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26-022.00 Primetime Enterprises LLC - Shopping Cart Pilot Program
Contract No. 26-022.00 AGREEMENT FOR CONTRACTED SERVICES Primetime Enterprise LLC THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Primetime Enterprise LLC, hereinafter "Contractor," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Work to Be Performed. Contractor shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Contractor. Prior to commencement of work, Contractor shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee, Contractor shall commence work, perform the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Contractor in entering into this Agreement. By execution of this Agreement, Contractor represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed -upon personnel shall be made without the prior written consent of City. Contractor represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City -furnished information. C. Standard of Care. Contractor shall exercise the degree of skill and diligence normally employed by professional contractors engaged in the same profession and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Contractor shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Contractor's area of Agreement for Services Page 1 of 12 Contract No. 26-022.00 practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Contractor shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Contractor shall complete its work no later than 90 days after contract execution, or the compensation under the contract is fully expended, whichever occurs first, unless the time for performance is extended in writing by the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written notice to Contractor. In the event of termination without breach, City shall pay Contractor for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Contractor up to $10,000.00 USD (which includes Washington State Sales Tax if any is applicable) as full compensation for everything done under this Agreement, as set forth in Exhibit A. Contractor shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Contractor shall be paid monthly upon presentation of an invoice to City. Invoices shall be accompanied by a report as described in Exhibit A. Applications for payment shall be sent to the City Finance Department, Attn: Sarah Farr, Accounting & Finance Program Manager, at accountspayable@spokanevalleywa.gov or to the below -stated address. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code, and federal or state standards. S. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Marci Patterson, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO THE CONTRACTOR: Name: Samuel Jordan, Owner/Operator Phone: 509-922-4865 Address: PO Box 335 Spokane Valley, WA 99016 6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Contractor states that its designs, construction documents, and services shall conform to all federal, state, and local statutes and regulations. In addition, the Contractor shall comply with all applicable terms and conditions contained in the State of Washington Department of Ecology Grant Agreement No. SWMLSWFA-2025-SpoVal-00301 attached hereto as Exhibit C. Contractor agrees that to the extent necessary pursuant to said Grant Agreement, the Department of Ecology is made an express third party beneficiary of this Agreement. Contractor agrees to Agreement for Services Page 2 of 12 Contract No. 26-022.00 provide any and all documentation requested by the Department of Ecology relevant to proving compliance with said Grant Agreement. Upon the City manager or designee, or Department of Ecology determining that Contractor has failed to follow the terms and conditions of the Grant Agreement received funding for costs unallowable pursuant to the Grant Agreement, (1) the City may, in addition to any other lawful remedy available, withhold any and all payments to Contractor for noncompliant activity or unallowable costs, and demand that Contractor refund the City any amount of funds received for noncompliant activity or unallowable costs, and (2) the Contractor shall refund the City any amount of funds received for noncompliant activities or unallowable costs within 30 days of such demand from the City. Contractor shall include the requirements of Section 6 in any and all subcontracts. 7. Certification Regarding Debarment. Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. The Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9.. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Contractor under this Agreement may be subject to disclosure pursuant to chapter 42.56 RCW or other Agreement for Services Page 3 of 12 Contract No. 26-022.00 applicable public record laws. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared under this Agreement, provided that Contractor shall have no liability for the use of Contractor's work product outside of the scope of its intended purpose. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Contractor shall maintain personal automobile insurance for any and all vehicles utilized for the purposes of carrying out the provisions of this Contract. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Contractor's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Contractor shall maintain automobile liability insurance with a minimum limit for bodily injury of $250,000 per person, and $500,000 per accident, and a minimum limit for property damage of $100,000 each accident.. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 for each occurrence, and $2,000,000 for general aggregate. C. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation Agreement for Services Page 4 of 12 Contract No. 26-022.00 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3. If Contractor maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to the City Clerk at the time Contractor returns the signed Agreement, which shall be Exhibit B. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance. 12. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13. Waiver. No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded Agreement for Services Page 5 of 12 Contract No. 26-022.00 in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Contractor shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Contractor may, from time -to -time, receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Contractor shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Contractor agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Contractor's services under this Agreement. Contractor further agrees that the Arbitrator(s)' decision therein shall be final and binding on Contractor and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation or arbitration (including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Contractor shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Contractor shall comply with the federal laws set forth in subsection G, below ("Pertinent Non -Discrimination Authorities") relative to non-discrimination in federally -assisted programs as adopted or amended from time -to -time, which are herein incorporated by reference and made a part of this Agreement. Agreement for Services Page 6 of 12 Contract No. 26-022.00 B. Non-discrimination. Contractor, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts. Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. Contractor shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor shall so certify to the City, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with the non-discrimination provisions of this Agreement, the City will impose such contract sanctions as it may determine to be appropriate, including, but not limited to: 1. Withholding payments to Contractor under the Agreement until Contractor complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Contractor shall include the provisions of Section 22 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Contractor shall take action with respect to any subcontract or procurement as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. In addition, Contractor may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the Contractor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; and 49 Part 26; Agreement for Services Page 7 of 12 Contract No. 26-022.00 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal - aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 3 8; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). Agreement for Services Page 8 of 12 Contract No. 26-022.00 23. Seyerability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services and Fee Proposal B. Insurance Certificates C. Grant Agreement No. SWMLSWFA-2025-SpoVal-00301 The Parties have executed this Agreement this/7 day of f-t,42-Ci , 2026. CITY OF SPOKANE VALLEY Ilk- Jo6n Holtman, City Manager APPROVED AS TO FORM: fft of the City rney Contractor: Agreement for Services Page 9 of 12 Exhibit A — Scope of Services and Fees The Contractor shall: Contract No. 26-022.00 • Collect shopping carts abandoned on public property or right of way and either dispose of said shopping carts at the City's contracted transfer station, or return said shopping carts to the appropriate owner. • Utilize the City mobile application — ARCGIS, to track and document cart identification, location, and pickup information. City will provide access as needed for completing this task. • Contractor shall be solely responsible for any and all necessary equipment including safety and personal protection equipment. Contractor shall be solely responsible for the safety of all Contractor's employees, agents, or subcontractors. • Contractor shall provide monthly reports to the City with information collected in the City mobile application, and any other information as deemed appropriate by the Housing & Homeless Coordinator and Accounting & Finance Program Manager. At a minimum this shall include number of carts, approximate time expended, locations, disposal or return information, disposal costs, and weight. • Provide City with a monthly invoice for collection and disposal of carts including receipts for disposal costs. • Contractor shall comply with RCW 9A.56.2670 and return carts to the appropriate owner as applicable. Fees: Services will be provided as needed and billed on a per cart collected basis. Contractor will be paid a total of $75 per cart collected, inclusive of sales tax (if applicable) which includes compensation for time, equipment, gas, and any other expenses or costs incurred by the Contractor in completing its work hereunder. In addition, the City will reimburse Contractor for actual documented disposal costs. The City will pay up to a maximum amount of $10,000.00 USD as full compensation for everything done under this Agreement. Contractor shall be paid monthly upon presentation of an invoice which shall be submitted electronically to accountspa aablegspokanevalleywa.eov; Attn: Sarah Farr, Accounting and Finance Program Manager. Invoices shall be accompanied by the monthly reports described above. Payment shall be made no later than 30 days after receipt of invoice. Agreement for Services Page 10 of 12 Contract No. 26-022.00 Exhibit B — Insurance Certificates Agreement for Services Page 11 of 12 Contract No. 26-022.00 Exhibit C — Grant Agreement No. SWMLSWFA-2025-SpoVal-00301 Agreement for Services Page 12 of 12 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB Agreement No. SWMLSWFA-2025-SpoVal-00301 SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF SPOKANE VALLEY 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 SPOKANE VALLEY, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: P&I City of Spokane Valley $211,434.67 $211,434.67 $158,576.00 $52,858.67 07/01 /2025 06/30/2027 Planning & Implementation Project Short Description: City of Spokane Valley will spend $211,434.67 to divert 5 tons of MRW, and divert 3 tons of organic material from the municipal solid waste stream, and implement a homeless encampment response cleanup task. Project Long Description: See the Scope of Work section for more detailed information related to individual Tasks. 