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DOH CONTRACT #: CLH18249 <br /> <br />2018-2020 2021 Consolidated Contract Page 6 of 17 <br />11. Confidential Information <br />The parties agree to comply with all state and federal statutes and regulations relating to Confidential Information. DOH <br />and LHJ will limit access to the Confidential Information to the fewest number of people necessary to complete the <br />work. Everyone having access to Confidential Information covered by this Contract must agree to protect the <br />confidentiality of the information. <br /> <br />Either party to this Contract may designate certain Confidential Information as “Confidential Information/Notice <br />Requested.” The designation shall be made by clearly stamping, watermarking, or otherwise marking each page of the <br />Confidential Information. If a third party requestor seeks information that has been marked “Confidential <br />Information/Notice Requested,” notice shall be given to the marking party prior to release of the information. Such <br />notice shall be provided to the program contact no less than five (5) business days prior to the date of disclosure, to <br />allow the party objecting to disclosure to seek a protective order from the proper tribunal. <br /> <br />DOH and LHJ agree to establish, document and maintain security practices and safeguards consistent with state and <br />federal laws, regulations, standards, and guidelines to prevent unauthorized access, use, or disclosure of Confidential <br />Information in any form. In accordance with federal and state contracting requirements, DOH may monitor, audit, or <br />investigate LHJ management of Confidential Information relating to this Contract. Working together, the LHJ and <br />DOH may use any and all tools available to track Contract related Confidential Information. <br /> <br />If one of the parties becomes aware of an actual or suspected breach of confidentiality, that party will promptly notify <br />the Contract Coordinator for the other party of the facts. The parties will work within their respective organizations to <br />take any steps necessary to determine the scope of the breach and to restore reasonable security to the Confidential <br />Information. Both parties agree to mitigate any known harmful effects of a breach in confidentiality, including notifying <br />affected individuals to the extent required by law. The parties will also reasonably cooperate with law enforcement as <br />appropriate. <br /> <br />12. Ethics <br />Both parties and their officers shall comply with all ethics laws applicable to their activities under this Contract, <br />including Chapters 42.23 and 42.52 RCW. If a violation occurs and is not cured within a reasonable time after notice, <br />the other party shall have the right to terminate this Contract. This section is expressly subject to the Disputes section <br />of this Contract. <br /> <br />13. Debarment Certification <br />The LHJ, by signing this Contract, certifies that the LHJ is not presently debarred, suspended, proposed for debarment, <br />declared ineligible, or voluntarily excluded from participating in this Contract by any federal department or agency. <br />The LHJ also agrees to include the above requirement in all subcontracts into which it enters. The LHJ will notify DOH <br />of any such events that may occur during the term of the Contract. <br /> <br />14. Disputes <br />Except as otherwise provided in this contract, when a dispute arises between the parties and it cannot be resolved by <br />direct negotiation, the parties agree to participate in good faith in non-binding mediation. The mediator shall be chosen <br />by agreement of the parties. If the parties cannot agree on a mediator, the parties shall use a mediation service located <br />in Washington State that selects a qualified mediator for the parties. Each party shall bear its own costs for mediation <br />and each party shall contribute equally to the mediator’s fee, if any. The parties agree that mediation shall precede any <br />action in a judicial tribunal. <br />Nothing in this contract shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute <br />resolution method in addition to the dispute resolution procedure outlined above. <br /> <br />15. Equipment Purchases <br />Equipment purchased by the LHJ for use by the LHJ or its subcontractors during the term of this Contract using federal <br />funds, in whole or in part, shall be the property of the LHJ. The use, management and disposal of the equipment must <br />comply with federal requirements. These requirements are found in the Office of Management and Budget’s (OMB’s)