Conservation Commission contract for VSP Funding

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Voluntary Stewardship Program COMMISSION and COUNTY Agreement APPENDIX A — GENERAL TERMS AND CONDITIONS DEFINITIONS Terms used throughout this contract are defined below: "Agreement" shall mean the Grant Agreement to which these terms and conditions are affixed. "Agent" shall mean any entity to which the County has assigned responsibilities as allowed in the agreement. "Commission" shall mean the Washington State Conservation Commission, any division, section, office, including the Office of Farmland Preservation, unit or other entity of the Commission, or any of the officers or other officials lawfully representing the Commission. "County" shall mean the County receiving the funds as identified in the Agreement that this Appendix is a part of, and is performing activities under this contract, and shall include all employees of the County. "Project Officer" shall mean the specific employee of the Commission that is assigned as the primary contact for purposes of the fulfillment of this Agreement. "Voluntary Stewardship Program" and "VSP" shall mean the program established in, and governed by, RCW 36.70A.700-760 and associated statutes. DISPUTES Except as otherwise provided in this contract, any dispute arising under this contract shall be decided in the following manner: By the Project Officer or other designated official who shall provide a written statement of decision to the COUNTY. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date the COMMISSION receives such statement, the COUNTY mails or otherwise furnishes to the Executive Director of the COMMISSION a written appeal. An appeal of the Project Officer's decision shall be addressed by the COMMISSION'S Executive Director. The COUNTY shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the COMMISSION"S Executive Director for the resolution of such appeals shall be final and conclusive and constitutes a final agency action for the purposes of the Washington Administrative Procedures Act, RCW 34.05. Pending final decision of dispute hereunder, the COUNTY shall proceed diligently with the performance of this contract and in accordance with the decision rendered. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. The COUNTY and any Agent shall comply fully with all applicable federal, state and local laws, orders, regulations and permits. Any action brought to enforce the terms of this Agreement shall be in the Superior Court for Thurston County. Except as otherwise provided in this Agreement, in the event of litigation or other VSP Contract Between the WSCC and County - Page 7 of 10