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. Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Tide: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY RECIPIENT INFORMATION Organization Name: CITY OF SPOKANE VALLEY Federal Tax ID: UEI Number: NSU3DBMM7JN9 Mailing Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 Physical Address: 10210 East Sprague Avenue Spokane Valley, Washington 99206 Organization Email: cityhall@spokanevalley.org Organization Fax: (509) 720-5075 Contacts Sarah Farr Project Manager Accounting & Finance Program Manager 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: sfarr@spokanevalleywa.gov Phone: (509) 720-5000 Billing Contact Sarah Farr Accounting & Finance Program Manager 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: sfarr@spokanevalleywa.gov Phone: (509) 720-5000 Sarah Farr Authorized Accounting & Finance Program Manager Signatory 10210 East Sprague Avenue Spokane Valley, Washington 99206 Email: sfarr@spokanevalleywa.gov Phone: (509) 720-5000 Template Version 12/10/2020 Page 2 of 24 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY ECOLOGY INFORMATION Mailing Address: Department of Ecology Solid Waste Management PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Solid Waste Management 300 Desmond Drive SE Lacey, WA 98503 Contacts Page 3 of 24 Steven Gimpel Project Manager 4601 N Monroe Street Spokane, Washington 99205-1295 Email: sgim461@ecy.wa.gov Phone: (509) 934-5483 Steven Gimpel Financial Manager 4601 N Monroe Street Spokane, Washington 99205-1295 Email: sgim461 @ecy.wa.gov Phone: (509) 934-5483 Template Version 12/10/2020 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY AUTHORIZING SIGNATURES Page 4 of 24 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 shal I 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. IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Department of Ecology ed by: Sign By: a, 1 /13/2026 7DMOA6 DNF6... Peter Lyon Solid Waste Management Program Manager Template Approved to Form by Attorney General's Office Template Version 12/10/2020 CITY OF SPOKANE VALLEY Signed by: r— By�/�L/" `- 1 /6/2026 2A 7A4AQAAD7416... Date Sarah Farr Accounting & Finance Program Manager Date Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY John Hohman Page 5 of 24 FSigned by: z 1 /13/2026 %Ma13... Date Template Version 12/10/2020 Dowsign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY SCOPE OF WORK Task Number: 1 Task Cost: $100,133.67 Task Title: MRW Collection and Management Task Description: Work Performed: The RECIPIENT will continue to contract with Sunshine Disposal for the operation of the Moderate Risk Waste (MRW) facility. The facility exists to provide residents with a safe and convenient drop off of their Household Hazardous Waste (HHW). RECIPIENT's contractor will follow all applicable local or state requirements to operate a MRW facility. Contractor is responsible for worker safety training. Contractor will provide appropriate Personal Protective Equipment (PPE) for all workers. PPE can include safety vests, gloves, eye protection, and other supplies or tools necessary to complete the work safely. Contractor costs are not reimbursable before ECOLOGY grant managers review an executed copy of the contract. ECOLOGY grant managers must review the contract, email the documentation to the RECIPIENT, and upload the email communication in EAGL including the following: • Date the contract was provided for ECOLOGY review • Contract period of performance • Compensation (time/materials, deliverables, etc.) • Contracted work eligible for reimbursement • Description of the supporting documentation the RECIPIENT is required to submit for eligible costs approval The facility is not accepting waste from businesses that designate as Small Quantity Generators (SQG). If shipment/disposal bills for SQG waste cannot be separated from HHW, then a fee must be charged to each business to cover disposal costs, and those fees must be itemized as a credit to the task. RECIPIENT is not participating in the PaintCare product stewardship program and can implement special collection events. ECOLOGY encourages RECIPIENT to contact PaintCare to coordinate their presence at events. Currently the cost of PaintCare eligible paints are not eligible for reimbursement under LSWFA. RECIPIENT expects to produce and/or distribute educational materials and must coordinate with the ECOLOGY grant manager prior to incurring costs. Costs Eligible for Reimbursement: • Staff salaries and benefits, and indirect up to 30% of the Task Cost for contract management, education and outreach, or special event collections • MRW facility maintenance and minor improvements including updated storage containers with ECOLOGY prior approval • Contractor costs for HHW management as well as HHW collection events • Supplies and tools necessary to implement the task work (description and use must be clearly communicated in the Item Description on the Expenditures Table) • Collection events or curbside pickup programs • Education and outreach around proper MRW management, and collection locations • Costs not listed here but approved in writing by ECOLOGY Template Version 12/10/2020 Page 6 of 24 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY Costs Ineligible for Reimbursement: • Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40-hour work week • Disposal costs for the management of waste accepted from businesses that designate as Small Quantity Generators • Costs eligible for product stewardship organizations and costs eligible under new product stewardship organizations that are fully implemented during this agreement period • Costs at collection events that are eligible for product stewardship organizations • Staff participation in trainings, workshops, or conferences not pre -approved in writing by ECOLOGY • Costs of membership in civic, business, technical, or professional organizations not pre -approved in writing by ECOLOGY • Costs not supported with required documentation Task Goal Statement: The goal of this task is to provide residents with a safe and convenient drop off of their Household Hazardous Waste (HHW) in an effort to improve the quality of the environment by diverting HHW from the municipal solid waste stream and preventing illegal dumping of this material. Task Expected Outcome: With the task budget, RECIPIENT expects: • 5 tons of MRW diverted from the municipal solid waste stream Recipient Task Coordinator: Sarah Farr MRW Collection and Management Deliverables Page 7 of 24 Number Description Due Date 1.