HomeMy WebLinkAbout01/06/2026 08.F. Resolution - agreement with Department of Ecology for a grant for the (ASR) and (DBP) Project No. AC2506 'V
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.F.
For Meeting of: January 6, 2026
ITEM TITLE: Resolution authorizing an agreement with the State of Washington
Department of Ecology for a grant of$350,000 for the Aquifer Storage
and Recovery (ASR) Disinfection Biproduct (DBP) Monitoring and
Recharge Enhancement Project No. AC2506
SUBMITTED BY: Scott Schafer, Director of Public Works
*Jeff Bond, Interim Water/Irrigation Manager
SUMMARY EXPLANATION:
The City of Yakima (City) began evaluating Aquifer Storage and Recovery (ASR) in 1998, allowing the
storage of treated drinking water within the groundwater aquifer. The City received a long-term ASR
Reservoir Permit in 2017 allowing for annual recharge and storage of up to 14,400 acre-feet per year.
The City's ASR program is meant to provide water availability to the City every few years, when drought
conditions are elevated and its water supply is prorated.
Although the City has substantial capacity for ASR, recharge quantities have been limited relative to our
permit authority. The primary reason is due to permit provisions associated with disinfection byproduct
(DBP) concentration in the drinking water, as well as the associated monitoring and reporting
requirements for DBP's. A way to increase recharge and storage volumes, and to inform other ASR
programs, is to develop an automated real-time monitoring program of DBP concentration levels that
ensures ASR volumes can be optimized, while protecting water quality.
The City was chosen by the Yakima Basin Integrated Plan Groundwater Subcommittee to receive a
$350,000 grant from the State of Washington through the Department of Ecology for the design,
installation and reporting of a real-time DBP monitoring system. The grant will allow us to design,
purchase, deploy, and implement automated monitoring of DBP formation. In addition to the funds that
will be provided by this grant, the City will provide funding match through staff commitments/resources,
source water costs, and additional Water Capital (477) budget.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution
Ecology Grant Agreement-ASR DBP Monitoring.pdf
289
RESOLUTION NO. R-2026-
A RESOLUTION authorizing an Agreement with the State of Washington Department of
Ecology (Ecology) for a grant of$350,000 for the ASR DBP Monitoring
and Recharge Enhancement Project No. AC2506
WHEREAS, the City of Yakima operates an Aquifer Storage and Recovery (ASR)
program to recharge and store domestic drinking water into the groundwater aquifer in
accord with applicable Federal, State and Local permits and regulations; and
WHEREAS, the City, along with its consultant Geosyntec Consultants, Inc.
(formerly Aspect Consulting) have developed a proposed project to provide real-time
monitoring of disinfection byproducts (DBP) in the domestic drinking water distribution
system to optimize ASR recharge into the groundwater aquifer; and
WHEREAS, Ecology will provide a $350,000 grant to design, purchase, install and
implement the real-time DBP monitoring equipment as part of funding provided from the
State of Washington's 2025-2027 biennial budget as part of a request for funding the
Yakima Basin Integrated Plan; and
WHEREAS, the City Council finds and determines that approval of such Grant
Agreement is in the best interests of residents of the City and the City of Yakima;
now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council approves the Agreement and authorizes the City Manager to
enter into grant agreement WRYBIP-2527-YaWalr-00081 with the State of Washington
Department of Ecology, attached hereto and incorporated by this reference, to fund the
ASR DBP Monitoring and Recharge Enhancement Project No. AC2506.
ADOPTED BY THE CITY COUNCIL this 6th day of January, 2026.
Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
290
ani DEPARTMENT OF
ECOLOGY
State of Washington
Agreement No. WRYBIP-2527-YaWaIr-00081
WATER RESOURCES YAKIMA BASIN INTEGRATED PLANNING AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF YAKIMA CITY-WATER AND IRRIGATION
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 Yakima City -Water and Irrigation,hereinafter referred to as the
"RECIPIENT,"to carry out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title: City of Yakima ASR DBP Monitoring and
Recharge Enhancement
Total Cost: $475,000.00
Total Eligible Cost: $350,000.00
Ecology Share: $350,000.00
Recipient Share: $0.00
The Effective Date of this Agreement is: 11/01/2025
The Expiration Date of this Agreement is no later than: 01/31/2029
Project Type: Yakima Basin Integrated Planning
Project Short Description:
The RECIPIENT will purchase,install,test, and implement online Disinfection Byproduct(DBP)monitoring
equipment for the source water to its Aquifer Storage and Recovery (ASR)program to significantly expand and
enhance the recharge and storage capabilities of the program.
Project Long Description:
The RECIPIENT began exploring Aquifer Storage and Recovery (ASR)in 1998 to address recurring drought
risks and ensure long-term water availability for its customers and others within the Yakima River Basin. After
years of technical analysis,testing, and stakeholder engagement, the RECIPIENT received a long-term ASR
Reservoir Permit in 2017, authorizing up to 14,400 acre-feet of annual recharge and storage.
Unlike traditional ASR programs,the RECIPIENT's ASR strategy is designed not for annual recovery,but to
provide supplemental water during drought years when their supply is prorated. In years without recovery (to
date,no significant recovery has occurred), stored water enhances groundwater levels and Yakima River
baseflows. The current permit requires that at least 10% of recharged water(15%in the first year)remain in the
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Agreement No: WRYBIP-2527-YaWaIr-00081
Project Title: City of Yakima ASR DBP Monitoring and Recharge Enhancement
Recipient Name: City of Yakima City-Water and Irrigation
aquifer annually,benefiting both in-stream and out-of-stream uses.
Despite having substantial physical and legal capacity—including treatment infrastructure,conveyance systems,
and approved ASR wells—actual recharge volumes have been limited. This is primarily due to permit
provisions related to disinfection byproduct(DBP)concentrations, which require recharge to cease when DBP
levels approach 50%of drinking water standards. Monitoring and reporting requirements have also constrained
operations.
To address this,the RECIPIENT will implement automated DBP monitoring to optimize recharge volumes and
demonstrate water quality compliance.
This project includes the purchase,installation, and implementation of online DBP monitoring equipment over
two recharge cycles.
The RECIPIENT will be covering the remaining portion of the anticipated total cost not covered by ECOLOGY
for the project through staff time, source water costs,laboratory fees, and additional consultant support.
Overall Goal:
Enhancement of the RECIPIENT's Aquifer Storage and Recovery (ASR)program by implementing real-time
monitoring of disinfection byproduct(DBP)formation and optimizing recharge operations based on actual water
quality conditions.
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Agreement No: WRYBIP-2527-YaWaIr-00081
Project Title: City of YakimaASR DBP Monitoring and Recharge Enhancement
Recipient Name: City of Yakima City-Water and Irrigation
RECIPIENT INFORMATION
Organization Name: City of Yakima City -Water and Irrigation
Federal Tax ID: 91-6001293
Mailing Address: 2301 Fruitvale Blvd.
Yakima,WA 98902
Physical Address: 2301 Fruitvale Blvd.
Organization Email: mike.shane@yakimawa.gov
Contacts
Project Manager Jeff Bond
2301 Fruitvale Blvd.
Yakima,Washington 98902
Email: jeff.bond@yakimawa.gov
Phone: (509) 576-6480
Billing Contact Jeff Bond
2301 Fruitvale Blvd.
Yakima,Washington 98902
Email: jeff.bond@yakimawa.gov
Phone: (509) 576-6480
Authorized Jeff Bond
Signatory
2301 Fruitvale Blvd.
Yakima,Washington 98902
Email: jeff.bond@yakimawa.gov
Phone: (509) 576-6480
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Agreement No: WRYBIP-2527-YaWaIr-00081
Project Title: City of YakimaASR DBP Monitoring and Recharge Enhancement
Recipient Name: City of Yakima City-Water and Irrigation
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Office of the Columbia River
