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State of Washington, Department of Ecology <br />IAA No. C2600194 <br />Entity Name: Kittitas County Public Health Department <br />12. INDEPENDENT CAPACITY <br />The employees or agents of each party who are engaged in the performance of this Agreement shall <br />continue to be employees or agents of that party and shall not be considered for any purpose to be <br />employees or agents of the other party. <br />13. ORDER OF PRECEDENCE <br />In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable <br />statute or rule, the inconsistency shall be resolved by giving precedence in the following order: <br />a. Applicable federal and state of Washington statutes, regulations, and rules. <br />b. Mutually agreed upon written amendments to this Agreement. <br />c. This Agreement, number C2600194. <br />d. Appendix A, Statement of Work. <br />e. Appendix B, Special Terms and Conditions. <br />f. Appendix C, Well Construction and Decommissioning Quarterly Report Form. <br />g. Any other provisions or term of this Agreement, including materials incorporated by reference or <br />otherwise incorporated. <br />14. RECORDS MAINTENANCE <br />The parties to this Agreement shall each maintain books, records, documents, and other evidence that <br />sufficiently and properly reflect all direct and indirect costs expended by either party in the performance <br />of the service(s) described herein. These materials shall be subject to inspection, review, or audit by <br />personnel of both parties, other personnel duly authorized by either party, the Office of the State <br />Auditor, and federal officials so authorized by law. All books, records, documents, and other materials <br />relevant to this Agreement must be retained for six years after expiration of this Agreement. The Office <br />of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full <br />access and the right to examine any of these materials during this period. Each party will utilize <br />reasonable security procedures and protections for all materials related to this Agreement. All materials <br />are subject to state public disclosure laws. <br />15. RESPONSIBILITIES OF THE PARTIES <br />Each party of this Agreement hereby assumes responsibility for claims and/or damages to persons <br />and/or property resulting from any act or omissions on the part of itself, its employees, its officers, and <br />its agents. Neither party will be considered the agent of the other party to this Agreement. <br />16. RIGHTS IN DATA <br />Unless otherwise provided, data which originates from this Agreement shall be "work made for hire" as <br />defined by the United States Copyright Act, Title 17 U.S.C. section 101 and shall be owned by state of <br />Washington, ECOLOGY.. Data shall include, but not be limited to, reports, documents, pamphlets, <br />advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound <br />reproductions. Ownership includes the right to copyright, patent, and register these items, and the <br />ability to transfer these rights. <br />4 <br />Version 1/5/2026 <br />