WA State Parks and Recreation Commission 2/11/2025

MLE 325-500 – Everett PD Page 11 of 16 1. The request for a dispute hearing must: • Be in writing; • State the disputed issue(s); • State the relative positions of the parties; • State the Subrecipient’s name, address, and contract number; and • Be mailed to the Agent and the other party’s (respondent’s) contract manager within 3 working calendar days after the parties agree that they cannot resolve the dispute. 2. The respondent shall send a written answer to the requester’s statement to both the agent and the requester within 5 working calendar days. 3. The Agent shall review the written statements and reply in writing to both parties within 10 working days. The Agent may extend this period if necessary by notifying the parties. 4. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this contract shall be construed to limit the parties’ choice of a mutually acceptable ADR method in addition to the dispute resolution procedure outlined above. SECTION 19: Termination 19.1 Termination for Convenience. Either party may terminate this Agreement at any time upon thirty (30) days prior written notice to the other party. If this contract is so terminated, State Parks shall be liable only for the payment required under the terms of this contract for services rendered or goods delivered prior to the effective date of termination. 19.2 Termination Because of Inefficiency. Use of federal funds demands good stewardship. MLE will monitor the ongoing performance of the subrecipient through its reporting into the MLE Statement of Activity Reporting (SOAR) system. If in MLE’s opinion, these metrics demonstrate poor stewardship, the agreement may be terminated. If feasible, MLE may work with the Subrecipient and give the Subrecipient an opportunity to improve the metrics. 19.3 Termination Because of Non-Appropriation or Project Ineligibility. MLE may modify or terminate this Agreement at any time upon 30 days prior written notice to the Subrecipient, if: a. MLE fails to receive funding or allotments, appropriations, limitations, or other expenditure authority at levels sufficient to pay for the Project to be funded hereunder or should any state law, regulation, or guideline be modified, changed, or interpreted in such a way that the Project, or any portion of the Project, is no longer eligible for these grant funds. b. In the event insufficient funds are appropriated for the payments under this Agreement and the Subrecipient has no other lawfully available funds, then the Subrecipient may terminate this Agreement at the end of the current federal fiscal year, with no further liability to MLE. The Subrecipient shall deliver written notice to MLE of such termination no later than 30 days from the determination of the event of non-appropriation. MLE shall pay for all authorized Project costs expended up to the date of written notice of termination. 19.4 Termination for Default. MLE, at any time upon 30 days prior written notice of default to the Subrecipient, may modify or terminate this Agreement if: a. The design and implementation of the Project is not pursued with due diligence; or b. The Project is not permissible under federal, state, or local law; or c. The Subrecipient, does not abide by the nondiscrimination and affirmative action provisions of this Agreement; or d. The Subrecipient, without the prior written approval, uses the funds provided to pursue any project other than that described by this agreement; or e. During the term of this Agreement, the Subrecipient fails to perform any obligation or requirement of this Agreement. f. The Subrecipient defaults under any other agreement between the Parties. 19.5 Rights and Remedies. a. The Subrecipient shall, within 30 days of its receipt of a notice of default, reimburse MLE for all funds contributed by MLE to the Project. Further, MLE shall have any and all rights and remedies available at law or in equity.