2024-11-25-minutes-public-works-and-cds-study-session

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injury to persons or their rights or property, violate a right of confidentiality, or use or reproduce material of any kind which constitutes an infringement of any copyright, patent, trademark or trade name. 7. Dispute Resolution. a. Except for disputes regarding decisions of Ecology on the Applicant's application(s), or any such senior application(s) which must be acted upon before the Applicant's, any dispute arising under this CRA shall be decided by the Ecology official signatory to this CRA, or other authorized official of Ecology, who shall reduce his/her decision to writing and furnish a signed copy to all Parties signatory to this CRA. The decision of the Ecology official signatory to this CRA, or other authorized official of Ecology, shall be the final and conclusive decision of Ecology unless, within thirty (30) days from the receipt of a copy of such decision, either Party signatory to this CRA submits in writing to the other Parties a notice of its intent to appeal the decision of Ecology to a dispute resolution board. In such cases, the written request to appeal to a dispute resolution board must state the disputed issue(s), state the relative positions of the Parties, and be sent to all Parties. Parties must provide a written response within seven (7) days. Once a Party requests a dispute resolution board, each Party shall designate a representative, except that Ecology may designate a number of representatives equal to the number designated by all other Parties combined. The representatives shall mutually select a third member (or an additional member for disputes involving more than two Parties). The costs of the third or additional member shall be jointly shared. The dispute resolution board shall evaluate the facts, CRA terms, applicable statutes and rules, and make a determination by majority vote. The decision of the dispute resolution board shall be final and binding on all Parties and shall be governed by Chapter 7.04A RCW. b. Review of any decision of Ecology pursuant to sub -section 7.a. above shall not be sought under Chapter 43.21B RCW. Any action or proceeding brought to enforce or to review any decision otherwise arising out of or relating to this CRA, unless excepted in sub- section 7.a. above, shall be brought in the Superior Court of Thurston County. Pending final resolution of a dispute pursuant to this sub -section (i.e., 7.b.) the Parties shall proceed with the performance of this CRA in accordance with Ecology's final decision. 8. Governing Law. This CRA shall be governed by the laws of the State of Washington. The Applicant, by signing this CRA, acknowledges the jurisdiction of the courts of the State of Washington in this matter. 9. Severabili!y. No provision of this CRA is severable from any and all other provisions of this CRA. Should any provision or provisions of this CRA be unenforceable for any reason, the Party finding itself unable to enforce said provision(s) may, at its sole discretion, declare this entire CRA to be null and void. 10. Records. Ecology shall maintain a complete record of publicly discloseable documents (i.e., correspondence, invoices, quarterly reports, work products, agreements, etc.) for the benefit of any Party interested in securing access to such record. Ecology does not waive its right to withhold documents privileged or exempt from RCW 42.56. 11. Notice. Any notice given under the provisions of this CRA by either Party to the other shall be deemed properly given upon receipt if in writing and delivered by hand or registered or certified mail addressed to the Parties. Washington State Department of Ecology Cost -Reimbursement Agreement (CRA) Page 13 of 16