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Home My WebLink About2088 - Washington State - Agreement - Solid Waste Management Waste Reduction and Recycling Eduction SWMWRRED-1921-MaryPW-00021DEPARTMENT OF .. ECOLOGY ..... State of Washington RECEIVED DEC 1 6 2019 EcologySWM Agreement No. SWMWRRED-1921-MaryPW-00021 SOLID WAS T E MANAGEMENT WASTE RED UCTION AND RECYCL ING E D UCATIO N AGREEMENT B ETWEEN T HE STATE O F WASHI NGTO N DE PA RTMENT OF ECOLO GY AN D CITY O F MAR YSVILLE P UBLIC WORKS This is a binding Agreement entered into by and between the s tate of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and C ITY OF MARYSVILLE PUBLIC WORKS, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities descri bed here in. GENERAL INFO RMATIO N Project Title: Total Cost: Total Eligible Cost: Ecology S hare : Recipient Share: The Effective Date of this Agreement is: The Expi ratio n Date of this Agreement is no later than: Project Type: Project Short Description: M ul tifamily Clean Recycling $60,000.00 $60,000.00 $45,000.00 $15,000.00 09/01/2019 0613012021 Solid Wa s te Education The City of Marysville will ident ify contam ination in mu l tifamily recycling programs and provide recycling program des ign and technical assistance, and education support to reduce contamination ofrecyclable mate ri als and improve multifamily recycling programs. Project Long Description: The Multifamily Clean Recycling p roject is a collaborative effort between the City of Marysville, Waste Management (WM) -the contracted recycling service provider, and B lu e Marble Environmental -a re cycling education consulting group . The project will provide a m ulti-pronged approach to identify contamination in the multifamily target audience and provide specific and coordinated edu cation to property management and res idents to correct contamination occu rrences a nd change behavior. Resident education w ill include door to door recycli ng engagement with res idents, distribution of recycling instructio ns to residents, and recycling education presentations to residents via tabling events or ORIGINAL State of Washington Departme!J.t of Ecology . Agreement No: tr\!\ ~ · SWMWRRED-1921-MaryPw:ooo21 Project Title: Multifamily Clean Recycling Recipient Name: , . · ~ \ .. -CITY._OF MARYSVILLE PUBLIC WORKS fr•,,'·}::'.-\f;.1.•: presentations in co=on areas. The project is supported by Snohomish County,,which provides printing and production of posters and recycling instructions, and residentialinfonnation flyers for h9usehold hazardous wast~ disposal options, appliance recycling, and ~ther disposal/recycle programs. · · ' · · Overall Goal: . . .r • . -~ . • . , , 1) Monitor· recycling carts and apply multiple education strategies to correct contamination ocqurrences. 2) Provide recycling education support to residents that addresses and corrects specific contamination of recyclable . ' materials identified by cart monitoring and service provider driv~r observations at time of recycle cart collection. 3) Reduce contamination ofrecyclable m~terials genei:ated from the City ofMary~ville multif~ly community. r/:1r.1,. ... ~~~·-'"" Tempfate Version 10/30/2d15 '\ •rnrJ1.-· :~."·-ii , ,,]. ,•...,.,,~~.·· .. ~ .. ' ' -. ., " \~ . " ~) ': '' ., . '!' 'I ,, ,, !. ' ' ~ ... ~ Page2 of23 State of Washington Department of Ecology Agreement No: SWMWRRED-l 921-MaryPW-00021 Project Title: Multifamily Clean Recycling Recipient Name: CITY OF MARYSVILLE PUBLIC WORKS RECIPIENT INFORMATION ~ Organization Name: CITY OF MARYSVILLE PUBLIC WORKS ; Federal Tax ID: ; DUNS Number: . ; Mailing Address: 'Physical Address: Contacts Template Version 10/30/2015 91-6001459 076658673 80 Columbia Ave. Marysville, WA 98270 80 Columbia Ave. Marysville, Washington 98270 ' ,. . ,,,. '•'· ~ .... '·: · : •~r I . ". " , ' '' .. ' ·i:,'.Page3of23 . ' ' ' ,., ,... State of Washington Department of Ecology Page 4 of23 Agreement No: SWMWRRED-1921-MaryPW-00021 Project Title: Multifamily Clean Recycling Recipient Name: CITY OF MARYSVILLE PUBLIC WORKS Project Manager Jack Harris .. 5419 Greenwood Ave North Seattle, Washington 98103 Email: jharris@seanet.com Phone: (206) 755-5225 Billing Contact JR Myers Solid Waste Supervisor 80 Columbia Ave. Marysville, Washington 98270 Email: jrmyers@marysvillewa.gov Phone: (360) 363-8173 JR Myers . Authorized Solid Waste Supervisor Signatory 80 Columbia Ave. Marysville, Washington 98270 Email: jrmyers@marysvillewa.gov Phone: (360) 363-8173 Template Version-10/3012015 State ofWashington·Department of Ecology Agreement No: SWMWRRED-1921-MaryPW..