Laserfiche WebLink
16.0 GENERAL PROVISIONS <br /> 16.1 Effective Date. This Agreement shall take effect on the date when all Agencies have signed the <br /> Agreement and shall remain in effect unless terminated in accordance with the provisions of Section <br /> 15.0. <br /> 16.2 Filing of Agreement. Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement <br /> shall be filed with the auditors of the counties of Snohomish, Pierce, Kitsap and King or, alternatively, <br /> listed by subject on an Agency's web site or other electronically retrievable public source. <br /> 16.3 Time of the Essence. The Agencies recognize that time is of the essence in the performance of <br /> the provisions of this Agreement. <br /> 16.4 Agencies Not Relieved of Statutory Obligation. Pursuant to RCW 39.34.030(5), this Agreement <br /> shall not relieve any Agency of any obligation or responsibility imposed upon it by law except that to the <br /> extent of actual and timely performance thereof by the Joint Board, the performance may be offered in <br /> satisfaction of the obligation or responsibility. <br /> 16.5 Nondiscrimination. The Agencies shall comply with the nondiscrimination requirements under <br /> federal and state laws, regulations and grants applicable to the ORCA System. Nondiscrimination <br /> requirements shall include, but not be limited to, contractors, consultants and other third party vendors <br /> engaged on the ORCA System. <br /> 16.6 Reservation of Rights under Previous Agreements. The Agencies reserve any rights, powers, <br /> privileges, authority, liabilities, obligations and duties set forth in or provided by any previous agreement <br /> executed by an Agency related to activities, actions and decisions precedent to the ORCA System. This <br /> Agreement shall not be construed in derogation of any such rights, powers, privileges, authority, liabilities, <br /> obligations and duties. <br /> 16.7 No Waiver. No term or provision of this Agreement shall be deemed waived and no breach <br /> excused unless such waiver or consent shall be in writing and signed by the Agency of Agencies claimed <br /> to have waived or consented. Waiver of any default of this Agreement shall not be deemed a waiver of <br /> any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be <br /> a waiver of any other or subsequent breach. Waiver of such default and waiver of such breach shall not <br /> be construed to be a modification of the terms of this Agreement unless stated to be such through written <br /> approval of all Agencies. <br /> 16.8 No Assignment. No Agency shall transfer or assign a portion or all of its responsibilities or rights <br /> under this Agreement, except with the prior authorization of the Joint Board. <br /> 16.9 Maintenance of Records; Right of Access to Records. Each Agency, when acting in its individual <br /> capacity and when acting as the Regional ORCA Operations Team (ROOT) or as a Regional Service <br /> Provider, shall establish and maintain accounts, and keep records and documents, as required by state <br /> law and grant provisions and in accordance with such policies, procedures and retention schedules as <br /> are established by the Joint Board. The ORCA Director will advise the Joint Board of what records need <br /> to be retained by individual Agencies, the ROOT and Regional Service Providers. Any accounts, records <br /> and documents related to matters under this Agreement shall be subject to inspection, review or audit by <br /> the Joint Board or any Agency. <br /> 41 <br />