Laserfiche WebLink
<br /> <br />E911 County BSO Contract Page 7 of 18 Kittitas County, E18-024 <br /> <br />ATTACHMENT B <br />GENERAL TERMS & CONDITIONS <br /> <br />1) DEFINITIONS: As used throughout this contract the following terms shall have the meanings set forth <br /> below: <br />a. “DEPARTMENT” shall mean the Washington State Military DEPARTMENT (WMD), or any of the <br />officers or other officers lawfully representing that DEPARTMENT. <br />b. “COUNTY” shall mean the named county performing services under this contract or grant. It shall <br />include any subcontractor retained by the COUNTY as permitted under the terms of this contract. <br />c. “Subcontractor” shall mean one, not in the employment of the COUNTY, who is performing all or <br />part of those services under this contract under a separate contract with the COUNTY. The terms <br />“subcontractor” and “subcontractors” mean subcontractor(s) in any tier. <br />d. “PSAP” means Public Safety Answering Point as defined in WAC 118-66. <br />e. "WAC" is defined and used herein to mean the Washington Administrative Code. <br />f. "RCW" is defined and used herein to mean the Revised Code of Washington. <br />2) ACCESS TO PUBLIC RECORDS: <br />a. The parties acknowledge that the DEPARTMENT is subject to the Public Records Act, Chapter <br />42.56 RCW, and that records prepared, owned, used or retained by the DEPARTMENT relating to <br />the conduct of government or the performance of any governmental or proprietary function are <br />available for public inspection or copying, except as exempt under RCW 42.56 or other statute <br />which exempts or prohibits disclosure of specific information or records. <br />b. The COUNTY shall provide access to data generated under this Contract to the DEPARTMENT <br />and the State Auditor at no additional cost. This includes access to all information that supports the <br />findings, conclusions, and recommendations of the COUNTY’s reports, including computer models <br />and methodology for those models. <br />c. Access to Data - State law prohibits state agencies from entering into agreements when the <br />contractor could charge additional costs to the agency, the Joint Legislative Audit and Review <br />Committee, or the Office of the State Auditor for access to data generated under the Contract, thus <br />all such data will be provided at no additional expense. For the purposes of this requirement, “data” <br />includes all information that supports the findings, conclusions and recommendations of the <br />contractor’s reports, including computer models and methodology for those models. <br />3) ADVANCE PAYMENTS PROHIBITED: No payments in advance or in anticipation of services or <br />supplies to be provided under this Contract shall be made by the DEPARTMENT. <br />4) AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 et <br />seq. (also referred to as the "ADA") and its’ implementing regulations at 28 CFR Part 35. The <br />COUNTY must comply with the ADA, which provides comprehensive civil rights protection to individuals <br />with disabilities in the areas of employment, public accommodations, state and local government <br />services, and telecommunication. <br />5) ATTORNEY’S FEES: Except as provided in the section entitled “Recapture Provisions”, in the event of <br />litigation or other action brought to enforce the terms of this Contract or alternate dispute resolution <br />process, each party agrees to bear its own attorney’s fees and costs. <br />6) CHANGES AND MODIFICATIONS: The DEPARTMENT and the COUNTY may, from time to time, <br />request changes to the Contract. Any such changes that are mutually agreed upon by the parties to <br />this Contract shall be incorporated herein by written amendment. It is mutually agreed and understood <br />that no alteration or variation of the terms of this Contract shall be valid unless made in writing and <br />signed by the parties hereto, and that any oral understanding or agreements shall not be binding. <br />7) COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES: The <br />COUNTY shall comply with, and the DEPARTMENT is not responsible for determining compliance with, <br />any and all applicable federal, state, and local laws, regulations, executive orders, and/or policies. This <br />obligation includes, but is not limited to, nondiscrimination laws and/or policies; the ADA; Ethics in <br />Public Service (RCW 42.52); Covenant Against Contingent Fees (e.g., Federal Acquisition Regulation <br />48 CFR Sec. 52.203-5); Public Disclosure (RCW 42.56); and safety and health regulations. In the <br />event of the COUNTY’s noncompliance or refusal to comply with any applicable law, regulation,