2014/12/24 Council Agenda Packet

NONDISCRIMINATION In the performance of this Agreement, all parties shall comply with all federal and state nondiscrimination laws including, but not limited to Washington's Law Against Discrimination (chapter 49.60 RCW), the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101 et seq.), Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), as now or hereafter amended. AGREEMENT MANAGEMENT The work described herein shall be performed under the coordination of command level representatives of the WSP, EPD, SCSO, and KCSO, which will make up the Interagency Oversight Committee. The representatives shall provide assistance and guidance to the other party necessary for the performance of this Agreement. These representatives shall meet as necessary to discuss Interagency Bomb Squad operation and administration. HOLD HARMLESS Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees, agents, and/or authorized subcontractor(s)while performing this Agreement. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Except as otherwise provided in this Agreement, any party may terminate this Agreement upon thirty (30) days'written notification to the other parties. If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance prior to the effective date of termination. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined in the following manner: The Chief of WSP, the Chief of EPD, the Sheriff of SCSO, and the Sheriff of KCSO will each appoint one member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. ORDER OF PRECEDENCE In the event of any inconsistency in the terms of this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state statutes and regulations 2. Special Terms and Conditions contained in the Statement of Work 3. General Terms and Conditions contained in this Agreement 4. Any other provisions of the Agreement, whether incorporated by reference or otherwise Page 3 of 4 110