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<br />COUNTY is allowed to reallocate funds within the coordinator professional development and basic
<br />service operations categories as needed.
<br />COUNTY'S EMPLOYEES NOT EMPLOYEES OF DEPARTMENT: The COUNTY, and/or employees,
<br />sub -contractors, or agents performing under this Contract, are not employees or agents of the
<br />DEPARTMENT in any manner whatsoever. The COUNTY will not be presented as nor claim to be an
<br />officer or employee of the DEPARTMENT or of the State of Washington for any reason, nor will the
<br />COUNTY make any claim, demand, or application to or for any right, privilege or benefit applicable to
<br />an officer or employee of the DEPARTMENT or of the State of Washington, including, but not limited to,
<br />Workers' Compensation coverage, unemployment insurance benefits, social security benefits,
<br />retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
<br />under RCW 41.06. 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 />DISCLOSURE: The use or disclosure by any Party of any information concerning the DEPARTMENT,
<br />or its ESINet provider, for any purpose not directly connected with the administration of the
<br />DEPARTMENT's or the COUNTY's responsibilities with respect to services provided under this
<br />Contract is prohibited except by prior written consent of the DEPARTMENT or as required to comply
<br />with RCW 42.56, the Public Records Act, or a court order. Disclosure of any information concerning the
<br />ESINet is controlled by the Non -Disclosure Agreement between the Parties.
<br />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 />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 />HOLD HARMLESS: The COUNTY agrees to defend, hold harmless, and indemnify the State of
<br />Washington and the DEPARTMENT, their officers, agents, employees, and assigns against any and all
<br />damages or claims from damages resulting or allegedly resulting from the COUNTY's performance or
<br />activities hereunder, including the performance of any subcontractor(s).
<br />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 />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 Government of the
<br />State of Washington and in accordance with Washington law, COUNTY has full loss coverage for itself,
<br />its officers, employees, and agents, through self-insurance and/or the purchase of insurance. Upon the
<br />DEPARTMENT's request, COUNTY will provide the DEPARTMENT with details of its self -insured
<br />retention, proof of its additional insurance, and all loss coverage. This program of self-insurance and/or
<br />purchased insurance includes general liability, automobile liability, workers compensation and
<br />employers' liability.
<br />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, or subcontractors. Neither party assumes any responsibility to the other
<br />party for the consequences of any act or omission of any third party.
<br />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 />SECO BSO Contract Page 8 of 18 KITTITAS COUNTY, E25-019
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