HomeMy WebLinkAbout080618_ca07 615 Sheridan Street
ff
' Port Townsend, WA 98368
�eehson www.JeffersonCountyPublicHecft }seygenda
July 12; 2018
Public Hee9cilt% JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Stuart Whitford, Environmental Public Health Director
DATE: -1\1(9‘6f x(ct
SUBJECT: Agenda Item — Interagency Agreement with Department of Ecology for
Local Solid Waste Financial Assistance, JeCoPH-00035; July 1, 2017 —
June 30, 2019; $90,992.80
STATEMENT OF ISSUE:
Jefferson County Public Health, Department of Environmental Public Health, requests Board approval of the
Interagency Agreement with Department of Ecology Local Solid Waste Financial Assistance JeCoPH-00035;
July 1, 2017 — June 30, 2019; $90,992.80
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
Under this agreement, JCPH will increase the county's recycling rate from 45 — 45.7% to divert 200 tons of
food from disposal to be composted, to support 65 businesses to improve their waste management
practices through the county's EnviroStars Green Business program, and to complete a report
recommending ways to improve, expand and sustain the EnviroStars program over the long-term. Jefferson
County Public Health will use funds to support waste reduction programs in the county including recycling,
moderate risk waste, and organics. Tasks include extensive re-education campaigns to assist community in
understanding recyclables and the impact of contaminants through the use of outreach, informational
booths, press releases, public service announcements; provide educational resources for local businesses
and expand Green Business certifications; participate in trainings, workshops in order to remain current
with emerging solid waste issues; provide on-site technical assistance; provide composting and organic
waste education.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This interagency agreement is funded by the Department of Ecology grant at 75%, funding source State
Building Construction Account (SBCA), for $68,244.60, which requires a 25% Jefferson County match of
$22,748.20, for a total of $90,992.80. Matching funds are sourced from solid waste fees and the general
fund.
RECOMMENDATION:
JCPH management request approval of the interagency agreement with Department of Ecology for
Coordinated Prevention, Solid Waste Education; July 1, 2017 —June 30, 2019; $90,992.80
REVIEWED BY:
Phi p Morley, Cou Admini Date
Communit4k4aith Environmental Health
Developmental Disabilities Water Qualify
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487
` '. DEPARTMENT OF
log
ECOLOGY
Stare of Washington
Agreement No. W2RLSWFA-1719-JeCoPH-00035
WASTE 2 RESOURCES LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
JEFFERSON COUNTY PUBLIC HEALTH
This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,
hereinafter referred to as"ECOLOGY,"and JEFFERSON COUNTY PUBLIC HEALTH,hereinafter referred to as
the"RECIPIENT,"to carry out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Total Cost: $100,200.00
Total Eligible Cost: $90,992.80
Ecology Share: $68,244.60
Recipient Share: $22,748.20
The Effective Date of this Agreement is: 07/01/2017
The Expiration Date of this Agreement is no later than: 06/30/2019
Project Type: Planning/Implementation
Project Short Description:
Jefferson County Public Health will spend$90,992.80 to increase the County's recycling rate from 45 to 45.7%,
to divert 200 tons of food from disposal to be composted,to support 65 businesses to improve their waste
management practices through the County's EnviroStars Green Business program,and to complete a report
recommending ways to improve,expand,and sustain the EnviroStars program over the long-term.
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.
