2026-02-10-minutes-solid-waste-and-maintenance

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and against any and all claims, damages, losses and expenses, including but not limited to court costs, aftofnc-i fees and alternative dispute resolution costs, for any personal orbodily injury, sickness'disea se ordeut~h~'fordamaQetourdestructionnfanyp/operty(indu6ingthe|ussofuoenesu|bnQthensfrom)'andforanyuthedaim° `damages, losses, and expenses sustained by the County, which (1) are caused in whole orio part byany act ~^om|ssion, negligent or otherwise, of Contractor, its employees, agents or volunteers, or Contractor's their employees, agents or volunteers; or (2) are directly orindirectly arising out of, resulting from, or otherwise connected with the performance of this Agreement; or (3) are based upon Contractor's or its ' subcontractors' use of, presence upon or proximity to the property of the County. This indemnification obligation of Contractor shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of the County. This indemnification obligation of Contractor shall not be limited in any way by the Washington State Industrial Insurance Act' RCVV Tide 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and Contractor hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations mfContractor are o material inducement tmthe County hmenter into this Agreement, are reflected inContractor's compensation, and have been mutually negotiated &Vthe parties. 9.2 The County reserves the right, but not the obligation, to participate in the defense of any claim for damages, losses orexpenses, and such participation shall not constitute o waiver ofContractor's indemnity obligations contained inany section nfthis Agreement. 9.3 In the event Contractor enters into subcontracts hothe extent allowed under this each such subcontractor shall |ndemni(ythe County oo a basis equal toorexceeding Contractor's indemnity obligations tothe County. 10. Venue and Choice of Law: {nthe event that any litigation should arise concerning this Agreement, the venue for such action shall be in the Superior Court of the State of Washington in and for the County of Kittitas, This Agreement shall 6egoverned bythe laws ofthe State ufWashington. 11. |fthe County does not appropriate sufficient funding for this Agreement for any future fiscal period, the County will not be obligated to make payments for services performed after the end of the last fiscal period for which sufficient funding was appropriated. Nopenalty orexpense shall accrue to the County inthe event this provision applies. 12. Contractor represents and warrants as 12.1 Contractor isduly incorporated, validly existing and ingood standing under the laws ofthe State of Washington, and has all requisite corporate power and authority to enter into and to perform its ob|igaMon� under this Agreement. 12.2 Contractor has the authority to execute this Agreement, to make the representations and warranties set forth herein, and to perform its obligations hereunder. 12.3 This Agreement has been validly executed by an authorized representative ofContractor and constitutes a valid and legally binding and enforceable obligation of Contractor, I2/4 Contractor holds, or will obtain prior to commencing work under this Agreement, such licenses, permits and other authorizations from federal, state and local governmental authorities, or from any applicable industrial or professional certification or licensing bodies, as are necessary for the lawful performance of its obligations under this Agreement, and will maintain such throughout the term of this Agreement. KitthasCounty Agreement for Services (rev 5/I4/25) Page 9 of 20