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Resolution_WSBO_Award Lightcurve
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2025-09-16 10:00 AM - Commissioners' Agenda
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Resolution_WSBO_Award Lightcurve
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9/11/2025 12:21:05 PM
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9/11/2025 12:14:02 PM
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Meeting
Date
9/16/2025
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
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Item
Request to Approve a Resolution Authorizing the Selection of Evergreen Washington Connect, LLC dba Lightcurve for Design and Build of Broadband Services Associated with Grant Funding and to Authorize the Chair to Execute a Professional Services Agreement for Said Project
Order
9
Placement
Consent Agenda
Row ID
135628
Type
Resolution
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B) For clarity, and subject to the County Network Term, the County -Funded <br />Network, inclusive of all network, equipment, and facilities required to deliver <br />services to all end users is described in the Description of County Funded <br />Network facilities in Exhibit A3, and such network, equipment, and facilities will <br />be deemed owned by the County to the extent provided in Exhibit A3. However, <br />ownership of and title to all other network, equipment, and facilities furnished by <br />Contractor in connection with the Project, including, without limitation, any <br />facilities designated as Contractor -owned on Exhibit A3 and the Contractor - <br />funded facilities (including Drop Facilities following the construction phase of the <br />County Funded Network), will remain with Contractor. <br />Except as expressly set forth in the Agreement, Contractor will have sole ownership rights to any <br />drawings, specifications, and any documents prepared by Contractor under the Agreement, <br />which shall be the property of Contractor, and Contractor shall be deemed the author of such <br />documents and retain all common law, statutory, and other rights thereto unless Contractor <br />defaults on this Agreement, in which instance Contractor shall transfer any such drawings, <br />specifications or other documents prepared by Contractor under this Agreement relating to the <br />County -Funded Network to the County within thirty (30) days of such default. Copies of "as <br />built" network designs and documents will be provided to the County and are subject to non- <br />disclosure components of the Contracts. <br />15. Claims; Extra or Changed Work. Consistent with Section 12 of the General Conditions, <br />and without invalidating the Agreement, the County may, in writing, order a "Change Order" <br />agreed upon by both parties, make additions to, deletions from, or otherwise change the Work, <br />with the Contribution amount and time for completion of the Project being equitably adjusted for <br />such changes. <br />16. Documentation. The County shall provide Contractor with all plans, drawings, surveys, <br />deeds, and other documents in the County's possession reasonably necessary to perform the <br />Work and shall notify Contractor in writing of any special criteria or other requirements related <br />to the Work that are not specified in the Agreement ("County Documentation"). The County <br />acknowledges that Contractor may rely on deeds, plats, maps, and other information filed with <br />the County or otherwise publicly available to Contractor ("Public Information") and that <br />Contractor may rely on Public Information in rendering the Work. Contractor shall not be <br />responsible for errors or omissions or additional costs or expenses arising out of its reliance on <br />County Documentation or Public Information. <br />Professional Services Agreement <br />Page 18 of 35 <br />
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