State of Washington Department of Ecology Page 2 of 22
Agreement No: W2RLSWFA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
RECIPIENT INFORMATION
Organization Name: JEFFERSON COUNTY PUBLIC HEALTH
Federal Tax ID: 91-6001322
DUNS Number: 184826790
Mailing Address: 615 Sheridan St
Port Townsend,WA 98368
Physical Address: 615 Sheridan St
Port Townsend, Washington 98368
Organization Fax: (360)379-4487
Contacts
Project Manager Laura Tucker
615 Sheridan Street
Port Townsend, Washington 98368
Email: ltucker@co.jefferson.wa.us
Phone: (360)379-4491
Billing Contact Susan Parke
Financial Operations Coordinator
615 Sheridan Street
Port Townsend,Washington 98368
Email: sparke@co.jefferson.wa.us
Phone: (360)385-9437
Authorized David Sullivan
Signatory Chair,Board of County Commissioners
PO Box1220
Port Townsend, Washington 98368
Email: dsullivan@cojefferson.wa.us
Phone: (360)385-9103
Version 10/30t2015
State of Washington Department of Ecology Page 3 of 22
Agreement No: W2RLSWFA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
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 SE
Lacey,WA 98503
Contacts
Peter Guttchen
Project
Manager
PO Box 47775
Olympia,Washington 98504-7775
Email: PGUT461@ecy.wa.gov
Phone: (360)407-6612
Peter Guttchen
Financial
Manager
PO Box 47775
Olympia, Washington 98504-7775
Email: PGUT461@ecy.wa.gov
Phone: (360)407-6612
Version 10/30/2015
State of Washington Department of Ecology Page 4 of 22
Agreement No: W2RLSWFA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services, and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and
conditions of this Agreement, Scope of Work,attachments,and incorporated or referenced documents,as well as all
applicable laws,statutes,rules, regulations,and guidelines mentioned in this Agreement. Furthermore,the
RECIPIENT has read,understood,and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings or
representations other than as set forth,or incorporated by reference,herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed
by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF:the parties hereto, having read this Agreement in its entirety,including all attachments, do
agree in each and every particular and have thus set their hands hereunto.
Washington State JEFFERSON COUNTY PUBLIC HEALTH
Department of Ecology
By: By:
Laurie Davies Date David Sullivan Date
Waste 2 Resources Chair, Board of County Commissioners
Program Manager
Apjdved ast formIs A/A,
p.
Template Approved to Form by • �� (� Date: 71/4 e
Attorney General's Office Philip C. Hunsucker,Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office
Version 10/30/2015
State of Washington Department of Ecology Page 5 of 22
Agreement No: W2RLSWFA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
SCOPE OF WORK
Task Number: 1 Task Cost: $42,892.47
Task Title: Residential Recycling/Waste Prevention
Task Description:
Activity: Increase Recycling/Decrease Contamination at Schools and Residences
RECIPIENT staff will actively promote,in partnership with other agencies and community organizations,public
understanding and involvement in waste reduction through outreach campaigns, informational booths at public events,
strategic advertising campaigns,solid waste brochures and flyers, newspaper articles,press releases and public service
announcements.
RECIPIENT staff, in partnership with local school districts,will design and implement lessons on `Rethink,Reduce,
Reuse and Recycle' to be delivered to classrooms throughout Jefferson County. Curricular support for classroom
teachers will be offered along with kits for ongoing direct implementation by teachers and adult volunteers. The focus
will be on reducing contamination of the recycling stream in response to stricter limits on acceptable contamination
levels.
RECIPIENT will gather pre-and post-task data on residential and school materials collected for recycling including
the levels and types of recycling contamination. This data will be collected by conducting recycling audits at the
schools participating in this project,at County transfer stations, and along selected curbside routes.
Activity: Event Recycling
RECIPIENT staff will implement a system for loaning recycling stations for glass, plastic, and metal cans for use at
events and festivals in Jefferson County including the Wooden Boat Fair and the Canoe Journey. The RECIPIENT will
purchase flags to make the stations more visible and will collect data on the quantity and type of material collected
from participants.
To measure the impact of the activities conducted under this task on the County's overall recycling rate,RECIPIENT
will use data provided by Jefferson County Public Works under LSWFA Agreement 1719-JCPWSW-00108.
RECIPIENT may purchase,with ECOLOGY pre-approval,tools and supplies and develop materials to support
education and outreach through various media including but not limited to newsprint, radio,websites, presentations,
and direct mailings. Prior to incurring costs for advertisements or publications, RECIPIENT must obtain ECOLOGY
review and approval.
RECIPIENT staff may participate in trainings,workshops and or affiliations in order to stay current with emerging
solid waste issues with pre-approval from ECOLOGY. The cost of memberships in civic, business,technical and
professional organizations are allowed to the extent they are covered in the indirect rate.RECIPIENT may direct bill
for memberships pre-approved by ECOLOGY,when indirect is not charged to this task.
