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7) C OMPLIANC E WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICI ES: The
<br />COUNTY shall comply with, and the DEPARTMENT is not respons ible 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 Acqu isition 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 Con tract in whole or
<br />in part in its sole discretion . The COUNTY is responsible for all costs or liability arising from its f a ilure
<br />to comply with applicable law, regulation , executive order or policy.
<br />8) C ONTRACT MODI FICATIONS: The DEPARTMENT and the COUNTY may. from time to time ,
<br />request changes In seNices 10 be performed with 'funds subject to this contract Any such changes ~hat
<br />are mutually agreed upon by the DEPARTMEN T and the C OUNTY shall be incorporated herein by
<br />writte n amendme nt to this contract. It is mutually agreed and understood that no alteration or variation
<br />of the terms of thi s contract shall be va lid unless made in writing and s igned by the parties, and that any
<br />oral u nderstanding or agreements not incorporated he rein , unless made in writing and signed by the
<br />parties hereto; shall not be bind ing . It is mut'ually agreed and unders tood that the COU NTY is allowed
<br />to reallocate f unds within Capita l Equipmeht categ o ry, the contra cto r is allowed to reallocate up to 10% of
<br />approved and unspent ,Capital Equipment funds to other budg et categories Within the Capital Equipme nt
<br />category. Cumulative changes to Capital Equipment budget categories that exceed 10% of the Contra ct
<br />a mount will not be valid unless made in writing an d signed by the parties hereto, and that any oral
<br />u nderstanding or agreements not incorp'orated herei n , unless made in w riting and signed by the parties
<br />hereto, shall, not b~ bind i ng.
<br />9) C O UN TY NOT E MPLOYEE O F AGENCY : T he COUNTY, and/or employees, sub-contractors ' or
<br />agenfs performing under this Contract, are not employees or agents of the DEPARTMENT in any
<br />manher whatsoever. The COUNTY will not be presented as nor claim to be an officer or emp loyee of
<br />the DEPARTMENT or of the State of Washington by reason hereof, nor.will the COUNTY make any
<br />claim, demand, or application to or for any right, privilege orbenefit applicable to an offi cer or employee
<br />of the DEPARTMENT or of t he State of Washingto n , including , but not limited to , Workers '
<br />Compensatio n covera ge, u ne mployment insurance benefits. social security benefits, retirement
<br />me.mbership or c red it, or privilege or benef it which wo uld accrue to a civil service employee under
<br />Chapter 41.06 RCW. It is understood that if the COUNTY is anot her state agency, the officers and
<br />employees are employed by the State of Washington in thei r own right.
<br />10) D ISCLOS URE: The use or disclosure by any party of any i nformation conce rning th e DEPARTMENT
<br />for any purpose not directly connected with the admin istration of the DEPARTMENT's or the
<br />COU NTY's responsibilities with respect to services pro vi ded under this Contract is prohibited except by
<br />prior w ritten consent of the DEPARTMENT or as req ui red to comply with the Publi c Records Act or
<br />court order.
<br />11) DIS PUTES : Except as otherwise provided in this Contract, when a bona fide dispute arises between
<br />th-e parties and it can n ot be resolved through discussi o n and negotiation, either party may request a
<br />dispute hearing . The parties shall serect a dispute res o lution team to resolve the dispute. The te;:!m
<br />shall cons ist of a representati ve appointed by the DEPART M ENT, a representative qppointed by th e
<br />COUNTY, and a th ird party mutually agreed upon by both parties . The team shall, by majority vo"te ,
<br />resolve the dispute, The parties agree that this dispute process sha ll be final and there .wm be no
<br />appeal of the decision.
<br />12) G OVERN ING LAW AND V E N UE : This Contract sha ll be governed by the laws of the State of
<br />W as hington. In the event of a lawsuit in volving this Contract, venue ,sha ll be prope r onl y In Thurston
<br />County. The COUNTY, by execution of this Con t ract , acknowledges the jurisdictio n of the courts' of
<br />Washington in this matter.
<br />E911 County EQUIPMENT Contract Page 8 of 16 Kittitas County, E16-216
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