HomeMy WebLinkAboutAgreement for donated itemsAGREEMENT FOR DONATED ITEMS
BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY CHAMBER OF COMMERCE
This Contract, dated March 7, 2017 is made and entered into by and between KITIITAS
COUNTY ("County"), a subdivision of the State of Washington, and the Kittitas County Chamber of
Commerce ("Chamber").
WHEREAS, the purpose of this Agreement is to exchange goods and their use,
NOW THEREFORE, in consideration of the terms and conditions contained herein, or
attached and incorporated and made a part hereof, the County and the Chamber mutually agree as
follows:
Donation bv Chamber.
a. One 53-foot metal container including racks for tables and chairs and ties downs. 2. 45 six
foot banquet tables, metal legs and white plastic tops. 3. 212 metal folding chairs. The
approximate value of the donation is believed to be $5638.76.
b. The Chamber has also agreed to reimburse the County up to $250 in moving costs for the
container.
Don ation bv County.
a. Chamber can use the tables and chairs for five years for the following dates: 1. Memorial Day
2. Relay for Life Event including the small stage, one weekend in Mayor June date TBD 3.
Thursday -Sunday, last weekend in July for Jazz in the Valley 4. Chamber Rodeo Kick-off
Breakfast, Friday and Saturday two weeks prior to the Ellensburg Rodeo 5. Ellensburg Rodeo
Posse Breakfast, Sunday of Labor Day Weekend 6. Thorp Community Days, first Saturday in
October, including the small stage. 7. Up to four other mutually agreeable dates throughout
the year. Delivery and return to the Event Center will be the responsibility of the Chamber.
Release, Indemnity, and Hold Harmless.
The County and Chamber assume no liability for the each other's actions under this Agreement.
Each releases and shall defend, indemnify, and hold harmless the other, its officers and employees,
agents, representatives, attorneys and/or volunteers, from and against all claims, costs, liabilities,
damages, and expenses, (including, but not limited to, reasonable attorney fees) which arise or
may arise or be alleged to arise out of or by reason ofthis Agreement including.
Industrial Insurance Waiver.
With respect to performance of this Agreement and as to any claims against the County, its Additional
Insureds, officers, agents and employees, the Chamber expressly waives its immunity under Title 51 of
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the Revised Code of Washington, the Industrial Insurance Act, for injuries to Chamber employees and
agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend
to any claim brought by or on behalf of any employee of the Chamber. This waiver is mutually
negotiated by the parties to this Agreement.
Miscellaneous.
a. Chamber shall not (by contract, operation of law or otherwise) assign this Agreement or any
right or interest in this Agreement without the County's prior written consent.
b. This Agreement embodies the entire Agreement between the County and Chamber, and
supersedes any and all prior oral or written communications, proposals, conditions, promises,
representations, or understandings regarding the Services. No change, amendment or
modification of any provision of this Agreement shall be valid unless set forth in a written
amendment to the Agreement signed by both parties.
c. Notice for any purpose under this Agreement, except service of process, shall be given by
the Chamber to the Board of County Commissioners and the Kittitas County Auditor, 20S N
Main Street, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the
County to the Chamber shall be given to the Chamber's address provided on the signature
page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage
prepaid, certified mail, return receipt requested.
d. The section and paragraph headings of this Agreement are for reference convenience only
and are not intended to restrict, affect or be of any weight in interpreting or construing the
provisions of such sections or paragraphs.
e. This Agreement may be executed in one or more counterparts and by facsimile, each of
which will be deemed an original, but all of which together will constitute one and the same
instrument.
f. Chamber warrants to the County that the individual signing on Chamber's behalf has the
requisite power and authority to enter into and to perform Chamber's obligations under this
Agreement. Chamber further warrants to the County that Chamber has made no
misrepresentation or misleading statement in connection with this Agreement, and is not in
violation of any applicable law, ordinance, or regulation the consequence of which will or
may materially affect Chamber's ability to perform its obligations under this Agreement.
g. If any term or condition of this Agreement or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect the other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To
this end, the terms and conditions ofthis Agreement are declared severable.
h. The exclusive venue for any action brought to enforce this Agreement or any of its terms
shall be in Kittitas County, State of Washington.
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KITTITAS COUNTY
Deputy Prosecuting Attorney
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CHAMBER
Chamber of Commerce
609 N Main Street
Ellensburg, WA 98926
509-925-2002
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