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Home My WebLink About08/01/2022 06.I. Resolution accepting and executing a Toxics Cleanup Remedial Action Grant Program Agreement with the State of Washington Department of Ecology for the environmental cleanup of the Yakima City Landfill Y�'1114'+ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.1. For Meeting of:August 1, 2022 ITEM TITLE: Resolution accepting and executing a Toxics Cleanup Remedial Action Grant Program Agreement with the State of Washington Department of Ecology for the environmental cleanup of the Yakima City Landfill SUBMITTED BY: Scott Schafer, Director of Public Works Bill Preston, City Engineer- (509) 575-6754 SUMMARY EXPLANATION: The State of Washington Department of Ecology(DOE) has awarded the City of Yakima (City) a Toxics Cleanup Remedial Action Grant Program Agreement (No. TCPRA-2123-YakiCM-00008) to pay for costs associated with the environmental remediation of the former Yakima City Landfill. The Department of Ecology is providing a total cost of$4,000,000 with Ecology's share at $3,000,000 and the City's share at$1,000,000 under the terms and conditions of the grant agreement. The funds will be used to continue the cleanup efforts as part of existing and future projects as authorized in the Interim Action Work Plan (IAWP)of the Agreed Order for the purpose of future street and utility construction.As a first step in the cleanup process, the IAWP is designed to protect public health and safety, minimize negative impacts to the natural environment and facilitate transportation improvements in this region. Completion of the project will enhance the natural environment and the neighborhood, as well as promote economic vitality of the community. The expiration date of this Agreement is no later than June 20, 2023. ITEM BUDGETED: No STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution 2 ATTACHMENTS: Description Upload Date Type ❑ Resolution 7/21/2022 Resolution ❑ DOE Notification 7/18/2022 Backup Material D DOE Agreement 7/18/2022 Backup Material 3 RESOLUTION NO. R-2022- A RESOLUTION authorizing acceptance and execution of a Toxics Cleanup Remedial Action Grant Program Agreement with the State of Washington Department of Ecology for the environmental cleanup of the Yakima City Landfill WHEREAS, the City of Yakima and the Department of Ecology have established the environmental cleanup and redevelopment of the former Yakima City Landfill at 182 Exit 33A; and WHEREAS, the remediation ill include removal of municipal solid waste and other interim actions as authorized in the Interim Action Work Plan of the Agreed Order for the purpose of future street and utility construction; and WHEREAS, the City of Yakima (City) has entered into Agreed Order AO-DE 15861 with the Department of Ecology (DOE) to perform interim actions; and WHEREAS, DOE awarded the City a Toxics Cleanup Remedial Action Grant Program Agreement to pay for costs associated with the environmental remediation of the landfill; and WHEREAS, the total eligible cost of the remediation efforts for this grant is $4,000,000 with DOE providing $3,000,000 and the City providing $1,000,000 under the terms and conditions of the grant; and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and its residents to accept and execute the grant program from the Department of Ecology for the purpose of remediation and environmental cleanup of the former Yakima City Landfill; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City of Yakima accepts the grant of $3,000,000.00 from the Department of Ecology; and 2. The City Manager is authorized to sign the Toxics Cleanup Remedial Action Grant Program Agreement between the State of Washington Department of Ecology and the City of Yakima, attached hereto and incorporated herein, and any other documents necessary to accept the grant. ADOPTED BY THE CITY COUNCIL this 1st day of August, 2022. Janice Deccio, Mayor ATTEST: Sonya Clear Tee, City Clerk 4 ��STATE o 0 188 9� STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600•Olympia,WA 98504-7600•360-407-6000 711 for Washington Relay Service•Persons with a speech disability can call 877-833-6341 January 7, 2022 City of Yakima- Office of the City Manager 129 N 2nd Street Yakima, WA 98901 Re: Oversight Remedial Action Grant Project funded for the following site: • Site Name: Yakima City Landfill IAWP • Site Address: Interstate 82 Yakima, 98901 • Cleanup Site ID: 3853 • Grant Number: TCPRA-2123-YakiCM-00008 Dear: We are very pleased to relay that your Oversight Remedial Action Grant project requested during the solicitation for the 2021-23 biennium has been funded. The Department of Ecology's Toxics Cleanup Program receives funding from the Washington State Legislature making it possible for our program to fund your project. Thank you for your initiative to clean up contamination in your community. We look forward to assisting you in this critical effort, and are committed to working with you to achieve the site's prompt and effective cleanup. Your Ecology