AR17-007 DOE OIL SPILL GRANT - Agreement

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State of Waillington Department offxolog\ Agreement No SIIPREG-101 7-KiCoUNI-000,63 Project Title Regional oil spill and hu -neat incident response and r0t)UrCe iMIMS111011 Recipient Name Kittims Counts slient), 22 RECOVERY OF FUNDS The right or the RECIPIENT to retain monies received as reinibUrSC111011t PaYBIC[ItS is Contingent Upon SaliSfi`1001-y performance of this Agreement and completion of the work described in the Scope or 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 anIOLInt of any el-1-011COUS payment or overpayment Under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction orpayments or repayments within thirty (30)days oCawritten notice. Interest will accrue at the rate or twelve percent ( 12%) per year from the time ECOLOGY demands repayment or 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 oCsuch property. 23. SEVERABlLfTY 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. 24. S'I*A,rE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requiremetits of the State Environmental Policy Act (Chapter 43.2 tC RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION Wheii 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 (lay following the suspension period unless another (lay is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In Order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement stistaiiiable practicesand to purchase environmentally prcfierablc pr0dL1CtS tinder this Agreement. a) Sustainable practices may include such activities as: use ofc1can energy, use oFdouble-sided printing, hosting low impact meetings, and setting tip recycling art([ composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, hidependently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post -consumer recycled paper. For [note suggestions visit ECOLOGY's web page: Green Purchasing, littp://wvw.ecy.wa.gov/progi-aiiis/s%vfi/opl). 27, TERM NiATION a) For Cause ECOLOGY may terminate for caLISC this Agreement with seven (7) calendar days prior written notification to tile RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or For a material breacliof,iiiytenniot-cotidition. 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 (late of termination. Failure to Commence Work, ECOLOGY reserves the right to terminate this Agreement if RECIPIEN'r rans to commence work on the project funded within Four (4) months after the effective date of this Agreement, or by any date Version 10/30/2015 Page 17 of N