PO BOX 47600
Olympia,WA 98504-7600
Physical Address: Office of the Columbia River
300 Desmond Drive SE
Lacey,WA 98503
Contacts
Jeff Dermond
Project
Manager
1250 W Alder St.
Union Gap,Washington 98903-0009
Email: jder461@ecy.wa.gov
Phone: (509)268-1784
Shanyese Trujillo
Financial
Manager
PO Box 47600
Olympia,Washington 98504-7600
Email: stru461@ecy.wa.gov
Phone: (360) 628-2451
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Agreement No: WRYBIP-2527-YaWaIr-00081
Project Title: City of YakimaASR DBP Monitoring and Recharge Enhancement
Recipient Name: City of Yakima City-Water and Irrigation
SCOPE OF WORK
Task Number: 1 Task Cost: $0.00
Task Title: Project Administration/Management
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, progress reports
and recipient closeout report(including photos); compliance with applicable procurement,contracting, and interlocal
agreement requirements; application for,receipt of, and compliance with all required permits,licenses,easements,or
property rights necessary for the project; and submittal of required performance items.
B. The RECIPIENT must manage the project. Efforts will include: conducting,coordinating, and scheduling project
activities and assuring quality control. Every effort will be made to maintain effective communication with the
RECIPIENT's designees;the DEPARTMENT; all affected local, state,or federal jurisdictions; and any interested
individuals or groups. 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:
* Timely and complete submittal of requests for reimbursement, quarterly progress reports and recipient closeout
report.
* Properly maintained project documentation
Recipient Task Coordinator: Jeff Bond
Project Administration/Management
Deliverables
Number Description Due Date
1.1 Progress Reports
1.2 Recipient Closeout Report 01/31/2029
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Agreement No: WRYBIP-2527-YaWaIr-00081
Project Title: City of Yakima ASR DBP Monitoring and Recharge Enhancement
Recipient Name: City of Yakima City-Water and Irrigation
SCOPE OF WORK
Task Number: 2 Task Cost: $170,000.00
Task Title: Purchase and Installation of DBP Monitor Equipment
Task Description:
The RECIPIENT will purchase two instruments to monitor disinfection byproduct (DBP)formation.
This task will include the following subtasks:
-Coordination with equipment vendors on instrument installation,operation, and maintenance, and final selection of
instrument vendor and equipment options.
-Purchase of instrumentation. Anticipated to include a THM-100TM online trihalomethane (THM)monitor
manufactured by AMS, and a UV254 DBP formation potential monitor manufactured by RealTech. Instrument
procurement will be sole- source, as there is only one established manufacturer for the type of instrumentation required
for this project(real-time THM instrumentation with colorimetric detection methods for both THMs and THM
formation potential, automatic calibration, and other important requirements necessary for the project).
-Installation of the respective monitoring equipment at the RECIPIENT's Naches water treatment plant (WTP;ASR
source water treatment location) and the Gardner Well(an existing authorized ASR recharge well). With assistance
from the RECIPIENT and its contractor(s),the instrument manufacturer will install the equipment at the wellhead. The
RECIPIENT and its contractor will install the DBP formation potential equipment(the UV254 detector) and,to the
extent practical,integrate sensor communications with its existing equipment.
-Initial integration of the DBP monitors into the RECIPIENT's existing infrastructure (e.g.,telemetry system, as
compatibility allows).
Task Goal Statement:
Successful procurement,installation, and initialization of DBP monitoring equipment at the Gardner Well and WTP
Task Expected Outcome:
Equipment is brought online for data collection.
Recipient Task Coordinator: Jeff Bond
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Agreement No: WRYBIP-2527-YaWaIr-00081
Project Title: City of YakimaASR DBP Monitoring and Recharge Enhancement
Recipient Name: City of Yakima City-Water and Irrigation
Purchase and Installation of DBP Monitor Equipment
Deliverables
Number Description Due Date
2.1 Cut Sheets/specifications and related details on instrument purchase 06/30/2026
2.2 Photos documenting instrument installation and initial instrument 12/31/2026
calibration reports
2.3 High level process flow diagram showing location of the analyzers 10/01/2026
2.4 Submit an EAGL Equipment Purchase report for all Equipment
Purchases of$5,000 or more. Due at the time reimbursement for the
equipment is requested.
