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Paint Stewardship Agreement
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03. March
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2021-03-16 10:00 AM - Commissioners' Agenda
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Paint Stewardship Agreement
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Last modified
4/15/2021 2:02:11 PM
Creation date
4/15/2021 2:01:49 PM
Metadata
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Meeting
Date
3/16/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
d
Item
Request to Approve a Washington Architectural Paint Stewardship Program MRW Drop-Off Site Operation Agreement Between PaintCare Washington LLC and Kittitas County
Order
4
Placement
Consent Agenda
Row ID
73736
Type
Agreement
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1.18 <br />1.19 <br />1.20 <br />1.21 <br />Agreement. PaintCare will communicate in writing any changes to the types of materials <br />that are eligible to be collected as Program Products. <br />"Services" mean all services for which Service Provider is responsible, as described in <br />this Agreement and in the Attachments hereto. <br />"State" means the State of Washington. <br />"Temporary Collection Events" mean an event hosted and/or operated by the Service <br />Provider to Collect PaintCare Products at locations within the State. <br />"Written" or "ln Writing" (whether or not capitalized) means in a written communication <br />in hardcopy or electronic form, including e-mail. <br />ARTICLE 2 - TERM OF AGREEMENT <br />2.1 This Agreement will commence upon the later of (i) the Effective Date, and (ii) the date <br />on which the Program launches in the State. Unless terminated under Article 11 <br />("Termination of Agreement"), the Agreement will remain in full force and effect for a <br />period of two (2) years (such two-year period, the "lnitialTerm"). <br />2.2 Option Years. lmmediately after the expiration of the lnitial Term, this Agreement will <br />automatically renew for additional successive one (1) year terms, unless either party <br />notifies the other in writing at least sixty (60) days in advance of the renewal term <br />commencement date that the Agreement will not be renewed. <br />2.3 lf either party provides notice that the Agreement will not be renewed, unless otherwise <br />instructed by PaintCare, the Service Provider, before the end of the term of the <br />Agreement, shall assemble all Collection Bins supplied by PaintCare whether or not full, <br />qnd shall make them available for pick up by a Hauler at one of the Drop-Off Sites. ln <br />the event of any expiration of this Agreement, Service Provider shall cooperate with <br />PaintCare in good faith to bring about an orderly cessation of the Services or the orderly <br />transition of the Services to a successor. <br />ARTICLE 3 - GENERAL OBLIGATIONS OF THE SERVICE PROVIDER <br />3.1 ln consideration of PaintCare's payments, if any, to the Service Provider for the <br />Services, and for activities undertaken at the expense of PaintCare, the Service Provider <br />shall perform the Services provided for in Attachment A ("Scope of Work") in conformity <br />with the Program Guidelines (except to the extent the Program Guidelines conflict with <br />the terms of this Agreement or any applicable Law). <br />3.2 Either party may amend Attachment C ("Drop-Off Site lnformation") to add or delete <br />sites subject to the other party's prior written approval for each such addition/deletion. <br />3.3 Service Provider's Temporary Collection Events will automatically be added under this <br />Agreement on an ongoing basis with the following conditions and exclusions: <br />a. Service Provider must provide PaintCare with at least ten (10) days' advance <br />written notice of when each Temporary Collection Event is to take place. lf <br />Service Provider fails to provide at least ten (10) days' advance written notice of <br />a Temporary Collection Event as required hereunder, the Temporary Collection <br />Event will not be added unless expressly approved by PaintCare in writing. <br />4
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