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<br />Confidentiality. The Contractor shall not disclose any information WSCJTC designates confidential. This contract and <br />the Contractor’s proposal, if any, become the property of the WSCJT C, subject to the Public Records Act RCW 42.56. <br /> <br />Disputes. If a dispute arises under this contract, it shall be resolved by a Dispute Board . The WSCJTC Executive <br />Director and the Contractor shall each appoint a member to the Board. The Executive Director of the WSCJTC and the <br />Contractor shall jointly appoint a third member to the Dispute Board. The Board shall evaluate the dispute and resolve <br />it. The Board’s determination shall be final and binding to all parties to this Contract. <br /> <br />Indemnity. Contractor agrees to hold harmless WSCJTC for any claim arising out of performance or failure to perform <br />the contract, without regard to actual or alleged negligence by State employees. <br /> <br />Governing Law. This Contract shall be governed by the laws of W ashington. The jurisdiction for any action hereunder <br />shall be the Superior Court for the State of Washington. The venue of any action hereunder shall be in the Superior <br />Court for Thurston County, State of Washington. <br /> <br />Independent Capacity. The parties mutually confirm that the Contractor is an independent contractor, and not an <br />employee or agent of the WSCJTC or the State of Washington. The Contractor shall not claim to be nor portray itself <br />as an employee or agent of WSCJTC or the State of Washington. <br /> <br />Rights in Data. Material created from this Contract shall be “works for hire” as defined by the U.S. Copyright Act of <br />1976 and shall be owned by WSCJTC, including but not limited to reports, documents, videos, curricular material, <br />exams or recordings. Such materials are subject to RCW 42.56, the Public Records Act; WSCJTC may disclose such <br />documents in accordance with the PRA. <br /> <br />Severability. If any provision of this Contract or any provision of any document incorporated by reference shall be held <br />invalid, such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid <br />provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this <br />Contract, and to this end the provisions of this Contract are declared to be severable. <br /> <br />SAFETY and Conduct. While on WSCJTC’s premises, the Contractor shall obey all physical, fire or other security <br />regulations communicated to the Contractor by WSCJTC. The Contractor - and its subcontractors and employees if <br />authorized above – shall, during the performance of this contract: <br /> maintain a professional appearance, grooming and hygiene, <br /> not engage in conduct which impedes effective training, and <br /> not possess or come to work under the influence of alcohol or drugs which impair safety and performance, whether <br />legal or illegal. <br /> <br />Operations. To protect the health and safety of the staff and students of the WSCJTC, contract instructors are <br />required to submit to infectious disease testing when directed to do so by the WSCJTC. Contractors must report the <br />results to WSCJTC's confidential appointee. Contract instructors agree to follow the health and safety protocols put in <br />place by the agency pre and post-test. Should contract instructors not wish to follow operational directives, they will be <br />immediately released from their contractual obligation. <br /> <br />Health and Safety. To protect the health and integrity of the organization, contract instructors understand that <br />WSCJTC maintains control over its operations and agrees to su bmit to directions and protocols put in place in order to <br />carry out its mission. Should contract instructors not wish to follow operational directives, they will be immediately <br />released from their contractual obligation. <br /> <br />Waiver. A failure by the WSCJTC to exercise its rights under this contract shall not preclude WSCJTC from <br />subsequent exercise of such rights and shall not constitute a waiver of any ri ghts under this contract unless stated to <br />be such in writing and signed by an authorized representative of WSCJTC and attached to the original contract. <br /> <br />DocuSign Envelope ID: 6F17D9D3-1D43-4654-91A7-05B3C3525E6A