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provided in RCW 4.92.130. COUNry 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 />15)LEGAL R TIONS: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, contractors, or subcontractors. Neither party assumes any
<br />responsibility to the other party for the consequences of any act or omission of any third party.
<br />16) LIABILITY: To the extent permitted by applicable law, each party to this Contract shall be responsible
<br />for injury or death to persons and damage to property resulting from negligence on the part of itself, its
<br />employees, agents, officers, contractors, 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 />17) LIMITATION OF AUTHORITY: Only the assigned Authorized Signature for the DEPARTMENT or an
<br />assigned delegate by writing (delegation to be made prior to action) shall have the express, implied, or
<br />apparent authority to alter, amend, modify, or waive any clause or condition of this Contract.
<br />Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this
<br />Contract is not effective or binding unless made in writing and signed by the authorized person.
<br />18) LOSS OF FUNDING: ln the event funding from state or federal sources is withdrawn, reduced, or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 or renegotiate the Contract without cause under the "Termination" clause and without the
<br />thirty (30) day notice requirement.
<br />19) NONASSIGNABILITY: 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 />20) NONDISCRIMINATION: During the performance of this Contract, the COUNry 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, creed, color, national origin, citizenship or immigration
<br />status, families with children, sex, marital status, sexual orientation, age, honorably discharged
<br />veteran or military status, or the presence of any sensory, mental, or physical disability or the use of
<br />a trained dog guide or service animal by a person with a disability. This requirement does not apply,
<br />however, to a religious corporation, association, educational institution, or society with respect to
<br />the employment of individuals of a particular religion to perform work connected with the carrying on
<br />by such corporation, association, 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, creed, color, national origin, citizenship or
<br />immigration status, families with children, sex, marital status, sexual orientation, age, honorably
<br />discharged veteran or military status, or the presence of any sensory, mental, or physical disability
<br />or the use of a trained dog guide or service animal by a person with a disability. Such action shall
<br />include, but not be limited to, the following: Employment, upgrading, demotion, or transfer,
<br />recruitment, or recruitment selection for training, including apprenticeships and volunteers.
<br />21)RECAPTURE PROVISION: ln 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 thirty
<br />(30) days of demand.
<br />SECO County EQUIPMENT Contract Page 9 of 16 KITTITAS COUNTY, E22-304
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