The following list is a general proposal of the time and materials necessary to complete the task: Staff Time-technical
assistance, recruiting, presentations; develop, design,update and distribute educational materials;education outreach;
data collection and reporting; attend related trainings,workshops, meetings,public events;Purchases and Purchased
Services- loaner recycling station flags,outreach materials and related costs, school curriculum kits,and advertising
costs.
Version 10/302015
State of Washington Department of Ecology Page 6 of 22
Agreement No: W2RLSWFA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
Invoices and time accounting submitted with RECIPIENT's request for reimbursement must support eligibility of
expenses.RECIPIENT is encouraged to seek ECOLOGY's prior approval for costs not specifically identified in this
scope of work.
Task Goal Statement:
The goal of this task is to increase Jefferson County's recycling rate and decrease contamination of the residential,
self-haul,and school recycling streams.
Task Expected Outcome:
RECIPIENT expects to increase Jefferson County's recycling rate from the 45%rate it achieved in 2017 to 47.5% by
June 30,2019. This represents an increase of approximately 200 tons.
By June 30,2019,RECIPIENT expects to decrease contamination of the recycling stream by at least 5%at
participating schools, at County transfer stations,and along selected curbside routes.This data will be collected by
conducting pre-and post-task recycling audits at the schools participating in this project,at County transfer stations,
and along selected curbside routes.
Through its Event Recycling program,RECIPIENT expects to loan out an average of eight(8)recycling collection
stations per event. RECIPIENT expects ten(10)tons of material will be recycled and diverted through this program by
June 30,2019.
RECIPIENT expects to reach 20,000 residents and 200 businesses. As a result, it is expected that 5,000 residents and
50 business will participate in at least one activity promoted under this task by June 30,2019.
Recipient Task Coordinator: Laura Tucker
Residential Recycling/Waste Prevention
Deliverables
Number Description Due Date
1.1 Work as defined in the Scope of Work for this Agreement is 06/30/2019
implemented.
Version 10/30/2015
State of Washington Department of Ecology Page 7 of 22
Agreement No: W2RLSW FA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
SCOPE OF WORK
Task Number: 2 Task Cost: $24,200.33
Task Title: Business Recycling/Waste Prevention
Task Description:
RECIPIENT is a sponsor of the EnviroStars Green Business program. The program is a free,one-stop hub for
businesses to get information, help, and recognition for actions that protect their workplace,the community, and the
environment. Through the program,the RECIPIENT will receive service referrals and will provide outreach and
technical assistance to Jefferson County businesses on recycling and reuse options,waste reduction strategies,and least
toxic alternatives.
RECIPIENT staff will support businesses certified under the County's current EnviroStars program to become certified
under the program's new more rigorous standards.New EnviroStars businesses will be recruited using a variety of
outreach tools including Chamber of Commerce publications and events. RECIPIENT will publicly recognize
environmentally responsible businesses that engage in exemplary solid waste management practices and carbon
footprint reduction measures that reduce pollution and protect the natural environment. RECIPIENT staff will attend
EnviroStars meetings to stay abreast of current best practices and will share them with participating businesses.
Through the EnviroStars website, RECIPIENT will monitor the progress of program participants on the steps they've
taken to reduce waste as they move through the program certification process. RECIPIENT will also conduct pre-and
post-task site visits to at least 25 EnviroStars businesses to gather data on changes in the types and quantities of
materials they are purchasing,reusing, recycling, and landfilling as a result of their participation in the program. Using
this data,RECIPIENT will complete a report evaluating the effectiveness of the program which will include
recommendations on how to improve, expand, and sustain the program over the long-term.
Activity: MRW Business Assistance
RECIPIENT will provide assistance to conditionally exempt small quantity generators(CESQGs)on how to manage
and dispose of their moderate risk waste(MRW)properly. 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.
RECIPIENT staff may participate in trainings, workshops and or affiliations in order to stay current with emerging
solid waste issues with pre-approval from ECOLOGY.The cost of memberships in civic,business,technical and
professional organizations are allowed to the extent they are covered in the indirect rate.RECIPIENT may direct bill
for memberships pre-approved by ECOLOGY,when indirect is not charged to this task.
Generally,the following activities and related costs are eligible under this task: Staff time-technical assistance,
recruiting, presentations, develop/update/distribute educational materials, education outreach, attend related
trainings,workshops, meetings,public events;Purchases-outreach materials, advertising and related costs.
