Pass Through Grant Agreement - Laserfiche WebLink

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;;[.11<' "fWa,l\lnglll .. rkpJrll1l~1ll Ill' E<:olo!1-) :\gr~~m~1Il Nil SPI'RI::Cl·~() 17·KiC<1r:~I ·':I ;06J Pr')J~<:1 TIlI~ R~<:lpi~1l1 Nul1l<: R,'gll>l1;1I'111 spIll and haz -m<11 il1~id~nl r~;(1un,.: ~nd r~stlllr<:~ J<:qllli II ill" KIIlII", COllmy Sh(rllf I f any provision of this Agreement violates any statute or rule of law of the state of W<1silington. it is considered moditkd to conform to that statute or rule ot'law. 8. CONFLICT OF [NTEREST RECIP[ENT and ECOLOGY agree that uny officer. membel', agent, or employee, who exercises any function or responsibility in the review, approval, or carrying Ollt orthis Agreement, shall not have any personal or financial interest, direct or indirect. nor affect the interest orany corporation, partnership. or <1ssociation in which helshe is a part, in this Agreement or the proceeds thereot: 9. 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 proclIl'ement process or follow current state procurement procedures. RECIPIENT may be required to provide written certitication that they have tollowed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOG Y 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. 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 tor below: a) RECIPIENT notities the funding program of an appeal request. b) Appeal request mllst be in writing and state the disputed issue(s). c) REC[PIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the REC[PIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be tinal and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOG Y a written appeal. The decision of the Director or duly authorized representative will be tlnal and conclusive. The 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 the Superior COtlit 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 ot'another mutually acceptable method, ill addition to the dispute resolution procedure outlined above, 11. ENVIRONMENTAL DATA STANDARDS a) REC[PIENT shall prepare a Quality Assurance Project Plan (QAPP) for each project that collects or uses environmentalmeaslIl'cmcnt data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOG Y Program issuing the grant or loan. [1' a QAPP is required the RECIPIENT shall: Use ECOLOGY's QAPP Template provided by the ECOLOGY Program. V~rslon 10lJO/2015 I'ag ~ 13 of 1'1