()()()21 Project TI tie: Multifamily Clean Recycling Recipient Name: CITY OF MARYSVILLE PUBLIC WORKS ECOLOGY INFORMATION Mailing Address: ' .. ' Physical Address: Contacts . , ' Project Manager Department of Ecology ,Solid Waste-Management POBOX47600 Olympia, WA98504-7600 Solid Waste Management 300 Desmond Drive SE Lacey, WA 98503 . ,r. Kelsey Dunne . ' ' 'PO Box47600 " .. ·' " blympia, Wa8hington 98504-7600 Email: KDUN46f@ecy.wa.'gov Phone: (360) 407-6129 ' " ' " ' ' ' : . Kelsey Dunne Financial Manager-: ' ' .. , PO Box47600 Olympia, Washington 98504-7600 Email: KDUN46l@ecy.wa.gov Phone: (360) 407-6129 . . . \ . ~ ~ Template Version 10/30/2015 Page S of23 •' .· ' ," n ., ' ' 1'1 '! ' ' ) ' ;';. , '' :• •;' : 'i . " ,. .f" ,J '"··. ' .. : . :· ,,,. ' ',JI ' ' ; ' .. " State o f Was hington Department of Eco lo gy Page 6 of23 Agreement No: SWMWRRED-192 1-MaryPW-00021 Project Title: Multifamily C lean Recycling Recipient Name: CITY OF MARYSVILLE PUBLI C WORKS AUT HORI ZING SIGNATURES RECIPIENT agrees to furni s h the necessary personnel, equipment, materials, services, and otherwise do all thi ngs neces sary for or incidental to th.e .~erfonnance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the e ntire Agreement , including all the terms and conditions of thi s Agreement, Scope of Work, attac hments, and incorporated or referenced doc uments, as well as all appli cable laws, statutes, rules , regulations, and guidelines m entioned in th is Agreement. Furthermore, the RECIPIENT has read, understood , and accepts all requirements contained within this Agreement . This Agreement contains the entire understandin g between the parties, and there are no other understandings or representations other than as set forth , or incorporated by reference, here in. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by authorized repre sentatives of the RECIPIENT and ECOLOGY and mad e a part of thi s agreement. ECOLOGY and RECIPIENT may change their respective s taff contacts w ithout the concurrence of e ith er party. This Agreement sh all be s ubjec t to the written approval of Ecology's authorized representative and shall not be binding unti l so approved. The s ignatories to thi s Agreement represent that they have the authority to execute this Agreement a nd bind their res pective organizations to th is Agreement. Washington State Department of Eco logy CITY OF MARYSVILLE PUBLIC WORKS !/. v./7 Laurie Davies Solid Waste M ana gement Program Manager Template Approved to Form by Attorney General's Offi ce Te mplate Vers ion l 0/3012015 Date JR Myers Date So lid Waste Supervisor State ofWashington Department of Ecology Page 7 of23 Agreement No: SWMWRRED-l 921-MaryPW--00021 Project Ti t.l e: Mu.lti family Clean Recyc ling Recipi ent Name: CITY OF MARYSVILLE PUB LI C WORKS Jon Nehring D ate Template Version I 0/30/2015 State of Washington Department of Ecology Page 8 of23 Agreement No: SWMWRRED-1921-MaryPW-00021 Project Title: Multifamily Clean Recycling Recipient Name: CITY OF MARYSVILLE PUBLIC WORKS SCOPE OF WORK . ,, Task Number: 1 Task Cost: $7,000.00 Task Title: Project Administration Task Description: ~01:··1 ~r cs b5V01Qtlf' A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal (tfrequ-:efits\~r~i!l,!.~~~1em;~t and corresponding backup documentation, progress reports and recipient closeout report; submittal of required performance items; and compliance with applicable procurement and contracting requirements. B. The RECIPIENT will, along with each request for reimbursement, prepare and submit a progress report to ECOLOGY's. project manager through Ecology's Administration of Grants and Loans (EAGL) online grant management system. The reports shall include, at a minimum, the following information: I. A comparison of actual accomplishments to the objectives established for the reporting period. 2. The reasons for any delays if the project does not meet established objectives.· 3. Plan and schedule of activities for the upcoming two months. 4. Analysis and explanations of any cost overruns. 