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY SCOPE OF WORK Task Number: 2 Task Cost: $33,467.00 Task Title: Food Waste Prevention Task Description: RECIPIENT will contract out for special collection events for food waste. RECIPIENT's contractor will follow all applicable local or state requirements. Contractor is responsible for worker safety training. Contractor will provide appropriate Personal Protective Equipment (PPE) for all workers. PPE can include safety vests, gloves, eye protection, and other supplies or tools necessary to complete the work safely. Contractor costs are not reimbursable before ECOLOGY grant managers review an executed copy of the contract. ECOLOGY grant managers must review the contract, email the documentation to the RECIPIENT, and upload the email communication in EAGL including the following information: • Date the contract was provided for ECOLOGY review • Contract period of performance • Compensation (time/materials, deliverables, etc.) • Contracted work eligible for reimbursement • Description of the supporting documentation the RECIPIENT is required to submit for eligible costs approval RECIPIENT will contract out an education and outreach program specifically targeting reducing food waste. This program may involve outreach at existing community events, putting on workshops to show residents best practices for reducing food waste, and targeted education for multi -family properties. RECIPIENT expects to produce and/or distribute materials and must coordinate with the ECOLOGY grant manager prior to incurring costs. Costs Eligible for Reimbursement: • Staff salaries and benefits, and indirect up to 30°/a of the Task Cost for contract management, education and outreach, or special event collections • Education and outreach material • Contractor costs for collection events, and education and outreach • Cost associated with the management of collected food waste • Supplies and tools necessary to implement the task (description and use must be clearly communicated in the Item Description on the Expenditures Table) • Costs not listed here but approved in writing by ECOLOGY Costs Ineligible for Reimbursement: • Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40-hour work week • Staff participation in trainings, workshops, or conferences not pre -approved in writing by ECOLOGY • Costs of membership in civic, business, technical, or professional organizations not pre -approved in writing by ECOLOGY • Costs not supported with required documentation • Costs associated with collecting, transporting, and disposing of food waste Template Version 12/10/2020 Page 8 of 24 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY Task Goal Statement: The goal of this task is to reduce the amount of food waste in the garbage system by hosting food waste collection events, as well as hosting education and outreach events to better educate the public on how to reduce food waste as well as how to recycle food waste. Task Expected Outcome: With the task budget, RECIPIENT expects: • 3 tons of food waste recovered to feed people or animals • 100 participants involved in food waste reduction events Recipient Task Coordinator: Sarah Farr Food Waste Prevention Deliverables Page 9 of 24 Number Description Due Date 2.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY SCOPE OF WORK Task Number: Task Title: Homeless Encampment Response Task Description: Activity - Cleanup Task Cost: $77,834.00 RECIPIENT employees will coordinate with other departments and local agencies to clean up active and/or abandoned encampments and continue to keep them clean. RECIPIENT employees may investigate active and/or abandoned encampments to assess and prioritize cleanup. Cleanup and disposal are eligible on publicly -owned sites/locations only. Cleanup of federal land is allowed when the local government coordinates with federal agencies prior to cleanup. RECIPIENT may contract for assistance with this task. Reimbursement for costs incurred by contractors to perform work identified in this task are subject to the same eligibility and reimbursement requirements as the RECIPIENT and require ECOLOGY approval. RECIPIENT is encouraged to review the Master Contract provided by Department of Enterprise Services (DES) for information about vendors with experience that meets the RECIPIENTS's specific circumstances and need. Activity - Infrastructure, Purchased Services RECIPIENT may purchase services to provide portable toilets and/or garbage collection at shelter -in place locations and other locations where the RECIPIENT has previously assessed these services are practical. RECIPIENT employees and/or contractors will investigate active encampments to assess the level of infrastructure needed. Costs Eligible for Reimbursement: • Staff salaries and benefits, and indirect up to 30% of the task cost • Contracts and purchased services identified in the scope of work • Supplies for cleanup: bags, protective gear • Cleanup costs: time, transportation, and disposal of materials from encampments • Time: