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DocuSign Envelope ID: 7 267 FCFE-26F94724-BSZ7-D4603SD896FF State of \\tnshington Dcpnflllieut olEcology .{,grcenrenr No: SWIvILSWFA-2023-KiCoSW-0(}lq5 Projcct Titlc: P&l Kiuiras Co SW Rccipient Nirnre: KITTITAS COUNTY SOLID WASTE I'age 20 of 25 Tlte decision of ECOLOGY fi'om an appeal will be finaland conclusive, unless witliir thir{y (30) tlays from the dare of such decisiotr, the RECIPIENT fumishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized represerltative will be final and conclusive. The parties agree that this dispute process will precede any acfion in a judicialor quasi-judicial tr.ibunal. Appeals of the Director's decision will be brought in the Superior Court olThurstou County. Review of the Director's decision will not be taken to Environrnental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently *'ith tlte pertbnnance of this Agreement and i1 accordance with the decision rendered. Nothing in this Agreettrettt rvill be construed to lirnit the pafties' choice of another mutually acceptable lrerhocl, in acldition to the dispute resolution procedure outlined above. 12. ENVIRONMENTALDATASTANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) tbr a project that colle*s or uses enviroumenral meastlrement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the glant or loan. If a QAPP is required, the RECIpIENT shall: ' Use ECOLOGY's QAPP Ternptate/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Prograrn QA coordinator instructs othenvise. ' Follorv ECOLOGY's Guidelines for Prepaling Quality Asstrance Project Plans for Envirorurrental Studies. July 2004 (Ecology Publication No. 04-03-030). ' Submit the QAPP to ECOLOGY for revierv and approval befbre the start of the work. b) RECIPIENT shall submit environmeutal data that was collectecl on a project to ECOLOGY using the Environmental Infonnation Management systenr (EIM), unless the ECOLOGY Program instmcts otherwise. The RECIPIENT must confinn with ECOLOGY that complete and corect data was successfully loacled into EIM, fincl instructions tt: http ://www.ecy.wa. gov/ei m. c) RECIPIENT shall follorv ECOLOGY's data standards when Geographic lrrtbrmation Systenr (ClS) clata is colle*ed and processed. Guidelines for creating and Accessing GIS Data are available ar: littps:/lecology.wa.govlResearch-Data/Data-rcsources/Geographic-lntbnnation-Systeurs-GIS/Standards. RECIPIENT. when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS clara layers, imagery, related rables, rar.v data collection files, map products, and all metadata and project docunentation. 13. GOVERNING LAW This Agreernent will be governed by the laws of the State of Washington, antl the venue of any action brought hereunder rvill be in the Supcrior Court of Thurston County. 14. INDEMNIFICATION ECOLOCY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Wbrk. To the extent that the Constitution and laws of the State of Washington permit, eaclr parry will indenrnifo and hold the other harmless frotn and against any liability for any or all injuries to persons or property arising from the legligent act or omission of that party or that pafty's agents or employees arising out of this Agreeurent. I5. INDEPENDENT STATUS The ernployees, volunteers, or agents of each party who are engaged in the perforntance of this Agreement will continue to be employees, voltttrteers, or &getrts of that parfy and will not for any pulpose be employees, volunteers, or agents of the other party. Tenrplrle Version I 2rl 01302f)