5. Any additional pertinent information. C. The RECIPIENT will submit a Recipient Closeout Report encompassing the entire project with their last payment request. The RECIPIENT shall submit the fmal payment request and Recipient Closeout Report within 30 days of the Agreement expiration date. D. The RECIPIENT must manage and 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 administration requirements. Task Expected Outcome: I. Timely and complete submittal ofrequests for reimbursement, quarterly progress reports and recipient closeout report. · 2. Properly maintained project documentation. Template Version 10/30/2015 ·state ofWashin~n Department of Ecology Agreement No: SWMWRRED-1921-MacyPW-00021 Project Title: Multifamily Clean Recycling Recipient Name: CITY OF MARYSVILLE PUBLIC WORKS Recipient Task Coordinator: Jack Harris P,roject Administration Deliverables Number Description 1.1 Payment Request/Progress Report 1.2 Payment Request/Progress Report ,·· :! . ;, • I•' ·" ,. 1.3 Payment Request/Progress Rep~rt . 1.4 Payment Request/Progress Report 1.5 Payment Request/Progress Report· · ·. 1.6 Payment Request/Progress Report . 1.7 ·Payment Request/Progress Report ~ . 1.8 ";~· t .: :f'.ina.l Q~a!:lerly P!!ym~µt Requ~s~rogress Report 1.9 ; l i Final'R~~ipiei'it Clos~out Report '1.., ! " ' . ,. Template Version 10/30/2015 .. . ' ·"' ' d • .. . .. ' ' ' ' ' ' !", ... .. -"'. .. '. ' ' ·' ,. .. ,., ;-r .' Page.9 of23 Due Date 10/30/2019 01/30/2020 ' . 04/30/20~0 07/30/2020 ,. ' .. ' ' .. ,., ';., .. ' '' 10/30/2020; .. : .. , . ·,·, ., Ol/30/2021 .>:•I ' 04/30/2021' ,,,, . . ' 07/30/~07.l '". .. 07/30/2021 " " . ' State of Washington Department of Ecology Agreement No: SWMWRRED-1921-MaryPW-00021 Project TI tie: Multifamily Clean Recycling Recipient Name:· CITY OF MARYSVILLE PUBLIC WORKS SCOPE OF WORK Task Number: 2 Task Cost: $53,000.00 Task Title: · Multifa!llilY Clean jlecycling Task Description: The RECIPIENT will accomplish the following to complete this task: -Plaii and conduct meetings with Waste Management, and recycling consultant education and outreach siaff. -Screen, scout and review multifamily properties and recycling containe_rs: · ' -Identify and s.elect 40 to 55 properties for program participation. -Meet with property management and maintenance. · · -Monitor and identify contamination items/issues and amount of contamination. -Review and compare contamination observatiollil and findings with Waste Management. -Develop key recycling messages to reduce contamination.· .... , ... -Pl~n and conduct res.ident door-to-door education outreach and recycling presentations, to residents with property management. Page 10 of23 -Provide technical recycling program design and setup assistance (container orientation and location, potential service level ' ... . -. . - changes to recycle, install posters, apply container decals, develop and post specific signage in strategic attention getting locations to reinforce and support key message). -Monitor and check containers to evaluate and measure contamination reduction. -Record findings and track results. -Report/share information with project team. -Provide feedback/results to property managers and program information/instruction packets to ensure success for current and new residents. Materials and education will be available and provided in English and Spanish. This includes recycling instructions and customized "recycle right" messaging in English and Spanish, as well as Spanish speaking recycling education and outreach staff · for door to door and education presentations. The RECIPIENT's communication documents and materials paid for with the \ask budget must be pre-approved by ECOLOGY as outlined in General Terms and Conditions 19. PRESENTATION AND PROMOTIONAL MATERIALS in this Agreement. Task costs: -Consultant fees -Travel costs -Administrative costs -Production of educational materials Task Goal Statement: 1) Monitor recycling carts and apply multiple education strategies to correct contamination occurrences. 2) Provide recycling education support to residents that addresses and corrects specific contamination of recyclable _materials identified by cart monitoring and service provider driver observations at time of recycle cart collection. Template Version 10/30/2015 ,. ~State of Washington Department of Ecology , Page 11 of 23 Agreement No: SWMWRRED-1921-MaryPW-00021 , ' Project Title: Multifamily Clean Recycling Recipient Name: CITY OF MARYSVILLE PUBLIC WORKS 3) Reduce contamination of recyclable materials generated from the City of Marysville multifamily community. Task Expected Outcome: -·· ' ' ,. Reduce contamination in recycle containers by 50% of initially assessed level of contamination. · • • • ·, .r Recipient Task Co'ordinator: ·." Jack'Harris· Multifamily Clean Recycling Deliverables . . ' '; ! l' ' Number Description .... • ' ,, 2.1 List of selected properties for program participation. . . .. .. . . 