Washington Department of Fish and Game 8/15/2017

For WDFW: For the City: Sergeant Jennifer Maurstad Julie Sklare 16018 Mill Creek Boulevard Senior Environmental Specialist Mill Creek, WA 98012-1541 3200 Cedar Street Email: Jennifer.maurstad(a�dfw.wa.go Everett, WA 98201 Phone: 425-681-9607 Email: jsklare@everettwa.gov Phone: (425) 257-7208 G. GENERAL TERMS AND CONDITIONS 1. Amendments. This contract 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. 2. Assignment. The work to be provided under this contract, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 3. Confidential Information. To the extent consistent with Chapter 42.56 RCW, the Public Disclosure Act, the WDFW shall maintain the confidentiality of City's information marked confidential or proprietary. If a request is made to view City proprietary information, WDFW will notify the City of the request and of the date that the records will be released to the requestor unless City obtains a court order enjoining that disclosure. If City fails to obtain the court order enjoining disclosure, WDFW will release the requested information on the date specified. The WDFW's sole responsibility shall be limited to maintaining the above data in a secure area and to notifying the City of any requests for disclosure so long as WDFW retains City's information in WDFW's records. Failure to so label such materials shall be deemed a waiver by the City of any claim that such materials are exempt from disclosure. 4. Disputes. In the event that a dispute arises under this contract, it shall be determined by a Dispute Board in the following manner: Each party to this contract 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, contract terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. 5. Entire Agreement. This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. 6. Governing Law: This contract shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. WDFW Law Enforcement Services Contract Page 4 of 14