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Resolution 2025-065 (2)
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2025-03-18 10:00 AM - Commissioners' Agenda
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Resolution 2025-065 (2)
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Last modified
3/21/2025 1:38:31 PM
Creation date
3/21/2025 1:38:24 PM
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Meeting
Date
3/18/2025
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 Resolution for the 2025 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with the Town of South Cle Elum
Order
13
Placement
Consent Agenda
Row ID
128957
Type
Resolution
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Section.4. Release. hufemnitv, and Hold Harmless. <br />The County assumes no liability for the Funding Recipient's actions under this Agreement. <br />Funding Recipient releases and shall defend, indemnify, and hold harmless the County, its <br />officers and employees, agents, representatives, attorneys and/or volunteers, from and <br />against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, <br />reasonabh attorney fees) which arise or may arise or be alleged to arise out of or by <br />reason of this Agreement including: <br />Any fault, negligence, strict liabilily or product liability of Funding Recipient in <br />connection with the Services for this Agreement; <br />Any lien asserted upon any property of the County in connection with the Services <br />for this Agreement; <br />a <br />o <br />a <br />a <br />Any failure of Funding Recipient, or of the Services, to comply with any applicable <br />law, ordinance, rute, regulation, order, license, permit and other requirement, now or <br />hereafler in effecl, of any governmentalauthority; or <br />Any breach of or default under this Agreement by Funding Recipient. <br />Sectlon 5o Compli@ce with Public Records LAw. <br />a. ln compliance with Washington's public records law, the County will retain copies of <br />any documents associated with this Agreement, which may be required by law <br />unless legally exempt from such retention, for any applicable legally required <br />retention period. <br />b. ln the event a public records request is made to the County for documents created in <br />relalion to this Agreement, should legal uncertainty arise regarding the disclosability <br />of any documents under federal or state public records laws, the County shall <br />provide notlce to Funding Recipient pursuant to Washington's public records act, <br />chapter 42-56 RCW, to allow Funding Recipient to seek a court injunction. <br />c. The County specifically shall not be liable to Funding Recipient for the County's <br />release under publlc records laws of any documents not protected by trademark, <br />copyright or olher law. <br />Section 6. lndustrial lnsurance Walv_gr, <br />With respec* to performance of this Agreement and as to any claims against the County, its <br />Additional lnsureds, officers, agents and employees, the Funding Recipient expressly waives <br />its immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act, <br />for injuries to Funding Recipient's employees and agrees that the obligations to indemnify, <br />defend and hold harmless provided in this Agreement extend to any claim brought by or on <br />behalf of any employee of the Funding Recipient. This walver is mutually negotiated by the <br />parties to this Agreement. <br />Dlstressed County Sales and llse Tax lnfrastructare lmprovement Program Fundlng AgreeffiSL <br />A
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