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Agreement No: WRYBIP-2527-YaWaIr-00081
Project Title: City of Yakima ASR DBP Monitoring and Recharge Enhancement
Recipient Name: City of Yakima City-Water and Irrigation
SCOPE OF WORK
Task Number: 3 Task Cost: $146,000.00
Task Title: Calibration and Year 1 of Testing Implementation
Task Description:
Following the instrument procurement and deployment under Task 2,the RECIPIENT will begin ASR recharge
operations, and collect, synthesize, and analyze data from the DBP analyzers to develop a dataset and calibration curve
that relates instrument measurements to water quality results.
This task will include the following subtasks:
-Preparation of a draft and final Quality Assurance Project Plan (QAPP)that addresses data collection during this
project and incorporates ECOLOGY comments. The QAPP will address operation of the RECIPIENT's ASR program
under its existing ASR Reservoir Permit, and the data collection under this agreement.
-Collection of water quality samples for analysis of DBPs (THMs and Haloacetic acids), Total and Dissolved Organic
Carbon,BOD/COD, and other parameters needed to assess and interpret DBP concentrations and formation potential.
Approximately 52 water quality samples are anticipated during Year 1 across a variety of analyte suites (final number
of samples is dependent on system performance and recharge operations).
-Conduct instrument calibration,maintenance, and adaptation to field conditions.
-Preparation of a summary memorandum/report at the conclusion of Year 1 that documents findings,learnings,updated
protocols for Operations and Maintenance, and recommendations for Year 2 of recharge to be completed under Task 4.
Task Goal Statement:
Successful implementation of Year 1 of recharge and development of an initial calibration curve for online DBP
instrumentation.
Task Expected Outcome:
Development of a complete dataset for online DBP data and recommendations for Year 2 operations (increased ASR
volumes)
Recipient Task Coordinator: Brandon Baker
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Agreement No: WRYBIP-2527-YaWaIr-00081
Project Title: City of Yakima ASR DBP Monitoring and Recharge Enhancement
Recipient Name: City of Yakima City-Water and Irrigation
Calibration and Year 1 of Testing Implementation
Deliverables
Number Description Due Date
3.1 Draft Quality Assurance Project Plan addressing ASR cycling and 12/31/2026
Monitoring
3.2 Final Quality Assurance Project Plan addressing ASR cycling and 03/31/2027
Monitoring
3.3 Year 1 data memorandum (data summary and Operations and 12/31/2027
Maintenance updates)
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Agreement No: WRYBIP-2527-YaWaIr-00081
Project Title: City of Yakima ASR DBP Monitoring and Recharge Enhancement
Recipient Name: City of Yakima City-Water and Irrigation
SCOPE OF WORK
Task Number: 4 Task Cost: $24,000.00
Task Title: Year 2 Implementation
Task Description:
The RECIPIENT will incorporate the findings from Task 3 (Year 1 recharge)into the second year of testing and
implementation of the DBP monitoring system.
This task will include the following subtasks:
-Collection of up to 52 water quality samples for the analysis of DBPs (THMs and Haloacetic acids), Total and
Dissolved Organic Carbon,BOD/COD, and other parameters needed to assess and interpret DBP concentrations and
formation potential. The actual number of samples will be based in part on the outcome of Task 3.
-To the extent possible, adapt recharge operations to maximize ASR operations.
Task Goal Statement:
Successfully monitor DBP concentrations remotely and increase recharge quantities during the recharge season.
Task Expected Outcome:
Development of a complete dataset for online DBP monitoring and an enhancement of the RECIPIENT's ASR
program (improved data and increased ASR volumes)
Recipient Task Coordinator: Brandon Baker
Year 2 Implementation
Deliverables
Number Description Due Date
4.1 Year 2 data report(to be incorporated into Project Report under Task 5). 09/30/2028
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Agreement No: WRYBIP-2527-YaWaIr-00081
Project Title: City of Yakima ASR DBP Monitoring and Recharge Enhancement
Recipient Name: City of Yakima City-Water and Irrigation
SCOPE OF WORK
Task Number: 5 Task Cost: $10,000.00
Task Title: Final Reporting
Task Description:
The RECIPIENT will prepare a report summarizing the methods,results,findings, and recommendations for the ASR
program and online DBP monitoring. A PowerPoint or similarly formatted presentation will be prepared and presented
to the YBIP Groundwater Subcommittee. The report will be finalized after discussing and incorporating comments
from ECOLOGY.