Grant Manager (below) will contact you to review your grant application as it is turned into a grant agreement. If you have any questions, please contact your regional section manager (below). Dan Koroma Valerie Bound Remedial Action Grant Manager Section Manager Dan.koroma@ecy.wa.gov Central Region valerie.bound@ecy.wa.gov, 509-655-0538 Thank you again for taking this crucial step that will help protect human health and Washington's environment. Regards, Brock Milliern, Program Manager Toxics Cleanup Program DEPARTMENT OF 5 ECOLOGY State of Washington Agreement No. TCPRA-2123-YakiCM-00008 TOXICS CLEANUP REMEDIAL ACTION GRANT AND LOAN PROGRAM AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA 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,hereinafter referred to as the"RECIPIENT,"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Remediation and Clean-up of Yakima City Landfill Total Cost: $4,000,000.00 Total Eligible Cost: $4,000,000.00 Ecology Share: $3,000,000.00 Recipient Share: $1,000,000.00 The Effective Date of this Agreement is: 03/15/2022 The Expiration Date of this Agreement is no later than: 06/30/2023 Project Type: Oversight Remedial Action Grant or Loan Project Short Description: The RECIPIENT requests funding from ECOLOGY to support remediation of the former Yakima City Landfill at Interstate 82 Exit 33A, CSID-3853. The RECIPIENT entered into an Agreed Order,AO-DE 15861 with ECOLOGY in order to conduct Interim Action on the Site based on the Interim Action Work Plan (IAWP)that was approved by ECOLOGY on February 13, 2020. Project Long Description: The Agreed Order AO-DE 15861,that was entered into between the RECIPIENT and ECOLOGY was created specifically for construction of a road corridor within the confines of the former landfill, as well as remediation of the Municipal Solid Waste (MSW)under the road prism prior to full site remediation. The IAWP is designed to ensure that construction of the roadways in the landfill Site will not exacerbate the existing site conditions nor interfere with any future cleanup alternatives at the Landfill Site. State of Washington Department of Ecology 6 Page 2 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA The RECIPIENT was named a Potentially Liable Party (PLP)under MTCA for previous landfill operation at this Site, even though the RECIPIENT does not own the underlying land. The development plan for the former landfill Site is very specific. This property is slated to become an extension of Interstate 82 that will provide north/south access to the City of Yakima. The RECIPIENT is proceeding with purchase of an additional approximately 7 acres of the landfill site for right of way that will be necessary for street and utility placement. Construction of this public road requires removal of the MSW and compaction of clean fill material as well as other structural features in order to create a stable road base. Construction of the streets on the landfill Site has been carefully coordinated with the remainder of the East-West Corridor and the I-82 Interchange modification. For these reasons, ECOLOGY has approved the Interim Action Work Plan to remediate portions of the former City landfill and facilitate limited street construction in a timely manner. The project Site is heavily impacted with MSW, and is covered in some places with wood waste. Known contaminants in the landfill include petroleum,vinyl chloride, dissolved metals of arsenic, iron and manganese. The presence of landfill methane gas has also been identified. Mitigation in the Interim Action Work Plan includes excavation of the MSW and wood waste; hauling material to approved landfills for disposal; backfill with clean material compacted on site to avoid wind erosion, and installation of a landfill gas (LFG)barrier/membrane layer beneath the lateral limits of the roadway fill prism to prevent lateral migration of the LFG from remaining MSW. Excavation of MSW and the dewatering of the material is planned to begin in October 2020. The process is estimated to require 2,500 truck loads of material to be excavated and hauled off-site. The estimated time length for this project is approximately 6 months. Once the MSW removal procedures are complete, street and utility construction can begin in the road corridor. Due to a relatively high ground water table and the urban setting of this former landfill site, MSW removal is expected to be primarily limited to cold weather months when the city wide irrigation system is turned off. Great care will be taken with the excavated wood waste, while also recycling and reusing materials whenever possible. Remediation of the remainder(approximately 25 acres) of the landfill is the subject of the Agreed Order (DE 15861). The IAWP allows for the final remedy for the landfill Site to be selected after completion of the roadway corridor cleanup project. The Feasibility Study for the Landfill Site has not been completed, so a final remedy is currently unknown. Given the preliminary cost estimates of a dig and haul operation