2.2 Key recycling messages. 2.3 Information/instruction packets provided io residents. 2.4 Summary of final assessiµent. , , " ... " ' . '•, ~ --· ... ~ •• ;<.1 •• '' ! ' '. ""' Template Version 10/30/2~15 ,:._ .. -·.,•> . "• . ' .. ' 'I ' ' ' \~ ', ' ·' '. Due Date ;,;r:',;, 03/31/2020 .. 06/30/2020 03/31/2021 06/30/2021, .. -·' ··-. '. ,1.,•,\ •• '' ! 'f :.:::1 1 I • .:, I,,..,, ' ' '' :; ·' -, ':' . J ",. .... ' . -.. .,,._ .. '._,_ , .. . -. ' •. _., ,i, .· ,, !-' •• '. . ' ·l . .,... .... , " ' ' State of Washington Department of Ecology Agreement No: SWMWRRED-192!-MaryPW-00021 Project Title: Multifamily Clean Recycling '' Recipient Name: CITY OF MARYSVILLE PUBLIC WORKS '• BUDGET Funding Distribution EG200295 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: Funding Effective Date: Funding Source: City of Marysville Public Works WRRED 69101120·19 Funding Type: Funding Expiration Date:· Grant 06/30/2021 Title: Waste· Reduction, Recycling, and Litter Control Account (WRRLCA) Type: Funding Source %;. Description: Approved Indirect Costs Rate: Recipient Match %: lnKind Interlocal Allowed: InKind Other Allowed: Staie .100% . ,Waste Reduction an~ Recycling Educatfoh Grants Approved State Indirect Rate: 30% 25% No Yes Is this Funding Distribution used to match a federal grant? No City of Marysville Public Works WRRED Task Total Project Administration $ 7,000.00 Multifamily Clean Recycling $ 53,000.00 Total:$ 60,000.00 Template Version 10/3012015 Page 12 of23 State of Washington Department of Ecology _ · 'Page.13 of·23 Agreement No: SWMWRRED-192 l-MaiyPW-00021 Project Title: Multifamily Clean Recycling Recipient Name: CITY OF MARYSVILLE PUBLIC WORKS • ,-1 '-··. •1' • • . -. ·: Funding Distribution Sum~~ry • . •tJ!." . ' Recipient I Ecology Share . t ,... ' ~ I '· 'f .. . . .. ' .. ,• ' " ' !I I ·-.. • r . " ' ' ' .. ·"·. ·' .. Funding Iiistribution Name •.'· 'Recipient Match % " Recipient siJ'are ' " • t. -1 ' .. Total .. Eco1o·gy Share . ' -. -. " .. City ofMary~viUe Public Works· ' 25.00· % $ 15,0QO.OO $. 45,000.00 $ ' ; 160,000.00 . '· . - WRRED · ,' ,; : ' ' ·, ' ; ' 'i .. ' ' . . ' .-\ I •: ~ . ·'°Total ·1 ,. 1 j , " $ 15,000.00 $' 45,lioo:oo: $ '60,000.00 . .. AGREEMENT SPECIFIC TERMS AND CONDITIONS' . i • l .·; ·" . ' NIA . ,,, . l ~: ' ' ' ' .. : ·.: . '' ~ ' ll . SPECIAL TERMS AND CONDITIONS . ' ' . :. ·• I ; ' i ' ' ' ' '." ; l -·' "-' -· 'j, f.'' 1 ( , ·-• '.' • • -' ' The RECIPIENT must co=unicate in the Progress Reports any delays likely to lastlonger than three months and deviations from the spending plan of more tlian· $5,ooo:' " -' ' ' ' " . i.. ~ . .- ECOLOGY reserves the right to terminate the Agreement based on non-performance, including but not limited to spending delays longer than six corisecuii~e ~oriths-lis c~mpare'd•t~ the~p~~ding pl~:-· -· · · 1 -' • ' ·· • ' ' ' ' ·.·. TheRECIPIENT's 'pa~t perform~~ •• including but not limiied to tlmely and a~cUtate PRPRs, completing deli~etables, and spending the agreement budget prior to end of the biennium, may be used in evaluating futui-e Waste Reduction and Recycling Education grant applications. '. •! = J' : ·--'· RECIPIENT must submit within thirty (30) days ~fter the expiration date of this A~eement, all fillaneial (including paYinent requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement l . ' i ' -~ • ; of payment requests received after this date. ,• '• ' ·'· ' ' GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is. '' '. • • . I ' -, '-' ! . ' " •, ' ~ -' ' • • • '; ' , ' '. •. used to match a.federal grantaward, the following terms and conditions apply to you. . . , ·" ' '" ' . ' .. ' ' . ' ' . . . . ' ~ ' i ' ' . ' . . " ; • A. CERTIFICATION REGARDING SUSPENSION. DEBARMENT, INELIGIBILITY OR VOLUNTARY, -c.. . . ' . • -~. • I ' • ' EXCLUSION: I. