DOH-KCPHD JPR Regulation of Water Systems in KC Final

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AGREEMENT MANAGEMENT The program manager for each of the parties shall be responsible for and shall be the contact person for all communications regarding the performance of this Agreement. Either party may change its contact person by giving written notice to the other party. The Contact Person for DOH is: Danielle J Russell Office of Drinking Water 16201 E Indiana Suite 1500 Spokane Valley WA 99216 (509) 329-2136 AGREEMENT ALTERATIONS AND AMENDMENTS The Contact Person for KCPHD is Holly Duncan Kittitas County Public Health Department 507 N Nanum Street Ellensburg WA 98926 (509) 962-7515 This Agreement may be amended by mutual agreement of the parties. Amendment to the Agreement may be required as a result of statutory and regulatory changes, including, but not limited to, amendments to the Group B Rules (Chapter 246-291 WAC). Amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. DISPUTES In the event that a dispute arises under this Agreement, it shall be resolved at the lowest possible management level. If resolution is not achieved, it shall be determined in the following manner: The Director of the Office of Drinking Water at DOH shall meet with the Director of the KCPHD at the local health jurisdiction to try and resolve the dispute. Failing a resolution at the management level, the Secretary of DOH shall appoint a member to a Dispute Resolution Board and the local health jurisdiction administrator shall appoint a member to the Dispute Resolution Board. The Secretary of DOH and the local health jurisdiction administrator shall jointly appoint a member to the Dispute Resolution Board. The Dispute Resolution Board shall evaluate and resolve the dispute. The determination of the Dispute Resolution Board shall be final and binding on the parties hereto. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws and local laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. applicable state and federal laws and regulations; b. applicable local laws, c. statement of work; and d. any other provisions of the Agreement, including materials incorporated by reference. HOLD HARMLESS The KCPHD shall defend, protect and hold harmless the state of Washington, the department, or any employees thereof, from and against all claims, suits or action arising from any intentional or negligent act or omission of KCPHD or subcontractors, or agents of either, while performing under the terms of this Agreement. Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice. DOH shall defend, protect and hold harmless KCPHD, or any employees thereof, from and against all claims, suits or action arising from any intentional or negligent act or omission of the DOH or subcontractors, or agents of either, while performing under the terms of this Agreement. Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, DOH Contract N19411 Page 3