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Ellensburg Licensing 1905
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12. December
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2019-12-03 10:00 AM - Commissioners' Agenda
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Ellensburg Licensing 1905
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Last modified
11/27/2019 12:04:32 PM
Creation date
11/27/2019 12:03:35 PM
Metadata
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Meeting
Date
12/3/2019
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
r
Item
Request to Acknowledge County Auditor signature on Licensing Subagent Agreement with Ellensburg Licensing, LLC.
Order
18
Placement
Consent Agenda
Row ID
58292
Type
Agreement
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21. LIMITATION OF LIABILITY <br />DOL, as a third party provider, will not be responsible for any financial and/or material loss to the <br />Agent or any Subagent for down time of business, equipment, communication lines or DOL <br />operating systems during normal operating hours. DOL may not be held liable for any errors <br />which occur in compilation of Data, nor may DOL be held liable for any delays in furnishing <br />amended Data. <br />22. INDEMNIFICATION AND HOLD HARMLESS <br />Each party is responsible for the actions and omissions of itself and its own employees and <br />officers acting within the scope of its authority, and shall hold the other party harmless against all <br />claims for damages resulting from its own acts and/or omissions, arising out of or resulting from <br />its performance of this Agreement. <br />Agent understands that it cannot hold Subagent responsible for noncompliance to the extent <br />that such noncompliance was caused by the Agent's or by DOL's failure to first perform <br />specified third party actions as stated herein. <br />23. INDEPENDENT CAPACITY <br />Each party, including its directors, executives, and employees, is a separate and independent <br />legal entity that is solely acting under its own authority. All owners, directors, and/or employees of <br />Subagent are the independent personnel of the Subagent and are not employees of the Agent. <br />24. LEGAL COMPLIANCE <br />Subagent shall comply with all applicable local, state, and federal laws rules and regulations. <br />Such compliance includes, but is not limited to, all applicable licensing requirements of the state <br />of Washington, all civil rights and non-discrimination laws, the Americans with Disabidties Act <br />(ADA) of 1990, and all federal and state employment laws, including Title VI requirements as set <br />forth on Attachment C. Failure to comply with this provision may be grounds for termination of <br />this Agreement regardless of any effect such non-compliance may have on the subject matter of <br />this Agreement. <br />25. RECORDS MAINTENANCE <br />Each party shall maintain books, records, documents, and other evidence that fully reflect all <br />transactions made by them pursuant to this Agreement. This includes records that reflect the receipt, <br />retention, and disbursement of all fees and taxes, and all costs expended in the performance of the <br />duties and services described herein. This includes, but is not limited to, all banking deposit and <br />withdrawal slips, reconciliation statements, and other documents whether in paper or electronic form. <br />Subagent shall maintain all records documents and other evidence as it relates to the receipt, usage, <br />and/or maintenance of all supplies, inventory, and equipment provided under this Agreement. <br />Subagent shall also maintain records of all other matters concerning compliance with this <br />Agreement, and as further directed by Policy and Procedure. <br />26. RECORDS DISCLOSURE — PUBLIC REQUESTS <br />Subagent may not publicly release any records or information under this agreement <br />pursuant to a public records request (Chapter 42.56 RCW). If Subagent receives a public <br />records request, Subagent will immediately forward the request to Agent and DOL within <br />County Agent/Subagent Contract: Page 15 of 28 County VLO #VO1905 <br />Version: January 2020 Agent/Subagent Agreement <br />
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