HomeMy WebLinkAbout5375 RESOLUTION NO. 5 3 7 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASWINGTON, AUTHORIZING THE
ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF
TWENTY-FIVE THOUSAND TVVO HUNDRED FORTY-
TWO DOLLARS ($25,242.00), AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE WASHINGTON STATE DEPARTMENT
OF ECOLOGY AND THE CITY OF AUBURN TO ACCEPT
SAID FUNDS FOR IMPLEMENTATION OF THE 2017-
__.
2019 LOCAL SOLID WASTE FINANCIAL ASSISTANCE
GRANT PROGRAM.
WHEREAS, King County and the City of Auburn have adopted the King
County Solid Waste Management Plan, which includes recycling and waste
reduction goals; and
WHEREAS, in order to help meet these goals, the Washington State
Department of Ecology with King Counry Solid Waste Division has established a
waste reduction and recycling grant program for the suburban cities; and
WHEREAS, this program provides funding to further the development of
local waste reduction and recycling for Auburn businesses and residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Grant in the 4otal amount of twenty-five thousand two
hundred forty-two dollars ($25,242.00) is accepted, which Grant constitutes
reimbursement of funds for implementing the 2017-2019 Local Solid Waste
Financial Assistance Grant Program.
Section 2. The Mayor of the City of Auburn is authorized to execute an
Interlocal Agreement with the Washington State Department of Ecology for the
Resolution No 5375
6l21/2018
Page 1 of 2
reimbursement of said funds. Said Agreement shall be in substantiai conformity
to the one attached hereto, designated Grant No.: W2RLSWFA-1719-AubuSW-
00096, which is incorporated by 4his reference.
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as necessary to carry out directions of the legislation.
Section 4. This Resolution shall be in full force and effect upon passage
and signatures hereon.
Dated and Signed this 25th day of June, 2018.
CITY OF AUBURN
NCY B 1! S, MA R
ATTEST:
Dan'iell�e �E,.�skam, City Clerk
APP ED O FORM:
Daniel B. Heid, City Attorney
Resolution No. 5375
6121/2018
Page 2 of 2
� _,��,�:; DEPARTMENT OF RECEIVED �
ECOLOGY ; �u� 5 2o,e ;
� State of Washington
�
Agreement No. W2RLSWFA-1719-AubuSW��Y W2RW'�
WASTE 2 RESOURCES LOCAL.SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF AUBURN
This isa binding Agreeinent entered into by and 6etween the state of Washington,Department of Ecology,
hereinaRei refecred to as"ECOLOGY,"and CITY OF AUBURN,hereinafter refeaed ro as the"RECIPIENT,"[o
carry out with the provided funds activities described herein.
GENERAL INFORMATION
P;oject Title: 2017-19 LSWFA City of Aubum IMP
Total Cost: $33,656.00
Total Eligible Cost: $33,656.00
Ecology Share: $25,242.00
Recipient Shaze: $8,414.00
The Effecrive Date of this Agreement is: 07/Ol/2017
The Expiration Date of this Agreement is no later than: 06/30/2019
Project Type: Plapning/Implementation
Proiect Sliort Descriotion:
The Ciry of Au6um will spend$33,656.00 to conduct"back to basics"recycling outreach to residents and
schools, and to also support waste prevention and reuse Via tools and events. As a result, approximately 29.5
tons of potential waste will be either prevented or recycled by some 1,450 participants.
Project LongDescription:
N/A
Overall Goal:
Provide regional solutions and intergovernmental cooperation;prevent or minimize environmental
contamination through planning and project implementation;and comply with state and local solid and
hazardous waste management plans and laws.
