088-19 - Department of Ecology - ContractDEPARTMENT OF
ECOLOGY
State of Washington
Agreement No. SEASMP -1921-PoOrPW-0007 4
SHORELANDS SHORELINE MASTER PROGRAM AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF PORT ORCHARD
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 Porl Orchard, hereinafter referred to as the "RECIPIENT," to carry out with the
provided funds activities described herein.
GENERALINFORMATION
Project Title Shoreline Master Program - Periodic Review
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
$ 16,800.00
$ 16,800.00
$ 16,800.00
$0.00
07/0U2019
06/3012021
Periodic Review of the Shoreline Master Program
Project Short Description:
The RECIPIENT will conduct a periodic review of the Shoreline Master Program (SMP) that is developed in a manner
consistent with requirements of the Shoreline Management Act (SMA), RCW 90.58, and its implementing rules, WAC
173-26, including the Shoreline Master Program Guidelines (SMP Guidelines).
Project Long Description:
The purpose of the Shoreline Master Program periodic review is to (a) assure that the master program complies with
applicable law and SMP Guidelines in effect at the time of the review, and (b) assure consistency of the master program
with the local government's comprehensive plan and development regulations adopted under chapter RCW 36.70A, if
applicable. Local governments should also consider amendments needed to address changed circumstances, new
information, or improved data.
State of Washington Deparhnent of Ecology
Agreement No: SEASMP- I 921-PoOrPW-00074
Project Title: Shoreline Master Program - Perrodic Review
Recipient Name: City of Port Orchard
Please note: Beyond the scope of this agreement, the RECIPIENT will continue the SMP formal adoption process as
stated in the SMA and WAC 173-26. Work related to these activities and formal adoption by the local governing body
is eligible for reimbursement under this grant, provided it is completed by June 30,2021. The adoption process includes
the activities shown below.
l. Complete SEPA review and documentation
Conduct SEPA review pursuant to the State Environmental Policy Act (RCW 43.21C)
2. Provide GMA 60-day notice of intent to adopt
For local governments planning under the Growth Management Act, notifli ECOLOGY and the Department of
Cotnmerce of intent to adopt the SMP arnendment at least 60 days in advance of final local approval, pursuant to RCW
36.70A.106.
3. Hold public hearing
Hold at least one public hearing prior to local adoption of the draft SMP or Findings ofAdequacy, consistent with the
requirements of WAC 173-26-100 or WAC 173-26-104.
4. Prepare a responsiveness summary
Prepare a summary responding to all comments received during the public hearing and the public comment period. The
names and mailing addresses of all interested parties providing comment shall be compiled.
5. Adopt SMP and subrnit to ECOLOGY
Cornplete the adoption process for the SMP update under either WAC 173-26-100 or WAC 173-26-104 and subrnit
the locally-adopted Draft SMP amendment or Findings ofAdequacy and Periodic Review Checklist to ECOLOGY
under WAC 173-26-110.
The RECIPIENT will use grant funds to pay for the following tasks:
Task 3 Public Participation.
Task 4 Review Shoreline Master Program and Draft Revisions, If needed.
The RECIPIENT will pay for the following task with their own funds:
Task I Project Oversight: Coordination, Management and Administration.
Task 2 Secure Consultant Services, If Needed.
Task 5 Final Draft SMP or Findings ofAdequacy.
