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S[a[~ of Washlllgh>ll D~p.lnl11~1\1 "I' En11"g~ <br />Agr"~1l1~1ll Nll SI'I'I{EG·2017·Kll\IE:>'I·I)III)6.l <br />Pr'1J~C( Titl~ <br />R~dpi~1It Nalll~ <br />R~gl"nalllil spill and hilZ'IIIJ[ incld~l1t r"sptlI1S~ ,1I1d resource' Jrqlllsilllll1 <br />1\.1I1uas CllUI\I~ Sh~rl[r <br />Follow ECOLOGY's Guidelines tor Prcpnring Quality Assurance Project Plans for Environmental Studies, July <br />2004 (Ecology Publication No. 04-03-030). <br />Submit the QAPP to ECOLOGY lor review and approval belore the start of the work. <br />b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the <br />Environmental Information Management system (ElM), unless the ECOLOGY Program instructs otherwise. The data <br />must be sllccessfully loaded into ElM, lind instructions at: http://www,ecy.wa.gov/eim. <br />c) REC[PlENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collect<!d <br />and processed. Guiddines tor Creating and Accessing GIS Data are available at: <br />http://www.ecy.wa.gov/servkes/gis/dnta/standards/standards.htm. RECIP[ENT, when requested by ECOLOGY, shall <br />provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection tiles, Illap <br />products, and all metadata and project documentation. <br />12. GOVERNING LA W <br />This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought <br />hereunder wiII be in the Superior Court of Thurston County. <br />13. INDEMN!FICA TlON <br />ECOLOGY will in no way be held responsible for payment of salaries, consultant's tees, and other costs related to the <br />project described herein, except as provided in the Scope of Work. <br />To the extent that the Constitution and laws of the State of Washington permit, each party will indemni ty and hold the <br />other harmless fi'ol11 and against any liability tor any or all injuries to persons or property arising t1'0111 the negligent act <br />01' omission of that party or that party's agents or employees arising out 0 f this Agreement. <br />14. fNDEPENDENT STATUS <br />The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue <br />to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of <br />the other party. <br />15. K[CKBACKS <br />RECIPIENT is prohibited tl'om inducing by any means any person employed or otherwise involved in this Agreement <br />to give up any part of the compensation to which he/she is otherwise entitled to or receive any lee, commission, or gift <br />in return lor award of a subcontract hereunder, <br />16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) <br />REC [PIENT is encouraged to solicit and recruit. to the extent possible, certitied minority-owned (MBE) and <br />women-owned (WBE) businesses in purchases and contracts initiated under this Agreement. <br />Contract awards or rejectiuns cannot be made based on MWBE patticipation; huwever, the RECIPIENT is encouraged <br />to take the following actions, when possible, in any procurement under this Agreement: <br />a) Include qualilil!d minority and women's businesses on solicitation lists whenever they are potential SOlU'CCS ofgoods <br />or services. <br />b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum <br />participation by qualitied minority and women's businesses. <br />c) Establish delivery schedules, whl!re work requirements permit, which will encourage participation ofqllalitied <br />minority and women's businesses. <br />d) Use the services and assistance ofthl! Washington State Oftice of Minority and Women's Business Enterprises <br />(OMWBE) (866-208-1064) and the Oftice of Minority Business Enterprises of the U.S. Department of Commerce, as <br />appropriate. <br />Version 10/)011015