Stah of Washin�ou Deparamrnt of Ewlogy Page 2 of 20
AgrceinrnWo: W2RLSWFA-1719-AubuSW-00096
Projcct Title: 2017-19 LS WFA Ciry of Aubum IMP
Recipient Name: CITY OF.4UBURN
RECIPIENT INFORMATION
Oiganization Name: CITY OF AUBURN
Federal Taic ID: 91-6001228
DUNS Nuinbec: 032942575
Mailing Address: 25 West Main St
Aubum, WA 98001
Physical Address: 25 West Main St
Aubum,Washington 98001
Organization Email: jenelson@aubumwa.gov
Contacts
Project Manager Joan Nelson
Solid Waste&Recycling Supervisor
25 West Main St
Aubum,Washington 98001
Email: jenelson@aubuaiwa.gov
Phone: (253)931-5103 �I
Billing Contact Consuelo Rogel
Financial Analyst ',
25 West Main Street
Aubum,Washington 98001
Email: crogel@auburnwa.gov
Phone: (253) 804-5023
AutLorized Nancy Backus
Signatory Mayor
25 W Main St
Auburn,Washington 98001
Email: nbackus@aubumwa.gov
Phone: (253) 931-3041
Version 10/30/2015
Sqte of Washington Departmrnt of Ecology Page 3 of 20
AgreemenWo: W2RLSWFA-l719-AubuSW-00096
Project Tide 2017-19 LSWFA Ciry of Aubum IMP
Recipient Name: CITY OF AUBURN
ECOLOGY INFORMATION
Mailing Address: D.epartment of Ecology
Waste 2 Resources
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Waste 2 Resowces
300 Desmond Dri4e SE
Lacey, WA 98503
Contacts
Diana Wadley
Project
Manager
3190 - 160th Ave SE
Bellewe,Washington 98008-5452
Email: dwad461@ecy.wa.gov
Phone: (425)649-7056
Diana Wadley
Financlal
Manager
3190- 160th Ave SE
Bellewe, Washington 98008-5452
Email: dwad461@ecy.wa.go4
Phone: (425) 649-�056
vn5�o� ioisonois
State of Washington Departmrnt of Ecology Page 4 of 20
AgrecmenWo: W2RLSWFA-UI9-AubuSW-00096
Project Tide: 2017-19 LSWFA City of Aubum IMP
Recipirnt Nama CITY OF AUBURN
AUTHORIZING SIGNATURES
RECIPIENT agrees to fiunish the necessary personnel, equipment,materials,services,and otherwise do all things
necessary for ot 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
condirions 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. Futthermore, the
RECIPIENT has read,understood,and accepts all requiremenu 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 s6bsequent ipodifications or amendments to tHis agreement will be of any force or efFect unless in writing,signed
by anthorized representatiyesof 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 repiesentative and shall not be
binding until so approved.
The signatories to tlris Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF:the parties hereto,having read this Agreement in its entirety, including all attachments,do
agtee in each and every particulaz and have thus set their hands hereunto.
Washington State CITY OF AUBURN
Depaztment of Ecology
By� ��� �� ��q�/� BY. .. .I
Laurie Davies Date Nancy Backus �f Date
Waste 2 Resources Ivlayor
Program Manager
�Template Approved to Form by
Attomey General's Office
Version.IO/30I2015 �
StaM of Waslung[on Departmcnt of Ecology Page 5 of 20
AgrcemenWo: W2RLSWFA-17l9-AubuSW-00096
Projcct Title: 20U-19 LSWFA City of Aubum IMP
Recipirnt Nama CITY OF AUBURN
SCOPE OF WORK
Task Number. 1 Task Cost: $2Q 156.00
Task Title: Residential Recycling/Waste Prevention
Task Descrintion:
Activiry-Reducing Recycle Contamination
Working with.residenu,RECIPIENT will tazget naighboc}ioods to perfo;m recycle bin 4isual inspections and tagging
to help reduce contamination. RECIPIENT will espmate contamination during the check,tag accordingly,and then
conduct follow-up visits to assess change.
RECIPIENT will use different forms of inedia and promotional methods to residents throughout the Agreement period.
RECIPIENT will fows on a"Recycle More. Recycle Righf'or"Back to Basics"approach to increase recycling and
reduce contamination. Efforts may include,but are not limited to: producing waste reducrion and recycling
advertisements,flyers andpostcazds;providing educational table displays and staffing at approximately two City
events related to promoting waste reduction/consumption;and the cart checks.