Overall Goal:
Periodic Review Checklist and final draft SMP amendment or Findings ofAdequacy
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Template Version | 0/30 1201 5
State of Washington Department of Ecology
Agreement No: SEASMP-1921-PoOrPW-00074
Proiect Title: Shoreline Master Program - Periodic Review
Recipient Name: City of Port Orchard
RECIPIENT INFORMATION
Organization Name: City of Port Orchard
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address
Contacts
91-6001487
081932790
216 Prospect Street
Port Orchard, WA 98366
216 Prospect Street
Port Orchard, Washington 98366
Page 3 of24
Template Version 10/301201 5
State of Washington Department of Ecology
Agreement No:
Project Title:
Recipierrt Name:
SEASMP- I 92 1 -PoOrPW-00074
Shoreline Master Program - Periodic Review
City of Port Orchard
Page 4 of24
Project Manager
Keri Sallee
Long Range Planner
216 Prospect Street
Port Orchard, Washington 98366
Emai I : ksallee(@cityofportorchard. us
Phone: (360) 874-5533
Billing Contact Heidi Draper
Accounting Assistant III
216 Prospect Street
Port Orchard, Washington 98366
Email : hdraper(@cityofportorchard.us
Phone: (360)874-5523
Authorized
Signatory
Robert B Putaansuu
Mayor
216 Plospect Street
Port Orchard, Washington 98366
Ernai I : rputaansuu(@cityofportorchard.us
Phone: (360)876-4991
Template Version I 0/30 120 I 5
State of Washingon Department of Ecology
Agreement No: SEASMP-1921-PoOrPW-00074
Project Title: Shoreline Master Program - Periodic Review
Recipient Name: City of Port Orchard
ECOLOGY INFORMATION
Mailing Address:Department of Ecology
Shorelands
PO BOX 47600
Olympia, WA 98504-7600
Physical Address Shorelands
300 Desmond Drive SE
Lacey, WA 98503
Contacts
Page 5 of24
Project
Manager
Misty Blair
3190 - 160thAve SE
Bellevue, Washington 98008-5452
Email : mbla46l @ecy.wa.gov
Phone: (425) 649-4309
Financial
Manager
Layne Slone
Financial Manager
PO Box 47600
Olympia, Washington 98504-7 600
Email: 1nak46l @ecy.wa.gov
Phone: (360) 407-7540
Template Version I 0 130 /20 I 5
State of Washington Deparhnent of Ecology
Agreement No: SEASMP- I 921-PoOrPW-00074
Proiect Title: Shoreline Master Program - Periodic Review
Recipient Narne: City of Port Orchard
Page 6 of24
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
Department of Ecology
Citv of Port Orchard
By:By:
Gordon White
Shorelands
Program Manager
Template Approved to Form by
Attomey General's Office
Date Robert B Putaansuu
Mayor
Date
Template Version I 0/30 l20l 5
State of Washington Deparhnent of Ecology
Agreement No: SEASMP-1921-PoOrPW-00074
Project Trtle: Shoreline Master Program - Periodic Review
Recipient Nanre: City of Port Orchard
Page7 of24
SCOPE OFWORK
Task Number: I Thsk Cost: $0.00
Task Title:1. Project Oversight: Coordination, Management, and Administration
Task Description:
The RECIPIENT will provide necessary project oversight to complete the scope of work in compliance with this ECOLOGY
agreement, which includes project coordination, project management, and project administration.
A. The RECIPIENT will coordinate with ECOLOGY throughout the SMP review process. The RECIPIENT will provide
ECOLOGY opportunities to review draft deliverables at appropriate intervals. ECOLOGY will provide ongoing technical
assistance, and will evaluate consistency of deliverables with the Shoreline Management Act and applicable guidelines
throughout the review process.
B. The RECIPIENT will coordinate with other applicable federal, state and local agencies, neighboring jurisdictions, and
Indian tribes as provided in the Guidelines and SMA procedural rules. In addition, the RECIPIENT will consult with other
appropriate entities which rnay have useful information if necessary.
C. The RECIPIENT will conduct project management activities including compliance with state statutes and rules, project
scheduling, adherence to the scope of work, timelines, and due dates; request for, and if applicable, conducting the competitive
procurement process including preparation of contractor bidding documents, advertisements, and grant monitoring.
D. The RECIPIENT will submit quarterly progress reports and payment requests (PRPRs) with supporting documentation;
maintain project records; and submit ECOLOGY-approved deliverables by the due dates established between ECOLOGY
and the RECIPIENT.
Task Goal Staternent:
Properly manage and fully document the project in accordance with ECOLOGY's grant administration requirements.
Task Expected Outcome:
Timely and complete submittal of requests for reimbursement, quarterly progress reports and recipient closeout report.
Properly maintained project documentation.