for the street corridor, complete removal and off-site disposal of the entire MSW Site would require additional work that is not required for the road corridor. The IAWP allows for timely removal of waste in order to meet the funding shared deadlines required to pay for the road construction. Continued Site remediation will be directed by the Agreed Order after the road corridor project is complete. Overall Goal: The goal of the project is to conduct a removal and interim action as authorized in the Interim Action Work Plan of the Agreed Order for the purpose of future street and utility construction. As a first step in the cleanup process, the IAWP is designed to protect public health and safety,minimize negative impacts to the natural environment and facilitate transportation improvements in this region. Completion of the project will enhance the natural environment and the neighborhood, as well as promote economic vitality of the community. Template Version 12/10/2020 State of Washington Department of Ecology Page 3 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA RECIPIENT INFORMATION Organization Name: CITY OF YAKIMA Federal Tax ID: 91-6001293 Mailing Address: 129 North 2nd Street Yakima, WA 98901 Physical Address: 129 North 2nd Street Yakima, Washington 98901 Organization Fax: (509) 576-6335 Contacts Template Version 12/10/2020 State of Washington Department of Ecology 8 Page 4 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA Joan Davenport Project Manager Strategic Project Manager Yakima City Hall 129 N 2nd Street Yakima, Washington 98901 Email: joan.davenport@yakimawa.gov Phone: (509) 576-6417 Billing Contact Bill Preston City Engineer 129 N 2nd Street Yakima, WA 98908 Yakima, Washington 98908 Email: bill.preston@yakimawa.gov Phone: (509) 575-6228 Joan S Davenport Authorized Strategic Project Manager Signatory Yakima City Hall 129 N 2nd Street Yakima, Washington 98901 Email: joan.davenport@yakimawa.gov Phone: (509) 576-6417 Template Version 12/10/2020 State of Washington Department of Ecology 9 Page 5 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA ECOLOGY INFORMATION Mailing Address: Department of Ecology Toxics Cleanup PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Toxics Cleanup 300 Desmond Drive SE Lacey, WA 98503 Contacts Jennifer Lind Project Manager 1250 W Alder St. Union Gap, Washington 98903-0009 Email: jeli461@ecy.wa.gov Phone: (509) 406-0270 Dan Koroma Financial Manager PO Box 47600 Olympia, Washington 98504-7600 Email: dkor461@ecy.wa.gov Phone: (360) 407-7187 Template Version 12/10/2020 State of Washington Department of Ecology 10 Page 6 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA 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 the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State CITY OF YAKIMA Department of Ecology By: By: Barry Rogowski Date Joan S Davenport Date Toxics Cleanup Strategic Project Manager Program Manager Template Approved to Form by Attorney General's Office Template Version 12/10/2020 State of Washington Department of Ecology11 Page 7 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA Alex Meyerhoff Interim City Manager Date Template Version 12/10/2020 State of Washington Department of Ecology 12 Page 8 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA SCOPE OF WORK Task Number: 1 Task Cost: $3,960,000.00 Task Title: INTERIM OR EMERGENCY ACTIONS—J002 Task Description: The purpose of this task is to fund the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to plan and perform ECOLOGY required or approved emergency or interim actions at the Site necessary to reduce potential threats to human health and the environment. These actions must be conducted in compliance with Agreed Order AO-DE 15861, and the Model Toxics Control Act. This task includes construction of a road corridor and utility placement for an extension of interstate 82 within the confines of the former landfill, as well as remediation of the Municipal Solid Waste (MSW)under the road prism prior to full site remediation. Construction of this public road requires removal of the MSW and compaction of clean fill material as well as other structural features in order to create a stable road base. Mitigation in the Interim Action Work Plan includes excavation of the MSW and wood waste;hauling material to approved landfills for disposal; backfill with clean material compacted on site to avoid wind erosion, and installation of a landfill gas (LFG)barrier/membrane layer beneath the lateral limits of the roadway fill prism to prevent lateral migration of the LFG from remaining MSW. Task Goal Statement: To reduce a threat to human health or the environment by eliminating or substantially reducing one or more pathways for exposure to a hazardous substance at the Site, or to correct a problem that could become substantially worse or cost substantially more to address if the remedial action is delayed. Task Expected Outcome: The interim action is protective of human health and the environment, meets MTCA cleanup standards, does