RECIPIENT is reminded that all grant-funded giveaway items must fust be pre-approved by ECOLOGY.
Additionally, RECIPIENT shali obtain ECOLOGY's approval for all Agreement-funded communication materials or
documents related to the fulfillment of this Agreement,per section 18 of the General Terms and Conditions of tlus
Agreement. Confact your Ecology Project Manager to obtain approval.
Reimbursement for costs incuri�ed by contractors to icqplement work ideqtified in this task are subject ro the same
eligibility and reimbursement re:quirements as the RECIPIENT, and reqnire ECOLOGY approval.
Activity-Communi.ry Materials Exchange
RECIPIENT will coordinate a weekend when residents may exchange materials or money in a"Communiry Yazd
Sale." Benefits to residents participating as sellers include use of City-provided promotional materials,and inclusion
on the City's map of sale sites. Benefits to buyers and the environment include a compilation of locarions for more
efficient Srip planning, and reuse of items at a lower-than-new sales price.
Task Goal Statement:
The goal of this task is to increase recycling, reduce contamination,and promote waste reduction among residents,
_ _ _.
bringing awazeness to existing collection guidelines and programs,while inspiring residents to participate.
Task Expected Outcome:
For Reducing Contamination,RECIPIENT will assess the change in contamination based on the difference between
initial and follow-up cart checks. From the initial cart check to the follow-up cart check,RECIPIENT anticipates at
least a 75%decrease in the number of carts found to wntain contamination. RECIPfENT will also estimate the change
in tonnage diverted into recycling.
To estimate residential contacts made, RECIPIENT will track the number of flyers, etc. distributed and the reach of
advertising. To estimate participants,RECIPIENT will.track attendance at events,and the number of caR checks.
Surveys may also be used as appropriate,or hauler data for the areas reached with this task.
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.State of Washington Departrnent of Ecology Page 6 of 20
AgreementNo: W2RLSWFA-1719-AubuSW-00096
Project Title: 2017-19 LSWFA City of Aubum IMP
Recipirnt Name: CITY OF AUBURN
To estimate the tons diverted from the waste stream via the CommuniTy Yard Sale,RECIPIENT will multiply 50
pounds by the nutnber of sellers.
As a result of this fask, over the Agreement period,RECIPIENT estimates an additiona125 tons recycled by
p"artieipating;residents.
RECIPIENT expects to make 22,500 residential contacts,resulting in 1,000 residential participants.
Recinient Task Coordinator: Joan Nelson&Kathleen Edman
Resideutial Reeycling/W9ste Prevention
Deliverables
Number Description Due Date
��� Work as defined in the Scope of Work for this Agreement is 06/30/2019
im lemented.
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State of Washington Departmwt�of Ecoloyry Page 7 of 20
AgreementNo: W2RLSWFA-1719-AubuSW-00096
Project Title: 2017-191SWFA City of Aubum IMP
Recipirnt Namr. CIYY OF AUBURN
SCOPE OF WORK
Task Number> 2 Task Cost: $13,500.00
Task Title: Business Recycling/Waste Prevention
TaskDescription:
Activity-School Waste Reduction and Recycling
RECIPIENT,with a consultant,will support the Auburn School District(ASD)'s continuing hazd work to increase their
diversion rate,reduce contamination of recycling and organics waste streams,and reduce overall waste. RECIPIENT
wiD provide waste reduction and recycling presentations to students and work with school staffto ensure the school
can provide the best waste management services possible.
RECIPIENT will provide the ASD Resource Conservation Manager(RCM)with advance notice of the dates and
locations of the classroom presentations. RECIPIENT also will coordinate wiH�the RCM to increase waste prevention
and recycling through the promotion of the King County Green Schools and Washington Green Schools programs. In
addition,the City may partially fund a water bottle refill station at a school or schools within the ASD to promote
waste reduction.
Expected costs include consultant time,outreach printed materials,presentation props, and tools such as a water bo.ttle
refill station.
