceeds thereof 9 CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement RECIPIENT shall award all contracts for construction, purchase of goods equipment, services and professional architectural and engineenng services through a competitive process if required by State law RECIPIENT is required to follow procurement procedures that ensure legal fair and open competition RECIPIENT must have a standard procurement process or follow current state procurement procedures RECIPIENT may be required to provide wntten certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement ECOLOGY reserves the nght to inspect and request copies of all procurement documentation and review procurement practices related to this Agreement Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENTS normal procedures may be disallowed at ECOLOGY s sole discretion 10 DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern although the RECIPIENT shall have the nght to appeal decisions as provided for below a) RECIPIENT notifies the fimdmg program of an appeal request b) Appeal request must be in wntmg 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 wntten answer within ten (10) business days unless more time is needed, after concluding the review The decision of ECOLOGY from an appeal will be final and conclusive unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a wntten appeal The decision of the Director or duly authonzed representative will be final and conclusive The parties agree that this dispute process will precede any action in ajudicial or quasi-judicial tribunal U Appeals of the Director's decision will be brought in the Supenor Court of Thurston County Review of the Director s W2RCPG 1517 JCPWSW-00014 r r Agreement No W2RCPG 1517 JCPWSW 00014 Page 13 of 18 ProlectTide 2015-17 CPG Jefferson Co PW iMP Recipient Name JEFFERSON COUNTY PUBLIC WORKS SOLID WASTE decision will not be taken to Environmental and Land Use Hearings Office Pending final decision of a dispute the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered Nothing in this contract will be construed to limit the parties choice of another mutually acceptable method in addition to the dispute resolution procedure outlined above 1 I ENVIRONMENTAL STANDARDS a) RECIPIENTS who collect environmental monitoring data must provide these data to ECOLOGY using the Environmental Information Management System (EIM) To satisfy this requirement these data must be successfully loaded into EIM see instructions on the EIM website at http //www ecy wa gov/ern b) RECIPIENTS are required to follow ECOLOGY s data standards when Geographic Information System (GIS) data are collected and processed More information and requirements are available at http //www ecy wa gov/services/gis/data/standards/standards him RECIPIENTS 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 c) RECIPIENTS must prepare a Quality Assurance Project Plan (QAPP) when a project involves the collection of environmental measurement data QAPP is to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating data RECIPIENTS must follow ECOLOGY s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies July 2004 (Ecology Publication No 04 03 030) ECOLOGY shall review and approve the QAPP prior to start of work The size cost and complexity of the QAPP should be in proportion to the magnitude of the sampling effort 12 GOVERNING LAW This Agreement will be governed by the laws of the State of Washington and the venue of any action brought hereunder will be in the Superior Court of Thurston County 13 INDEMNIFICATION ECOLOGY will in noway be held responsible for payment of salaries consultants fees and other costs related to the project described herein except as provided in the Scope of Work To the extent that the Constitution and laws of the State of Washington permit each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party s agents or employees arising out of this Agreement 14 INDEPENDENT STATUS The employees volunteers or agents of each party who are engaged in the performance of this Agreement will continue to be employees volunteers or agents of that party and will not for any purpose be employees volunteers or agents of the other party 15 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 or receive any fee commission or gift in return for award of a subcontract hereunder 16 MINORITY AND 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 contracts initiated under this Agreement W2RCPG 1517 JCPWSW 00014 N r Agteement No W2RCPG 1517 JCPWSW-00014 Page 14 of 18 Project Title 2015 17 CPG Jefferson Co PW IMP Recipient Name JEFFERSON COUNTY PUBLIC WORKS SOLID WASTE Contract awards or rejections cannot be made based on MWBE participation however the RECIPIENT is encouraged to take the following actions when possible in any procurement under this Agreement a) Include qualified minority and women s businesses on solicitation lists whenever they are potential sources of goods or services b) Divide the total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by qualified minority and women s businesses c) Establish delivery schedules where work requirements permit, which will encourage participation of qualified minority and women s businesses d) Use the services and assistance of the Washington State Office of Minority and Women s Business