AR17-007 DOE OIL SPILL GRANT - Agreement

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State or Witilmigion Depminctit ot* Eeolog� Agreement No SNIREG-201 7-KiCoEM-OU063 Project Title Regional oil spill and haz-mat incident response and resource acquisinoll Recipient Name Kittluis county sheriff I rany provision ofthis Agreement violates any statute or rule of law or the state of Washington, it is considered modified to conform to that statute Or IMIC of law, S. CONFLICT OP 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. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goo(is or services related to its performance Under this Agreement. RECIPIENT shall award all contracts fOr construction, purchase ofgoods, equipment, set -vices, and professional architectural and engineering services through a competitive process, if required by State law, RECIPIENT is required to follow procurement procedures that (311SLIM 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 all([ applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to hispectand request copies ofall procurement documentation, and review PrOCLIX0111WIt 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, 10. 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 all appeal request. b) Appeal MILIeSt must be in waiting and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. (1) ECOLOGY reviews the RECIPIENT's appeal, e) ECOLOGY sends a written answer within tell (10) business (lays, UnIeSS More tillIC is needed, after concluding the review. The decision of ECOLOGY from all appeal will be final and conclusive, unless within thirty (30) (lays from tile (late of such decision, the RECIPIENT rurnishes to tile Director of ECOLOGY written appeal. The decision of the Director or duly authorized representative will be final and conclusive. 'file parties agree that this dispute process will precede any action in ajUdiCial or quasi-judicial tribunal. Appeals of the Director's decision. will be brought in tile 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 ora 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 111URRIlly acceptable method, in addition to the (IISPLIte resolution procedure outlined above. 11, ENVIROMMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for each project that collects or Uses environmental meaSUM111CIlt (luta: RECIPIENTS unsure about whether QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. Ifa QAPP is required the RECIPIENT" shall: . Use ECOLOGY's QAPP Template provided by the ECOLOGY Program. Version 10/30/2015 Page 13 of N