RECIPIENT is reminded that all grant-funded giveaway items must first be pre-approved by ECOLOGY.
Additionally,RECIPIENT shall obtain ECOLOGY's apgroval for all Agreement-fnnded communicatiop materials or
documents related to the fulfillment of this Agreement,pe;section 1 S of the General Temis and Conditions of 4his
Agreement. Contact yonr Ecology Project Manager to obtain approval.
Reimbursement for costs incurred by contractors to implement work identified in tFris taskaze subject to the sazne
eligibiliry and reimbursement requirements as the RECIPIENT, and require ECOLOGY approval.
Task Goal.Statement:
The goal of this task is to increase waste reduction and recycling awareness and practices in Aubum's schools,
resulting in effective waste management behaviors both at home and school.
TaskExoected Ontcome:
Over t6e two-yeaz Agreemenbperiod,the RECIPIENT expecu about 4.5 more tons recycled or reduced via
approximately 450 students paRicipating via reception of school outreach suchas one of approximately 15 school
presentations given.
RECIPIENT will track the nwnber of students and staff reached through presentations or one-on-one meetings
(participants),as well as notified of the availability of outreach(contacts). REC[PIENT estimates 20 more pounds will
be recycled or reduced per year per student or staff inember participating in a presentation.
If the water bottle refill station is realized, RECIPIENT will seek data regarding its waste reduction impact.
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Sqte of Washington Depertrnent of Ecology Page 8 of 20
AgreementNo: W2RLSWFA-1719-Aubu5W-00096
Projwt Titic: 2017-19 LSWFA City of Aubum IMP
Recipien(Name: 6ITY OF AUBURN
Reciuient Task Coordinator: Joan Nelson&Kathleen Edman
Business Recycling/Waste Prevention
Deliverables
Number Description Due Date
Z•� Work as defined in the Scope of Work for this Agreement is 06/30/2019
im lemented.
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State of Washington Departmrnt oFEcology Page 9 of 20
AgreemenWo: W2RLSWFA-t719-AubuSW-00096
Project TiHa 2017-19 LSWFA Ciry of Aubum IMP
Recipient Name: CIl'Y OF AUBURN
BUDGET
Funding Distrib;uNon EG180374
NQTE: The abo9e funding distribution number is used to identify this specif:c agreement and budget on gaymen;
remittances nnd mdy Ge referenced on other commun:cations from ECOLOGY. Your agreement may have multiple
funding distriGutian numbers ta iden{ify eaeh budget.
Funding Title: City of Auburu IMP Funding Type: Grant
Eunding Effec6ve Date: 07/O1/2017 Funding Expiration Date: 06/30/2019
Funding Source:
Title: State Building Construction Account(SBCA)
Type: State
Funding Source%: 100%
Description: Local Solid Waste Financial Assistance
Appmved Indiiect Costs Rate: Approved State Indirect Rate: 25%
Recipient Match%: 25%
InKindlnterlocal Allowed: No
InKind Other Allowed: Na
Is this Funding Distribution used to match a federal grant? No
City of Aub'u'u IMP Task Total
Residential Recycling/Waste Prevention $ 20,156.00
Bnsiness Recyoling/Waste Prevention $ 13,500.00
Total: $ 33,656.00
Venion 10/30/2015
State of Washington Departmrnt of Ecology Page IO�of 20
AgreementNo: W2RLSWFA-1719-AubuSW-00096
Project Title: 2017-19 LSWFA Giry of Aubum IMP
Recipient Name: CITY OF AUBURN
Fundin¢Distribution Summarv
Recipient/Ecology Share
Fanding Distribution Name Recipient Match % Recipient Shaie Ecology Share Total
City of Aubum IMP 25.00 % $ 8,414.00 $ 25,242.00 $ 33,656.00
Total $ 8,414.00 $ 25,242.00 $ 33,656.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portlon ot 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,declazed ineligible or otherwise excluded from contracting with the federal
goyemment,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 wfiy they
cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate wiitten notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR leains that its ceitification was erroneous when submitted ot had b'ecome
_ . ._
enoneous by reason of changed cucumstances.
