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State of Washington Department of Ecology <br />Agreement No: WQSWCAP-1719-Tukwil-00050 <br />Project Title: 2017-2019 Biennial Stormwater Capacity Grants <br />Recipient Name: City of Tukwila <br />Page 14 of 19 <br />• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July <br />2004 (Ecology Publication No. 04-03-030). <br />• Submit the QAPP to ECOLOGY for review and approval before the start of the work. <br />b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the <br />Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The data <br />must be successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. <br />c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected <br />and processed. Guidelines for Creating and Accessing GIS Data are available at: <br />http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENT, when requested by ECOLOGY, shall <br />provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map <br />products, and all metadata and project documentation. <br />12. GOVERNING LAW <br />This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought <br />hereunder will be in the Superior Court of Thurston County. <br />13. INDEMNIFICATION <br />ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the <br />project described herein, except as provided in the Scope of Work. <br />To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the <br />other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act <br />or omission of that party or that party's agents or employees arising out of this Agreement. <br />14. INDEPENDENT STATUS <br />The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue <br />to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of <br />the other party. <br />15. KICKBACKS <br />RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement <br />to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift <br />in return for award of a subcontract hereunder. <br />16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) <br />RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and <br />women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. <br />Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged <br />to take the following actions, when possible, in any procurement under this Agreement: <br />a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods <br />or services. <br />b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum <br />participation by qualified minority and women's businesses. <br />c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified <br />minority and women's businesses. <br />d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises <br />(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as <br />appropriate. <br />Version 10/30/2015 <br />15 <br />