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HomeMy WebLinkAbout121718_ca11615 Sheridan Street li Port Townsend, WA 98368 to=XV4 www.JeffersonCounty Public Hec&s�,fit hgenda Public HealthNovember 9, 2018 ,JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford, Environmental Public Health Director Tami Pokorny, Natural Resources Program Coordinator DATE: SUBJECT: Agenda Item — DOE Lower Big Quilcene Floodplain Demolitions and Replanting; Nov. 15, 2018 — May 15, 2020; $35,810.00 as match to RCO funding ($202,926.00) for total $238,735.00 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of DOE Lower Big Quilcene Floodplain Demolitions and Replanting to fund the acquisition, clean-up, and restoration of properties, Nov. 15, 2018 — May 15, 2020; $35,810.00 as match to RCO funding ($202,926.00) for total $238,735.00 ANALYSIS I STRATEGIC GOALS/PRO'S and CON'S: In coordination with RCO SRFB — Salmon State Projects, JCPH will acquire, clean-up, and restore one or more properties on the lower Big Quilcene River floodplain for improved water quality. The project also supports a broader effort to recover the natural, self-sustaining channel migration zone functions that generate productive fish and wildlife habitat in the lower three miles to benefit Hood Canal Summer Chum and Puget Sound Chinook. FISCAL IMPACT/COST BENEFIT ANALYSIS: $35,810.00 from DOE is provided as a match to RCO�Jfunding ($202,926.00) for�/Total $2,,,���38,```73///5.00. �/ r -e o-r�o r 6'l — izc,� � _'A uS �! 05 - P t� `r Cs+` i /L /�c � � �E� h.� 4 RECOMMENDATION: JCPH Management recommends BOCC signature of the DOE Lower Big Quilcene Floodplain Demolitions and Replanting to fund the acquisition, clean-up, and restoration of properties, Nov. 15, 2018 — May 15, 2020; $35,810.00 as match to RCO funding ($202,926.00) for total $238,735.00 REVIEWED BY: r j L Philip Mo County A nistra Date Community Health Environmental Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487 DEPARTMENT OF ECOLOGY State of Washington Agreement No. SEAT 14A-VER3-JeCoP1-t-00037 SHORELANDS TERRY HUSSEMAN ACCOUNT V3 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: 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: Lower Big Quilcene Floodplain Demolitions and Replanting $238,735.00 $35,810.00 $35,810.00 $0.00 11/15/2018 05/15/2020 Statewide Significance project Short Description: In coordination with other grant program activities, the RECIPIENT will acquire, clean-up, and restore one or more properties on the lower Big Quilcene River floodplain for improved water quality. The project also supports a broader effort to recover the natural, self-sustaining channel migration zone functions that generate productive fish and wildlife habitat in the lower three miles to benefit Hood Canal Summer Chum and Puget Sound Chinook. Project long Description: The Big Quilcene River is located in west central Hood Canal and sustains a vitally important run of ESA -listed Hood Canal Summer -run Chum salmon. The river also provides habitat for Puget Sound Chinook and odd -year pink salmon as well as Puget Sound steelhead and cutthroat trout. The Hood Canal Summer Chum Recovery Plan identifies the lower mile of the Big Quilcene River as the area where most of the summer chum spawning occurs. State of Washington Department of Ecology Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health Since the early 1990s, more than 110 acres of floodplain and estuary have been acquired and cleaned up by Jefferson County, WDFW and the Hood Canal Salmon Enhancement Group (HCSEG) in anticipation of comprehensive restoration efforts. Currently, the river channel is artificially straightened, confined and aggraded and it lacks the habitat diversity needed to sustain fish over time. The preferred restoration designs recommend removal of the north side levee, construction of a new channel, and relocation and enlargement of an existing bridge. The final restoration design will be determined by the geography of additional willing landowners. The RECIPIENT will coordinate and conduct tasks and services and communications necessary to acquire and restore one or more identified properties (number of properties contingent on their fair market value and availability of funds). In addition to closing, these may include communications with project partners, community members, and landowners; performance of environmental site assessments, appraisals, appraisal reviews, surveys, and inspections; and development of agreements, reports, and agreements. The RECIPIENT will also conduct necessary testing prior to demolition and/or cleanup of solid waste, vehicles, or other materials. Submit for permits for demolition, cleanup, well decommissioning including well casing removal, and onsite septic system decommissioning. Develop and distribute a Request for Proposal (RFP). Contract for, conduct, and complete demolition, decommissioning (of well and on-site septic system), cleanup, and re -vegetate properties. As an outgrowth of this project, land improvements will be removed from the floodplain. Onsite systems and wells will be decommissioned and any solid waste removed. Invasive weeds will be removed and disturbed areas will be replanted/reseeded in preparation for implementation of the final Lower Big Quilcene Restoration Design. This project's scope of work, budget and deliverables are intended to align with those of the RECIPIENT'S Recreation and Conservation Office Project #16-1480. In addition, the Hood Canal Salmon Enhancement Group has been awarded a Floodplains by Design grant, Agreement SEAFBD-2017-HoCSEG-00009 for work associated with this project during the 2017-2019 funding cycle. Overall Goal: The project goal is to successfully acquire and restore one or more floodplain properties, up to the limit of available funds, necessary to the future implementation of the Lower Big Quilcene Restoration Design. The design, which is currently under development by Hood Canal Salmon Enhancement Group, under a Floodplains by Design Agreement (SEAFBD-2017-HoCSEG-00009) is intended to reestablish a natural, self-sustaining channel migration zone and to recover ESA -listed Hood Canal Summer Chum Salmon habitat in the lower mile of the river. Version 10/30/2015 Page 2 of 24 State of Washington Department of Ecology Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting 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 Page 3 of 24 Project Manager Tamara Pokorny Natural Resources Program Coordinator 615 Sheridan St Port Townsend, Washington 98368 Email: tpokorny@co.jefferson.wa.us Phone: (360) 385-9444 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@co.jefferson.wa.us Phone: (360)385-9103 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health ECOLOGY INFORMATION Mailing Address: Department of Ecology Shorelands PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Shorelands 300 Desmond Drive SE Lacey, WA 98503 Contacts Page 4 of 24 Version 10/30/2015 Michelle McConnell Project Manager PO Box 47775 Olympia, Washington 98504-7775 Email: micm461@ecy.wa.gov Phone: (360) 407-6349 Amy Krause Financial Manager PO Box 47600 Olympia, Washington 98504-7600 Email: amkr461@ecy.wa.gov Phone: (360) 407-7107 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health AUTHORIZING SIGNATURES Page 5 of 24 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 Department of Ecology LIN Gordon White Shorelands Program Manager Template Approved to Form by Attorney General's Office Version 10/30/2015 Jefferson County Public Health 0 Date David Sullivan Date Chair, Board of County Commissioners A ■ C`:da! Date: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney Jefferson County Prosecuting Attorney's Office State of Washington Department of Ecology Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health SCOPE OF WORK Task Number: 1 Task Cost: $945.00 Task Title: Project Administration/Management Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including photos). B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports and recipient closeout report. * Properly maintained project documentation Recipient Task Coorditiator: Tami Pokorny Project Administration/Management Deliverables Page 6 of 24 Number Description Due Date 1.1 Quarterly Progress Reports 1.2 Recipient Closeout Report 05/15/2020 1.3 Project Outcome Summary Report 05/15/2020 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health SCOPE OF WORK Task Number 2 Task Cost: $26,330.00 Task Title: Property Acquisition Task Doo i_ JMion: The RECIPIENT will work with project partners and landowners to acquire key parcels located in the "Lower One Mile" Reach of the Big Quilcene River floodplain. Property acquisitions involve one or more properties, up to the limit of available funds, in the "lower One Mile Reach (see EAGL Update screen for Exhibit 2.). Acquisition Report: For each property purchased, The RECIPIENT will prepare an Acquisition Report. The Acquisition Report will be completed prior to submittal to Ecology and request for reimbursement. Each Acquisition Report will include but is not limited to the following documents: A. Acquisition Face Sheet (ECOLOGY Form). B. Appraisal including: -Name/ Address of seller. -General Vicinity Map. -Site Specific Map. -Legal Description. -Title Report. C. Offer letter of just compensation. D. Settlement Statement or equivalent. E. Hazardous Substances Certification (ECOLOGY Form), and Property Assessment Checklist*, both signed by the County's Public Health Department. Note: If underground tanks/septic have been left on properties until final demolition/ decertification, please provide an explanatory note/memorandum of action to be taken. F. Annotated photographic documentation of each property acquired in sufficient quantity and quality to document the state of the properties prior to and after acquisition. "After" photos are particularly needed if site is subsequently cleared of human elements such as structures, wells, septic systems, fencing, etc. G. Conservation Covenant (ECOLOGY Form): All properties acquired shall be protected as open space in perpetuity for floodplain and wetland functions, including a potential setback levee, a natural riverine environment, and as applicable: non -motorized public access trails and viewpoints with restroom facilities, nature preserves, cultivation, grazing and unimproved porous parking. (The Acquisition Report will include the pre-recorded Conservation Covenant and deed. The recorded Conservation Version 10/30/2015 Page 7 of 24 State of Washington Department of Ecology Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health Covenant and deed will be submitted to Ecology after recording with County). H. Escrow Process: (if applicable): If RECIPIENT requires resources to acquire property in advance of closing. The RECIPIENT can request (an exception to Ecology's reimbursement policy) by going through the escrow process. This process allows Ecology to pay RECIPIENT's grant funds in advance for the property acquisition through the title company The RECIPIENT, working through an established title company, will provide ECOLOGY with supporting documents including: 1) (Hard copy) (red) Face Sheet for acquisitions. 