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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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7.4 <br />7.5 <br />7.6 <br />All amounts paid by PaintCare to the Service Provider are subject to audit by PaintCare. <br />The Service Provider shall submit all Activity Report for Reimbursement forms and <br />invoices, if applicable, together to PaintCare by the method directed by PaintCare and/or <br />at the address specified below. <br />To: PaintCare Washington LLC <br />Attn: Accounting <br />E-mail: paintcare@bill.com <br />Address: 901 New York Avenue NW, Suite 300W <br />Washington, DC 20001 <br />Provided that the Service Provider has supplied the required information and othenruise <br />performed its obligations under this Agreem6nt, PaintCare shall pay such invoice within <br />forty-five (45) days of the date that PaintCare receives the invoice. ln the event <br />PaintCare has a good-faith objection to an invoice, PaintCare shall pay the undisputed <br />amount pursuant to the terms of this Agreement and notify in writing the Service Provider <br />of said objections and describe in reasonable detail the basis for the objections. The <br />Dispute Resolution provisions in Article 16 ("Dispute Resolution")will be used to resolve <br />such disputed portion of an invoice. During any such dispute, the Service Provider shall <br />continue with its responsibilities under this Agreement and shall not stop providing the <br />Services and PaintCare shall make all payments due to the Service Provider over which <br />there is no good-faith dispute. <br />PaintCare's payment of all or a part of an invoice neither relieves the Service Provider <br />of any of its obligations under this Agreement nor constitutes a waiver of any claims by <br />PaintCare. Likewise, the Service Provider's acceptance of all or part of a payment <br />neither relieves PaintCare of any of its obligations under this Agreement nor constitutes <br />a waiver of any claims by the Service Provider. <br />The Service Providerwarrants that, to the best of its knowledge, alldocuments including <br />invoices, billings, back-up information for invoices, and reports submitted by the Service <br />Provider to PaintCare to support amounts invoiced in connection with the Services truly <br />reflect the facts about the activities and transactions to which they pertain. The Service <br />Providerwarrants that PaintCare may rely upon allsuch documents and the data therein <br />as being complete and accurate. The Service Provider shall promptly notify PaintCare <br />upon discovering any errbrs or discrepancies in any documents that the Service <br />Provider provided to PaintCare under this Agreement. <br />ARTICLE 8 - AUDIT AND INSPECTION RIGHTS <br />PaintCare and its representatives may (a) monitor and verify that the Service Provider <br />has complied with this Agreement and the applicable Law; and (b) consult with the <br />Service Provider about such compliance; provided, however, that PaintCare shall not, <br />and affirmatively disclaims any ability to, control, supervise, or manage (i) the employees <br />of the Service Provider, (ii) the activities undertaken by the Service Provider in the <br />performance of this Agreement, and (iii) the means by which the Service Provider meets <br />all requirements, including applicable Law. <br />7.7 <br />7.8 <br />8.1 <br />9
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