|
13) HOLD HARMLESS: The COUNTY agrees to defend, hold harmless, and indemn ify the State of
<br />Washington and the Military DEPARTMENT, their officers , agents, employees , and assigns agaInst any
<br />and all damages or claims from damages resultI ng or allegedly re~ulting from the COUNTY's
<br />performance or activities hereunder and that.of any sub~contractor hired by the COUNTY.
<br />14) INDEMNIFICATION: To the extent permitted by applicable law, each party to th is' contract shall be
<br />respoRs lble for Injury or death to persons and damage to property resulting from negligence on the 'part
<br />of itself, its employees, agents, officers, or subcontractors . Neither party assumes any responsibility to
<br />the other party for the consequences of any a-ot or omission of any third party.
<br />15) INSURANCE, INDUSTRiAL COVERAGE: Prior to performing work under this contract , the COUNTY
<br />shall provide industrial insurance coverage for the COUNTY's employees, as may be required by Title
<br />51 RCW. The DEPARTMENT will not be responsible f or payment of industrial insurance premiums or
<br />for any 'other claim or benefit for a consultant or any subcontractor or employee of the COUNTY, which
<br />may arise during the performance of services under thIS contract. Before the start of any work required
<br />by this Contract, the COUNTY shall deliver to the DEPARTMENT certificates of insurance reflecting
<br />that the COUNTY has obtained all the insurance coverage required by this section .
<br />16) INSURANCE,. GENERAL COVERAGE: The DEPARTMENT and its officers , employees , and agent s,
<br />while acting in good faith within the scope of 'their official duties , are covered by t he State of
<br />Washington Self-Insurance Program and the Tort Claims Act (RCW 4.92.060 et seq .), and successful
<br />claims against the DEPARTMENT and ;.ts employees , officers, and agents in the performance of their
<br />official duties in good faith under thrs Contract will be paid from the tort claims liability account as
<br />provided in ROW 4 .92.130. COUNTY hereby notifies the DEPARTMENT that as a County Government
<br />of the St ate of' Washington and i n accordance with Wash i ngton law, COUNTY has full loss coverage for
<br />itself, Its officers , employees and agents , through self insurance andlor the purchase of insurance .
<br />Upon the DEPARTMENT's request, COUNTY will provide the DEPARTMENT with details of ifs self
<br />insured retention , proof of its additional insurance, and all loss coverage . This program of self
<br />insurance and/or purchased insu rance Ihcludes general liability, automobile liability, workers
<br />compensation and employers' liability.
<br />17) LEGAL RELATIONS: To the extent permitted by applicable law, each party to this contract shall be
<br />responsible for injury or death to persons and damage to property resulting from negligence on the part
<br />of itself, its employees , agents, officers , or subcontractors. Neither party assumes any responsibility to
<br />the other part,y for the consequences of any act or omission of any third party.
<br />18) LIMITATION OF AUTHORITY: "Authorized Signature" Only the assigned Authorized Signature for the
<br />DEPARTMENT or the assigned delegate by writing (delegation to be made prior to action) shall have
<br />the express, implied, or apparent authority to alter, amend, modify. or waive any clause or condition of
<br />this contract. Furthermore , any alteration, amendment, modification , or waiver of arw clause or
<br />cond ition of this contract is not effective or binding unless mad e in writing and signed by the authorized
<br />person.
<br />19) LOSS OF FUNDING: In the event funding from state or federal sources is withdrawn , reduced , or
<br />limit ed in any way after the effective date of the Contract, the DEPARTMENT may suspend or
<br />terminate the Contract without cause under the "Termination" clause and without the thirty (30) day
<br />notice requirement.
<br />20) NONASSIGNABILlTY: Neither this Contract, nor any claim arising under this Con tract ; nor the werk to
<br />be provided under this Contract, and any cla im arising thereunder, shall be aSSigned or delegated by
<br />either party in whole or in part, without the express prior written c.onsent of the other party , which
<br />consent shall not be unreasonably withhel.d .
<br />21) NONDISCRIMINATION: During the performance of this contract, the COUNTY shall comply with all
<br />federal and state nondiscrimination statutes and regulations. These requirements include, but ate not
<br />limited to :
<br />E911 County EQUIPMENT Contract Page 9 of 16 Kittitas County, E16~216
|