Invoices and time accounting submitted with RECIPIENT's request for reimbursement must support eligibility of
expenses. RECIPIENT is encouraged to seek ECOLOGY's prior approval for costs not specifically identified in this
scope of work.
Task Goal Statement:
The goals of this task are to ensure the safe handling and disposal of MRW,to reduce solid waste and to reduce the use
Version 10/30/2015
State of Washington Department of Ecology Page 8 of 22
Agreement No: W2RLSWFA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
of toxic products in Jefferson County.
Task Expected Outcome:
By June 30,2019, RECIPIENT expects to reach 500 businesses to promote solid waste reduction and recycling,the
safe handling and disposal of MRW,and the use of least toxic alternatives. As a result,RECIPIENT expects 15 of the
22 current EnviroStars certified businesses in Jefferson County and 50 new business to achieve certification under the
RECIPIENT's new more rigorous new EnviroStars standards.
By June 30,2019, RECIPIENT will complete a report evaluating the effectiveness of the EnviroStars program in
reducing waste,ensuring the safe management of MRW,and decreasing the use of toxic products by Jefferson County
businesses.The report will include policy and programmatic recommendations on how to improve,expand, and sustain
the program over the long-term.
Recipient Task Coordinator: Laura Tucker
Business Recycling/Waste_Prevention-
Deliverables
Number Description Due Date
2.1 Work as defined in the Scope of Work for this Agreement is 06/30/2019
implemented.
Version 10/30/2015
State of Washington Department of Ecology Page 9 of 22
Agreement No: W2RLSWFA-I 719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
SCOPE OF WORK
Task Number: 3 Task Cost: $23,900.00
Task Title: Organics On-site Management
'l'ask Description:
RECIPIENT will work with Washington State University Cooperative Extension,Jefferson County water quality
specialists,and local businesses, schools, and community garden coordinators to increase the amount of food scraps
diverted from disposal. Activities to achieve this goal may include vermicomposting workshops, home composting
trainings, educational programs in area schools,and technical assistance to establish and maintain home,community,
and institutional on-site composting systems. Outreach will be focused on homes,schools, and businesses that send
food into their septic tanks to reduce the number of septic system failures in the County.
RECIPIENT will track and report to ECOLOGY on the number of workshops,trainings,and other educational and
outreach activities,and the number of residents and businesses that participate in these activities.
Participants in composting workshops will be asked to measure and report on the quantities of food scraps they
compost at home and divert from disposal. Participating schools and commercial facilities will measure and report the
amount of food diverted from disposal to be composted.
Activity:Food Waste Prevention
RECIPIENT will complete a plan to expand the recovery of edible food from local grocery stores, schools,hospitals,
and Fort Worden State Park to donate to area food banks and community meal programs.
RECIPIENT may purchase,with ECOLOGY pre-approval,tools and supplies and develop materials to support
education and outreach through various media including but not limited to newsprint,radio,websites, presentations,
and direct mailings. Prior to incurring costs for advertisements or publications, RECIPIENT must obtain ECOLOGY
review and approval.
RECIPIENT staff may participate in trainings,workshops and or affiliations in order to stay current with emerging
solid waste issues with pre-approval from ECOLOGY.The cost of memberships in civic,business,technical and
professional organizations are allowed to the extent they are covered in the indirect rate.RECIPIENT may direct bill
for memberships pre-approved by ECOLOGY,when indirect is not charged to this task.
The following list is a general proposal of the time and materials necessary to complete the task: Staff time—plan and
program development and implementation,develop and distribute educational materials, education outreach;
Purchases and purchased services—program promotion,educational material costs.
Invoices and time accounting submitted with RECIPIENT's request for reimbursement must support eligibility of
expenses. RECIPIENT is encouraged to seek ECOLOGY's prior approval for costs not specifically identified in this
scope of work.
Task Goal Statement:
The goal of this task is to divert food from disposal to be composted and to develop a plan to increase the amount of
perishable edible food donated to area food banks and community meal programs.
Version 10/30/2015
State of Washington Department of Ecology Page 10 of 22
Agreement No: W2RLSWFA-I719-JeCoPFI-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
Task Expected Outcome:
RECIPIENT expects 200 tons of food will be diverted through home and on-site composting programs by June 30,
2019.
