2016-11-15 Resolution 148 - Laserfiche WebLink

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records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. Retention of all required records for six years after the SUBRECIPIENT has made final payments and all other pending matters are closed. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy-and Conservation Act (Pub. L. 94-163, 89 Stat. 87 1). The DEPARTMENT reserves the right to review the SUBRECIPIENT p rocurement plans -and documents, and require the SUBRECIPIENT to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.318 through 200.326/. The SUBRECIPIENT must ensure that-its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient deta il to support the costs of the project and to allow both the SUBRECIPIENT and DEPARTMENT to make a determination on eligibility of project costs. All sub-contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. DISCLOSURE The use or disclosure by any party of any information concern ing the DEPARTMENT for any purpose not directly connected with the administration of the DEPARTMENT's or the SUBRECIPIENT's responsibilities with respect to services provided under this AgreemE~nt is prohib ited except by prior written consent of the DEPARTMENT or as required to comply with the state Public Records Act, other law or court order. DISPUTES Except as otherwise provided in this Agreement, when a bona f ide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute re-solution panel to resolve the dispute . A request for a dispute resolution board shall be in writing , state the disputed issues, state the relative positions of the parties, and be sent to all parties . The panel shall consist of a representative appointed by the DEPARTMENT, a representative appoi nted by the Contractor and a third party mutually agreed upon by both parties. The panel shall , by majority vote , resolve the dispute . Each party shall bear the cost for its panel member and its attorney fees and costs, and share equally the cost of the third panel member. DUPLICATION OF BENEFITS The SUBRECIPIENT agrees that the mitigation grant funds for which federal or state assistance is requested does not, or will not, duplicate benefits or funds received for the same purpose from any other source. The SUBRECIPIENT will pursue full payment of eligible insurance benefits for properties covered in a project under this Agreement. The SUBRECIPIENT will repay any mitigation grant funds that are duplicated by other benefits, funds, or insurance proceeds. HAZARDOUS SUBSTANCES The SUBRECIPIENT shall inspect and investigate the proposed development/construction site for the presence of hazardous substances. The SUBRECIPIENT shall fully disclose to the DEPARTMENT the results of its inspection and Investi gation and -all other knowledge the SUBRECIPIENT has as to the presence of any hazardous substances at the pr oposed development/construction project site. The SUBRECIPIENT will be respo nsible for any associated clean-up costs . "Hazardous Substance" is defined in RCW 70.1050 .020 (10). LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benef it of the parties to the Agreement and gives no right to any other party. No jOint venture or partner ship is formed as a result of this Agreement. To the extent allowed by law, the SUBRECIPIENT, its successors or assigns, will protect, save and hold harmless the DEPARTMENT, the State of Washington, and the United States Government and their autho r ized agents and employees, from all cla i ms, actions, costs, damages or expenses of any nature whatsoev.er by reason of the acts or omissions of the SUBRECIPIENT, its sub-contractors, , assigns, agents , contractors, consultants, licensees. invitees , employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. 15POM Page 13 of 43 Kittitas County Oept. Of Public Works, E 17-062