planning/coordination of cleanup • Costs not listed here but pre -approved in writing by ECOLOGY Costs Ineligible for Reimbursement: • Costs not specifically identified or pre -approved in writing by ECOLOGY • Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40-hour work week Task Goal Statement: The goal of the task is to protect the environment through cleanup and prevent continued environmental harm at encampments. Task Expected Outcome: Template Version 12/10/2020 Page 10 of 24 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY With the task budget, RECIPIENT expects: • 500 pounds of garbage cleaned • 6 cleanup events • 6 total dumpsters provided (1 for each cleanup) RECIPIENT will track and report the pounds of garbage cleaned and properly disposed. Anticipating multiple cleanups at the same encampment: RECIPIENT will track and report quarterly the number of encampments cleaned and the number of cleanups performed at each encampment. Recipient Task Coordinator: Sarah Farr Homeless Encampment Response Deliverables Page I 1 of 24 Number Description Due Date 3.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY BUDGET Funding Distribution EG260107 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Spokane Valley Funding Type: Grant Funding Effective Date: 07/01/2025 Funding Expiration Date Funding Source: Title: Model Toxics Control Operating Account (MTCOA) Fund: FD Type: State Funding Source %: 100% Description: Local Solid Waste Financial Assistance Approved Indirect Costs Rate: Approved State Indirect Rate: 30% Recipient Match %: 25% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Spokane Valley Task Total MRW Collection and Management S 100,133.67 Food Waste Prevention S 33,467.00 Homeless Encampment Response $ 77,834.00 Total: $ 211,434.67 Template Version 12/10/2020 06/30/2027 Page 12 of 24 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMiSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY Fundine Distribution Summary Recipient / Ecology Share Page 13 of 24 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Spokane Valley 25.00 % $ 52,858.67 S 158,576.00 S 211,434.67 Total $ 52,858.67 S 158,576.00 S 211,434.67 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS If the scope of this Agreement includes recycling activity managed or performed by the RECIPIENT at a recycling center (such as a transfer station or drop box location) or other locations, ECOLOGY will not reimburse disposal costs for materials collected or advertised as collected for recycling/reuse or marketed for recycling/reuse under this Agreement, unless approved in writing by ECOLOGY. RECIPIENT must immediately notify ECOLOGY when the RECIPIENT becomes aware that disposal of materials occurred or may occur due to the market conditions for recycled/reused materials. ECOLOGY may deny new costs or require repayment of costs already reimbursed or remove the task from the Agreement or terminate the Agreement. ECOLOGY's Solid Waste Management (SWM) program will implement a reporting assessment for all RECIPIENTS of grants administered through the SWM program. The assessment determines the RECIPIENT reporting level required throughout the biennium. If RECIPIENT administrative performance or changes in project circumstances trigger a reassessment, RECIPIENT will be notified of any changes to administrative requirements. RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly. The Spending Plan and Outcomes Data Collection form must be completed concurrent with the submittal of each payment Request/Progress Report. RECIPIENT shall report outcomes in a manner consistent with instructions in the Local Solid Waste Financial Assistance guidelines. RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial (including payment requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement of payment requests received after this date. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: Template Version 12/10/2020 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY Page 14 of 24 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REOUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than $30,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required Unique Entity Identifier in www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending_gov/>. For more details on FFATA requirements, see www.fsrs. og v <http://www.fsrs.gov/>. Template Version 12/10/2020 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES ORE UIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; Page 15 of 24 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <https://www.izovinfo.gov/content/pkp-/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Page 16 of 24 Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 07/01/2023 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (https:Hfortress.wa.gov/ecy/publications/SummaryPages/2301002.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 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:Hocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: - Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). Template Version 12/10/2020 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY Page 17 of 24 b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https:Hofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. Template Version 12/10/2020 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Page 18 of 24 Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the Template Version 12/10/2020 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY Page 19 of 24 review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: - Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. - Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). - Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Page 20 of 24 Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress Template Version 12/10/2020 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY Page 21 of 