RECIPIENT expects to reach 500 residents and 30 businesses and conduct ten(10)vermicomposting workshops,
home composting trainings,and other educational events. As a result, it is expected that 120 residents and 15
businesses will participate in at least one activity promoted under this task by June 30,2019.
By June 30,2019, RECIPIENT will complete a plan to expand the recovery of edible food from local grocery stores,
schools, hospitals, and Fort Worden State Park to donate to area food banks and community meal programs.
Organics On-site Management
Deliverables
Number Description Due Date
3.1 Work as defined in the Scope of Work for this Agreement is 06/30/2019
implemented.
Version 10/30/2015
State of Washington Department of Ecology Page 11 of 22
Agreement No: W2RLSWFA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
BUDGET
Funding Distribution EG180395
NOTE: The above funding distribution number is used to idents this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title: 2017-19 Jefferson Co PH IMP Funding Type: Grant
Funding Effective Date: 07/01/2017 Funding Expiration Date: 06/30/2019
Funding Source:
Title: State Building Construction Account(SBCA)
Type: State
Funding Source%: 100%
Description: Local Solid Waste Financial Assistance
Approved Indirect Costs Rate: Approved State Indirect Rate: 25%
Recipient Match%: 25%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
2017-19 Jefferson Co PH IMP Task Total
Residential Recycling/Waste Prevention $ 42,892.47
Business Recycling/Waste Prevention $ 24,200.33
Organics On-site Management $ 23,900.00
Total: $ 90,992.80
Version 10/30/2015
State of Washington Department of Ecology Page 12 of 22
Agreement No: W2RLSWFA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
Fundint Distribution Summary
Recipient/Ecology Share
Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total
2017-19 Jefferson Co PH IMP 25.00 % $ 22,748.20 $ 68,244.60 $ 90,992.80
Total $ 22,748.20 $ 68,244.60 $ 90,992.80
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
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.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1. The RECIPIENT/CONTRACTOR, by signing this agreement,certifies that it is not suspended, debarred,
proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal
government,or from receiving contracts paid for with federal funds.If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification,they must provide an explanation as to why they
cannot.
2. The 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, ineligible, lower tier covered transaction, participant,
person, primary covered transaction,principal, proposal, and voluntarily excluded, as used in this clause,have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4. The 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 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
"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 failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal
Version 10/30/2015
State of Washington Department of Ecology Page 13 of 22
Agreement No: W2RLSWFA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
remedies, including suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or
contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov-. and print a copy of completed searches to document proof of compliance.
B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA) REPORTING
REM I I REMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395)and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
• Receives more than$25,000 in federal funds under this award.
• Receives more than 80 percent 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 FFATA Data Collection Form.
Ecology is required to report the FFATA information for federally funded agreements, including the required
DUNS number,at www.lsrs.gov <http://www.fsrs.gov/>within 30 days of agreement signature.The FFATA
information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements,see www.tsrs.gov <http://www.fsrs.gov/>.
Version 10/30/2015
State of Washington Department of Ecology Page 14 of 22
Agreement No: W2RLSWFA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION
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/l 701004.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 ARCH AFOT.OGTC.AI, AND CI IT.TI IR AT.RESOI JRCF,S
RECIPIENT shall take reasonable action to avoid, minimize,or mitigate adverse effects to archeological and historic
resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to
historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this
Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
• For capital construction projects or land acquisitions for capital construction projects, if required,comply with
Governor Executive Order 05-05,Archaeology and Cultural Resources.
• For projects with any federal involvement, if required,comply with the National Historic Preservation Act.
• Any cultural resources federal or state requirements must be completed prior to the start of any work on the project
site.
b) If required by the ECOLOGY Program,submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to
implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff and contractors working at the project site.
• Implement the IDP when cultural resources or human remains are found at the project site.
c) If any archeological or historic resources are found while conducting work under this Agreement:
• Immediately stop work and notify the ECOLOGY Program,the Department of Archaeology and Historic
Preservation at(360)586-3064, any affected Tribe,and the local government.
d) If any human remains are found while conducting work under this Agreement:
Version 10/30/2015
State of Washington Department of Ecology Page 15 of 22
Agreement No: W2RLSWFA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,and
then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645,and all other applicable local,state,and federal
laws protecting cultural resources and human remains.