Recipient Task Coordinator: Keri Sallee
1. Project Oversight: Coordination, iVlanagement, and Administration
Deliverables
Number Description Due Date
1.1 Progress reports are due quafterly
1.2 Recipient Close Out Report 06/30/2021
Template Version I 0/30/20 I 5
State of Washington Department of Ecology
Agreement No: SEASMP- I 921-PoOrPW-00074
Project Title: Shoreline Master Program - Perodic Review
Recipient Name: City of Port Orchard
SCOPE OFWORK
Task Number: 2 Thsk Cost: $0.00
Task Title:2. Secure Consultant Services, If Needed
Task Description;
If applicable, the RECIPIENT will:
A. Secure qualified consultant services
In accordance with the RECIPIENT or State of Washington procurement procedures, the RECIPIENT will enter into a
contract with the selected consultant(s) and prepare a sub agreement in accordance with the scope of work in this agreement.
Task Goal Statement:
To ensure the RECIPIENT has qualified personnel to conduct the scope ofthis project
Task Expected Outcome:
lf applicable, signed contract and sub-agreement with consultant(s).
Recipient Task Coordinator: Keri Sallee
2. Secure Consultant Services, If Needed
Deliverables
Page 8 of24
Number Description Due Date
2.1 Final signed consulting contract. Upload to EAGL per the date in the
Deliverable Due Dates form.
2.2 Update in quarterly progress report.
Template Version I 0/30 l20l 5
State of Washingon Department of Ecology
Agreement No: SEASMP- 1921-PoOrPW-00074
Project Title: Shoreline Master Program - Periodic Review
Recipient Name: City of Port Orchard
Page9 of24
SCOPE OF WORK
Task Number: 3 Task Cost: S1,800.00
Task Title 3. Public Participation
Task Description:
The RECIPIENT will:
A. Develop a Public Participation Plan
Prepare and disseminate a public participation plan to invite and encourage public involvement in the SMP periodic review
consistent with WAC 173-26-090. The public parlicipation plan should include applicable local requirements such as planning
commission review and formal hearings, as well as applicable state notice requirements.
B. Conduct public participation activities
hnplement the public participation plan throughout the course of the SMP periodic review process
Task Goal Statement:
To inform and involve all stakeholders in the SMP periodic review process
Task Expected Outcome:
Continuous public participation activities throughout the SMP periodic review process.
Recipient Task Coordinator: Keri Sallee
3. Public Participation
Deliverables
Number Description Due Date
3.1 Public Parlicipation Plan. Upload to EAGL per the date in the Deliverable Due
Dates form.
3.2 Updates of public involvement activities in progress repofts.
Ternplate Version 1 0/30/20 I 5
State of Washingon Departlnent of Ecology
Agreement No: SEASMP-I921-PoOrPW-00074
Project Title: Shoreline Master Program - Periodic Review
Recipient Name: City of Port Orchard
Page l0 of24
SCOPE OF WORK
Task Number: 4 Thsk Cost: $15,000.00
Task Title:4. Review Shoreline Master Program and Draft Revisions, If Needed
Task Description:
The RECIPIENT will:
A. Review the SMP to determine if revisions are needed
l. Review amendments to chapter 90.58 RCW and Ecology rules that have occurred since the Shoreline Master Program was
last amended, and determine if local amendments are needed to maintain compliance. Ecology will provide a checklist of
legislative and rule amendments to assist local governments with this review.
2. Review changes to the comprehensive plan and development regulations to determine if the Shoreline Master Program
policies and regulations remain consistent with thern. Document the consistency analysis to support proposed changes to the
Shoreline Master Program or Findings ofAdequacy.
3. Conduct additional analysis deemed necessary to address changing local circumstances, new information or improved data.
B. Draft revised SMP goals, policies and regulations, or prepare Findings of Adequacy
l. Prepare amended goals and policies or regulations identified through the review process. Use the checklist to identifu where
in the SMP changes are made to address applicable statutory or regulatory changes.
2. Where the review conducted under Task 44, concludes no changes are necessary, prepare draft Findings ofAdequacy
Task Goal Statement:
To review the SMP to determine if changes are necessary, and revise the SMP if changes are deemed necessary
Task Expected Outcome:
A completed Periodic Review Checklist documenting the initial staffreview of the SMP, and either initial draft SMP
amendments or draft Findings ofAdequacy.
Ternplate Version I 0/30/20 I 5
State of Washington Deparhnent of Ecology
Agreement No: SEASMP- I 921-PoOrPW-00074
Proiect Title: Shoreline Master Program - Periodic Review
Recipient Name: City of Port Orchard
Recipient Task Coordinator: Keri Sallee
4. Review Shoreline Master Program and Draft Revisionso If Needed
Deliverables
Page ll of24
Number Description Due Date
4.1 A Periodic Review Checklist documenting consideration of statutory
amendments, and internal consistency review. Upload to EAGL per the date in
the Deliverable Due Dates form.
