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State ofWashinglon Department of Ecology AgreementNo: SWMLSWFA-2021-KiCoSW4$12 Project Title: IMP Kittitas SW RecipientName: KITTITASCOUNTYSOLIDWASTEDEPARTMENT Page 19 of24 The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT fumishes to the Director of ECOLOGY a written appeal. The decision of the Directoror duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of thisAgreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12, ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a QualityAssurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: . use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) offrcer or the Program QA coordinator instructs otherwise. . Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, luly 2004 @cology Publication No. 04-03-030). . Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Infomration Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT rnust confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find insfructions at: http://www.ecy.wa. gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating andAccessing GIS Data are available at: htps://ecology.wa.gov/Research-DatalData-resources/Geographic-Information-Systems-GlS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court ofThurston County. 14. INDEMMFICATION ECOLOGY will in no way be held responsible for palmrent of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope ofWork. To the extent that the Constitution and laws of the State ofWashington permit, each party will indemniff 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. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the perforrrance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Versio n 12 I I 0 12020