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XIII. NON -DELEGATION
<br />The services to be furnished under the terms of this Agreement shall be performed by the Director personally
<br />and shall not be delegated or subcontracted in whole or in part without express consent of the County.
<br />XIV. APPLICABLE LAWS
<br />Kittitas County policies, including but not limited to the Personnel Policies Manual, Safety Manual, Technology
<br />Policies Manual, Records Management Policy, Purchasing, Financial, and Travel Policies, including subsequent
<br />amendments shall apply to the Director unless otherwise noted in this Agreement. The Director agrees to abide
<br />by all applicable local, state, and federal laws.
<br />XV. LEGAL RELATIONS, INDEMNIFICATION, AND INSURANCE
<br />Pursuant to RCW 4.96, the County shall be liable for damages arising out of the tortuous conduct of the Director
<br />while performing or in good faith purporting to perform their official duties to the same extent as if they were a
<br />private person or corporation. Whenever a claim, action, or proceeding for damages is brought against the
<br />Director, their beneficiary or heirs arising from acts or omissions while performing or in good faith purporting to
<br />perform their official duties, they may request the Commissioners to authorize the defense of the action or
<br />proceeding at the expense of the County. Any resulting monetary judgement or settlement, including punitive
<br />damages, against the Director, their beneficiary or heirs, shall be paid on approval of the Commissioners.
<br />The County will maintain continuously for the term of this Agreement, at its own expense, general, automobile,
<br />employment liability and professional liability insurance, or self-insurance on an occurrence policy basis, for the
<br />services and activities provided by the Director. County -provided automobile liability insurance coverage shall be
<br />maintained for County -owned vehicles only.
<br />XVI. PUBLIC RECORDS ACT
<br />The Director acknowledges that the County, including its boards, commissions, and committees, is a public
<br />agency subject to the Washington Public Records Act (PRA), chapter 42.56 RCW. The Director further
<br />acknowledges that this Agreement, records relating to the Director's performance of duties, and records created,
<br />used, or retained in connection with the work of County boards, commissions, and committees —including, but
<br />not limited to, emails, text messages, calendars, and similar records —are public records subject to inspection
<br />and copying under the PRA, unless a specific statutory exemption applies.
<br />XVI I. DISPUTE RESOLUTION; VENUE; ATTORNEY'S FEES
<br />Any action or proceeding arising out of or relating to this Agreement or the Director's employment shall be
<br />brought exclusively in the Superior Court of the State of Washington, in and for Kittitas County, and shall be
<br />governed by Washington law. The parties agree that mediation, arbitration, or any other form of alternative
<br />dispute resolution is not required as a condition precedent to initiating litigation, unless expressly required by
<br />applicable law. Each party shall be responsible for its own attorney's fees and costs incurred in connection with
<br />any such action or proceeding, regardless of the outcome, except as expressly required by applicable statute.
<br />XVIII. OWNERSHIP OF DOCUMENTS
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