3: The terms covered transaction,debarred;suspended,ineligible,lower tier covered transaction;participant,
person,primary covered hansaction,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 erit8r 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 4oluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agre.es 6y sigiiing this agieement,that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION"without modification in all lower tier covered trarisactions and in all solicitations for lower tier
_ _ _ _
covered transactions.
6. Pursuant[0 2CFR18033Q the RECIPIENT/CONTRACTOR is responsible for ensdring that any lower tier
covered transaction complies with certification of suspension and deb.azinent requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing fo disclose the information reqniied in the Code of
Federal Regulations may result in the delay or flegation of this funding agreement, or pursuance of legal
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State of Washingron Deparhnent of Ecology Pagc I I of 20
AgrcementNo: WZRLSWFA-17I9-AubuSW-00096
Prqcct TiUe: 2017-19 LSWFA Ciry of Auburn IMP
Recipient Name: CITY OF AUBURN
remedies, including suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agteement 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 app;oved for payinent. RECIPIENT/CONTRACTOR must run a search in
<htto://wwwsam.gov>and print a copy of completed searches to document pro,of of compliance.
B.FEDERAL FLJNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATAI REPORTING
REOUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and retum 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$25,000 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 in4oices until it has received a completed and si�ed FFATA Data Collection Form.
Ecology is requiied to report the FFATA information for federally funded agreements, including the required
DUNS number,at www.fsrs.gov <htto:/Lwww.fsrs.�ov/>within 30 days of agreement signature. The FFATA
inforniation will b"e available to the public at www.usaspendine.eov<http://www.usaspendin .��.
For more details on FFATA requirements,see www.fsrs.eov <htto://www.fsrs.eov/>.
Version 10/30/2015
State of Washington Departnent of Ecology Page 12 of 20
AgreementNo: W2RLSWFA-1719-AubuSW-00096
Project Title: 2017-19 LS WFA CiTy of Aubum 1MP
Recipient Name: CITY OF AUBIJRN
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT sh;all follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL
Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.htm1)
_
b) RECIPIENT shall complete all activities funded by this Ageement and be fully responsible for the proper
management oFall funds and resources made available underthis Agreement.
c) RECIPIENT agrees to take complete responsibility forall 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 requestproof of compliance by subgrantees and contractors.
d) REGIPIENT's activiries 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 wriften amendment executed by both parties. No
subsequentmodification(s)or amendment(s)of thisAgreement 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 inforcnation withont the concurrence of either party.
3. ARCI�IAEOLOGICAL AND CULTURAL RESOURCES
RECIEIENT shall take reasonable action to avoid,minimize, or mitigate adverse effects to azcheological and historic
rasontces. The RECIPIENT must agree to hold h:armless the State of Washington in relation to any claim related to
historical oc cultural artifacts discoVered, dishubed,or damaged dpe to the RECIPIENT's project funded under this
Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Pro�am issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
• For capital construction projects or land acquisitions for capital construction projects, if required,comply with
Govemor Executive Order 05-05,Archaeology and Cultural Resources.
• For projects with any federal involvement, if required,comply with the National Historic Preservation Act.
• Any cultural resources federal or state requirements ciiust be coriipleted prior to the start of any work on the project
site.
b) If re.quired by[he ECOLOGY Program, submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to
implementing any project that involves ground disturbing acrivities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• ICeep the IDP at the projecbsite.
� Make the IDP readily available to anyone working at the project site.
• Discuss tlie IDP with staff and contractors working at the project site.
