HomeMy WebLinkAbout5247 ORDINANCE NO. 5247
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE
DEPARTMENT OF ECOLOGY FOR THE REMOVAL OF UNDERGROUND
STORAGE TANKS BY THE CITY.
WHEREAS, the City Council of the City of Auburn must adopt and
approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to Chapter 35A.33 RCW, the City Council hereby
approves expenditure and appropriation of a grant from the Department of
Ecology which will be used for the removal of underground storage tanks (UST),
in the amount of $114,585 in 50% reimbursement for costs incurred. A copy of
the offer (UST Removal Grant No. G9900213)is attached hereto as Exhibit "A"
and is incorporated herein by reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3. This Ordinance shall take effect and be in force five (5) days
from and after its passage, approval and publication, as provided by law.
INTRODUCED: June 7, 1999
PASSED: June 7, 1999
APPROVED: June 7, 1999
CHARLES A. BOOTH
MAYOR
ATTEST:
City Clerk
APPROVED AS TO FORM:
Michae~s,
City Attorney
PUBLISHED: ~//I /~ ~
Grant No. G9900213
UST Removal Agreement with
City of Auburn
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
CITY OF AUBURN
This is a binding agreement entered into by and between the state of Washington
Department of Ecology, hereinaf~er referred to as the DEPARTMENT, and the City of
Auburn, hereinaf~er referred to as the RECIPIENT, to carry out the activities described
herein.
RECIPIENT ADDRESS 25 West Main St.
Auburn, WA 98001-4998
RECIPIENT REPRESENTATIVE Diane Supler
Finance Director
RECIPIENT TELEPHONE NUMBER (253) 93 1-3010
RECIPIENT PROJECT COORDINATOR Chris Thorn
DEPARTMENT PROJECT OFFICER Steve Lof~ness - (360) 407-6060
DEPARTMENT FAX (360) 407-7157
DEPARTMENT TECHNICAL STAFF John Bails - (425) 649-7094
FUNDING SOURCE Local Toxics Control Account
MAXIMUM ELIGIBLE COST $229,168
STATE GRANT SHARE $114,584
LOCAL SHARE $114,584
STATE MAXIMUM GRANT PERCENT 50%
FEDERAL TAX IDENTIFICATION NO. 91-6001228
The effective date of this grant is October 1, 1997. Any work performed prior to the
effective date of this agreement without prior written authorization and specified in the
Scope of Work will be at the sole expense and risk of the RECIPIENT.
This agreement shall expire no later than September 30, 1999.
Exhibit "A", Ordinance No. 5247
Grant No. G9900213
UST Removal Agreement with
City of Auburn
PROJECT DESCRIPTION
This project included the removal of tanks at the following locations:
Airport 400 23rd St. NE (2) 8,000 gallon tanks
Storm Lift Station 4502 A St. NE 500 gallon diesel tank
Academy Pump Station 2004 Auburn Way SE 1,000 gallon diesel tank
Fire Department 1101 D St. NE (2)i,000 & (1)500 gal.tanks
Golf Course 29630 Green River Dr. SE (1)1,000,(1)500,(I)300
Coal Creek Pump Station 2108 Howard Road SE 1,000 gallon diesel tank
Lea Hill Pump Station 10406 Lea Hill Road SE 1,000 gallon diesel tank
Mountain View Cemetery 2020 Mountain View (2) 550 gallon tanks
City Hall 25 West Main 10,000 gallon diesel tank
SCOPE OF WORK
The task(s) set forth below summarize the REC[PIENT's activities, budget(s), and
schedule(s).
1. PROJECT TASK: CONSULTANT TASKS
Maximum Eligible Cost: $106,554
· Schedule: October 1, 1997 to February 28, 1999
Project Description:
a. Prepare plans and specifications for tank removals.
b. Prepare sampling plans and health and safety plans for project.
c. Conduct construction oversight.
d. Conduct environmental sampling and reporting.
2. PROJECT TASK: CITY STAFF WORK
Maximum Eligible Cost: $3,932
Schedule: October 1, 1997 to September 30, 1999
Project Description:
a. Oversee consultants and contractors.
b. Provide documentation to the DEPARTMENT.
2
Grant No. G9900213
UST Removal Agreement with
City of Auburn
3. PROJECT TASK: TANK REMOVAL
Maximum Eligible Cost: $84,908
Schedule: October 1, 1997 to November 31, 1998
Project Description:
a. Excavate and remove fiReen(15) tanks at eight (8) separate locations.
b. Dispose of tanks and associated piping.