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or othe~ise .excluded fro,;, contracting with the_ federal government, ~~from re~eiving 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 i=ediate 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, Template Version I 0/3 0/20 IS State of Wa shington Department of Ecology Page 14 of23 Agreement No : SWMWRRED-1921-MaryPW-00021 Project Title : Multifamily Clean Recycl ing Recipient Name : CITY OF MARYSVILLE PUBLIC WORKS primary covered transaction, principal, proposal, and vo luntarily excl uded, as used in this clau se, have the meaning set out in the Definitions and Coverage section s o f rules implementing Executive Order 12549 . You may contact ECO LO GY for assistance in obtain ing a copy of those regulations . 4. T he REC IP IENT/CONTRACTOR agrees it s ha ll not knowingly enter into any lower tie r covered transact ion w ith a person w ho is proposed for d e barment under th e appli cab le Code of Federal Regulations, debarred, suspended, d ecla red in e li g ibl e , or voluntarily excluded from participation in this covered transaction. 5. T he RECIPIENT/CONTRACTOR further agrees by s igning this agreement, tha t it will includ e thi s c lause titled "CERTIFI CATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in a ll lower ti er covered transacti ons and in aU solici ta ti o ns for lower tier covered transactions. 6. Pursuant to 2CFR l 80.330, the REC1P1ENT/CONTRACTOR is responsible for ensuring that any lower tier covered trans action complies with ce rti fication of suspe nsion and debarment requirements. 7. REC IPI ENT/CONTRACTOR acknowledges that fa il ing to disclose the in formation required in the Code of Federal Regulations may result in the de lay or negation of thi s funding agreement, or pursuance of legal remedies, includin g suspe nsion and de barment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or co ntractors , are not suspend ed or debarred , a nd will make this proof avail able to ECOLOGY before requests for re imbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a searc h in <http://www.sam.gov> and print a cop y of comple ted searc hes to document proof of co mpliance. B. FEDERAL FUNDING ACCO UNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS : CONTRACTORIREC1P IENT 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 be low must report compensation for its five top executives u sing the FFATA Data Coll ection Form. • Receives more than $25,000 in federal funds under this award. • Receives more than 80 p e rc ent of its annual gross revenues from federal funds . • Receives more than $25,000,000 in annual fe de ral fund s. Ecology will not pay any in voices unti l it ha s rece ived a completed and s igne d FFATA Data Collection Form. Eco logy is required to report the FFATA information for fede ra ll y funded agreements, in cluding the required DUNS number, at www.fsrs.gov <http: /www.fsrs.gov/> within 30 days of agreement signature. T he FFATA information wi ll be available to the pub li c at www.usaspending.gov <http:. www.usaspendmg.gov >. For more details on FFATA requirements, see www.fsrs.gov <http ://www.fsrs.gov/>. Template Version I 0130/2 01 5 State ofWaShington Department of Ecology Page 15 Of23 Agreement No: SWMWRRED-1921-MruyPW-00021 Project 1it1e: Multifamily Clean Recycling Recipient Name: CITY OF MARYSVIl.LE PUBLIC WORKS . ' ' GENERAL TERMS AND CONDITIONS ' ' ' • ~'fl • '• • / ' •, '' j Pertaining to Grant and Loan Agreements With the state of Washington, Departmerit of Ecology • ' '' • I GENERAL TERMS AND CONDITIONS AS OF LAST uPDATEI? 7-l-20l9 VERSION I. ADMINISTRATIVE REQUIREMENTS ' ' ' , .•. I • I, j , , •' , , , ~. o o • • • ; • • I ' , , I ', a) RECIPIENT shall follow the "Administrative Requirements for jlecipients of Ecology Grants and Loans-EAGL Edition." -,, ; 1 (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) , . . , . · • • : , r • , .. • , -• • ( . . • , • 'I • b) RECIPIENT shall complete all actiVities ·funded by this Agreement and be fully responsible ror 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 ;equest ' 0 : t ' ' l ' • ' ' ' I i • < • '-_, • !' . ' ' ·' proof of comphance by subgrantees and contractors. ' d) RECIPIENT's activities iinder this Agreement shall be subject to the review and approval by ECOLQGY for the exten~ ' . '~ and fharacter 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 I) ' ·' 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 p~es. ECOLOGY and tli~ RECiPIBNT may change their respective staff co~tactS ..;,ti ·a~istrative ' information without.the