ECEAP-Head Start Data Share - Snohomish County

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a. Ensure that the Contractors' directors, officers, employees, or agents (collectively "Staff') and Subcontractors use Personal Information solely for the purposes of this Contract. b. Limit access to Personal Information to Staff and Subcontractors requiring access for performance of their assigned duties. c. Notify Staff, and Subcontractors in accordance with section 18, herein, (Subcontracting) and section 7, herein. d. Ensure Personal Information is not used, released, disclosed, published, modified, transferred, sold, or otherwise made known to unauthorized persons without the prior written consent of the individual named or as provided by law. e. Ensure that Personal Information is protected from loss and from unauthorized physical or electronic access. f. Destroy all Personal Information so that it cannot be accessed by unauthorized individuals and cannot be recovered when the Personal Information is no longer used for providing services under this Contract, and retention is no longer required by section 16, herein, (Records Maintenance). g. Immediately notify DEL of any potential, suspected, attempted or actual violation of section 7, herein, including but not limited to breaches of security, compromised data, or compromised login IDs or passwords, by contacting DEL's Network Administrator, at (360) 440-4540 or via e-mail at help.clesk(a,detwa.qov. h. Any breach of section 7, herein, may at DEL's discretion, and in addition to all other rights and remedies available to DEL, result in: (1) termination of the Contract, (2) a requirement that the Contractor return to DEL all Personal Information provided to the Contractor by the State of Washington, and (3) a requirement that the Contractor destroy all Personal Information so it cannot be accessed by unauthorized individuals and cannot be recovered. 6. CONFORMANCE If any provision of this Contract violates any applicable federal or Washington statute, regulation, or rule of law, that provision is considered modified to conform to that statute, regulation, or rule of law. 7. DISPUTES In the event that 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 evaluate the facts, Agreement terms, applicable statutes and rules, and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on both parties. The cost of resolution will be borne as allocated by the Dispute Board. Contract Number: 12-1180 Printed Date: 1/13/2012 Page 6 of 9
8. ENTIRE AGREEMENT This Contract, including the referenced exhibits and attachments, represents all the terms and conditions agreed upon by the parties. No other statements or representations,.written or oral, shall be deemed a part hereof or to bind any of the parties to this Contract. 9. GOVERNING LAW This Contract shall be construed and interpreted in accordance with the laws of the State of Washington, 10. RESPONSIBILMES OF THE PARTIES Each party to this Contract hereby assumes responsibility for claims and/or damages to persons and/or property resulting from any act or omissions on the part of itself, its employees, its officers, and its agents. Neither party assumes any responsibility to the other party for the consequences of any claim, act, or omission of any person, agency, firm, or corporation not a party to this Contract. 11. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 12. LIMITATION OF AUTHORITY 12,1 Only the DEL Director or the Director's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Contract is not effective or binding unless made in writing and signed by the DEL Director or the Director's delegate by writing (delegation to be made prior to action). 12.2 Only the DSHS Secretary or the Secretary's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Contract is not effective or binding unless made in writing and signed by the DSHS Secretary or the Secretary's delegate by writing (delegation to be made prior to action). 13. ORDER OF PRECEDENCE 13.1In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 13,2Applicable state and federal statutes, and local laws, rules and regulations; 13.3Terms and conditions as contained in this basic Contract instrument but not contained in exhibit A, Contract Number: 12-1180 Printed Date: 1/13/2012 Page 7 of 9
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ECEAP-Head Start Data Share - Snohomish County

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