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Agreement No: W2RCPG-1517-EverPW-00022 Page 13 of 19 <br /> Project Title: 2015-17 CPG City of Everett WR&R <br /> Recipient Name: City of Everett Public Works Department <br /> b) RECIPIENT agrees to be bound by all federal and state laws,regulations,and policies against discrimination. <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(30)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 /> W 2RCPG-1517-EverPW-00022 <br />