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Home My WebLink AboutAgreements/Contracts - Public WorksGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT:Public Works REQUEST SUBMITTED BY: Si11I0 Nellis CONTACT PERSON ATTENDING MEETING:Andy Booth CONFIDENTIAL INFORMATION: ❑YES ®NO DATE: 10/17/2023 PHONE:509-754-682 GZ= IN! ❑Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑ Computer Related ❑ County Code ❑ Emergency Purchase ❑ Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ® Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations []Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Sery/Consultant ❑ Support Letter [:]Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB /APPROVEDATE OF ACTION: C1/),q � ❑ DENIED ❑TABLED/DEFERRED/NO ACTION TAKEN: ❑CONTINUED TO DATE: ❑OTHER f 4. i:7 GtP 4 MEMO Grant County Department of Public Works 124 Enterprise St, S.E. Ephrata, WA 98823 publicworks@grantcountywa.gov To: Grant County Board of County Commissioners From: Sam Castro Date: October 17th, 2023 Serial No. 23.112 Re: Signature for Grant Agreement #SWMLSWFA-2325-GrCoPW-00130 Dear Board of County Commissioners: Please seethe attached agreement for review and approval. Agenc :Washington State Dept. of Ecology, Local Solid Waste Financial Assistance Term of Contract: 7.1.2023 to 6.30.2025 Purpose: Initiate New Solid Waste Management Local Solid Waste Financial Assistance Agreement Amount: $343,605.00 I am seeking permission to sign the grant agreement with the Department of Ecology. Sincerely, Samuel Castro, C.P.O. Public Works Director Dated this - �;q day of 2023 Board of County Cora missito ne rs Grant County,Washiengton , Approvet. D*I.sa p prove Abstain 'Dist, #1 Dist #1 Dist #1 Qioiiu-�A_ kf%%VUIW^ Dist # -2 Dist #2 'Di5t #2 %APOW" %"J%fmv% %Fwmlm%^ Dist #3 Dist #3 Dist #3 SC:sn "To meet current and future needs, serving together with public and private entities, while fostering a respectful and successful work environment." Information .........................................................(509) 754-6082 Rob Harris, Assistant Engineer ................................ Ext. 3517 John Brissey, Supervisor -Dist. No. I ............................ Ext. 3539 FAX ....................................................................... (509) 754-6087 Bob Bersanti, Construction Engineer ...................... Ext. 3503 Mike DeTrolio, Supervisor -Dist. No. 2..............(509) 765-4:172 Sam Castro, Public Works Director ............................. Ext..3504 Karen Maedke, Admin. Support Manager .............. Ext. 3551 Rusty Soelter, Supervisor -Dist. No. 3...............(509) 787-2321 Andy Booth, Assistant Public Works Director ............ Ext. 3519 Rod Follett, Foreman -Sign Shop ..............................Ext. 3579 John Spiess, Supervisor -Central Shop ............. (509) 754-6086 Dave Bren, PE, County Road Engineer ........................Ext. 3502 Jason Collings, Solid Waste ............................ (509) 754-4319 Tim Massey, Bridge Supervisor .................................... Ext. 3535 K23- 2 5 3 Agreement No. SWMLSWFA-2023-GrCoPW-00130 SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND GRANT COUNTY PUBLIC WORKS This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and GRANT COUNTY PUBLIC WORKS, 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: P&I Grant County Public Works $4585140.00 $458,140.00 $3431605.00 $114,535.00 07/01/2023 06/30/2025 Planning & Implementation Project Short Description: Grant County Public Works will spend $458,140 to effectively manage 65 tons of household hazardous waste, recycle 150 tons of solid waste, divert 100 tons of organics from the landfill, and finish updating the solid waste management plan. Project Long Description: See the Scope of Work section for more detailed information related to individual Tasks. (l17Prn11 CTnn1 Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-GrCoPW-00130 Project Title: P&I Grant County Public Works Recipient Name: GRANT COUNTY PUBLIC WORKS Page 3 of 26 Project Manager Joan Sieverkropp Solid Waste Programs Coordinator 124 Enterprise St SE Ephrata, Washington 98823 Email: jsieverkropp@grantcountywa.gov Phone: (509) 754-6082 Billing Contact Joan Sieverkropp Solid Waste Programs Coordinator 124 Enterprise St SE Ephrata, Washington 98823 Email: jsieverkropp@grantcountywa.gov Phone: (509) 754-6082 Samuel Castro Authorized Director Signatory 124 Enterprise Street SE Ephrata, Washington 98823 Email: samcastro@grantcountywa.gov Phone: (509) 754-6082 Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-GrCoPW-00130 Project Title: P&I Grant County Public Works Recipient Name: GRANT COUNTY PUBLIC WORKS AUTHORIZING SIGNATURES Page 5 of 26 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. Washington State Department of Ecology By: Peter Lyon Solid Waste Management Acting Program Manager Template Approved to Form by Attorney General's Office Template Version 12/10/2020 GRANT COUNTY PUBLIC WORKS M Date Samuel Castro Director Date State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-GrCoPW-00130 Project Title: P&I Grant County Public Works Recipient Name: GRANT COUNTY PUBLIC WORKS Page 7 of 26 • Costs of membership in civic, business, technical, or professional organizations not pre -approved in writing by ECOLOGY • Costs not supported with required documentation Task Goal Statement: The goal of this task is to provide residents with a safe and convenient drop off of their Household Hazardous Waste (HHW) in an effort to improve the quality of the environment by diverting from they municipal solid waste stream and preventing improper disposal of this material. Task Expected Outcome: With the task budget, RECIPIENT estimates: • 65 tons HHW collected and managed Recipient Task Coordinator: Joan Sieverkropp MRW Collection and Management Deliverables Number Description Due Date 1.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-GrCoPW-00130 Project Title: P&I Grant County Public Works Recipient Name: GRANT COUNTY PUBLIC WORKS Task Goal Statement: The goal of this task is to increase the amount of material collected for recycling and diverted from disposal by providing options for residents to recycle. Task Expected Outcome: With the task budget, RECIPIENT estimates: • 154 tons of Solid Waste collected for recycling Recipient Task Coordinator: Joan Sieverkropp Recycling Operations Deliverables Page 9 of 26 Number Description Due Date 2.