HomeMy WebLinkAboutUtilities 2016-03-15 Item 1C - Interlocal Agreement - Coordinated Prevention Grant for Recycling Program from WA Department of EcologyCity of Tukwila
Allan Ekberg, Mayor
TO: Utilities Committee
FROM: Jack Pace, Department of Community Development Director
BY: Rebecca Fox, Senior Planner
CC: Mayor Ekberg
DATE: March 8°2O16
SUBJECT: Coordinated Prevention Grant for Recycling Program
ISSUE
Council approval is required to authorize Mayor Ekberg to sign aninterlocal agreement, and
accept $18,70Oi$14'O7O grant +$4,89O local match) iO recycling funds from the Washington
Department OfEcology.
BACKGROUND
Tukwila has been awarded a Coordinated Prevention Grant (CPG) from the Washington
Department Of Ecology iO fund TUkwi|8,G Recycling Assistance program through June 30.2017.
Tukwila regularly obtains this grant, as well as a grant from King County, to support the
[eCVC|iDg pn]g[8Ol. Tukwila uses the King County recycling grant iO provide the 25%local
Dl8iCh that the CPG grant requires. TUkVVi|@`S Recycling A8SiGt8OCe P[Og[GDl is financed
entirely through outside grants rather than with City Of Tukwila funds. ASigDBd iDi8dOC8|
agreement iS required tO accept the grant money.
DISCUSSION
The CPG grant funds will be used as follows:
* Residential Recycling /7,DD0total
total combines DOE grant and 25% required local match)
Hold drop-off events for Tukwila residents iD2O1U and 2O|7tO collect and recycle h8[d-tO-
[eCVC|8 goods /i.e. d[8S, furniture, bulky yard debris, SiDkG' appliances, Styrofoam, LeX1i|8S
*
Commercial Education and Outreach /,76D) total
r total combines DOE grant and 25% required local match)
Provide support for Tukwila businesses and multi-family complexes to start and improve
recycling and waste prevention practices.
FINANCIAL IMPACT
The Coordinated Prevention Grant (CPG) from the Washington Of Ecology (D{}E)
totals 8 maximum allowable cost [f $18,760. The State grant share is $14'070. Funds from 8
Waste Reduction Recycling NV[\R\ grant from King County will provide $4,89O for the required
25% local share/match. NO direct City Vf Tukwila funds are used.
RECOMMENDATION
The Council ia being asked k} forward the intSdO:a agreement to the Regular Meeting 0n
March 21, 2016 for approval on the consent agenda.
33
]IMMUMMININT1
Agreement No. W2RCPG-1517-THkCDD-00009
WASTE 2 RESOURCES COORDINATED PREVENTION GRANT PROGRAM AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF TUKWILA
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,
hereinafter referred to as "ECOLOGY," and City of Tukwila, 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:
2015-17 CPG City of Tukwila IMP
$20,668.00
$18,760.00
$14,070.00
$4,690.00
07/10/2015
06/30/2017
Implementation
Project Short Description:
The City of Tukwila will use a $18,760 grant to provide Tukwila businesses with information and assistance
regarding recycling, waste prevention, and recycled-content products. Furthermore, residents will have access
to an annual event to which they may bring hard-to-recycle items for proper reuse or recycling. Over the
two-year grant period, an estimated 40 tons will be diverted via approximately 900 business and residential
participants.
Project Long Description:
N/A
Overall Goal:
Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental
contamination through planning and project implementation; and comply with state and local solid and
hazardous waste management plans and laws.
34
ECOLOGY
State of Washington
Agreement No. W2RCPG-1517-THkCDD-00009
WASTE 2 RESOURCES COORDINATED PREVENTION GRANT PROGRAM AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF TUKWILA
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,
hereinafter referred to as "ECOLOGY," and City of Tukwila, 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:
2015-17 CPG City of Tukwila IMP
$20,668.00
$18,760.00
$14,070.00
$4,690.00
07/10/2015
06/30/2017
Implementation
Project Short Description:
The City of Tukwila will use a $18,760 grant to provide Tukwila businesses with information and assistance
regarding recycling, waste prevention, and recycled-content products. Furthermore, residents will have access
to an annual event to which they may bring hard-to-recycle items for proper reuse or recycling. Over the
two-year grant period, an estimated 40 tons will be diverted via approximately 900 business and residential
participants.
Project Long Description:
N/A
Overall Goal:
Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental
contamination through planning and project implementation; and comply with state and local solid and
hazardous waste management plans and laws.
