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<br />ATTACHMENT B
<br />GENER,AL TERMS & CONDITIONS
<br />DEFINITIONS: As used throughout this Contract the following terms shall have the meanings set forth
<br />below:
<br />a. 'DEPARTMENT" shall mean the Washington State Military DEPARTMENT (WMD), or any of the
<br />officers or other officers laMully representing that DEPARTMENT and includes the State 911
<br />Coordination Office (SECO).
<br />b. 'COUNTY" shall mean the Parties performing services under this Contract or grant. lt shall include
<br />any subcontractor retained by the COUNTY as permitted under the terms of this Contract.
<br />c. "subcontractor" shall mean one, not in the employment of the COUNTY, who is performing all or
<br />part of those services under this Contract under a separate contract with the COUNTY. The terms
<br />"subcontractor" and "subcontractors" mean subcontracto(s) in any tier.
<br />d. "PSAP" means Public Safety Answering Point as defined in WAC 1 18-66.
<br />e. "WAC" is defined and used herein to mean the Washington Administrative Code.
<br />f. "RCW" is defined and used herein to mean the Revised Code of Washington.
<br />ACCESS TO PUBLIC RECORDS:
<br />;. The Parties acknowledge that the DEPARTMENT is subject to RCW 42.56, the Public Records Act,
<br />and that records prepared, owned, used, or retained by the DEPARTMENT relating to the conduct
<br />of government or the performance of any governmental or proprietary function are available for
<br />public inspection or copying, except as exempt under RCW 42.56 or other statute which exempts or
<br />prohibits disclosure of specific information or records.
<br />b. The COUNTY shall provide access to data generated under this Contract to the DEPARTMENT
<br />and the State Auditor at no additional cost. This includes access to all information that supports the
<br />findings, conclusions, and recommendations of the COUNTY's reports, including computer models
<br />and methodology for those models.
<br />c. Access to Data - State law prohibits state agencies from entering into agreements when the
<br />contractor could charge additional costs to the agency, the Joint Legislative Audit and Review
<br />Committee, or the Office of the State Auditor for access to data generated under the Contract.
<br />Therefore, all such data will be provided at no additional expense. For the purposes of this
<br />requirement, "data" includes all information that supports the findings, conclusions, and
<br />recommendations of the contractor's reports, including computer models and methodology for those
<br />models.
<br />2)
<br />3)ADVANCE PAYM PROHIBITED No payments in advance or in anticipation of services or
<br />supplies to be provided under this Contract shall be made by the DEPARTMENT
<br />4)AMERICANS WITH DISABILITIES ACT {ADA) OF 1990. PUB tt CLA w {01-336_42 U.S.C. 12101 el
<br />seq. (also referred to as the "ADA") and its' implementing regulations at 28 CFR Part 35. The COU NTY
<br />must comply with the ADA, which provides comprehensive civil rights protection to individuals with
<br />disabilities in the areas of employment, public accommodations, state and local government services,
<br />and telecommunication,
<br />5)ATTORNEY'S FEES Except as provided in the section entitled "Recapture Provisions", in the event of
<br />litigation or other action brought to enforce the terms of this Contract or alternate dispute resolution
<br />process, each party agrees to bear its own attorney's fees and costs.
<br />COTUPUENCE WITH APPLICABLE STATUTES. RULES. AND DEPARTMENT POLICIES: ThE
<br />COUNTY shall comply with, and the DEPARTMENT is not responsible for determining compliance with,
<br />any and all applicable federal, state, and local laws, regulations, executive orders, and/or policies. This
<br />obligation includes, but is not limited to, nondiscrimination laws and/or policies; the ADA; ethics in laws
<br />and policies; Covenant Against Contingent Fees (e.9., Federal Acquisition Regulation 48 CFR Sec.
<br />52.203-5); Public Records (RCW 42.56); and safety and health regulations. ln the event of the
<br />COUNTY'S noncompliance or refusal to comply with any applicable law, regulation, executive order or
<br />policy, the DEPARTMENT may rescind, cancel, or terminate the Contract in whole or in part in its sole
<br />discretion. The COUNTY is responsible for all costs or liability arising from its failure to comply with
<br />applicable law, regulation, executive order, or policy.
<br />CONTRACT MODIFICATIONS: The Parties may, from time to time, request changes to the Contract.
<br />All mutually agreed changes shall be incorporated by written amendment. No alteration or variation of
<br />the terms of this Contract shall be valid unless made in writing and signed by the Parties, and any oral
<br />understanding or agreements shall not be binding. lt is mutually agreed and understood that the
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<br />SECO BSO Contract Page 7 of 18 KITTITAS COUNTY. E25-019
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