4. PROJECT TASK: CONTAMINATED SOl'l~ REMOVAL
Maximum Eligible Cost: $33,774
Schedule: October 1, 1997 to November 31, 1998
Project Description:
a. Separate contaminated soil from backfill material.
b. Dispose of contaminated soil in approved location.
BUDGET
Project Task M/tximum Eligible Cost
1. Consultant Tasks $106; 554
'2. City Staff Work 3,932
3. Tank Removal 84,908.
4. Contaminated Soil Removal 33.774
TOTAL $229,168
FUND SOURCE
Total Eligible Project Cost $229,168
Fund Fund Share (%) ' Mn'~;imUm .Fund Amo'u,at
Local Toxics 50% $114,584
Control Account
'.M'atch~Requirement ..... '.:' ".: M~'tch Sh'"'re (o/.)'.'.~."".'' '.. '.'. ":.": '. !~atch AmoUnt ?.'.""...
Cash Match 50% $114,584
Grant No. G9900213
UST Removal Agreement with
City of Auburn
ADDITIONAL BUDGET CONDITIONS
1. Overhead is eligible; the RECIPIENT may charge 25 percent of the
RECIPIENT salaries and benefits applied directly to the project as
overhead·
2. The fiscal office will monitor expenditures at the task level. A letter
amendment is required to redistribute costs among tasks. A formal
amendment is required to increase state funding.
3. The maximum allowable amount from LTCA is $114,584. Cash match
will pay all remaining costs·
SPECIAL TERMS AND CONDITIONS
A. MINORITY AND WOMEN'S BUSINESS PARTICIPATION
The RECIPIENT agrees to solicit and recruit, to the maximum e~ent possible,
'certified minority-owned (MBE) and women-owned (WBE) businesses in
purchases and contracts initiated after the effective date of this Agreement.
In the absence of more stringent goals established by the RECIPIENT's
· jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT'S goals for
minority- and women-owned business participation in all bid packages, request
for proposals, and purchase orders. These goals are expressed as a percentage of
the total dollars available for the purchase or contract and are as follows:
Construction/Public Works 10% MBE 6%WBE
Architecture/Engineering 10% MBE 6%WBE
Purchased Goods - 8% MBE 4%WBE
Purchased Services 10°4 MBE 4%IN'B E
Professional Services 10% MBE 4%WBE
Meeting these goals is voluntary and no contract award or rejection shall be made
based on achievement or non-achievement of the goals. Achievement of the goals
is encouraged, however, and the RECIPIENT and ALL prospective bidders or
persons submitting qualifications shall take the following affirmative steps in any
procurement initiated after the effective date of this Agreement:
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's businesses are solicited
whenever they are potential sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller
tasks or quantities, to permit maximum participation by qualified minority
and women's businesses.
4
Grant No. (39900213
UST Removal Agreement with
City of Aubum
4. Establish delivery schedules, where work requirements permit, which will
encourage participation of qualified minority and womcn's businesses.
5. Use the services and assistance of the State Offce of Minority and
Women's Business Enterprises (OMWBE) and the Office of Minority
Business Enterpri.,ies of the U.S. Department of Commerce, as appropriate.
By signing this Agreement, the RECIPIENT certifies that the above steps were, or
will be followed. Any contractor engaged by the RECIPIENT under this
agreement shall be required to follow the above five affirmative steps in the
award of any subcontract(s).
The RECIPIENT shall report to the DEPARTMENT at the time of submitting
each invoice, on forms provided by the DEPARTMENT, payments made to
qualified firms. The report will address:
1. Name and state OMWBE certification number of any qualified firm
receiving funds under the voucher, including any sub-and/or sub-
-subcontractors.
2. The total dollar amount paid to qualified firms under this invoice
B. USE OF EXISTING CONTRACTS
The RECIPIENT may use existing contracts that conform to adopted procurement
procedures and applicable state laws. The RECIPIENT shall notify the
DEPARTMENT if it used contracts entered into prior to the execution of the
grant agreement for performance of grant funded activities.
C. ALL WRITINGS CONTAINED HEREIN
This agreement, the appended "General Terms and Conditions," and the
DEPARTMENT's Administrative Requirements for Ecolo.~,y Grants and Loans,.