concurrence of either party. ' · ' · . · ' , ' ' :' , .,· • , I 3. ACCESSIBILi1f REQUIREMENTS FOR COVERED TECHNOLOGY . , ' J " • • ' ' ·.' • --·'· • '. ' • • • The RECIPIENT must comply with the Washington State Office of the Chieflnformation Officer, OCIO Policy.no. 188, Accessibility (https://ocio.wa.gov/policy/accessibllity) as 'it ~eiates to "c~vered tec~ology." This requi~em~nt appiies to ali · products supplied iinder ihe agr~eineiit~ proviaing equ~l access t~ informaiion technology by illdivid~ai~ with disabillti~s. . including and not limited to web sites/pages, web-based applicatio~. software systems, video and, ~udio co~teii~ and efoctronic documents inte11ded for publishi~g o~ Ecology's public web ~ite. · ' ' . ' -' • • • • '1 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shal! 'tike rea5~nable action to avoid, minimize, or mitigate adverse .effects to archeological and hlstoric resources.· The RECIPiENT must agre~ 'to hold h~lessthe 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: . , • ' !I "• • ' : , . ' ' . ' ,· --· a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • .Fo~ capital ~o~struction' project~ or land acqitlsitions for ~apital ~onstruction projects, if ;equired; 'co~ply with Gov~rnor Executive Order 05-05, Archaeology and Cultural Resources. , . · '' ' ·. , " ' • 'For projecti with any federal involvement, if required, comply with the National Historic Preservaiion 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 projec,t that involves ground. disturbing activities. ECOLOGY will provide the !DP form. RECIPIENT shall': . Keep the !DP at the project site. ' ~ " -. . , . Template Version 10130/2015 State ofV(ashington Department of Ecology Agrwnent No: SWMWRRED-1921-MruyPW-00021 Project Title: Multifamily Clean Recycling Recipient Name: CITY OF MARYSVILLE PUBLIC WORKS • • Make the !DP readily available to anyone working at the project site . Discuss the !DP with staff and contractors working at the project site . Implement the !DP when cultnral resources or human remains are found at the project site. c) If any archeological or hist~ric resources are found while co~ducting work under this Agreement: Page 16 of23 • Immediately stop work and notify the ECOLOGY Progra?', 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: 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 cultu;al resou~ces and human remains. . 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, ~!ate, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign 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 fri th 0 is Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clari;ied 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 unles~ agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instrnctions for submitting payment reque~ts. · ' . f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for pa~ent. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Staiewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeJ!.egistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT ifthe 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, snch payment is reasonable and approved according to this Agreeme~t, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT mnst 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. 8. COMPLIANCEWITHALLLAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits ~elated 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 · Template Version 10/30/2015 State of Washington Department of Ecology Page 17 of23 Agreement No: SWMWRRED-1921-MaryPW-()()021 Project Title: Multifamily Clean Recycling Recipient Name: CITY OF MARYSVJLLE PUBLIC WORKS 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 pennits required by authorities having jurisdiction over the project are obtained. RECIPIENT must iricliide time in their projeCt timeline for the pennit and approval processes. ECOLOGY shall have the right to immediately tenninate 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 oflaw of the state <if Washington, it is'eonsidered inodified to confonn to that statute or rule oflaw. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee,\vho exercises any function or responsillility in the review; approval, or carrying·out ofthis·Agreement, shall not have any peri;onal 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. '· I 0. CONTRACTING FOR GOODS AND SERVICES ,, RECIPIENT may contract to buy goods or services relate(ho its performance ilnder this Agreement, RECIPIENT-shall' award all contracts for ci:mstruction, purchase Of goods, equipment, services; and professional architectural and engineering services through a competitive process, ifrequired,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 contnicts 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. ·.· 11. DISPUTES When there is a dispute With regard: to the extent and character of the work, or ahy 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 ofits'appeal.. · . ··· d) ECOLOGYreviewstheRECIPIENT'sappeal. , , ' -" ·, ''· , ,;,· 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 Enviromnental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to· proceed diligently with the performance bf this.Agreement'and in Template Version 10/30/2015 State of Washington Department of Ecology Page 18 of23 Agreement No: SWMWRRED-l 921-MaryPW-00021 Project Title: Multifamily Clean Recycling Recipient Name: CITY OF MARYSVILLE PUBLIC WORKS 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. 12. 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 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/eirn. 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. 13. 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. 14. 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. 15. 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. 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) Template Version 10/30/2015 .. State of\Vashington Department of Ecology Agreement No: SWMWRRED-1921-MIU)'PW-00021 Project Title: . Recipient Name: Multifamily Clean Recycling CITY OF MARYSVILLE PUBLIC WORKS Page 19 of23 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 requiremeiits;-when economically feasible, into sri:taller'lasks cir quantities; to permit maximum participation by qualified minority 'ahd women's businesses. · · " c) Establish delivery schedules, where work requirements permit, which will' encourage participation·of qualified minorit)' 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-Minoricy'Business Enterprises of the U.S. Department of Commerce, as appropriate." • •1. ' • 18. ORDER OF PRECEDENCE , " In the event of inconsisiency' in this Agreement; uriless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following 'order:' (ai applicable federal and state statutes ·and regulations; (b) The Agreementi (c) Scope.of ' Work;'(d) Special Terms and Conditions; (e} Any provisions or terms incorporated herein by reference; including the "Administrative Reqnirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) . General Terms· and Conditions. r 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the' right to approve RECIPIENT's communication documents and materials related to the fulfillment of thisAgreement: · · r . · -.: .... ·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 tiroe for ECOLOGY's review and approval process in their project timeline. c) Ifreques~d, RECIPIENT shal! provide ECOLOGY: two (2) final copies and ari electronic copy ~f any tangible producis developed. Copies include any printed materials; and all tangible products developed such as· brochures, manuals, pamphlets; videos, au~o tapes, CDs, cllrriculum, posters; media announcements, or gadgets with· a message, such as a refrigerator magnet, and any online communications, such as web pages, biogs, 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 ofECOLOGY's logo contact · · · ECOLOGY.for guidelines. '• · RECIPIENT shall acknowledge in the·communications that funding was provided by ECOLOGY. · ... • ,· ., 1 20. 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'. i timely use of funds. . ' '• 1,' ' 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 I through March 31, April 1 through June 30; July I through Template Version 10/30/2015 State of Washington Department of Ecology Page 20 of23 Agreement No: SWMWRRED-1921-MaryPW-00021 Project Title: Multifamily Clean Recycling Recipient Name: CITY OF MARYSVILLE PUBLIC WORKS 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. 21. PROPERTYRIGHTS a) Copyrights and Patents. When-the RECIPIENT creates any copyrightable materials or invents.any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the mat~rial(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) . Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in aµy 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 ofall real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the abs.ence 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 direct.ly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by EC() LOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoffby the RECIPIENT for the fair market value of such property. t) Acquisition Projects. The following provisions shall apply ifthe project covered by this Agreement includes funds for the acquisition of land or facilities: I. 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 tide 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. 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records rela.ting 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. Template Version 10/30/2015 State of\Vashington Department of Ecology Page2.1 of23 Agreement No: SWMWRRED-1921-MaryPW-()0021 Project Titl~: Multifamily Clean Recycling Recipient Name: CITY OF MARYSVILLE PUBLIC WORKS ,. d) Be open for audit or inspection by ECOLOGY, ot by any duly authorized audit representative ·of the State of Washington,· for a period of at leasrthree (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 tliis Agreement and for at least three (3) years following grant or loan"termination ot dispute resolution hereunder.· RECIPIENT shall provide' right of access to ECOLOGY, or any other authorized· representative, at ali"ieasonable times, in· order to monitor and evaluate performance, compliance, and any other conditions.under this Agreement.- . 1 ·1· '' ; 23. RECOVERY OF FUNDS· The right of the RECIPIENT to retain monies received as·reimbursement paynients is contingent upon' satisfactory performance of this Agreement and completion of the work described in the Scope·ofWork: · · . '" . All payments to the RECIPIENT are·subject to approval and audit by ECOLOGY, and any unauthorized experiditure(s) or unallowable cost 'charged to this Agreement shall b'e refunded to ECOLOGY by_ the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous paymerifor overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOtOGY' the amount 'of any· such reduction of payments' or repayments within thirty (30) dRys Ofa 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 ECO LOG Y's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this ~greement or-any provision of any document incorporated by reference shall be heid invalid, such invalidity shall not•affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. •STATE ENVIRONMENTAL POLICY ACT (SEPA) · " RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21 C RCW aild Chapter 197-11 WAC) have been or'will be inet.: Any reimbursements ate subject to"··· this provision. '. 26. 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: 27. SUSTAINABLEPRACTICES . In order to sustain Washington's natural resources and ecosystems,'tlie 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 Template Version 10/30/2015 State of Washington Department of Ecology Page 22 of23 Agreement No: SWMWRRED-1921-MaryPW-00021 Project TI tie: Multifamily Clean Recycling Recipient Name: CITY OF MARYSVILLE PUBLIC WORKS imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. , For more suggestions visit ECOLOGY's web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) ForCause ECOLOGY may terminate for cause this Agreement with.a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the 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 ii$ 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 inay 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 through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. 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 bad 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 Template Version 10/30/2015 State of Washington Department of Ecology Page 23 of23 Agreement No: SWMWRRED-1921-MacyPW--00021 Project Title: Multifamily Clean Recycling Recipient Name: CITY QF MARYSVILLE PUBLIC WORKS 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 unde~ this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other 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. 29. 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 ;m express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this 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. Template.Version 10/30/2015