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Grant Related - Emergency Management
GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Grant County Emergency Management REQUEST SUBMITTED BY: Mireya Garcia DATE: 09/1 $/24 PHONE:509-906-6831 CONTACT PERSON ATTENDING ROUNDTABLE: MII'ey8 Garcia/Jessica Olsen CONFIDENTIAL INFORMATION: DYES ANO a 1, Ew Lu 01 M1 in 1W � g WAI ❑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 0 Grants — Fed/State/County ❑ Leases ❑ MOA / MOU El Minutes ❑Ordinances ❑Out of State Travel El Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution []Recommendation El Professional Serv/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies []Thank You's ❑Tax Title Property ❑WSLCB I -M, IZ4911M = :4 i I 171-Am EV11111 i mam3ml - I Emergency Management requests a signature from the BOCC to formally accept a Washington State Department of Ecology Grant that was awarded to Emergency Management for a total of $ 175,000. This grant funds a regional hazmat team. The term of this grant ends June 2025. If necessary, was this document reviewed by accounting? ❑ YES LEGAL REVIEW: If this documen� r�eq s__Iegal review, route to !q-g-41 for review If necessary, was this document reviewed by legal? ❑ YES © NO ONO El N/A ❑ N/A DATE OF ACTION: DEFERRED OR CONTINUED TO: OC/ nppQnvr=- npniipn ©RCTnini D1: D2: M WITHDRAWN: 4/23/24 is GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: G . rant County Emergency Management REQUEST SUBMITTED BY.. Mlreya Garcia DATE: 09/18/24 PHONE:509-906-6831 CONTACT PERSON ATTENDING ROUNDTABLE.. MlreYa Garcia/Jessica Olsen CONFIDENTIAL INFORMATION: DYES ®NO If necessary, was this document reviewed by accounting? El YES 0 NO El N/A If necessary, was this document reviewed by legal? ❑ YES ® NO F-1 N/A DATE OF ACTION: APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: -b/C�-�%� - WITHDRAWN: 4/23/24 Department: Emergency Management Grantor: Washington State Military Department Grant No. SPPREG-2325-GrCoSO-00070 Date signed: 2024 GRANT C OUNTY B OARD OF COUNTY COMMISSIONERS Danny Stone, District 1 Rob Jones, District 2 Cindy Carter, District 3 ATTEST: Barbara J. Vasquez, CMC Clerk of the Board V E r, y E �1 is n t; . __ .+�sv... L.a.....�.�.�.ti-._.... . r. •. .a n.s,.>:•�*x:,r.:-...:�:.. _-........,`.c-... - �_�...., u.z, �. e.:�..•a..�i_,.oxrmm_ Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B DEPARTMENT OF -� ECOLOGY State of Washington Agreement No. SPPREG-2325-GrCoSO-00070 SPILL PREVENTION, PREPAREDNESS, AND RESPONSE EQUIPMENT GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND GRANT COUNTY - SHERIFF'S OFFICE 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 - Sheriffs Office, 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: North Central WA Regional Hazmat Response Team $1751,000.00 $175,000.00 $17500.00 $0.00 07/01 /2023 06/30/2025 Equipment Cache Grant Project Short Description: This project sustains and improves local and regional spill response capability through the purchase of oil spill and hazardous materials response equipment for the North Central WA Regional Hazmat Response Team. Access to proper equipment, resources, and training is necessary to effectively prepare for and respond to oil spills and hazardous materials incidents in a safe, timely and effective manner. This project will support the continued efforts of the NC WA Hazmat Response Team. Project Lona Description: This grant application is a joint program between Grant, Chelan and Douglas counties in a continued effort to support the equipment, training and personnel roster of the North Central Washington Regional Hazardous Materials Response team that was initiated under the previous 21-23 SPPREG cycle. The previous grant trained 16 response personnel p and created an initial cache of response equipment regionally. the goal of this grant cycle is to bolster the team's roster Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: SPPIREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office with additional trained personnel from Wenatchee Valley Fire Department, Lake Chelan Fire and Rescue and the Cit y of Moses Lake Fire Department. The previous grant cycle also provided funds for equipment, however some specialized equipment was only able to be purchased for the Wenatchee location. This project seeks to fund duplicate J p e equipment for deployment from the Moses Lake area location to support response in the community, as well as additional equipment for the Lake Chelan location that would support more rapid deployment in Northern Chelan County and response into Okanogan County. This grant project will also support the maintenance of equipment purchased under previous grant cycles, to include repairs and restock of spill response trailers, calibration asses and d sensors for handheld meters and detectors. The Area of Response (A.OR) includes rail and highway, marine, and pipeline transportation corridors used to trans port oil and hazardous materials throughout the region. There are also several persistent risks from the proximity of rail p ty and highway corridors, petroleum bulk storage facilities, and local industrial plants. These also have the potential to p pose risk to the Columbia River, which flows through Douglas, Chelan and Grant Counties, residential communities important natural resources, and cultural and working landscapes that are vital to the re ion's economy. The agricultural g Y g ultural based economy of the area also means that there is risk from the presence of cold storage and chemical warehou ses uses and the risk from the hazardous materials that are stored, used, and transported to support the agricultural industr y. ry. Overall Goal: The overall goal of this project is to improve local, regional, and statewide oil spill and hazardous materials response p se capacity