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7) COMPLIANCE WITH A PPLICAB L E STATUT ES, RULES AND DEPARTM ENT POLIC IE S: 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,
<br />executive order or policy, the DEPARTMENT may rescind, cancel, or terminate the Contract in whole or
<br />in part in its sole discretion. The COUNTY is responsible for all costs or liability arising from its failure
<br />to comply with applicable law, regulation, executive order or policy.
<br />8) CONTRACT MODIFICAT IONS: The DEPARTMENT and the COUNTY may, from time to time,
<br />request changes in services to be performed with funds subject to this contract. Any such changes that
<br />are mutually agreed upon by the DEPARTMENT and the COUNTY shall be incorporated herein by
<br />written amendment to this contract. It is mutually agreed and understood that no alteration or variation
<br />of the terms of this contract shall be valid unless made in writing and signed by the parties, and that any
<br />oral understanding or agreements not incorporated herein, unless made in writing and signed by the
<br />parties hereto , shall not be binding. It is mutually agreed and understood that the COUNTY is allowed
<br />to reallocate funds within the basic service operations category as needed.
<br />9) COUN TY NO T EMPLOYEE OF AG ENCY: The COUNTY, and/or employees , sub-contractors or
<br />agents performing under this Contract, are not employees or agents of the DEPARTMENT in any
<br />manner whatsoever. The COUNTY will not be presented as nor claim to be an officer or employee of
<br />the DEPARTME NT pr of t he State of Wa shington by reason here of, nor will the CO UNTY make any
<br />claim, demand, or application to or f or any right, privilege or ben efit applicable to an office r or employee
<br />of the DEPART MENT or of the State of Washington, including, but not limited to, Workers'
<br />Compensation coverage, unemployment insurance benefits, social security benefits, retirement
<br />membership or credit , or privilege or benefit which would accrue to a civil service employee under
<br />Chapter 41.06 RCW. It is understood that if the COUNTY is another state agency, the officers and
<br />employees are employed by the State of Washington in their own right.
<br />10) DISC L OSURE : The use or disclosure by any party of any information concerning the DEPARTMENT
<br />for any purpose not directly connected with the administration of the DEPARTMENT's or the
<br />COUNTY's responsibilities with respect to services provided under this Contract is prohibited except by
<br />prior written consent of the DEPARTMENT or as required to comply with the Public Records Act or
<br />court order .
<br />11) DISPUTES : Except as otherwise provided in this Contract, when a bona fide dispute arises between
<br />the parties and it cannot be resolved through discussion and negotiation, either party may request a
<br />dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team
<br />shall consist of a representative appOinted by the DEPARTMENT, a representative appointed by the
<br />COUNTY, and a third party mutually agreed upon by both parties. The team shall, by majority vote,
<br />resolve the dispute. The parties agree that this dispute process shall be final and there will be no
<br />appeal of the decision.
<br />12) GOVERNING LAW AND VENUE : This Contract shall be governed by the laws of the State of
<br />Washington. In the event of a lawsuit involving this Contract, venue shall be proper only in Thurston
<br />County. The COUNTY, by execution of this Contract, acknowledges the jurisdiction of the courts of
<br />Washington in this matter.
<br />13) HOLD HARMLESS: The COUNTY agrees to defend , hold harmless , and indemnify the State of
<br />Wqshington and t he Military DEPA RT M ENT , th eir offi cers, ag ents , empl oyees , and assigns against any
<br />and aU damages or claims from damages re sult ing or alleg edly resu ltin g from the COUNTY's
<br />performance or acti vities hereunder and that of an y sub-contractor hired by the COUNTY.
<br />E911 County OPS Contract Page 8 of 18 Kittitas County, E17-021
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