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
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
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/ContractingPurchasingBusinessNendorPay/Pages/default.aspx. For
any questions about the vendor registration process contact the Statewide Payee Help Desk at(360)407-8180 or email
payeehelpdesk@watech.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 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.
j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement, all financial,
performance, and other reports required by 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
of Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations,and policies against
discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project
timeline for the permit and approval processes.
Version 10/30/2015
State of Washington Department of Ecology Page 16 of 22
Agreement No: W2RLSWFA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
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
engineering services through a competitive process,if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal,fair,and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's 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 right to appeal
decisions as provided for below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written 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 written appeal.The decision of the Director or
duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in
addition to the dispute resolution procedure outlined above.
II. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses
environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact
Version 10/30/2015
State of Washington Department of Ecology Page 17 of 22
Agreement No: W2RLSWFA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
the ECOLOGY Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance
(QA)officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July
2004 (Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system(EIM),unless the ECOLOGY Program instructs otherwise.The
RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find
instructions at: http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System(GIS)data is collected
and processed. Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/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.
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 no way be held responsible for payment of salaries,consultant's fees,and other costs related to the
project described herein,except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each 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.
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
Version 10/30/2015
State of Washington Department of Ecology Page 18 of 22
Agreement No: W2RLS WFA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
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 herein,the inconsistency shall be resolved
by giving precedence in the following order: (a)applicable federal and state statutes and regulations; (b)The
Agreement;(c)Scope of Work;(d)Special Terms and Conditions;(e)Any provisions or terms incorporated herein by
reference, including the"Administrative Requirements for Recipients of Ecology Grants and Loans";and(f)the
General Terms and Conditions.
18. PRESENTATION AND PROMOTIONAL MATERIALS
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 distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials,and all tangible products developed such as brochures,manuals, pamphlets,
videos,audio tapes,CDs,curriculum, posters,media announcements,or gadgets with a message, such as a refrigerator
magnet, and any online communications,such as web pages, blogs, and twitter campaigns.If it is not practical to
provide a copy,then the RECIPIENT shall provide a description(photographs, drawings,printouts,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 this Agreement. Before the use of ECOLOGY's
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
19. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 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
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 ECOLOGY provided closeout report format.
20. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive,and irrevocable license to reproduce, publish, recover,or otherwise use the material(s)or property,and to
Version 10/30/2015
State of Washington Department of Ecology Page 19 of 22
Agreement No: W2RLSWFA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
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 RECIPIENT's possession,then ECOLOGY shall
be reimbursed in cash or by setoff by the 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 disbursement of funds provided for in
this Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement. Such evidence may include title insurance 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 time convert any
equipment, property,or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion 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.
ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure 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 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
Version 10/30/2015
State of Washington Department of Ecology Page 20 of 22
Agreement No: W2RLSWFA-I719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PFT-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative,at all reasonable times,
in order to monitor and evaluate performance,compliance,and any other conditions under this Agreement.
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
RECIPIENT's 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 43.2IC RCW 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
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.
For more suggestions visit ECOLOGY's web page: Green Purchasing, ,
https://eco logy.wa.gov/Regulations-Permits/Guidance-techn ical-assistance/Sustainable-purchasing.
27. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the
Version 10/30/2015
State of Washington Department of Ecology Page 21 of 22
Agreement No: W2RLSWFA-I7I 9-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
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 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 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,except as noted
below. 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 limitations 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,although
ECOLOGY will make a reasonable attempt to provide notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor
through the effective date of termination or suspension.Reimbursed costs must be agreed to by ECOLOGY and the
recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the
agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c) By Mutual Agreement
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
materials 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
Version 10/30/2015
State of Washington Department of Ecology Page 22 of 22
Agreement No: W2RLSWFA-1719-JeCoPH-00035
Project Title: 2017-19 LSWFA Jefferson Co PH-IMP
Recipient Name: JEFFERSON COUNTY PUBLIC HEALTH
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds,identified herein.
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 rights 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 writing by the
authorized representative of ECOLOGY.
Version 10/30/2015