through the acquisition of equipment, resources, and training to support the Recipient's emergency response role. g Y p Page 2 of 24 Template Version 12/10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office RECIPIENT INFORMATION Organization Name: Grant County- Sheriffs Office Federal Tax ID: 91-6001319 Mailing Address: PO Box 37 Ephrata, WA 98823 Physical Address: PO Box 37 Ephrata, Washington 98823 Organization Email: mxgarcia@grantcountywa.gov Contacts Page 3 of 24 Template Version 12/10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: Page 4 of 2 g 4 SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County- Sheriffs Office Project Manager Mireya Garcia Emergency Management Specialist PO Box 37 Ephrata, Washington 98823 Email: mxgarcia@grantcountywa.gov Phone: (509) 906-6831 Billing Contact Mireya Garcia Emergency Management Specialist PO Box 37 Ephrata, Washington 98823 Email: mxgarcia@grantcountywa.gov Phone: (509) 906-6831 Mireya Garcia Authorized Emergency Management Specialist g p Signatory PO Box 37 Ephrata, Washington 98823 Email: mxgarcia@grantcountywa.gov Phone: (509) 906-6831 Template Version 12/ 10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Page 5 of 24 Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office ECOLOGY INFORMATION Mailing Address: Department of Ecology Spills PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Spills 300 Desmond Drive SE Lacey, WA 98503 Contacts Laura Hayes Project Manager PO Box 47600 Olympia, Washington 98504-7600 Email: lhay461 @ecy.wa.gov Phone: (425) 495-2632 Savanna Perez Financial Manager PO Box 47600 Olympia, Washington 98504-7600 Email: sape461@ecy.wa.gov Phone: (360) 485-5921 David Byers Technical Advisor PO Box 47600 Olympia, Washington 98504-7600 Email: dbye461 @ecy.wa.gov Phone: (360) 790-6899 Teinplate Version 12/10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Page 6 of 24 Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all th g � g e 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 writin g, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY OGY 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 of be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind d their respective organizations to this Agreement. Washington State Department of Ecology DocuSigned by: By: • �A6S ULAUAfS 9/6/2024 FF891 A-1B5759d1 Carlos Clements Spills Program Manager Template Approved to Form by Attorney General's Office Grant County- Sheriffs Office Signed by: By: A. aar6x 9/6/2024 Date Mireya Garcia Date Emergency Management Specialist Template Version 12/1fl/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office Joe Kriete Page 7 of 24 Signed by: , M" 6ut 9/6/2024 Grant County Sheriff Date Template Version 12/10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: SPPREG-2325-GrCoSO-00070 Page 8 of 24 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office SCOPE OF WORK Task Number: 1 Task Cost: $0.00 Task Title: Project Administration Task Description: A. The RECIPIENT will administer the project. Responsibilities will include but are not lim ited to. maintenance of project records, submittal of requests for reimbursement and corresponding backup documentation r progress eports and recipient closeout report (including photos), compliance with applicable procurement, contracting,and in terlocal agreement requirements, application for, receipt of, and compliance with all required permits, licenses easements, p , or property rights necessary for the project, and submittal of required performance items. B. The RECIPPIENT must manage the project. Efforts will include: coordinating, conducting, and g g, 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 ro g ups. The RECIPIENT must carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed project that meets agreement and Ecology administrative requirements. Task Expected Outcome: 1. Timely and complete submittal of requests for reimbursement, quarterly i reports and recipient progress p pient closeout report. 2. Properly maintained project documentation Recipient Task Coordinator: Mireya Garcia Project Administration Deliverables Number Description 1.1 Quarterly Progress Reports 1.2 Recipient Closeout Report 1.3 Project Outcome Summary Report Due Date Template Version 12/10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: Recipient Name: SCOPE OF WORK Task Number: 2 North Central WA Regional Hazmat Response Team Grant County - Sheriffs Office Task Title: New Response Equipment and Resources Task Cost: $122,000.00 Page 9 of 24 Task Description: A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to : maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation ro res p g s reports and recipient closeout report (including photos); compliance with applicable procurement, contracting,and int erlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses easements, p � or property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT must manage the project. Efforts will include: conducting, coordinating, and g g, scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with th e RECIPIENT s designees; the DEPARTMENT; all affected local, state, or federal jurisdictions; and an interested individuals duals or groups. The RECIPIENT must carry out this project in accordance with any completion dates outlined in this agreement. g Bement. Task Goal Statement: Properly managed project that meets agreement and Ecology administrative requirements. Task Expected Outcome • * Timely and complete submittal of requests for reimbursement, quarterlyprogress reports and P g p recipient closeout report. * Properly maintained project documentation Recipient Task Coordinator: Mireya Garcia New Response Equipment and Resources Deliverables Number Description 2.1Purchase and receive approved, eligible Chemical Detection , Containment, and PPE equipment 2.2 Schedule equipment inspection with Ecology Due Date Template Version 12/10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: Recipient Name: SCOPE OF WORK Task Number: Task Title: North Central WA Regional Hazmat Response Team Grant County - Sheriffs Office Task Cost: $30,000.00 Spill Response and Hazardous Materials Training Page 10 of 24 Task Description: A. The RECIPIENT will complete approved, eligible training related to Oil Spill and p Hazardous Materials Response and Firefighting capacity building to support the described project in accordance with COVID-19 guidance from Washington State Department of Labor & Industries, Department of Health and the Governor's office. B. The RECIPIENT will maintain training and certifications in support of the safe and effective use and deployment of any equipment, tools, and resources necessary for the implementation of the described project. P Task Goal Statement: Complete training for oil spill and hazardous materials incident and firefighting response to support response capacity building as described in the project. Task Expected Outcome: 1. Timely and complete implementation of the task. 2. Improve local, regional, and statewide response capacity through maintainingappropriate trainin g and certifications for oil spill and hazardous materials incident response. 3. Improve responder and public safety through training and certification in the use of requested eq uipment, quipment, tools, and supplies appropriate for the role or target role in an oil spill or hazardous materials incident. Recipient Task Coordinator: Mireya Garcia Spill Response and Hazardous Materials Training Deliverables Number Description 3.1 Complete approved eligible training 3.2 Provide training documentation to Ecology,h sign -in such as g n sheet and roster, trainer contracts/agreements, and copies of outreach materials Due Date Template Version 12/10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office SCOPE OF WORK Task Number: 4 Task Cost: $23 000.00 Task Title: Maintenance and Enhancement of Existing Response E Page 11 of 24 Task Description: The RECIPIENT will carry out the repairs, maintenance, and enhancements necessaryto maximize ize the benefits from existing response equipment, tools, and supplies as described in the project. Task Goal Statement: Build response capacity through the enhancement, repair, or maintenance of existing response equipment. Task Expected Outcome 1. Timely and complete implementation of the task. 2. Maximize the benefits of existing equipment through enhancements, maintenance and repairs. 3. Sustain and increase local oil spill and hazardous materials incident response and firefighting p g g capacity. 4. Properly store and maintain response equipment, tools, and supplies. Recipient Task Coordinator_ Mireya Garcia Maintenance and Enhancement of Existing Response E Deliverables Number Description Due Date 4.1 Complete equipment maintenance, repair, or enhancement 4.2 Schedule equipment inspection with Ecology Template Version 12/ 10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office BUDGET Funding Distribution EG240770 NOTE: The above funding distribution number is used to identify this specific a agreement and bind g get on payment remittances and may be referenced on other communications from ECOLOGY. Your may agreement h g yav e multiple funding distribution numbers to identify each budget. Funding Title: North Central WA Regional Hazmat ResponseFundin Type: Funding Effective Date: 07/01/2023 g yp Grant Funding Expiration Date: 06/30/2025 Funding Source: Title: Model Toxics Control Operating Account (MTCOA Fund: FD Type: State Funding Source %: 100% Description: Approved Indirect Costs Rate: Approved State Indirect Rate: 0° �o Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Total: $ 175,000.00 Page 12 of 24 Teinplate Version 12/10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office Funding Distribution Summary Recipient / Ecology Share Funding Distribution Name Recipient Match % Recipient Share North Central WA Regional 0.00 % $ Hazmat Response Team Total I I $ AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS Page 13 of 24 Ecology Share Total 4 1 - 0.00 $ 175,000.00 $ 175,000.00 0.00 1 $ 175,000.00 1 $ 1759000.00 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 1 to you. A. CERTIFICATION REGARDING SUSPENSION DEBARMENT INELIGIBILITY OR VOLU NTARY 'PYOT T TCTnNT• 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, p d, debarred, proposed for debarment, declared ineligible or otherwise excluded from contractingwith the federal government, ' g ment, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certif y 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 an lower tier c ' y covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred suspended, uspended, 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 VOLU NTARY 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 tha t any lower tier covered Template Version 12/10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office Page 14 of 24 transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Co de ode of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedie s, es, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients clpients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document compliance. roof of p B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT FFATA REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form 395 070- ECY ( ) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for i p p is five top executives using the FFATA Data Collection Form. Receives more than $30,000 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 Fo rm. . Ecology is required to report the FFATA information for federally funded agreements, includingthe required Unique re uq q Entity Identifier in www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be av ailable to the public at www.usaspending.ggov <http://www.