Enterprises (OMWBE) (866 208 1064) and the Office of Minority Business Enterprises of the U S Department of Commerce as appropriate 17 ORDER OF PRECEDENCE In the event of inconsistency in this Agreement unless otherwise provided herem the inconsistency shall be resolved by giving precedence in the following order (a) applicable federal and state statutes and regulations (b) The Agreement (c) Scope of Work (d) Special Terms and Conditions (e) Any provisions or terms incorporated herem by reference including the Administrative Requu-ements for Recipients of Ecology Grants and Loans and (f) the General Terms and Conditions 18 PRESENTATION AND PROMOTIONAL MATERIALS RECIPIENT shall obtain ECOLOGY s approval for all communication materials or documents related to the fulfillment of this Agreement Steps for approval a) Provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and `r distribution of any documents or materials compiled or produced b) ECOLOGY reviews draft copy and reserves the right to require changes until satisfied c) Provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed Copies include any printed materials and all tangible pioducts develuped such ds bruLliures imuiudls pamphlets videos audio tapes CDs curriculum. posters media announcements or gadgets such as a refrigerator magnet with a message as well as media announcements and any other online communication products such as Web pages blogs, and Twitter campaigns If it is not practical to provide a copy then the RECIPIENT must provide a complete description including photographs drawings or printouts of the product that best represents the item RECIPIENT shall include tune in their project timelme for ECOLOGY s review and approval process RECIPIENT shall acknowledge in the materials or documents that funding was provided by ECOLOGY 19 PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submittmg payment requests and progress reports to ECOLOGY ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds b) RECIPIENT must submit a progress report with each payment request Payment requests will not be processed without a progress report ECOLOGY will define the elements and frequency of progress reports c) RECIPIENT shall use ECOLOGY s provided progress report format d) Quarterly progress reports will cover the periods from January 1 through March 31 April 1 through June 30 July 1 through September 30 and October 1 through December 31 Reports shall be submitted within thirty (30) days after �J the end of the quarter being reported e) RECIPIENT shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an W2RCPG 1517 JCPWSW 00014 r Agreement No W2RCPG 1517 JCPWSW 00014 Page 15 of 18 Project Tide 2015 17 CPG Jefferson Co PW iMP Recipient Name JEFFERSON COUNTY PUBLIC WORKS SOLi) WASTE extension has been approved by ECOLOGY RECIPIENT shall use the ECOLOGY provided closeout report format 20 PROPERTY RIGHTS a) Copyrights and Patents When the RECIPIENT creates any copyrightable materials or invents any patentable property 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 matenal(s) or property and to authorize others to use the same for federal state or local government purposes b) Publications When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY 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 Materials ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement in any manner ECOLOGY deems appropriate ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials d) Tangible Property Rights ECOLOGY s current edition of Administrative Requirements for Recipients of Ecology 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 or upon specific instructions with respect thereto in this Agreement e) Personal Property Furnished by ECOLOGY When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project it shall be returned to ECOLOGY prior to final payment by ECOLOGY If said property is lost, stolen or damaged while in the RECIPIENTS possession then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property f) Acquisition Protects The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities _ a RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in Cthis Agreement b 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 or abstracts and attorney 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 tune convert any equipment property or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior Written approval of ECOLOGY Such approval may be conditioned upon payment to ECOLOGY of that portion 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 21 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 State of Washington for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records W2RCPG 1517 JCPWSW-00014 r r Agteement No W2RCPG 1517 JCPWSW-00014 Page 16 of 18 Project Title 2015 17 CPG Jefferson Co PW IMP Recipient Name JEFFERSON COUNTY PUBLIC WORKS SOLID WASTE ECOLOGY reserves the right to audit or have a designated third party audit, applicable records to ensure that the state t has been properly invoiced Any remedies and penalties allowed by law to recover momes determined owed will be enforced Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder RECIPIENT shall provide right of access to ECOLOGY or any other authorized representative at all reasonable tunes in order to momtor and