not foreclose reasonable alternatives for the cleanup action or delay or supplant the cleanup process. Recipient Task Coordinator: Joan Davenport INTERIM OR EMERGENCY ACTIONS—J002 Deliverables Number Description Due Date 1.1 Interim or Emergency Action Report Template Version 12/10/2020 State of Washington Department of Ecology 13 Page 9 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA SCOPE OF WORK Task Number: 2 Task Cost: $40,000.00 Task Title: GRANT AND PROJECT ADMINISTRATION-J008 Task Description: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to administer the grant and manage project activities. Eligible administrative costs may also include those incurred performing activities to: • Ensure compliance with the terms of the approved work plans, Consent Decree except legal costs. • Perform Public Involvement Activities: Plan and hold meetings and communications with the public, consultants/contractors, or ECOLOGY not billed under another task. • Procure and manage consultants and construction contractors, and manage the contract. • Perform quality control and quality assurance oversight of all project elements. • Manage the grant, develop, and maintain grant files. • Prepare and submit payment requests, progress reports, spending plans, or other reports. • Conduct, coordinate, and schedule activities related to multiple tasks or the grant as a whole. •Purchase services, supplies,tools, and equipment needed to accomplish grant tasks. (Equipment purchases are conditionally eligible and require prior written approval by ECOLOGY's Financial Manager). • Attend training events approved in advance, including related travel costs. (Training requires prior approval by ECOLOGY'S Financial Manager). • Perform Environmental impact analysis. • Perform Cost-benefit analyses. • Conduct research or studies relevant to multiple tasks or sites. • Manage scientific Data. Spending Plans: The RECIPIENT shall submit a spending plan form in EAGL. The spending plan identifies the amount by quarter in which the RECIPIENT plans to bill ECOLOGY for accumulated costs through the term of the agreement. The spending plan must be updated at least quarterly to reflect actual expenditures and projections for the remainder of grant/loan reimbursement requests. The spending plan form in EAGL must be updated with each payment request/progress report. Travel&Per Diem: ECOLOGY will reimburse travel costs at the state per diem rate in effect when the costs were incurred. To receive travel costs, an individual must be in travel status. Any costs incurred over the state rate will be the sole responsibility of the RECIPIENT unless an exception is provided in writing by the ECOLOGY grant financial manager prior to the costs being incurred. The RECIPIENT may bill costs related to vehicle usage at the state approved mileage rate. Any other motor pool costs, such as the cost of parking the RECIPIENT's vehicles at their own office, purchasing, repairing or maintaining vehicles are considered part of overhead and may not be direct billed to this grant. Task Goal Statement: Template Version 12/10/2020 State of Washington Department of Ecology 14 Page 10 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA To manage the grant and project, and complete all administrative documentation and billings in accordance with accounting standards, the terms and conditions of the grant, and the Administrative Requirements for Recipients of Ecology Grants and Loans Managed in EAGL. Task Expected Outcome: Project documentation will be properly developed and maintained in accordance with the terms and conditions of the grant, and the Administrative Requirements for Recipients of Ecology Grants and Loans Managed in EAGL. Recipient Task Coordinator: Joan Davenport GRANT AND PROJECT ADMINIS[RATION-J008 Deliverables Number Description Due Date 2.1 Quarterly grant payment requests/progress reports (PRPR)with proper documentation unless otherwise approved in advance by ECOLOGY. 2.2 Updated spending plan form completed in EAGL with each PRPR Template Version 12/10/2020 State of Washington Department of Ecology 15 Page 11 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA BUDGET Funding Distribution EG220726 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: I- 82 Yakima City Landfill—Oversight Funding Type: Grant Funding Effective Date: 03/15/2022 Funding Expiration Date: 06/30/2023 Funding Source: Title: Model Toxics Control Capital Account(MTCCA)(TCP) Fund: FD Type: State Funding Source%: 100% Description: The Model Toxics Control Act(MTCA), Chapter 70.105D RCW. MTCA directs 25% of the tax revenue into the Model Toxics Control Capital Account(MTCCA)and in some cases capital bond funds are provided to increase available grant funding. Approved Indirect Costs Rate: Approved State Indirect Rate: 25% Recipient Match%: 25% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No I-82 Yakima City Landfill—Oversight Task Total INTERIM OR EMERGENCY ACTIONS—J002 $ 3,960,000.00 GRANT AND PROJECT ADMINISTRATION- J008 $ 40,000.00 