WDOE 95-701, contain the entire understanding between the parties, and there
are no other understandings or representations except as those set forth or
incorporated by reference herein. No subsequent modification(s) or
amendment(s) of this grant agreement shall be of any force or effect unless in
writing, signed by authorized representatives of the RECIPIENT and
DEPARTMENT and made part of this agreement; EXCEPT a letter of
amendment will suffice to redistribute the budget without increasing the total
eligible project cost or to change the DEPARTMENT's Project Officer or the
· RECIPIENT's Project Coordinator or to extend the period of performance as set
forth in the Grant Agreement.
Grant No. G9900213
UST Removal Agreement with
City of Auburn
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON CITY OF AUBURN'
DEPARTMENT OF ECOLOGY Diane Supler
Cullen Stephenson Finance Director
Program Manager
Solid Waste and Financial Assistance
TE SIGNATURE DATE
1/'7
Title Approved as to form only by Assistant Attorney General
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Depaxtment of Ecology
A. RECIPIF~NT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENTs employees. The RECIPIENT shall not assign or subcontract performance to others unless
specifically authorized in writing by the DEPARTMENT.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the teuxis and conditions of
this agreement.
C. TI:IIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with
full fights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering services
shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of
all bids received and contracts awarded, for inspection and use by the DEPARTMENT.
E. ASSIGNMENTS
No fight or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and
penxxits required by authorities having jurisdiction over the project, provide assurance to the
DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State
laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affnTnati~,ely
support the program of the Office of Minority and Women's Business Enterprises to the maximum
extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of grantf loan funds
available to women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and
policies of the United States and the State of Washington which affect wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial
insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall
have the right to immediately terminate this agreement for cause as provided in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in
this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee,
commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this agreement.
Such records shall clearly indicate total receipts and expenditures by fund source and task or object.
All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work accomplished under
this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly
authorized audit representative of the State of Washington for a period of at least three years after the
final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify
discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make
adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made available to the
DEPARTMENT and to any authorized state, federal or local representative for inspection at any time
during the course of this agreement and for at least three years following grant/loan termination or
dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments
& Non Profit Organizations) or OMB Circular ~-110 (Uniform Administrative Requirements for
Grants & Agreemen~ with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations) if the RECIPIENT receives federal funds in excess of $300,000. The RECIPIENT
must forward a copy of the state auditor's audit along with the RECIPIENT response and the final
corrective action plan as approved by the SAO to the DEPARTMENT within ninety (90) days of the
date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall subrn~.'t progress reports to the DEPARTMENT with each payment request or such
other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the
DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet
project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken
or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be
withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be due within twenty (20) days following
the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall be made on a reimbursable basis at least quarterly and no
more often than once per month. Each request for payment will be submitted by the RECIPIENT on
State voucher request forms provided by the DEPARTMENT along with documentation of the
expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in
the Scope of Work when completed by the RECIPIENT and certified as satisfactory by the Project
Officer.
The payment request form and supportive documents must itemize all allowable costs by major
elements as described in the Scope of Work. Insumctions for submitting the payment requests are
found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the
DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment
requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon
designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer
assigned to administer this agreement.
2. Budget deviation. Deviations in budget amounts are not allowed without written amendment(s) to this
agreement. Payment requests will be disallowed when the RECIPIENT's request for reimbursement
exceeds the State maximum share amount for that element, as described in the Scope of Work.
3. Period of Compensation. Payments shall only be made for action of the RECIPIENT pursuant to the
grant/loan agreement and performed after the effective date and prior to the expiration date of this
agreement, unless those dates are specifically modified in writing as provided herein.
4. Final Recluest(s) for Payment. The RECIPIENT must submit final requests for compensation within
forty-five(45) days after the expiration date of this agreement and within fi_~een (15) days after the end
of a fiscal biennium. Failure to comply may result in delayed reimbursement..
5. Performance Guarantee. The DEPARTMENT may withhold an mount not to exceed ten percent
(10%) of each reimbursement payment as security for the RECIPIENTs performance and a financial
bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s)
described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion,
such payment is reasonable and approved according to this agreement and, as appropriate, upon
completion of an audit as specified under section J.6., herein.
6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final audit by the
DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to
the DEPARTMENT by the RECIPIENT.
7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other
public entities, it shall not exceed the amount allowed under state law.
8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the
Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory
performance by the RECIPIENT of all of its obligations under this agreement. In the event the
RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation
required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder
and/or terminate this agreement by giving written notice of terrnination.