34
State of Washington Department of Ecology
Agreement No: W2RCPG-I 517JUkCDD-00009
Project Title 2015-17 CPG City of Tukwila IMP
Recipient Name City of Uk-mla
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Waste 2 Resources
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Waste 2 Resources
' ) 00 Desmond Drive SE
Lacey, WA 98503
Contacts
Page 3 of 20
Version 10/30/2015
35
Diana Wadley
Project
Manager
3190 160th Ave SE
Bellevue, Washington 98008-5452
Email: dwad461@ecy.wa.gov
Phone: (425) 649-7056
Diana Wadley
Financial
Manager
3 190 160th Ave SE
Bellevue, Washington 98008-5452
Email: dwai:1461@ecy.wa.gov
Phone: (425) 649-7056
Version 10/30/2015
35
State of Washington Department of Ecology
Agreement No: v2cc»u'/517-TuuCoo-00009
Project Title. zo/s'/7Cp0 City vfruuwi|uIMP
Recipient Name cuy^rum"/u
SCOPE QfWORK
Task Number: I Task, Cost: $1,760.00
Task Title: Commercial Education and Outreach Support Materials
Task Description:
RECIPIENT will provide Tukwila businesses, including City of Tukwila �cUdieo and possibly somcmuUi8amik
complexes, with materials such uo printed information and/or indoor containers, that support oo�oinguu�ouc6and
education efforts in recycling, waste prevention, use of recycled-content products, contarnination reduction, and/or how
to achieve good results.
RECIPIENT will ensure equal opportunity for all entities providing collection o[ one or more traditional commercial
recyclables (for example bottles, cans, paper, and, separately, organics) for recycling within its jurisdiction. For
example, all educational materials provided to commercial facility representatives will list all available collection
services and present them ino fair manner. RECIPIENT shall make contact with representatives of all the companies
providing commercial recycling services in the RECIPIENT's jurisdiction at least once a year to ensure tile service and
contact information shown oo outreach materials remains accurate.
RECIPIENT shall obtain ECOLOOY`o approval for all grant-funded mmmuuicatioomatoialymdmmocnts related to
the fulfillment of this Agreement, per section 18 of the General Terms and Conditions of this Agreement.
This Coordinated Prevention Grant will pay for a portion of the activities described of this task. & King County Solid
Waste Waste Reduction/Recycling (VVDO) Grant will 6c used for the 25Y6 match, uy well os other tasks that are not
identified in this Agreement.
Task Goal Statement:
The goal uf this task is to support outreach efforts to reduce waste produced by businesses, increase Tukwila recycling
rates and participation of businesses and multifamily complexes/residents, and to ensure the businesses and
multifamily residents are recycling the correct items unoitc.
Task Expected Outcome:
Over the two-year grant period, an estimated 2`000 businesses will 6c contacted via postal mail coemail. /\sa result of
the contact, his expected that approximately l006usincyycswiUpacdc' ate inTukvv6`s assistance program. The
RECIPIENT will survey selected business participants via email to determine which assistance they found the most or
least helpful, and what changes, if any, they made to their practices as a result.
a�5m20
Version 10/30/2015
36
State of Washington Department of Ecology
Agreement No W2RCPG- 1517- TLIkCDD -00009
Project Title: 2015 -17 CPG City of Tukwila IMP
Recipient Name City of Tukwila
SCOPE OF WORK
Task Number: 2 Task Cost: $17,000.00
Task Title: Recycling Collection Event - Residential
Task Description:
RECIPIENT will offer residents the opportunity to self -haul unusual recyclable and reusable materials to a temporary
drop site, open one day for approximately six hours during spring 2016 and 2017.
Materials targeted for collection may include, but are not limited to: tires, metal, wood, sinks /toilets, polystyrene foam,
large branches (not grass or leaves), household items, appliances, and furniture. Additional materials may be included
as budget and markets allow. This task also includes development and distribution of promotional materials in a
variety of formats to encourage participation.
Participants may pay some or all of the fees associated with handling, hauling or recycling various materials. The
RECIPIENT will credit the grant for any revenue received from the collection of fees or commodity sales on items the
grant is supporting.
RECIPIENT shall obtain ECOLOGY's approval for all grant - funded communication materials or documents related to
the fulfillment of this Agreement, per section 18 of the General Terns and Conditions of this Agreement.
RECIPIENT will ensure costs eligible under the E -Cycle Washington, LightReeycle Washington, and /or Call2Recycle
program are not charged to this grant, if items covered under those programs are collected.
This Coordinated Prevention Grant will pay for a portion of the activities described of this task. A King County Solid
Waste Waste Reduction /Recycling (WRR) Grant will be used for the 25% match, as well as other tasks that are not
identified in this Agreement.