evaluate performance compliance and any other conditions under this Agreement 22 RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work All payments to the RECIPIENT are subject to approval and audit by ECOLOGY and any unauthorized expenditure(s) or unallowable cost charged to this agreement shall be refunded to ECOLOGY by the RECIPIENT RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments _ within thirty (30) days of a written notice Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds Any property acquired under this Agreement at the option of ECOLOGY may become ECOLOGY's property and the RECIPIENTS liability to repay monies will be reduced by an amount reflecting the fair value of such property 23 SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable 24 STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43 21 C RC W and Chapter 197 11 WAC) have been or will be met Any reimbursements are subject to this provision 25 SUSPENSION When in the best interest of ECOLOGY ECOLOGY may at any time and without cause suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY 26 SUSTAINABLE PRACTICES In order to sustain Washington s natural resources and ecosystems the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement a) Sustainable practices may include such activities as use of clean energy use of double -sided printing hosting low W2RCPG 1517 JCPWSW 00014 V + Agfeement No W2RCPG 1517 JCPWSW-00014 Page 17 of 18 Project Title 2015 17 CPG Jefferson Co PW iMP Recipient Name JEFFERSON COUNTY PUBLIC WORKS SOLID WASTE Impact meetings and setting up recycling and composting programs b) Purchasing may include such items as sustainably produced products and services EPEAT registered computers and imaging equipment independently certified green cleaning products remanufactured toner cartridges products with reduced packaging office products that are refillable rechargeable and recyclable and 100% post consumer recycled paper U For more suggestions visit ECOLOGY s web page Green Purchasing http //www ecy wa gov/programs/swfa/epp 27 TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT at the sole discretion of ECOLOGY for failing to perform an Agreement requirement or for a material breach of any term or condition If this Agreement is so terminated the parties shall be liable only for performance rendered or costs incurred in accordance with the terns 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 funded within four (4) months after the effective date of this Agreement or by any date mutually agreed upon in writing for commencement of work or the time period defined within the Scope of Work Non Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement In the event the RECIPIENT unjustifiably fails in the opinion of ECOLOGY to perform any obligation required of it by this Agreement ECOLOGY may refuse to pay any further funds terminate in whole or in part this Agreement and exercise any other rights under this Agreement Despite the above the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined b) For Convenience ECOLOGY may terminate for convenience this Agreement in whole or in part, for any reason when it is the best interest of ECOLOGY with a thirty (30) calendar days prior written notification to the RECIPIENT If this Agreement is so terminated the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination Non Allocation of Funds ECOLOGY s ability to make payments is contingent on availability of funding In the event funding from state federal or other sources is withdrawn reduced, or limited in any way after the effective date and prior to the completion or expiration date of this agreement, ECOLOGY at its sole discretion, may elect to terminate the agreement in whole or part or renegotiate the agreement subject to new funding lunitations or conditions ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding insufficiency is resolved ECOLOGY may exercise any of these options with no notification or restrictions If payments have been discontinued by ECOLOGY due to unavailable funds the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination RECIPIENT s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENTS governing body c) By Mutual Agreement W2RCPG 1517 JCPWSW 00014 M r Agteement No W2RCPG 1517 JCPWSW-00014 Page 18 of 18 Project Title 2015 17 CPG Jefferson Co PW IMP Recipient Name JEFFERSON COUNTY PUBLIC WORKS SOLID WASTE ECOLOGY and the RECIPIENT may terminate this Agreement in whole or in part, at any time by mutual Written agreement d) In Event of Termination All finished or unfinished documents, data studies surveys drawings maps models photographs reports or other matenals prepared by the RECIPIENT under this Agreement at the option of ECOLOGY will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other matenals Nothing contained herem shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds identified herem 28 THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement the state of Washington is named as an express third party beneficiary of such subcontracts with full nghts as such 29 WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach and will not be construed as a modification of the terms of this Agreement unless stated as such in wntmg by the authonzed representative of ECOLOGY W2RCPG 1517 JCPWSW-00014