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16) INSURANCE, GENERAL COVERAGE:. The DEPARTMENT and its officers, employees, and agents,
<br />while acting in good faith within the scope of their official duties, are covered by the 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 its employees, officers, and agents in the performance of their
<br />official duties in good faith under this Contract will be paid from the tort claims liability account as
<br />provided in RCW 4.92.130. COUNTY hereby notifies the DEPARTMENT that as a County Government
<br />of the State of Washington and in accordance with Washington law, COUNTY has full loss coverage for
<br />itself, its officers, employees and agents, through self insurance and/or the purchase of insurance.
<br />Upon the DEPARTMENT's request, COUNTY will provide the DEPARTMENT with details of its self
<br />insured retention, proof of its additional insurance, and all loss coverage. This program of self
<br />insurance and/or purchased insurance includes 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 party 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 any clause or
<br />condition of this contract is not effective or binding unless made 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19) LOSS OF FUNDING: In the event funding from state or federal sources is withdrawn, reduced, or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 />limited 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 Contract, nor the work to
<br />be provided under this Contract, and any claim arising thereunder, shall be assigned or delegated by
<br />either party in whole or in part, without the express prior written consent of the other party, which
<br />consent shall not be unreasonably withheld.
<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 are not
<br />limited to:
<br />a. Nondiscrimination in Employment: The COUNTY shall not discriminate against any employee or
<br />applicant for employment because of race, color, sex, sexual orientation, religion, national origin,
<br />creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory,
<br />mental, or physical handicap. This requirement does not apply, however, to a religious corporation,
<br />association, educational institution or society with respect to the employment of individuals of a
<br />particular religion to perform work connected with the carrying on by such corporation, association,
<br />educational institution or society of its activities.
<br />b. The COUNTY shall take action to ensure that employees are employed and treated during
<br />employment without discrimination because of their race, color, sex, sexual orientation, religion,
<br />national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence
<br />of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
<br />following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
<br />training, including apprenticeships and volunteers.
<br />22) RECAPTURE PROVISION: In the event the COUNTY fails to expend funds under this Contract in
<br />accordance with applicable federal, state, and local laws and/or the provisions of the contract, the
<br />DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of
<br />noncompliance. Such right of recapture shall exist for the life of the project following Contract
<br />termination. Repayment by the COUNTY of funds under this recapture provision shall occur within
<br />thirty (30) days of demand.
<br />E911 County ssa Contract Page 9 of 18 Kittitas County, E18-024
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