• Implement the IDP when cultural resources or htunan remains aze found at the project site.
c) If any archeological or historic resources are found while conducting work under this Agreement:
• Immediately stop work and notify the ECOLOGY Program,the Department of Archaeology and Historic
Preservatiop at(360)586-3064,any affected Tribe, and the local govemment.
d) If apy human remains are found while conducting work under this Agreement:
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State of Washington Department of Ecology Pagc 13 of 20
AgreementNo: W2RLSWFA-l719-AubuSW-00096
Project Titlr. 2017-19 LSWFA City of Aubum IMP
Recipien[Name: CITY OF AUBURN
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,and
then thp ECOLOGY Program.
e) Comply with RCW 27.53,RCW 27.44.055,and RCW 68.50.645,and all other applicable local, state,and federal
laws protecting cultural resources and human remains.
4. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigied by the RECIPIENT.
5. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENI"s designees,
ECOLOGY,all affected local,state,or federal jurisdictions,and any interested individuals or groups.
6. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
REC1PiENT. ECOLOGY must sign the Agreement before any payment requests can be submifted.
b) Payments will be made on a reimbursable basis for approved and cocnpleted work as specified in this Agreement.
c) RECIPIENT is responsible;o determine if costs are eligible. Any qnestions regarding eligi6ility should be clazified
with BCOLOGY prior to incurring costs. Costs tliat are conditionally eligible require approval By ECOLOGY prior to
expenditure.
d) RECIPIENT shall not invoice more than once per month unless agteed on by ECOLOGY.
e) ECOLOGY will not process payment requesu without the proper reimbursement forms,Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
� ECOLOGY will pay the RECIPIENT thit[y(30)days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee
Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration formand an IRS W-9 form
at the website,http://www.des.wa.gov/services/ContractingPurchasing/BusinessNendorPay/Pages/default.aspx. For
any questions about the vendor registration process contact the Statewide Payee Help Desk at(360)407-8180 or email
payeehelpdesk@watech.wa.gov.
h) ECOLOGY may,at its sole discretion,withhold payinents claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily coipply with any tertn or condition of this Agreement.
i) Mopies withheld liy ECOLOGY may be paid ro 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
tlus Agreement,as appropriate,or upon completion of an audit as specified herein.
j) RECIPIENT mus[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.
7. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulatio�s,and permits
related fo this Agreement,inclbding but not limited fo:
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 safefy.
b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against
discrimina[ion.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and ptovide 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
rimeline for the permit and approval processes.
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AgreemenfNo: W2RLSWFA-1719-AubuSW-00096
Project Title: 2017-19 LSWFA City of Auburn IMP
Recipient Name: C[TY OF AUBURN
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 stahtte or rule of law of the state of Washington,it is consideced
modified to conform ro that statute or rule of law.
8. CONFLICT OF INTEREST
RBCIPIENT and ECOLOGY agree that any o�cer,member,agent,or employee,who exercises any function or
responsibiliry in the review,approval,or cazrying out of this Agreement, shall not have any personal or financial
interest,direct or indirect,nor affect the interest of any co:poration,partnership,or association in which he/she is a part;
in this A�eement or the proceeds thereof.
9. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its perFormance under this Agreement. RECIPIENT shall
award all contracu for construction,purchase of goods,equipment,services,and professional azchitectural and
engineering services duough a compeutive 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 standazd procurement procedures and
applicable state law in awazding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procdrement
practices related to this Agreecnent. Any costs incqrredas a result of procdrement practices not in compliance with
stafe procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
10. DISPUTES
When there is a dispute with regard to the extent and character of ttie work,or any other matter related to this
Agreement the determination of ECOLOGY will govern, although the RECIP[ENT 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 heazd 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.
The decision of ECOLOGY From an appeal will be final and conclusive,unless within thuty(30)days&om the date of
such decision,the RECIPIENT fumishes to the Director of ECOLOGY a written appeal. Tlie decision of the Director or
duly aufhorized representative will be final and conclusive.
The pazties 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 Counry. Review of the Direcror'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
Agreementand inaccordance with the decision rendered.
Nothing in this Agreement will be consuued to limit the parties' choice of another mutually acceptable method,in
addition to the dispute resolution procedure outlined above.
11. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Asswance 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
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the ECOLOGY Program issuing the grant oi loan, If a QAPP is required,tlie 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) RECIPIENI'shallsubmi[environmental data that was collected on a project to ECOLOGY using the
Emironmental 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:fittp://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System(GIS)data is collected
and processe.d.Guidelines for Creating and Accessing GIS Data are available at:
https;//ecology:wa.gov/Research-Data/Data-resources/Geographialnforinatiop-Systems-GIS/Standazds.RECIPIENT,
when requested tiy ECOLOGY, shall provide copies to ECOLOGY of all£nal GIS data layers,imagery,related tables,
raw data collection files,map products, and all metadata and project documentation.
12. GOVERNING LAW
This Agreament will begovemed 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.
13. 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 harcnless from and against any liability for any or all injuries to persons or property arising from We negligent act
or omission af that party or that party's agents or emp(oyees arising out of this Agreement.
14. INDEPENDENT STATUS
Th'e eiriployees,voluriteers,or agents of each party viho aze engaged in the performance of this Agreement will contiriue
to 6e etriployees,volunteers,or agents of that party and will not for any pnrpose be employees,volunteers, or agents of
the qther pazry.
15: KIC&BACKS
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 retum for awazd of a subcontract hereunder.
16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE)
RECIPIENT is encouraged to solicit and recruit,to the extent possible,ceRiFied minority-owned(MBE)and
women-owned(WBE)businesses in purchases and coritracts initiated under this Agreement.
Contract awards or rejections cannot be made tiased on MWBE participation;however,the RECIPIENT is encouraged
to take the following acrions,when possible,in any ptocurement under this Agceement:
a) Incipde qnalified minority and women's businesses on solicitation lisfs whenever they are potential sources of goods
or services.
b) Diyide the total requirements,when economically feasible, into smaller tasks or quantities,to permit maximuxn
participation by qualified minority and women's liusinesses.
c) Establish delivery schedules, where work requirem@nts petmit,which will encourage participation of qnalified
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minority and women's businesses.
d) Use the services and assistance of the Washington State O£fice o£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.
17. 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 Requ'uements for Recipients of Ecology Grants and Loans'; and(�the
General Terms and Conditions.
18. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the
fulfillment of this Agreemenr.
a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten(]0)business days
prior to prqducrion and distribution.
b) RECIPIENT s1ia11 inciqde time for ECOLOGY's review and approval process in their project timeline.
c) If reqpested,RECIPIENT shall provide ECOLOGY two(2) final copies and an elechonic copy of any tangible
p;oducts developed.
Copies include any printed materials,and all tangible producu developed such as brochures,manuals,pamphlets,
videos,audio tapes,CDs,cu;riculum,posters,media announcemenu,or gadgets with a message, such as a refrigerator
magnet,and any onli�e 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 communicarions intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's
graphic requaements 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.
19. PRO.GRESS REPORTING
a) RECIPIENT mpst satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or tetminate this Agteement if the RECIPIENT does
not,do"cument 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 tluough June 3Q July 1
through8eptember 30,and October 1 tluough 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.
20. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under ttus 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
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authorize others to use the same for federal, state,or local govemment purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information;present papers,lechues,or seminars involving information snpplied by ECOLOGY; or use logos,reports,
maps,or other data in printed reports, signs,biochures,paaiphlets, 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 proper[y purchased wholly or in part
wi[h funds fiunished 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 Proper[y Fumished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project,itshall be returned to ECOLOGY prior to fmal payment by
ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENTs possession,then ECOLOGY shall
be reimbutsed in cash or by setoff by the RECIPIENT for the fair mazket value of such propedy.
� Acquisi6on Projects. The following provisions shall apply if the project covered by this Agreement includes funds
fqr the ac_quisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable p�ior to disbursement of funds provided for in
Uiis Agreement.
