DOE SWMCLCP-2123-KiCSW-00045 - Laserfiche WebLink

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Sbts of Wrshirgtst Doputncot of Ecolog5/ Agrcoment No: SWMCLCP-2123-KiCoSW{XX!45 Project Title: KiCoSW-00045 Litter and lllegal Dump Cleanup and Prcvention Project RccipientNamc: KITTITASCOUNTYSOLIDWASTE Pgc 17 of2il The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of zuch decision, the RECIPIENT fumishes 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 of the Directot's decision will be brought in the Superior Court of Thurston County. Review of thc Director's dccision 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 this Agreement and in accordancc 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. EIWIRONMENTAL DATA STAI{DARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmcntal measurement data. RECIPIENTS unsure about whether a QAPP is rcquired 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) ofticer or the Program QA coordinator insfucts otherwise. . Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Flans for Environmental Studies, July 20M (Ecology Publication No. O{-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 collectcd on a projcct to ECOLOGY using the Environmental Information Management system (EnU), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: h@ ://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: https://ecology.wa.gov/Research-DatalData-r€sources/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 govenred by the laws of the State of Washinglon, and the venue of any action brought hereunder will be in the Superior Court ofThurston County. 14. INDEMNIFICAf,ION ECOLOGY 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 Scopc of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemni$ and hold the other harmless from and against any liability for any or all injuries to persons or property arising ftom the negligent rct or omission of that party or that party's agents or employees arising out of thisAgreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continuc to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Temphtc Vorsion lU rcn020