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State of Washington Department of Ecology <br />Agreement No: WQSWCAP-1719-Tukwil-00050 <br />Project Title: 2017-2019 Biennial Stormwater Capacity Grants <br />Recipient Name: City of Tukwila <br />e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal <br />laws protecting cultural resources and human remains. <br />4. ASSIGNMENT <br />No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. <br />5. COMMUNICATION <br />RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, <br />ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. <br />Page 12 of 19 <br />6. COMPENSATION <br />a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the <br />RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. <br />b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. <br />c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified <br />with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to <br />expenditure. <br />d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. <br />e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and <br />supporting documentation. ECOLOGY will provide instructions for submitting payment requests. <br />0 ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. <br />g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee <br />Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form <br />at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For <br />any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email <br />payeehelpdesk@watech.wa. gov. <br />h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to <br />satisfactorily comply with any term or condition of this Agreement. <br />i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion <br />thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to <br />this Agreement, as appropriate, or upon completion of an audit as specified herein. <br />j) RECIPIENT should submit final requests for compensation within thirty (30) days after the expiration date of this <br />Agreement. Failure to comply may result in delayed reimbursement. <br />7. COMPLIANCE WITH ALL LAWS <br />RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits <br />related to this Agreement, including but not limited to: <br />a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State <br />of Washington which affect wages and job safety. <br />b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against <br />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 />Version 10/30/2015 <br />13 <br />