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-GrCoPW-00130 Project Title: P&I Grant County Public Works Recipient Name: GRANT COUNTY PUBLIC WORKS - Remove contamination from collected material and transport clean material to City facilities for reuse - Purchase, maintenance and operation of chipper - Rental of Equipment if needed for events - Grant Administration Page 11 of 26 • Supplies and tools necessary to implement the task work (description and use must be clearly communicated in the Item Description on the Expenditures Table) • Costs not listed here but approved in writing by ECOLOGY Costs Ineligible for Reimbursement: • Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40 -hour work week • Staff participation in trainings, workshops, or conferences not pre -approved in writing by ECOLOGY • Costs of membership in civic, business, technical, or professional organizations not pre -approved in writing by ECOLOGY • Costs not supported with required documentation Task Goal Statement: The goal of this project is increasing public knowledge about backyard composting, grasscycling as well as increased participation in composting. Task Expected Outcome: With the task budget, RECIPIENT estimates: • 100 tons of Organic waste diverted from landfilling Recipient Task Coordinator: Joan Sieverkropp Organics Off-site Management Deliverables Number Description Due Date 3.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-GrCoPW-00130 Project Title: P&I Grant County Public Works Recipient Name: GRANT COUNTY PUBLIC WORKS With the task budget, RECIPIENT estimates, • 1 Final Draft submitted Recipient Task Coordinator: Joan Sieverkropp Solid Waste Management Plan Maintenance Deliverables Page 13 of 26 Number Description Due Date 4.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-GrCoPW-00130 Project Title: P&I Grant County Public Works Recipient Name: GRANT COUNTY PUBLIC WORKS Funding Distribution Summary Recipient / Ecology Share Page 15 of 26 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Grant County Public Works 25.00 % $ 114,535.00 $ 34305.00 $ 458,140.00 Total $ 1149535.00 $ 3439605.00 $ 4589140.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS If the scope of this Agreement includes recycling activity managed or performed by the RECIPIENT at a recycling center (such as a transfer station or drop box location) or other locations, ECOLOGY will not reimburse disposal costs for materials collected or advertised as collected for recycling/reuse or marketed for recycling/reuse under this Agreement, unless approved in writing by ECOLOGY. RECIPIENT must immediately notify ECOLOGY when the RECIPIENT becomes aware that disposal of materials occurred or may occur due to the market conditions for recycled/reused materials. ECOLOGY may deny new costs or require repayment of costs already reimbursed or remove the task from the Agreement or terminate the Agreement. ECOLOGY's Solid Waste Management (SWM) program will implement a reporting assessment for all RECIPIENTS of grants administered through the SWM program. The assessment determines the RECIPIENT reporting level required throughout the biennium. If RECIPIENT administrative performance or changes in project circumstances trigger a reassessment, RECIPIENT will be notified of any changes to administrative requirements. RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly. The Spending Plan and Outcomes Data Collection form must be completed concurrent with the submittal of each Payment Request/Progress Report. RECIPIENT shall report outcomes in a manner consistent with instructions in the Local Solid Waste Financial Assistance guidelines. RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial (including payment requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement 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 used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY F,XCT ,T TSTON- Template Version 12/10/2020 State of Washington Department of Ecology Page 17 of 26 Agreement No: SWMLSWFA-2023-GrCoPW-00130 Project Title: P&I Grant County Public Works Recipient Name: GRANT COUNTY PUBLIC WORKS For more details on FFATA requirements, see www.fsrs. oovv <http://www.fsrs.g_ov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <htips://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115pub1232.pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https:Hsam.gov/SAM/> exclusion list. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-GrCoPW-00130 Project Title: P&I Grant County Public Works Recipient Name: GRANT COUNTY PUBLIC WORKS Page 19 of 26 • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff, volunteers, 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 Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the Department of Archaeology and Historic Preservation at (3 60) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources 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, state, 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 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's Office of Financial Management's Statewide 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 PayeeRegistration@ofm.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. Template Version 12/10/2020 State of. Washington Department of Ecology Agreement No: SWMLSWFA-2023-GrCoPW-00130 Project Title: P&I Grant County Public Works Recipient Name: GRANT COUNTY PUBLIC WORKS Page 21 of 26 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. 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/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:Hecology.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. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-GrCoPW-00130 Project Title: P&I Grant County Public Works Recipient Name: GRANT COUNTY PUBLIC WORKS Page 23 of 26 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. 21. 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 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. Template Version 12/10/2020 State of Washington Department of Ecology Agreement No: SWMLSWFA-2023-GrCoPW-00130 Project Title: P&I Grant County Public Works Recipient Name: GRANT COUNTY PUBLIC WORKS 27. SUSTAINABLE PRACTICES Page 25 of 26 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, 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) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the 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 through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no Template Version 12/10/2020