4.2 Initial draft SMP amendments or Findings ofAdequacy and supporting
documentation. Upload to EAGL per the date in the Deliverable Due Dates
form.
Template Version 10130/201 5
State of Washington Department of Ecology
Agreernerrt No: SEASMP- 192 l-PoOrPW-00074
Project Title: Shoreline Master Program - Periodic Review
Recipient Narne: City of Port Orchard
Page 12 of24
SCOPE OF WORK
Task Number: 5 Thsk Cost: $0.00
Task Title:5. Final Draft SMP or Findings ofAdequacy
Task Description:
The RECIPIENT will
A. Conduct public review process
Conduct a local public review process for the proposed Shoreline Master Program as provided in the SMA and WAC
173-26. Where atnendments to the SMP are proposed they shall contain applicable shoreline goals, policies, or regulations
with copies of any provisions adopted by reference. Where no changes are needed, the local process will include a formal
Findings ofAdequacy.
B. Assemble final draft amendment or Findings ofAdequacy
Assemble a complete SMP final draft amendment in preparation for review and approval by the local jurisdictional governing
body. Where the review determines that no changes are needed, the Recipient will prepare a formal Findings ofAdequacy.
Task Goal Staternent:
Complete a Shoreline Master Program final draft amendment or Findings ofAdequacy
Task Expected Outcome:
A Shoreline Master Program final draft amendment or Findings of Adequacy
Recipient Task Coordinator: Keri Sallee
5. Final Draft SMP or Findings of Adequacy
Deliverables
Number Description Due Date
5.1 Updates of public review process activities in progress report.
5.2 Submit an SMP final draft amendment or Findings ofAdequacy, with relevant
supporting documentation and a complete Periodic Review checklist. Upload
to EAGL per the date in the Deliverable Due Dates form.
Template Version I 0/30/20 I 5
State of Washington Department of Ecology
Agreement No: SEASMP-1921-PoOrPW-00074
Project Title: Shoreline Master Program - Periodic Review
Recipient Name: City of Port Orchard
BUDGET
Funding Distribution 8G200547
NOTE: The abovefunding distribution number is used to identifu this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement mcty have multiple
funding distribution numbers to identify each budget.
Page 13 of 24
Funding Title: Model Toxics Control Operating Account (MTFunding Type:
Funding Effective Date: 0710112019 Funding Expiration Date:
Funding Source:
Title Model Toxics Control Operating Account (MTCOA)
Grant
0613012021
Type:
Funding Source o/o:
Description:
State
100%
Model Toxics Control Operating Account (MTCOA)
Approved Indirect Costs Rate: Approved State Indirect Rate: 0%
Recipient Match%o: 0%
InKind InterlocalAllowed: No
InKind OtherAllowed: No
Is this Funding Distribution used to match a federal grant? No
Model Toxics Control Operating Account (MTCOA)Thsk Total
l. Project Oversight: Coordination, Management, and
Administration
$0.00
2. Secure Consultant Services, If Needed $0.00
3. Public Participation $ 1,800.00
4. Review Shoreline Master Program and Draft Revisions, If
Needed
$ 15,000.00
5. Final Draft SMP or Findings ofAdequacy b 0.00
Template Version 1 0/30 1201 5
Total: $ 160800.00
State of Washington Department of Ecology
Agreement No: SEASMP- I 921-PoOrPW-00074
Project Title: Shoreline Master Program - Periodic Review
Recipient Narne: City of Port Orchard
Page 14 of24
Fundins Distribution Summary
Recipient / Ecology Share
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
Deliverable Due Date Form:
The RECIPIENT will negotiate the task deliverable due dates with the ECOLOGY Project Manager, and the ECOLOGY
Project Manager will enter the information in the Deliverable Due Date EAGL forrn. The RECIPIENT will keep track of these
due dates, and will note any date changes on the quarterly progress repofis. The Deliverable Due Date form can be found on
the Application Menu - Forms page in EAGL. Q\ote: This fonn does not automatically print out with the agreement.)
