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PSA Between Kittitas Co. and Tenelco, INC
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2024
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08. August
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2024-08-20 10:00 AM - Commissioners' Agenda
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PSA Between Kittitas Co. and Tenelco, INC
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Last modified
8/30/2024 2:37:50 PM
Creation date
8/30/2024 2:37:39 PM
Metadata
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Meeting
Date
8/20/2024
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
Item
Request to Approve a Professional Service Agreement with Tenelco, Inc. and Kittitas County Solid Waste for Septage Land Application
Order
2
Placement
Consent Agenda
Row ID
121365
Type
Contract
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223. Detailed Claim <br />The Contractor shall not be entitled to claim any such additional compensation, or <br />extension of time, unless within thirty (30) days of the completion of the portion of <br />the work from which the claim arose, and before final payment by the County, the <br />Contractor has given the County a detailed written statement of each element of <br />cost or other compensation requested and of all elements of additional time <br />required, and copies of any supporting documents evidencing the amount or <br />extension of time claimed to be due. <br />23. Ownership of ltems Produced: <br />Allwritings, programs, data, public records or other materials prepared by the Contractor and/or <br />its consultants or sub-Contractors, in connection with performance of this Agreement shall be the <br />sole and absolute property of the County. <br />24. Confidentialitv: <br />The Contractor, its employees, sub-Contractors, and their employees shall maintain the <br />confidentiality of all information provided by the County or acquired by the Contractor in <br />performance of this Agreement, except upon the prior written consent of the Kittitas County <br />Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the <br />County. Contractor shall immediately give to the County notice of any judicial proceedings <br />seeking disclosure of such information. Contractor shall indemnifiT and hold harmless the <br />County, its Additional lnsureds, officials, agents or employees from all loss or expense, including, <br />but not limited to settlements, judgments, setoffs, attorneys' fees and costs resulting from <br />Contractor's breach of this provision. <br />To the extent that any information obtained by the Contractor is required to be shared with or <br />provided to others by the terms of the Statement of the Work, this provision is not breached by <br />such acts. <br />25. Notice: <br />Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except <br />service of process, notice shall be given by the Contractor to the department head of the <br />department for whom services are rendered, and to the Kittitas County Commissioners, 205 W <br />5th Ave, Suite 108, Ellensburg, WA 98926. Notice to the Contractor for all purposes under this <br />Agreement shall be given to the address reflected on the signature page. Notice may be given <br />by delivery or by depositing in the U.S. Mail, first class, postage prepaid. <br />26. Severabilitv: <br />lf any term or condition of this Agreement or the application thereof to any person(s) or <br />circumstances is held invalid, such invalidity shall not affect other terms, conditions or <br />applications which can be given effect without the invalid term, condition or application. To this <br />end, the terms and conditions of this Agreement are declared severable. <br />27. Miscellaneous: <br />27.1 The County's failure or delay to insist upon strict performance of any of the <br />provisions of this Agreement or to exercise any rights or remedies under this <br />Agreement shall not be construed as a waiver or relinquishment to any extent of <br />its right to assert or rely upon any such provisions, rights or remedies in that or any <br />other instance; rather the same shall be and remain in fullforce and effect. <br />27.2 This Agreement embodies the entire Agreement between the County and <br />Contractor, and supersedes any and all prior agreements, regarding the Work. No <br />change, amendment or modification of any provisions of this Agreement shall be <br />valid unless set forth in a written instrument signed by the party to be bound <br />thereby.
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