Task Goal Statement:
Successfully monitor DBP concentrations remotely and increase recharge quantities during the recharge season.
Task Expected Outcome:
Development of a complete methodology for remote DBP monitoring and an enhancement of the RECIPIENT's ASR
program (improved data and increased ASR volumes).
Recipient Task Coordinator: Brandon Baker
Final Reporting
Deliverables
Number Description Due Date
5.1 Draft Project Report 10/31/2028
5.2 Final Project Report 12/31/2028
5.3 Final Presentation Materials 12/31/2028
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Agreement No: WRYBIP-2527-YaWaIr-00081
Project Title: City of Yakima ASR DBP Monitoring and Recharge Enhancement
Recipient Name: City of Yakima City-Water and Irrigation
BUDGET
Funding Distribution EG260446
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title: City of Yakima ASR DBP Monitoring and Recharge Enh
Funding Type: Grant
Funding Effective Date: 11/01/2025 Funding Expiration Date: 01/31/2029
Funding Source:
Title: State Building Construction Account(SBCA)(WRYBIP-2527)
Fund: FD
Type: State
Funding Source%: 100%
Description: Grants for the purpose to assess,plan, and develop projects under the Yakima River
Basin Integrated Water Resource Management Plan or for any other actions
designed to provide access to new water supplies within the Yakima River basin or
any other actions to support the seven elements of the Yakima Basin Integrated
Plan.
Approved Indirect Costs Rate: Approved State Indirect Rate: 0%
Recipient Match%: 0%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
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Agreement No: WRYBIP-2527-YaWaIr-00081
Project Title: City of YakimaASR DBP Monitoring and Recharge Enhancement
Recipient Name: City of Yakima City-Water and Irrigation
City of Yakima ASR DBP Monitoring and Recharge Enh Task Total
Project Administration/Management $ 0.00
Purchase and Installation of DBP Monitor Equipment $ 170,000.00
Calibration and Year 1 of Testing Implementation $ 146,000.00
Year 2 Implementation $ 24,000.00
Final Reporting $ 10,000.00
Total: $ 350,000.00
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Agreement No: WRYBIP-2527-YaWaIr-00081
Project Title: City of YakimaASR DBP Monitoring and Recharge Enhancement
Recipient Name: City of Yakima City-Water and Irrigation
Funding Distribution Summary
Recipient/Ecology Share
Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total
City of Yakima ASR DBP 0.00 % $ 0.00 $ 350,000.00 $ 350,000.00
Monitoring and Recharge Enh
Total $ 0.00 $ 350,000.00 $ 350,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award,the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,
proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal
government,or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification,they must provide an explanation as to why they
cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3. The terms covered transaction,debarred, suspended,ineligible,lower tier covered transaction,participant,
person,primary covered transaction,principal,proposal, and voluntarily excluded, as used in this clause,have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred,
suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION, DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
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Agreement No: WRYBIP-2527-YaWaIr-00081
Project Title: City of YakimaASR DBP Monitoring and Recharge Enhancement
Recipient Name: City of Yakima City-Water and Irrigation
6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal
remedies,including suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
• Receives more than$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 Form.
Ecology is required to report the FFATA information for federally funded agreements,including the required Unique
Entity Identifier in www.sam.gov<http://www.sam.gov/>within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspending.gov<http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov<http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216,federal grant or loan recipients and subrecipients are prohibited from obligating or
expending loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that
use covered telecommunications equipment,video surveillance services or services as a substantial or essential
component of any system,or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/FLAW-115pub1232/pdf/PLAW-115pub1232.pdff , section 889,covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company
or ZTE Corporation(or any subsidiary or affiliate of such entities).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment,
systems,or services,including equipment, systems,or services produced or provided by entities identified in section
889, are recorded in the System for Award Management(SAM)<https://sam.gov/SAM/>exclusion list.
