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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 MODIFICATIONS: 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) COUNTY NOT EMPLOYEE OF AGENCY: 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 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 or benefit applicable to an officer or employee
<br />of the DEPARTMENT 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) DISCLOSURE: 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 />Washington and the Military DEPARTMENT, their officers, agents, employees, and assigns against any
<br />and all damages or claims from damages resulting or allegedly resulting 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 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 party for the consequences of any act 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 for 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 />E911 County ssa Contract Page 8 of 18 Kittitas County, E18-024
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