__ _
2, RECIEIENT shall provide satisfactory evidence of ti[le or abili.Ty to acguire title for each parcel prior to
disbursement of fiands provided by this Agreement. Such evidence may include title insurance policies,Tonens
certificates;or abstracts,and attomey's opinions establishing that the land is free from any impediment,lien,or claim
whichwould impair the uses intended by this Agreement.
g) Conversions. Regazdless 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 wri4ten approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLO.GY of that portion of the proceeds of the sale,lease,or other conversion or encumbrance
which monies granted pursuant to this Agreement beaz to the total acquisition,purchase,or construction costs ofsuch
property.
21. RECORDS,AUDITS,AND INSPECTIONS
RECIPIENT shall inaintain complete program and financial records rela[ing to this Agreement, incldding any
engineering documentation and field inspection reports of all construction work accomplished.
All records shalb
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 tl�is Agreement.
d) Be open for audit ar inspection by ECOLOGY,or by any duly authorized audit representative of the State of
Waslungton,for a period ofat least three(3)yeazs afrer the final grant payment or loan repayment,or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjushnents if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit,or have a designated third parry 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 temunation.
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
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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 Agreemcnt.
22. RECOYERY 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 aze subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)
or iipallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amonnt of any erroneous payment or overpayment under this
Agreemen[.
RECIPIENT sh;all refund by check payable to ECOLOGY the amount oFany such reduction oFpayments or repayments
within thir[y(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per yeaz from the
time EGOLOGY 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.
23. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidiry 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 aze declazed to be severable.
24. 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-I 1 WAC)have been or will be met. Any
reimbursements aresnbject to this provision.
25. SUSPENSIQN
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
resqme performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement I
sustainable practices and to purchase environmentally preferable products under this Agreement. '
a) Sustainablepracqc:es may include such activities;as: use of clean energy,pse of double-sided printing hosting low
i"mpact meetings,andsetting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services,EPEAT registered compnters
and imaging equipment,independently certified green cleaning prodpcts,remanufactured toner cartridges,products
with reduced packaging,office products that are refillable,recharge8ble,and recyclable, and 100%post-consumer
recycled paper.
For more suggestions visit ECOLOGY's web page: Green Purchasing, ,
https://ecology.wa.gov/Regulations-Permits/Guidapce-technical-assistance/Sustaipable-purchasing.
27. TERMINATION
a) For Cause
ECOLOGY may termiriate for cause this Agreement with a seVen(7)calendar days prior written notification to the
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RECIPIENT,at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or fot a material
breach of any term or condition. If this Ageement is so tetminated,the parties shall be liable only for performance
iendered or cosu incwred in accordance with the terms of this Agreement prior to the effective date of tecmination.
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 effecrive date of this Agreement,or by any date
mptually agreed upon in writing for commencement of work, o�th"e time period defined within the Scope of Work.
Non-Perfonnance. The obligation of ECOLOGY to the RECIPIENT is conringent 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 ttris Agreement,ECOLO.GY may refuse to pay arty
fiuther 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 b"ecause of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold paymenu 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)calendaz days prior written notification to the RECIPIENT,except as noted
below. If this Agreement is so terminated,the parties shall be liable only for peiformance rendered or cosu incutted in
accordance with the terms of this Agreement prior to the effective date of terminatioa
Non-Allocarion of Funds. ECOLOGY's ability to make payments is contingent on availabiliry 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 Ageement,ECOLOGY,at iu sole discretion,may elect to terminate
the Agreement,in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions..
ECOLOGY mayalso elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufficiency isxesolved. 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 ternunation or suspension, ECOLOGY will reimburse eligible costs incurred by the recipienUcontractor
through the effective date of tetmination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the
recipient/contractor. 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 ro continue or complete Uie work described in this Agreement shall be contingent upon
availabiliry of funds by the RECIPIENT's goveming 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 docnmenu, data studies,surveys,drawings,maps,models,photographs,reports or other
materials prepazed by the RECIPIENT under[his Agreement,at the option of EWLOGY,will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
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completed on such documents and other materia(s.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid ro the RECIPIENT in
accordance with Recovery of Funds, identified herein.
28. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state
ofWasliington is named as an express third party beneficiary of such subcontracts with full rights as such.
29. 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
authoriaed representative o£ECOLOGY.
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