Document Accessibility Requirements (as described in the General Terms and Conditions of this Agreement:
ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY):
For documents produced under this agreement intended to be published, posted, or hosted on ECOLOGY's external web
site, the RECIPIENT shall provide the documents in both their oonative format" (such as Word, Excel, PowerPoint) and in PDF
format (latest version of Adobe Acrobat Pro or compatible). The PDF documents must satisfactorily pass the Adobe Acrobat
Pro Accessibility Checker (Full Check). The RECIPIENT will provide ECOLOGY the Accessibility Checker's report.
ECOLOGY will review the PDF Accessibility results and may request the RECIPIENT rernedy any known issues.
ECOLOGY reserves the right to perform independent testing to validate accessibility and may require the RECIPIENT
remedy any identified issues before acceptance of the document. For assistance concerning Accessibility, visit state of
Washington, Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility
(https ://ocio.wa. gov/policy/accessibi I ity).
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 INEI,IGIBII,ITY OR VOI-I]NTARY
Funding Distribution Name Recipient Match Vo Recipient Share Ecology Share Total
Model Toxics Control Operating
Account (MTCOA)
0.00 %$0.00 $ 16,800.00 $ 16,800.00
Total $0.00 $ 16,800.00 $ 16,800.00
EXCLUSION:
1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
Template Version I 0/30 l20l 5
State of Washingon Department of Ecology
Agreement No: SEASMP- I 921-PoOrPW-00074
Project Title: Shoreline Master Program - Periodic Review
Recipient Name: City of Port Orchard
Page 15 of24
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 certifu 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 irnplementing 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 ofFederal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
..CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION" without rnodification 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 requirernents.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations rnay result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debannent.
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 rnake this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REOUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOWRECIPIENT that rneets each of the criteria below rnust report compensation for its five
top executives using the FFATA Data Collection Fonx.
Receives more than $25,000 in federal funds under this award.
Receives more than 80 percent ofits 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 repoft the FFATA infonnation for federally funded agreernents, including the required DUNS number, at
www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspendinq. gov <htto://www.usasoending,sov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
Template Version I 0/30/20 I 5
a
State of Washingtorr Deparhnent of Ecology
Agreement No: SEASMP-1921-PoOrPW-00074
Project Title: Shoreline Master Program - Periodic Review
Recipient Nane: City of Port Orchard
Page 16 of 24
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 7-I-2019 VERSION
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans - EAGL Edition."
(https://fortress.wa.gov/ecylpublications/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 Agreernent.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all
subgrantees and contractors comply with the terrns 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 ofall 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. ARCHAEOLOGICALAND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources
The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural
arlifacts 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:
. For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor
Executive Order 05-05, Archaeology and Cultural Resources.
. For projects with any federal involvernent, if required, comply with the National Historic Preservation Act.
. Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site.
b) If required by the ECOLOGY Program, submit an Inadvedent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
. Keep the IDP at the project site.
Template Version | 0/30 l20l 5
State of Washington Department of Ecology
Agreernent No: SEASMP- I 921-PoOrPW-00074
Project Title: Shoreline Master Prograrn - Periodic Review
Recipient Name: City of Port Orchard
Page 17 of24
. Make the IDP readily available to anyone working at the project site.
. Discuss the IDP with staff 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 archeological or historic resources are found while conducting work under this Agreement :
. Immediately stop work and notifl, the ECOLOGY Program, the Department ofArchaeology and Historic Preservation at
(360) 586-3064, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement:
. Immediately stop work and notifo the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the
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.
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 IhaL 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 thifty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive paynent through Washington State's Office of Financial Management's Statewide Payee Desk.
To receive payment you must register as a statewide vendor by subrnitting 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 ernail 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 ofan audit as specified herein.
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
other repofts required by this agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITHALLLAWS
RECIPIENT agrees to cornply 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
Template Version I 0/30 120 I 5
State of Washington Departmellt of Ecology
Agreement No: SEASMP- l 92 l-PoOrPW-00074
Project Title: Shoreline Master Program - Periodrc Review
Recipient Narne: City of Port Orchard
Page l8 of24
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 tenninate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreernent 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 ofthis Agreernent, shall not have any personal or financial interest, direct or indirect, nor
aflect the interest of any corporation, pafinership, or association in which he/she is a paft, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its perfonnance under this Agreement. RECIPIENT shall award
all contracts forconstruction, purchase ofgoods, 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 rnust 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.