24 reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April I through June 30, July I through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22. RECORDS, AUDITS, AND INSPECTIONS Template Version 12/10/2020 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY Page 22 of 24 RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21 C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Page 23 of 24 Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post -consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY's web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any tern or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. Template Version 12/10/2020 Docusign Envelope ID: 218607FE-028F-451A-A84A-6FBA8F5B07DB State of Washington Department of Ecology Agreement No: SWMLSWFA-2025-SpoVal-00301 Project Title: P&I City of Spokane Valley Recipient Name: CITY OF SPOKANE VALLEY Page 24 of 24 If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 ACORD® DATE(MM/DD/YYYY) --' 16ft CERTIFICATE OF LIABILITY INSURANCE 03/12/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH IS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT, If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jessica Hatley Soutsakhone Soukphaly Agency (79101361) PHONE Fax 2819 E Main (A/C, NO, ExT): 253-859-8585 (A/c, No>: 253-856-9933 E-MAIL Puyallup WA 98372-3167 ADDRESS: Jessica.ssoukphaly@farmersagency.com INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: Truck Insurance Exchange 21709 PRIMETIME ENTERPRISE LLC INSURER B: Farmers Insurance Exchange 21652 17316 E KNOX AVE INSURERC: Mid Century Insurance Company 21687 INSURER D: SPOKANE VALLEY WA 99016 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIESOF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMEABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDTL INSD Y SUBR WVD Y POLICYNUMBER 607078934 POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A COMMERCIALGENERAL LIABILITY CLAIMS -MADE OCCUR 05/26/2025 05/26/2026 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES (Ea Occurrence) $ 100,00 MED EXP (Anyone person) $ 5,00 PERSONAL &ADV INJURY $ 2,000,000 GENT AGGREGATE LIMITAPPLIES PER: POLICY ®PROJECT ❑ LOC OTHER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS-COMP/OPAGG $ 4,000,000 $ AUTOMOBILE LIABILITY ANYAUTO OWNEDAUTOS SCHEDULED ONLY AUTOS HIREDAUTOS NON -OWNED ONLY AUTOSONLY COMBINED SINGLE LIMIT (Ea accident) $ BODI IN I NJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/ YIN EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONSbelow N/A PER STATURE OTHER $ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Insured's Location: 17316 E KNOX AVE, SPOKANE VALLEY, WA 99016 The City of Spokane Valley is additional insured per form J7241. Waiver of Subrogation applies per form E3306. CERTIFICATE HOLDER THE CITY OF SPOKANE VALLEY 10210 E SPRAGUE AVE SPOKANE VALLEY ACORD 25 (2016/03) 31-1769 11-15 CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE . WA 99206 ©1988-2b15 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD PROGRESSIVE PR06REII/UE P.O. BOX 31260 O/RECTAuto TAMPA, FL 33631 NAIC Company Code: 16322 Policy Number: 907667945 Underwritten by: Progressive Direct Insurance Co Policyholder: Ashley M Jordan Page 1 of 2 March 12, 2026 Customer Service 1-800-776-4737 24 hours a day, 7 days a week Verification of Insurance for Ashley M Jordan This verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of the policies. Please accept this letter as verification of insurance for this policy. Policy and driver information Policy number: 907667945 ...................................................................................................................................................... Policy state: ...................................................................................................................................................... Washington Policy period: ...................................................................................................................................................... Oct 24, 2025 -Apr 24, 2026 There was no lapse in coverage during this policy period. Effective date: ..................................................................................................................................................... Oct 24, 2025 . Drivers: Ashley M Jordan Samuel J Jordan Tyrell L Mullaley Jaxen Mullaley ...................................................................................................................................................... Address: 17316 E Knox ave Spokane Valley, WA 99016 Vehicle information .......................................................................................................................................... Vehicle: 2020 GMC SIERRA C1500/K1500 ...................................................................................................................................................... Vehicle identification number: 1GTP9EEL9LZ235632 ..................................................................................................................................................... Lienholder: . USAA 10750 Mcdermott Freeway San Antonio, TX 78288 Coverage information ...................................................................................................................................................... Liability To Others Bodily Injury Liability $250,000 each person/$500,000 each accident Property Damage Liability $100,000 each accident. ..................................................................................................................................................... Comprehensive ...................................................................................................................................................... Actual Cash Value Deductible: $500 Collision Actual Cash Value Deductible: $500 Form Vol(07/13) comigo n