-Lisasoe_ ndin g.go For more details on FFATA requirements, see www.fsrs. ov <httD://wvwv.fsrs.gov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURV EILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating gating 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 y ems that use covered telecommunications equipment, video surveillance services or services as a substantial or essentia l component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <h—q—s://www.govinfo..gov/conten!L/Pkg/PLAW-1 15ub1232/ df/PLAW-115 ub1232. df> section 88 P �_, 9, covered telecommunications equipment is telecommunications equipment produced b Huawei Technologies y g 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, p q pment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 88 9, are recorded in Template Version 12/ 10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office the System for Award Management (SAM) <https:Hsam.gov/SAM/> exclusion list. Page 15 of 24 Template Version 12/10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of vVashington Department of Ecology Page 16 of 24 Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology gY GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 07/01 /2023 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of EcologyGrants and Loans — ans EAGL Edition." (https ://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html) b) RECIPIENT shall complete all activities funded by this Agreement and be full responsible for the Y p 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 g luding ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserve s 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 b ECOLOGY pp y for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed b both parties. y p es. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writingand signed g ed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and p administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer OCI O Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement gY q ent applies to all products supplied under the Agreement, providing equal access to information technolo b individuals gY Y with disabilities, including and not limited to web sites/pages, web -based applications, software systems, video and audio Y � content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological an d nd historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites or other cultural re sources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Reso urces 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 • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 2 - 1 02, Archaeological and Cultural Resources. Template Version 12/10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office Page 17 of 24 • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 S ( ection 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. p c) If any Cultural Resources are found while conducting work under this Agreement follow the protoc ol of outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology gy 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 outlined utlined in the project IDP. P • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Off ice, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. g m. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local state and nd 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 b the g y RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, g s, 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 he 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 ass specified in this s 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 pri or 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 Rep ort port 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 State wide ewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration f _ g form and an IRS W 9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about Y q out the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email Pa eeRe istrat' y g ion@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPI ENT 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 g to this Agreement, as appropriate, or upon completion of an audit as specified herein. Template Version 12/10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County- Sheriffs Office Page 18 of 24 j) RECIPIENT must submit within thirty (3 0) days after the expiration date of this Agreement, all financial, nclal, performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders regulations, an d nd permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws regulations, an d nd 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, d policies g � anp 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 necessaryapprovals pp 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. ECOLOGY shall have the right to, immediately terminate for cause this Ag reement as provided herein if the RECIPIENT falls to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washin ton it is con g sidered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises an functio n on or responsibility in the review, approval, or carrying out of this Agreement, shall not have an personal or financial Y p interest, direct or Indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a art in this Agreement part, g t or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT ENT 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 p procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state r p ocurement procedures . RECIPIENT maybe required to provide written certification that they have followed their standard procurement procedures