1I. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
The decision of ECOLOGY frorn 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 ajudicial 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
Ternplate Version l0 130/20 I 5
State of Washington Deparhnent of Ecology
Agreernerrt No: SEASMP- I 921 -PoOrPW-00074
Project Title: Shoreline Master Program - Periodic Review
Reciprent Name: City of Port Orchard
Page 19 of 24
accordance with the decision rendered.
Nothing in this Agreement will be construed to lirnit the pafties' 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
lneasurernent data. RECIPIENTS unsure about whetheL 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 Ternplate/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 datathat was collected on a project to ECOLOGY using the Environmental
lnformation Management systern (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at:
http ://www.ecy.wa. gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available al:
https://ecology.wa.gov/Research-Data./Data-resources/Geographic-lnformation-Systerns-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.
I3. GOVERNING LAW
This Agreernent 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.
I4. INDEMNIFICATION
ECOLOGY will in no way be held responsible for paynent 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 propefy 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 ofthat palty and will not for any purpose be ernployees, volunteers, or agents ofthe other
pafty.
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 helshe is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
I7. MINORITYAND WOMEN'S BUSINESS ENTERPRISES (MWBE)
Ternplate Version I 0/30 120 I 5
State of Washrngton Department of Ecology
Agreement No: SEASMP- 192 I -PoOrPW-00074
Project Title: Shoreline Master Prograrn - Periodic Review
Recipient Narne: City of Port Orchard
Page2l of24
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 procurelnent under this Agreement:
a) Include qualified rninority 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 maximutn 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. ORDEROFPRECEDENCE
ln the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines;and (g)
General Terrns and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's cornmunication 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 tirneline.
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, rnedia 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 itern.
Any comrnunications 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
a) RECIPIENT must satisfactorily demonstrate the tirnely use of funds by submifiing payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
tirnely use of funds.
b) RECIPIENT must subrnit a progress report with each payrnent request. Payment requests will not be processed without a
progress repoft. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress repoft format.
d) Quarterly progress reports will cover the periods from January I through March 3 1, April I through June 30, July I through
Ternplate Version I 0 130/20 I 5
State of Washingon Department of Ecology
Agreement No: SEASMP- I 921-PoOrPW-00074
Project Title: Shoreline Master Program - Periodic Review
Recipient Name: City of Port Orchard
Page2l of24
Septernber 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 thifty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, perforrnance, 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 rnaterials 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 ernployed 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 ofall 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 perfonnance 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 propeffy.
0 Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
I . 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,
propefty, 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 ofthe proceeds ofthe sale, lease, or other conversion or encutnbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs ofsuch property.
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.
Template Version lU30 n0 I 5
State of Washingon Department of Ecology
Agreernent No: SEASMP- I 92 l-PoOrPW-00074
Project Title: Shoreline Master Program - Periodic Review
Recipient Name: City of Port Orchard
Page22 of24
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington,
for a period ofat 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 perforrnance, colnpliance, and any other conditions under this Agreement.
23. RECOVERYOFFUNDS
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 ECOLOCY the full arnount 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 rnonies 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 POLICYACT (SEPA)
RECIPIENT must delnonstrate to ECOLOGY's satisfaction that cornpliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-ll 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.
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
lneetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
Template Version 1 0/30/20 I 5
State of Washington Department of Ecology
Agreement No: SEASMP- 1 92 l-PoOrPW-00074
Project Title: Shoreline Master Program - Periodic Review
Recipient Name: Crty of Port Orchard
Page23 of24
imaging equipment, independently certified green cleaning products, rernanufactured toner cartridges, products with reduced
packaging, office products that are refillable, rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY's web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may tenninate 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 tennination.
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 paft this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
tenns 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, rnay 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. Reirnbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no
event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments.
If payrnents have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay
rnonies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work desclibed in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By MutualAgreement
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State of Washington Department of Ecology
Agreernent No: SEASMP- I 92 l-PoOrPW-00074
Project Title: Shoreline Master Program - Periodic Review
Recipient Name: City of Port Orchard
Page24 of24
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, repofts or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will becorne 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.
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