Kittitas County VSP Contract K2213

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VSP 2021-23 Biennium Contract Between the WSCC and County - Page 9 of 19 “Two year report” shall mean the written report of the status of plans and accomplishments that shall be provided to the COUNTY and to the COMMISSION within sixty days after the end of each biennium, as described in RCW 36.70A.720 (1) (j). “Voluntary Stewardship Program” and “VSP” shall mean the program established in, and governed by, RCW 36.70A.700-760 and associated statutes. "Watershed group" means an entity designated by a county under the provisions of RCW 36.70A.715. “Work group participants” means those volunteer members of the county VSP work group designated by the COUNTY who are working to implement the work plan and fulfill ancillary VSP statutory requirements. "Work plan" means a watershed work plan developed under the provisions of RCW 36.70A.720. II. DISPUTES Except as otherwise provided in this contract, any dispute arising under this contract shall be decided in the following manner: By the Commission’s Project Officer or other designated official who shall provide a written statement of decision to the COUNTY. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date the COMMISSION receives such statement, the COUNTY mails or otherwise furnishes to the Executive Director of the COMMISSION a written appeal. An appeal of the Project Officer’s decision shall be addressed by the COMMISSION’s Executive Director. The COUNTY shall have the opportunity to meet with the Executive Director to be heard either in person or by phone and to provide documents in support of their appeal. The decision of the COMMISSION’s Executive Director for the resolution of such appeals shall be final and conclusive and constitutes a final agency action for the purposes of the Washington Administrative Procedures Act, RCW 34.05. Pending final decision of dispute hereunder, the COUNTY shall proceed diligently with the performance of this contract and in accordance with the decision rendered. III. GOVERNANCE This agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. The COUNTY and any Agent shall comply fully with all applicable federal, state and local laws, orders, regulations and permits. Any action brought to enforce the terms of this agreement shall be in the Superior Court for Thurston County. Except as otherwise provided in this agreement, in the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs.