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Resolution Interlocal
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2025-01-07 10:00 AM - Commissioners' Agenda
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Resolution Interlocal
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Last modified
1/2/2025 12:28:05 PM
Creation date
1/2/2025 12:26:57 PM
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Meeting
Date
1/7/2025
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve a Resolution to Authorizing an Interlocal Agreement with the City of Cle Elum to Provide Contract Administration Services as Certified Acceptance Agency
Order
11
Placement
Consent Agenda
Row ID
125743
Type
Resolution
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8.3 GOVERNING LAW AND VENUE: This Agreement shall be governed exclusively <br />by the laws of the State of Washington. Venue of any action brought to interpret or <br />enforce the terms of this Agreement shall be in the Superior Court of Kittitas County, <br />Washington. <br />8.4 ATTORNEY' S FEES: If any legal action or other proceeding is brought for the <br />enforcement of this Agreement, or because of an alleged dispute, breach, default, or <br />misrepresentation in connection with any of the provisions of this Agreement, each <br />Party shall pay its own attorney's fees incurred in that action, arbitration or <br />proceeding. <br />ARTICLE IX <br />INDEMNIFICATION <br />Each Party shall defend, indemnify and hold harmless the other, as well as its officers, agents <br />and employees, from and against any and all claims, demands, losses and liabilities to or by <br />third parties arising from, resulting from, or connected with, services performed or to be <br />performed under this Agreement to the fullest extent permitted by law, whether arising from <br />Agreement liability(ies) or otherwise. <br />This duty to indemnify shall not apply to liability from damages arising out of bodily injury <br />to persons or damages to the property caused by, or resulting from, the sole negligence of the <br />County, the City, or their respective officers, agents, and employees. <br />This duty to indemnify for liability for damages arising out of bodily injury to persons or <br />damages to property caused by or resulting from the concurrent negligence of the County's, <br />and the City's agents or employees shall apply only to the extent of negligence of the <br />County's, and the City's agents, employees, subcontractors, and suppliers. <br />Both Parties specifically and expressly waive any immunity that may be granted under the <br />Washington State Industrial Act, Title 51 RCW. Further, the indemnification obligation <br />under this Agreement shall not be limited in any way by any limitation on the amount or type <br />of damages, compensation, benefits payable to or by any third party under Worker's <br />Compensation Acts, Disability Benefits Acts, or other employee benefit acts. <br />This duty to defend, indemnify, and hold harmless shall include all related costs, reasonable <br />attorney fees, court costs and related expenses asserted against or incurred by the County, the <br />City, or their respective officers, agents, and employees. <br />The Parties hereby certify that these indemnification provisions were mutually negotiated and <br />agreed to by the Parties. <br />ARTICLE X <br />PERFORMANCE OF AGREEMENT <br />10.1 COMPLIANCE WITH ALL LAWS: Each Party shall comply with all federal, state, <br />and local laws, rules, regulations and ordinances applicable to the performance of this <br />Kittitas County and City of Cle Elum <br />Interlocal Agreement for Certified Acceptance Services <br />
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