Task Goal Statement:
RECIPIENT will collect "hard to recycle" items for recycling and reuse, and prevent them from going into the landfill.
Task Expected Outcome:
Over the two -year grant period, the following estimated waste amounts will be diverted via these methods: 4 tons as
moderate risk waste, 33 tons as recycle /reuse, and 3 tons as organics. This will be accomplished via some 800
households participating over the two years from a pool of 7,600 contacted each year.
Page 7 of 20
Version 10/30/2015
37
State of Washington Department of Ecology
Agreement No W2RCPG-I 517-TukCF)D-00009
Project Title 2015-17 CPG City offuk�t ila IMP
Recipient Name. City of-FuWila
BUDGET
Funding Distribution EG160281
Page 9 of 20
NOTE: The above funding distribution number is used to identify this specific agreement and budget ore payment
remittances and may be referenced on other communieationsfrom ECOLOGY )bur agreement may have multiple
finding distribution numbers to identify each budget.
Funding Title: State Building Construction Account (SBCA) Funding Type: Grant
Funding Effective Date: 07/10/2015 Funding Expiration Date: 06/30/2017 0
4�
Funding Source:
Title: State Building Construction Account (SBCA)
Type: State
Funding Source %: 100%
Description:
Approved Indirect Costs Rate: Approved State Indirect Rate: 25%
Recipient Match %: 25%
InKind Interlocal Allowed: Yes
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
State Building Construction Account (SBCA)
Task Total
Commercial Education and Outreach Support Materials
1,760.00
Recycling Collection Event - Residential
17,000.00
Total: S 18,760.00
Version 10/30/2015
38
State of Wash in .-tm Department ofEcology
A:Tecmrmwo n2ncro'1517-ruuCon'00009
Project Title unn-/7cpo City vrTuu,uuIMP
Recipient Name, cit�urTAw/*
Page o urum
DSCIBBNDC0NTD ACTOR acknowledges that failing m disclose the information required in the Code of
Federal Regulations may result io the delay or negation uf this funding agreement, orpursumuceof|ega|
remedies, including Suspension and debarment.
RECIPIENT/CONTRACTOR agrees to keep proof io its agncmcu|filc.that it, and all lower tier recipients or
contcuu1o/o`arenotsuypendod or debarred, and will make this proof available to ECOLOGY before requests for
reirnbursernents will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
±]l� ondyrintaonpyo[uocnD}o1cdscurchcytodocumcuiProofofcomp|ianoe.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
R17 UIREMENTS:
|PlByTmostcomplete the FF)Y7A Data Collection Form (BCYO7U-395) and return h
with the signed agreement to ECOLOGY.
Any OON BBNTfhatmcets each of the criteria below must report compensation for its five
"
Receives more than $2l00Oiofederal funds under this award.
"
Receives more than 80 percent oF its annual gross revenues from federal 6uuJo.
Receives more than $25,000,000 in annual federal ftinds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.
Ecology is required ioreport thcPTAJ}\inGxmutioufovfednru|y6udedogrecmunts,inu|mbngduo@uimJDDNS
number, at within 30 days of agreement signature. The FCADAiofoonoiion
will be available to the public at
For more details mPGAT&oquiremcms,00e
Version 10/30/2015
39
State ofWauinston Department of Ecology
Agreement No x2xcpo-/517-Tuunon0009
Project Title, zon'ncpo City ocToun/uIMP
Recipient Name, Cit) ofTLIk--,Nila
Page nm20
RECIPIENT. ECOLOGY must si—i2n the Agreement before any payment requests can 6csubmitted.
6) Payments will 6c made unu reimbursable 6asis for approved and completed work as specified io this Agreement.
o) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior iu incurring ooy(o. Costs that are conditionally eligible may require approval by ECOLOGY
prior 1opurchase.
J) 82C|P|ENTahall not invoice more than once per month unless ug/ucd on by ECOLOGY.
e) 8COLVGl/ni||nwproxcsypuymco\/rqocotswidzouttheppoperrcimburscooco1[brms'Yno&rcssDcpodaod
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
1) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State Department ofEnterprise Services' Statewide Payee
Desk. RECIPIENT must register as o payee 6y submitting o Statewide Payee Registration form and an IRS VV-9 form at
thcn/c6sde, kttp://ww*.dos.nm.8ov/aerviccy/ControodngPuro6usiog8\uaincyo/VenJorPay/Pa8co/Ju{buU.oapx. For any
questions about the vendor registration process contact the Statewide Payee Help Desk at (360)48?-D}8O or email
poycckc|pJosk(aJcs.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed 6y the RECIPIENT ifthe RECIPIENT fails to
satisfactorily comply with any 1crm or condition o[ 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 i[ at ECOLDOY'u on|c discretion, such payment is reasonable and approved according to
this Agreement, as appropriate, or upon completion of an audit as specified herein.
j) RECIPIENT should subrnit final requests for compensation within thirty (30) days after the expiration date of this
Agreement. Failure to comply may result iudelayed reimbursement.
7. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees nm comply fully with all applicable Federal, State and local laws, orders, regulations and permits
related to this Agreement, including but not limited to:
u) RECIPIENT agrees (o comply with all applicable laws, regu|udoua,uodpo|icicsnftheDotedBtateyunJthe8tate
of Washington which affect wages and job safety.
6) RECIPIENT agrees tnbcbound by all federal and state laws, regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required hy authorities having jurisdiction over the project are obtained. RECIPIENT must include time io their project
timeline for the permit and approval processes.
ECOLOGY shall have the right io immediately terminate for cause this Agreement an provided herein iEthe
RECIPIENT fails to comply with above requirements.
|f any provision of this Agreement vimkatcsunysta1ut cx rule o[ law of the state uf Washington, bisconsidered
modified to conform to that statute or rule uflaw.
8. CONFLICT UFINTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, memployee, who exercises any function or
responsibility in the review, approval, or carrying out ofthis Agreement, shall not have any personal o«financial
interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part,
iu this Agreement or the proceeds thereof.
4. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
version 10a0o015
State ofWauing-tou Department ofcmmgy
Agreement No. x2ncrc'|517-TuwCoo`00009
Project Title 2oo'|7cpe City vrr"xxmIMP
nec/»/entmumc cxyofT"I<w|u
d RECIPIENTS must prepare a Quality Assurance Projectylau(OA9P)wbunmpuojectiuvolvestheooOucbouof
environmental measurement data. QAPP isto ensure the consistent application of quality assurance principles to the
planning and execution of all activities involved iu generating data. RECIPIENTS must follow 2COLOGT`a
Guidelines for Preparing Quality Assurance Project Plans for Environinental Studies, July 2004 (Ecology Publication
No. 04-033-030). ECOLOGY shall review and approve the QAPP prior to start of work. The size, cost, and complexity
of the 0/\Py should 6cin proportion 10 the mn�oi(udcof the sampling cffod.
l2. GOVERNING LAW
This Agreement will 6c governed by the laws o[ the State uf Washington, and the venue of any action brought
hereunder will bcin the Superior Court o[ Thurston County.
13. INDEMNIFICATION
ECOLOGY will incm way bu held responsible for payment o[ salaries, consultant's fees, and other costs related tothe
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington perinit, each party will indemnify and hold the
other harmless frorn and against any liability for any or all injuries to persons or property arising frorn the negligent act
or omission of that party mthat party's agents m employees arising out of this Agreement.
)4. INDEPENDENT STATUS
m.-e 15 ofau
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue
tnbc employees, Volunteers, nr agents of that party and will not for any purpose bc employees, volunteers, nrogenbo[
the other party.
15. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to
give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in
return for award of a subcontract hereunder.
l6. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (NWBE)
RECIPIENT iy encouraged to solicit and reombtoUecxtunt possible, certified minority-owned (M0E) and
women-owned (WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot he made based onK4WBB participation; however, the RECIPIENT isencouraged
|n take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum
participation 6yquulifimJ minority and women's businesses.
o) Establish delivery schedules, where work requirements permit, which will encourage participation ofqualified
minority and women's businesses.
6) Use the services and assistance ofthe Washington State Office of Minority and Women's Business Enterprises
(OM\,r8E)(Q66-203-lO64) and the Office of Minority Business Enterprises of the D.8. Department oF Commerce, ao
appropriate.
17. ORDER OF PRECEDENCE
In the event ufinconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by
Version /oa000/o
41
State of Washington Departinent of Ecology
Agreement No W2RCPG- 1517- TukCDD -00009
Project Title: 2015 -17 CPG City of Tukwila IMP
Recipient Name City ofTukwila
Page 17 of 20
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.
0 Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
a. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
b. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens
certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim
which would impair the uses intended by this Agreement.
g) Conversions. Regardless of the agreement expiration date, the RECIPIENT shall not at any time convert any
equipment, property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such
property.
21. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of
Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of
this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder.
Version 10/30/2015
42
State of Washington Department of Ecology
Agreement No W2RCPG- 1517= rukCDD -00009
Project'I"itle: 2015 -17 CPG City of l"L&W la IMP
Recipient Name. City of'lhkwila
27. 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. 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.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written
agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other
Page 19 of 20
Version 10/30/2015
43