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Contract Number:K2284 <br />RCW;or any similar statute involving Kittitas County in the procurement of or performance under this <br />Agreement.Unless stated otherwise,the signatory of this Agreement is the Director's designee. <br />In the event this Agreement is terminated as provided above,WSDA shall be entitled to pursue the <br />same remedies against Kittitas County and its agent,the Kittitas County Horticultural Pest and <br />Disease Board,as it could pursue in the event of a breach of the Agreement by Kittitas County or its <br />agent,the Kittitas County Horticultural Pest and Disease Board.The rights and remedies of WSDA <br />provided for in this clause shall not be exclusive and are in addition to any other rights and remedies <br />provided by law.The existence of facts upon which the Director of the Department of Agriculture, <br />and/or the designee authorized in writing to act on the Director's behalf,makes any determination <br />under this clause shall be an issue and may be reviewed as provided in the "Disputes"clause of this <br />Agreement. <br />SAVINGS <br />WSDA may unilaterally terminate all or part of this contract,or may reduce its plan of work and <br />budget,if there is a reduction in funds by the source of those funds,and if such funds are the basis for <br />this Agreement. <br />DISPUTES <br />In the event that a dispute arises under this Agreement,it shall be determined by a Dispute Board in <br />the following manner:Each party to this Agreement shall appoint one member to the Dispute Board. <br />The members so appointed shall jointly appoint an additional member to the Dispute Board.The <br />Dispute Board shall review the facts,agreement terms and applicable statutes and rules and make a <br />determination of the dispute.The determination of the Dispute Board shall be final and binding on the <br />parties,and judgment may be entered in Thurston County superior court pursuant to Chapter 7.04 <br />RCW. <br />LICENSING,BONDING.INDUSTRIAL INSURANCE AND OTHER INSURANCE COVERAGE <br />Kittitas County and its agent,the Kittitas County Horticultural Pest and Disease Board,shall ensure <br />that all contractors hired to perform services under this Agreement shall comply with all applicable <br />licensing and bonding requirements for the type of service to be performed,and with the provisions of <br />Title 51,Industrial Insurance.Kittitas County and its agent,the Kittitas County Horticultural Pest and <br />Disease Board,shall also ensure that all contractors provide proof of an adequate amount of <br />commercial general liability insurance coverage for the activities to be performed under any <br />subcontract. <br />GOVERNANCE <br />This Agreement is entered into pursuant to and under the authority granted by the laws of the state of <br />Washington and any applicable federal laws.The provisions of this Agreement shall be construed to <br />conform to those laws.In the event of a lawsuit involving this contract,venue shall be proper only in <br />Thurston County,Washington. <br />In the event of an inconsistency in the terms of this Agreement,or between its terms and any <br />applicable statute or rule,the inconsistency shall be resolved by giving precedence in the following <br />order: <br />a.Applicable state and federal statutes and rules; <br />b.Plan of work (Attachment A); <br />c.Budget (Attachment B);and <br />d.Any other provisions of the Agreement,including material incorporated by <br />reference. <br />Page 3 of 5