A written notice of termination shall be given at least five working days prior to the effective date of
termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps,
models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement,
at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be
entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for
damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of
agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff
until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is
determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the
availability of state and federal funds through legislative appropriation and state allotment. When this
agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the
appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall
be good cause to teminate this agreement as provided in paragraph K.1 above.
When this agreement crosses the RECIPIENTs fiscal year, the obligation of the RECIPIENT to
continue or complete the project described herein shall be contingent upon appropriation of funds by
the RECIPIENT's governing body; Provided, however, that nothing contained herein shall preclude the
DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance
with Section O herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project
funded herein within four months after the effective date of this agreement, or by any date mutually
agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate
this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. waiver of a breach of any '
provision of this agreement is not a waiver of any subsequent breach and will not be construed as a
modification of the terms of this agreement unless stated as such in writing by t_he authorized representative
of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any
patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains
a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the
material(s) or property and to authorize others to use the same for federal, state or local government
purposes.
Where federal funding is involved, the federal government may have a proprietary interest in patent
rights to any inventions that developed by the RECIPIENT as provided in 35 U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish
information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs,
brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENTs current edition of "Administrative Requirements for
Ecology Grants and Loans", Part IV, shall control the use and disposition of all real and personal
property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of
state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with
respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal
property directly to the RECIPIENT for use in performance of the project, it shall be returned to the
DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen oi
damaged while in the RECIPIENTs possession, the DEPARTMENT shall be reimbursed in cash or by
setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement
includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish
that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each
parcel prior to disbursement Of funds provided by this agreement. Such evidence may include
title insurance policies, Torrens certificates, or abstracts, and attomey's opinions establishing
that the land is free from any impediment, lien, or claim which would impair the uses
contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT
shall not at any time convert any equipment, property or facility acquired or developed pursuant to this
agreement to uses other than those for which assistance was originally approved without prior written
approval of the DEPARTMENT. Such approval may be conditioned upon payment to the
DEPARTMENT of that portion of the proceeds of the sale, lease or other conversidn or encumbrance
which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction
costs of such property.
N. RECYCLED/RECYCLABLE PAPER
All documents and materials published under this agreement shall be produced on recycled paper containing
the highest level of post consumer and recycled content that is available. At a minimum, paper with. 10
percent post consumer content and 50 percent recycled content shall be used. Whenever possible, all
materials shall be published on paper that is unbleached or has not been treated with chlorine gas and/or
hypochlorite.
As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of
glossy or colored paper and other items which reduce the recyclabflity of the doemont.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The fight of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon
satisfactory performance of this agreement including the satisfactory completion of the project described in
the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it
by this agreement, the RECIPIENT may, at the DEPARTMENTs sole discretion, be required to repay to the
DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are
rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12%) per annum from the time the DEPARTMENT
demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient
funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to
the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the
DEPARTMENT, may become the DEPARTMENT'S property and the KECIPIENTS liability to repay
monies shall be reduced by an mount reflecting the fair value of such propeTty.
P. PROJECT APPROVAL
The extent and character' of all work and services to be performed under this agreement by the RECIPIENT
shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other
designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute
with regard to the extent and character of the work to be done, the determination of the Project Officer or
other designated official as to the extent and character of the work to be done shall govem. The RECIPIENT
shall have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute conceming a question of fact arising under this
agreement which is not disposed of in writing shall be decided by the Project Officer or other designated
official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project
Officer or other designated official shall be final and conclusive unless, within thirty days from the date of
receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to
be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized
representative for the determination of such appeals shall be final and conclusive. Appeals from the
Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision
of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline
Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with
the performance of this agreement and in accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any function or
responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision
which affects his/her personal interest or the interest of any corporation, partnership or association in which
he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or
indirect, in this agreement or the proceeds thereof.
S. INDEMN~ICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and
other costs related to the project described herein, except as provided in the Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shall
indemnify and hold the other harmless from and against any liability for any or all injuries to persons
or properly arising from the negligent act or omission of that party or that party's agents or employees
arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
ff any provision of this agreement or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this agreement Which can be given effect
without the invalid provision, and to this end the provisions of this agreement are declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this agre~nent, unless otherwise provided herein, the inconsistency shall be
resolved by giving precedence in the following order: (a) applicable Federal and State statutes and
regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by
reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General
Terms and Conditions.
SS-010 Rev. 9/98