and p applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation and review r p ocurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance p p ce 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 an other matter related to this his Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions g pp 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 conclu ding the review. Template Version 12/10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office Page 19 of 24 The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirtyfrom th 30 ( ) days y e date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Direc tor 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. q Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision Y ector 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 p Agreement and In accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutuallyacceptable method acce tap , 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 env ironmental 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 lit ua Q y Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies Jul y 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 usingthe Environmental vironmental 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 i Y (GIS) s 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 ra w 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 an action brought Y g 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 ho ld the other harmless from and against any liability for any or all injuries to persons or property arisingfrom 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 co ntinue ontinue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers or agents Y g of the other party. Template Version 12/ 10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Page 20 of 24 Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement g to glue 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. g 17. MINORITYAND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) ) and women -o wned (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 encourag ed 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 o p gods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum p participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation g p cipation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises r`p (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce as appropriate. ro riate 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistencyshall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; c g , () 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"; (f) Ecology FundingProgram Guideline g s, and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillmen t of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten 10 business days ( ) y prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their Jro j ect timeline . p c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible pro ducts developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals videos, pamphlets, eos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and an g g y online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to a provide co then p copy, 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 p Y g phic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contac t ct ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING Template Version 12/10/2020 F—Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office Page 21 of 24 a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports its 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 withou t ut 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 Jul 1 through g y rough 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 pp oved by ECOLOGY, all financial, performance, and other reports required by the Agreement and fundingprogramguidelines. g . 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 t �Y o 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 p ror printed 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 p gy 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 contra u specific contrary, or upon p c 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 b ECOLOGY. If said property Y P P rtY is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash orb setoff y 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 b p y this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at an time convert an equipment, Y y 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 pursuant ursuant to this g Agreement bear to the total acquisition, purchase, or construction costs of such property. Template Version 12/ 10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Page 22 of 24 Agreement No. SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including g � g 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 re -presentative of the State e of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or an dispute resolution Y p on hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify p y 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 wil l 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 duringthe course of this Agreement greement 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 reasonab le ble times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory g p 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 an unauthorized ex e Y p nditure(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 A Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of or repayments payments p yments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent 12% from the ( ) per t' year p Y 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 ro e p p rtY• 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated b reference shall be held inv alid, valid, 