DOE Agreement Between KCPHD and DOE Executed

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Statc of Washington Department of Ecology Asreemcnt No: SWMLSWIA-2021-KiCPIID-00003 Projcct Title: SWE Kiniras Co. PII Recipient Narne: KI'|TITAS COUNTY PUBLIC IIEALTH Page l5 of20 The decision of ECOLOGY from an appeal will be final and conclusive, unless within thify (30) days from thc datc of such decision, lhe RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or 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 olthe Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Errvironmental and Land Use Hearings Office. Pending final dccision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agrccmcnt and in accordancc with the decision rcndercd. Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method, in addition to thc dispute resolution procedure outlined above. 12. ENVIRONMENTALDATASTANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uscs environmental measuromcnt data. RECIPIENTS unsuro about whether a QAPP is rcquired for their project shall contact the ECOLOCY Program issuing the gant 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) officer or the Program QA coordinator instructs otherwise. ' Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Srudies, July 2004 (Ecology 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 Information Management system (EIM), unlcss thc ECOLOGYProgram instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was succcssfully loaded into EIM, find instructions at: http ://www. ecy.wa. govleim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing CIS Data are available at: https;//ecology.wa.gov/Research-Data./Data-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 thc Supcrior Court of Thurston Counfy. 14. INDEMNIFICATION ECOLOGY will in no way be held responsiblc for payment of salaries, consultant's fees, and other costs relatcd to thc projcct describcd hcrcin, except as provided in the Scope of Work. To the cxtcnt that the Constitution and laws of the State of Washington pcrmit, each party will indemnify and hold the other harmlcss from and against any liability for any or all injuries to pcrsons or property arising from the ncgligent act or omission of that parry or that pafy's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each parfy who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that parly and will not for any purpose be employees, volunteers, or agents of the other party. Templatc Version 12/ I 0/2020