2021/09/01 Council Agenda Packet

C. In accordance with the laws of the state of Washington and to the extent permitted by law, if both Parties to this Agreement are negligent and jointly liable, each party will assume responsibility for its own negligent acts or omissions. 14. DISPUTES If a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms, and applicable statutes and rules, and make a determination of the dispute thereafter with the majority prevailing. 15. INSURANCE A. RECIPIENT shall maintain a Self -Insurance Program with a minimum $2,000,000.00 retention for general, auto and professional liability. B. Except where further described in this Agreement, RECIPIENT will at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable. The State will not be held responsible in any way for claims filed by the RECIPIENT or their employees for services performed under the terms of this Contract. C. RECIPIENT will provide the DOC with proof of certification of self-insurance. Such proof shall be sent to Washington State Department of Corrections, Contracts and Legal Affairs at docclacontractsCdocl.wa.gov . 16. PUBLIC BENEFIT NON-PROFIT To utilize work crew services, RECIPIENTS that are non -profits, must be public benefit non -profits, as defined by the federal Internal Revenue Service (IRS). Those that are public benefit non -profits must provide proof to DOC of official IRS designation as a (501(c) (3) Charitable Organization or a (501(c) (4) Social Welfare Organization. The RECIPIENT must provide DOC with proof of its IRS public benefit non-profit designation, by providing to the Contract Manager listed in Section 9, CONTRACT MANAGEMENT, above. 17. AMENDMENTS AND MODIFICATIONS Amendments or modifications to this Agreement shall not be binding unless agreed to in writing by the Parties hereto prior to such change or modification. Only the DOC Secretary or designee has the authority to alter, amend, modify, or waive any clause or condition of this Agreement for DOC. 18. WAIVER Waiver of any default or breach shall not be deemed a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing and signed by authorized representative of the Department. 19. SEVERABILITY The terms and conditions of this Agreement are severable. If any term or condition of this Contract is held invalid by any court, such invalidity shall not affect the validity of the other terms or conditions of this Agreement. 20. ENTIRE AGREEMENT This Agreement, including referenced Attachments, represents all the terms and conditions agreed upon by the Parties. No other understanding or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. As used herein, reference to the State of Washington K12110 Page 5 of 6 Department of Corrections 21VVC