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 En vironmental nvironmental Policy Act (Chapter 43.21 C RCW and Chapter 197-11 WAC) have been or will be met. An reimbursements ar this provision. Y e subject to 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement p g nt 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 dayis specified b ECOLOGY. P y Template Version 12/ 10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Page 23 of 24 Agreement No. SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County - Sheriffs Office 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is full d to Y encouraged g 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, g, hosting low impact meetings, and setting up recycling and composting programs. Purchasing may include such items as: sustainably produced products and services EPEAT registered g d 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% p post -consumer recycled a p y per, and toxic free products. For more suggestions visit ECOLOGY's web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable- urchasin . p g 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification Y p to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a q material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or p 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, orb date Y any 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 gsatisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiablyfails in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY ma refuse to a an Y pay y fiirther 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 d 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 RECIP IENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for an reason when it is the Y best Interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT except as noted belo w. ow. 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 availabilityof funding. g. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any wayafter the effective date and d prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Y 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 . ECO LOGY 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 b the RECIPIENT NT through the effective date of termination or suspension. Reimbursed costs must be agreed to b ECOLOGY and the RECIPIENT. CIPIENT. In no Template Version 12/10/2020 Docusign Envelope ID: 996873E2-4A4A-4177-B80C-9B415C260C1 B State of Washington Department of Ecology Agreement No: SPPREG-2325-GrCoSO-00070 Project Title: North Central WA Regional Hazmat Response Team Recipient Name: Grant County- Sheriffs Office Page 24 of 24 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 ' g ngent 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 r photographs, eports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become roof property rty ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for an satisfactory work completed Y ry on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds aid to the e 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, p g ement, the state of Washington is named as an 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 an subsequent default Y q or breach, and well not be construed as a modification of the terms of this Agreement unless stated as such in writingb the y authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 ocuSi Dgn certificate Of Completion Envelope Id: 996873E24A4A4177B80C9B415C260C1 B Subject: Please DocuSign: Spills Grant - SPPREG-2325-GrCoSO-00070 Agreement Status: Completed Source Envelope: L7ocument Pages: 25 Signatures: 3 Envelope Originator: Certificate Pages: 2 Initials: 1 Richard Williams AutoNav: Enabled Envelopeld Stamping: Enabled P.O. Box 47600 Time Zone. (UTC-08:00) Pacific Time (US &Canada) Olympia, WA 98504 riwi461@ecy.wa.gov IP Address: 67.168.0.36 Record Tracking Status: Original Holder: Richard Williams Location: DocuSign 9/6/2024 9:21:41 AM riwi461@ecy.wa.gov Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Washington State Department of Ecology Location: DocuSign Signer Events' Signature �Ti mestamp Joe Kriete J Kriete@grantcountywa.gov Signed by: 60-, Sent: 9/6/2024 9:2 5.12 AM Security Level: Email, Account Authentication ,,�bt, BA87747FDKE49E... Viewed: 9/6/2024 9.26.22 AM (None) I Signed: 9/6/2024 9:27:00 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mireya Garcia mxgarcia@grantcountywa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carlos Clements cac1461 @ECY.WA.GOV Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature Adoption: Pre -selected Style Using IP Address: 216.215.12.5 Signed by: NVt O. axr6o' 86B4FDF33FD44A9... Signature Adoption: Pre -selected Style Using IP Address: 216.215.12.5 DocuSigneedby: ("S OJAUAh EF8219965752412... Signature Adoption: Pre -selected Style Using IP Address: 174.231.135.255 Signed using mobile Sent: 9/6/2024 9:25:12 AM Viewed: 9/6/2024 9:32:20 AM Signed: 9/6/2024 9:40:42 AM Sent: 9/6/2024 9:40:44 AM Viewed: 9/6/2024 10:12:36 AM Signed: 9/6/2024 10:13:10 AM In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp G4ertified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Janice Sepulveda jsep461 @ecy.wa.gov C I E Sent: 9/6/2024 9:40:44 AM Program Manager Assistant Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Laura Hayes Sent: 9/6/2024 10:13:12 AM LHAY461 @ECY.WA.GOV COPIED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign 1Nifiness Events Signature-- -- - ----- Tim t es amp Notary Events Si nature ,- !m' estam'p .. ._._ Envelope Summary Events Status Ti mestamps Envelope Sent Hashed/Encrypted 9/6/2024 9:25:12 AM Certified Delivered Security Checked 9/6/2024 10:12:36 AM Signing Complete Security Checked 9/6/2024 10:13:10 AM Completed Security Checked 9/6/2024 10:13:12 AM Payment Events Status T' iniestamps