Total: $ 4,000,000.00 Template Version 12/10/2020 State of Washington Department of Ecology 16 Page 12 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total I- 82 Yakima City Landfill— 25.00 % $ 1,000,000.00 $ 3,000,000.00 $ 4,000,000.00 Oversight Total $ 1,000,000.00 $ 3,000,000.00 $ 4,000,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS If this Agreement includes retroactive reimbursement for past costs covering field activities potentially impacting cultural resources, then that activity will be subject to ECOLOGY review to assess actions taken to address potential direct and indirect effects on prehistoric and historic archaeological sites, historic buildings and structures,traditional cultural places, sacred sites or other cultural resources. Based on the findings of the review, some or all past costs may be deemed ineligible for retroactive reimbursement. Any current or future work included in this Agreement will also be subject to cultural resource review by ECOLOGY in accordance with any and all applicable WA State Executive Order(s). 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, Template Version 12/10/2020 State of Washington Department of Ecology 17 Page 13 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA 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. 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/CON TRACTOR 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<llttp://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 Template Version 12/10/2020 State of Washington Department of Ecology 18 Page 14 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA <https://www.govinfo.gov/contentlpkg/PLAW-115pub1232/pdf/PLAW-115pub1232.pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services,including equipment,systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management(SAM) <https://sam.gov/SAM/>exclusion list. Template Version 12/10/2020 State of Washington Department of Ecology 19 Page 15 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA 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 06/24/2021 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.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. Template Version 12/10/2020 State of Washington Department of Ecology 20 Page 16 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966(Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff,volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic Preservation at(360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the Department of Archaeology and Historic Preservation at(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 to this Agreement, as appropriate, or upon completion of an audit as specified herein. Template Version 12/10/2020 State of Washington Department of Ecology 21 Page 17 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA 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 detemunation 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. e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed, after concluding the review. Template Version 12/10/2020 State of Washington Department of Ecology 22 Page 18 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA 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(ElM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and collect 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. Template Version 12/10/2020 State of Washington Department of Ecology 23 Page 19 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA 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 terns 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 Template Version 12/10/2020 State of Washington Department of Ecology 24 Page 20 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA 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 temlinate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30)days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale,lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. Template Version 12/10/2020 State of Washington Department of Ecology 25 Page 21 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA 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 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. Template Version 12/10/2020 State of Washington Department of Ecology 26 Page 22 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA 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-technic al-assistance/Sustainabl e-purchasing. 28. TERMINATION a) For Cause ECOLOGY may temlinate 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 temrination. 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 detemrined. b) For Convenience ECOLOGY may teminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no Template Version 12/10/2020 State of Washington Department of Ecology 27 Page 23 of 23 Agreement No: TCPRA-2123-YakiCM-00008 Project Title: Remediation and Clean-up of Yakima City Landfill Recipient Name: CITY OF YAKIMA 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 Template Version 12/10/2020