2) (Electronic) Payment Request entered in Ecology's web based grant system. 3) (Hard copy) Title Company's "Wire Transfer Request" with routing number, and wiring instructions for specific property referenced. 4) (Hard copy) Settlement Statement. 5) Closing date of property. ECOLOGY will wire funds to the title company for acquisition at the time of closing. NOTE: Allow sufficient time for ECOLOGY and the Office of the State Treasurer to process documentation (a minimum of three (3) weeks prior to closing). Task Goal Statement: Acquire specific properties from willing sellers in the lower Big Quilcene valley to restore floodplain to open space in perpetuity per the respective conservation covenants. Task Expected Outcome: Protecting people from flood prone properties; removing structures unrelated to floodplain recovery; and providing open space in perpetuity for floodplain restoration. Recipient Task Coordinator: Tami Pokorny Property Acquisition Deliverables Page 8 of 24 Number Description Due Date 2.1 Acquisition Report for each property purchased. Upload to EAGL. 05/15/2020 2.2 Include Summary report with photos of acquisition and waste removed in 05/15/2020 the RECIPIENT Closeout Report and the Project Outcome Summary Report Task 1). Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health SCOPE OF WORK Task Number: 3 Task Cost: $6,535.00 Task Title: Demolition and Cleanup Task Description: A. The RECIPIENT will conduct necessary testing prior to demolition and the cleanup of solid waste and other materials. The RECIPIENT will complete and submit all permitting required by federal, state, and local laws and ordinances, for demolition, cleanup, decommissioning of wells including well casing removal, and decommissioning of the onsite septic system. B. The RECIPIENT will assess the presence and condition of any underground septic and or oil tanks and, if applicable and if necessary, will develop a removal and decommission plan. C. The RECIPIENT will develop and distribute a Request for Proposal (RFP), conduct a proper bid process, and select a contractor to complete the removal and cleanup. D. The RECIPIENT will ensure the completion of the contract to safely remove debris off site, and to dispose of any associated hazardous materials, in an environmentally approved manner, to a certified hazardous waste facility. E. The RECIPIENT will develop two Inadvertent Discovery Plans (IDP) using an approved template provided by ECOLOGY's Project Manager. The RECIPIENT will upload copies of the IDP to EAGL prior to implementation. The RECIPIENT will instruct the contractor to keep the IDPs at each of the project sites, make the IDPs readily available to anyone working at the project sites, discuss the IDPs with the crew working at the project sites, and implement the IDP if and when cultural resources or human remains are found at the project sites. Task Goal Statement: Remove threats to water quality, floodplain function, and habitat in the Lower Big Quilcene. Task Expected Outcome_ The expected outcome of this task is the completion of all necessary steps for the safe removal and disposal of any associated debris along the shoreline of Lower Big Quilcene. Version 10/30/2015 Page 9 of 24 State of Washington Department of Ecology Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health Recipient Task Coordinator: Tami Pokorny Demolition and Cleanup Deliverables Page 10 of 24 Number Description Due Date 3.1 Complete all required permitting and upload documentation that all permit requirements have been met for each site to EAGL, prior to implementation. 3.2 Complete and upload an Inadvertent Discovery Plan (IDP) for each ro'ect site, into EAGL prior to implementation. 3.3 Complete competitive bids, contractor selection, contracting, contract mana ement, and u load all related documentation to EAGL. 3.4 Ensure removal of structures and associated debris from property. The RECIPIENT will provide documentation that this was done to the ECOLOGY Project Manaser and will record this in the progress report. 3.5 Include before and after photos of the site in both the Recipient Closeout 05/15/2020 Re ort and the Project Outcome Summmy Final Report (Task 1). Version 10/30/2015 State of Washington Department of Ecolop Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health SCOPE OF WORK Task Number: 4 Task Cost: $2,000.00 Task Title: Site Restoration and Revegetation Task Description: The restoration methods, materials, and species for vegetation used by the RECIPIENT will be consistent with specific needs of the properties areas. A. The RECIPIENT will develop a planting plan for each of the properties. The plan will include a map of the planting areas, plant list, identify the responsibilities to be undertaken, and will include a maintenance schedule. B. The RECIPIENT will hire a contractor, or WCC crew if available, to remove invasive vegetation at one or more properties. C. The RECIPIENT will instruct the contractor, or WCC crew, to manually and mechanically remove invasive species, on one or more properties, with a specific focus on controlling all Himalayan Blackberries, and other invasive species, as time