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Agreement No: WRYBIP-2527-YaWaIr-00081
Project Title: City of YakimaASR DBP Monitoring and Recharge Enhancement
Recipient Name: City of Yakima City-Water and Irrigation
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology
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 Ecology Grants and Loans—EAGL
Edition." (hops://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html)
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the
right to request proof of compliance by subgrantees and contractors.
d)RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended,or waived only by a written amendment executed by both parties.No
subsequent modification(s)or amendment(s) of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective
staff contacts and administrative information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no.
188,Accessibility (https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement
applies to all products supplied under the Agreement,providing equal access to information technology by
individuals with disabilities,including and not limited to web sites/pages,web-based applications, software
systems,video and audio 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 and
historic archaeological sites,historic buildings/structures,traditional cultural places, sacred sites,or other cultural
resources,hereby referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources
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 21-02,
Archaeological and Cultural Resources.
•For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section
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Recipient Name: City of Yakima City-Water and Irrigation
106).
b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to
implementing any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff,volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site.
c)If any Cultural Resources are found while conducting work under this Agreement,follow the protocol outlined in
the project IDP.
• Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and
Historic Preservation at(360) 586-3065, any affected Tribe, and the local government.
d)If any human remains are found while conducting work under this Agreement,follow the protocol outlined in the
project IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal
laws protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the
RECIPIENT.
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,
ECOLOGY, all affected local, state,or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted.
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be
clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by
ECOLOGY prior to expenditure.
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e)ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
f)ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide
Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor
registration form and an IRS W-9 form at website,https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If
you have questions about the vendor registration process,you can contact Statewide Payee Help Desk at(360)
407-8180 or email PayeeRegistration@ofm.wa.gov.
h)ECOLOGY may, at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion
thereof,has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according
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to this Agreement, as appropriate,or upon completion of an audit as specified herein.
j)RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement, all financial,
performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws,orders,regulations, and permits
related to this Agreement,including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws,regulations, and policies of the United States and the
State of Washington which affect wages and job safety.
b)RECIPIENT agrees to be bound by all applicable federal and state laws,regulations, and policies against
discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their
project timeline for the permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered
modified to conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer,member, agent,or employee,who exercises any function or
responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial
interest,direct or indirect,nor affect the interest of any corporation,partnership,or association in which he/she is a
part,in this Agreement or the proceeds thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT
shall award all contracts for construction,purchase of goods, equipment, services, and professional architectural and
engineering services through a competitive process,if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal,fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures.
RECIPIENT may be required to provide written certification that they have followed their standard procurement
procedures and applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review
procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in
compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's
sole discretion.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work,or any other matter related to this
Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a)RECIPIENT notifies the funding program of an appeal request.
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d)ECOLOGY reviews the RECIPIENT's appeal.
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e)ECOLOGY sends a written answer within ten (10)business days,unless more time is needed, after concluding
the review.
The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty (30)days from the date
of such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the
Director or duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the
Director's decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in
addition to the dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP)for a project that collects or uses
environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall
contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall:
•Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance
(QA)officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July
2004 (Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The
RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM,find
instructions at: http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS)data is
collected and processed. Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.
RECIPIENT,when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers,
imagery,related tables,raw data collection files,map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees, and other costs related to
the project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold
the other harmless from and against any liability for any or all injuries to persons or property arising from the
negligent act or omission of that party or that party's agents or employees arising out of this Agreement.
15. INDEPENDENT STATUS
The employees,volunteers, or agents of each party who are engaged in the performance of this Agreement will
continue to be employees,volunteers, or agents of that party and will not for any purpose be employees,volunteers,
or agents of the other party.
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16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this
Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,
commission,or gift in return for award of a subcontract hereunder.
