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Agreement No: W2RCPG-1517-KiCoSW-00012 Page 14 of 20 <br />Project Title: 2015-2017 CPG Kittitas County IMP <br />Recipient Name: Kittitas County Solid Waste <br />c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. <br />d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits . <br />required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project <br />timeline for the permit and approval processes. <br />ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the <br />RECIPIENT fails to comply with above requirements. <br />If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered <br />modified to conform to that statute or rule of law. <br />8. CONFLICT OF INTEREST <br />RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or <br />responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial <br />interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, <br />in. this Agreement or the proceeds thereof. <br />9. CONTRACTING FOR GOODS AND SERVICES <br />RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall <br />award all contracts for construction, purchase of goods, equipment, services, and professional architectural and <br />engineering services through a competitive process, if required by State law. RECIPIENT is required to follow <br />procurement procedures that ensure legal, fair, and open competition. <br />RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT <br />may be required to provide written certification that they have followed their standard procurement procedures and <br />applicable state law in awarding contracts under this Agreement. <br />ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement <br />practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with <br />state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. <br />10. DISPUTES <br />When there is a dispute with regard to the extent and character of the work, or any other matter related to this <br />Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal <br />decisions as provided for below: <br />a) RECIPIENT notifies the funding program of an appeal request. <br />b) Appeal request must be in writing and state the disputed issue(s). <br />c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. <br />d) ECOLOGY reviews the RECIPIENT's appeal. <br />e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the <br />review. <br />The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (3 0) days from the date of <br />such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or <br />duly authorized representative will be final and conclusive. <br />The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. <br />Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's <br />W2RCPG-1517-KiCoS W-00012 <br />