allows. D. The RECIPIENT will develop two Inadvertent Discovery Plans (IDP) using an approved template provided by ECOLOGY's Project Manager. The RECIPIENT will upload copies of the IDP to EAGL prior to implementation. The RECIPIENT will instruct the contractor, or WCC crew, to keep the IDPs at the project sites, make the IDP readily available to anyone working at the project sites, discuss the IDP with the crew working at the project sites, and implement the IDP if and when cultural resources or human remains are found at the project sites. E. Once invasive plants and non-native weeds are well controlled, the RECIPIENT will re -vegetate the area by reseeding and planting bare root conifer seedlings at a minimum density of 20 feet on center. Plants used shall be compatible with the site soil conditions, and the appropriate plant protection used to reduce plant mortality. Task Goal Statement: Reduce invasive weed presence and restore properties to their native vegetated state. Task Expected Outcome: Properties acquired to support implementation of the Lower Big Quilcene Restoration Plan are returned to open space and disturbed soils are stabilized by reseeding and replanting of native seedlings. Version 10/30/2015 Page 11 of 24 State of Washington Department of Ecology Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health Rccipient Task Coordinator: Tami Pokorny Site Restoration and Revegetation Deliverables Page 12 of 24 Number Description Due Date 4.1 Complete a detailed planting plan. Upload to EAGL. 4.2 Hire a contractor to remove and treat invasive weeds and plant native species on each property. Upload all related documentation to EAGL. 4.3 Complete and upload an Inadvertent Discovery Plan (IDP) for each ro'ect site, into EAGL prior to im lementation. 4.4 Include before and after photos of the site in both the Recipient Closeout Report and the Project Outcome Summary Final Report (Task 1). 05/15/2020 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health BUDGET Funding Distribution EG190200 NOTE: The above funding distribution number is used to identify 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: Terry Husseman Account (Coastal Protection ]Funding Type: Grant Funding Effective Date: 11/15/2018 Funding Expiration Date: 05/15/2020 Funding Source: Title: Terry Husseman Account (Costal Protection Fund) Type: State Funding Source %: 100% Description: Terry Husseman Account (Coastal Protection Fund) Approved Indirect Costs Rate: Approved State Indirect Rate: 30% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Terry Husseman Account (Coastal Protection Fund) Task Total Project Administration/Management $ 945.00 Property Acquisition $ 26,330.00 Demolition and Cleanup $ 6,535.00 Site Restoration and Revegetation $ 2,000.00 Total: $ 35,810.00 Version 10/30/2015 Page 13 of 24 State of Washington Department of Ecology Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health Funding Distribution Summary Recipient / Ecology Share Page 14 of 24 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Terry Husseman Account (Coastal Protection Fund) 0.00 % $ 0.00 $ 35,810.00 $ 35,810.00 Total $ 0.00 $ 35,810.00 1 $ 35,810.00 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 Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health Page 15 of 24 Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 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:l/www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT FFATA) REPORTING REQUIREMENTS: 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:/Iwww.usaspending.goy/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting 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:Hfortress.wa.gov/ecy/publications/SummaryPages/1701004.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. Page 16 of 24 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 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 Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting 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/ContractingPurchasing/BusinessNendorPay/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 Page 17 of 24 State of Washington Department of Ecology Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting 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. 11. 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 Page 18 of 24 State of Washington Department of Ecology Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health Page 19 of 24 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 Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting 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 Page 20 of 24 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 Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health Page 21 of 24 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 Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health Page 22 of 24 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 43.21C 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:Hecology.wa.gov/Regulations-Permits/Guidance-technical-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 23 of 24 Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting 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 Agreement No: SEATHA-VER3-JeCoPH-00037 Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting Recipient Name: Jefferson County Public Health Page 24 of 24 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