17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE) and
women-owned(WBE)businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is
encouraged to take the following actions,when possible, in any procurement under this Agreement:
a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of
goods or services.
b)Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum
participation by qualified minority and women's businesses.
c)Establish delivery schedules,where work requirements permit,which will encourage participation of qualified
minority and women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce,
as appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be
resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b)
The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e)Any provisions or terms incorporated
herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f)
Ecology Funding Program Guidelines; 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
fulfillment of this Agreement:
a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10)business
days prior to production and distribution.
b)RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c)If requested, RECIPIENT shall provide ECOLOGY two (2)final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials, and all tangible products developed such as brochures,manuals,pamphlets,
videos, audio tapes, CDs,curriculum,posters,media announcements,or gadgets with a message, such as a
refrigerator magnet, and any online communications, such as web pages,blogs, and twitter campaigns. If it is not
practical to provide a copy,then the RECIPIENT shall provide a description (photographs,drawings,printouts,etc.)
that best represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's
graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
20. PROGRESS REPORTING
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a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b)RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c)RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July
1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty(30)days
after the end of the quarter being reported.
e)RECIPIENT must submit within thirty (30)days of the expiration date of the project,unless an extension has
been approved by ECOLOGY, all financial,performance, and other reports required by the Agreement and funding
program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty
free,nonexclusive, and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or
property, and to authorize others to use the same for federal, state,or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information;present papers,lectures,or seminars involving information supplied by ECOLOGY; or use logos,
reports,maps,or other data in printed reports, signs,brochures,pamphlets, etc., appropriate credit shall be given to
ECOLOGY.
c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or
graphic materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.
ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the
materials.
d)Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of
Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly
or in part with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to
the contrary, or upon specific instructions with respect thereto in this Agreement.
e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project,it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost, stolen,or damaged while in the RECIPIENT's possession, then ECOLOGY
shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes
funds for the acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for
in this Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens
certificates,or abstracts, and attorney's opinions establishing that the land is free from any impediment,lien,or
claim which would impair the uses intended by this Agreement.
g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any
equipment,property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be
conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale,lease,or other conversion or
encumbrance which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or
construction costs of such property.
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22. 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.
RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative, at all reasonable
times,in order to monitor and evaluate performance,compliance, and any other conditions under this Agreement.
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized
expenditure(s)or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or
repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per
year from the time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY,may become ECOLOGY's property and
the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision, and to this end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICY ACT(SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State
Environmental Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any
reimbursements are subject to this provision.
26. SUSPENSION
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When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement
or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT
shall resume performance on the next business day following the suspension period unless another day is specified
by ECOLOGY.
27. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to
implement sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting
low impact meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers
and imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products
with reduced packaging, office products that are refillable,rechargeable, and recyclable, 100%post-consumer
recycled paper, and toxic free products.
For more suggestions visit ECOLOGY's web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7)calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY,for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four(4) months after the effective date of this Agreement, or by any
date mutually agreed upon in writing for commencement of work,or the time period defined within the Scope of
Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by
the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in
the opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to
pay any further funds,terminate in whole or in part this Agreement, and exercise any other rights under this
Agreement.
Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY
from the RECIPIENT is determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement,in whole or in part,for any reason when it is the best
interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT, except as
noted below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the
event funding from state,federal or other sources is withdrawn,reduced, or limited in any way after the effective
date and prior to the completion or expiration date of this Agreement,ECOLOGY, at its sole discretion,may elect
to terminate the Agreement,in whole or part,or renegotiate the Agreement, subject to new funding limitations or
conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the
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funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions,
although ECOLOGY will make a reasonable attempt to provide notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT
through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the
RECIPIENT. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the
Agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated
to repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c)By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part, at any time,by mutual written
agreement.
d)In Event of Termination
All finished or unfinished documents,data studies, surveys,drawings,maps,models,photographs,reports or other
materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY,will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory
work completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the
RECIPIENT in accordance with Recovery of Funds,identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the
state of Washington is named as 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 any subsequent default or
breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing
by the authorized representative of ECOLOGY.
End of General Terms and Conditions
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