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08.02.2022-07.31.2023 Amendment 1 to PSA between KC and ESD
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2023-02-07 10:00 AM - Commissioners' Agenda
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08.02.2022-07.31.2023 Amendment 1 to PSA between KC and ESD
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Last modified
2/2/2023 12:04:45 PM
Creation date
2/2/2023 12:03:31 PM
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Meeting
Date
2/7/2023
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 Amendment No. 1 to the Professional Services Agreement between the Ellensburg School District and Kittitas County
Order
5
Placement
Consent Agenda
Row ID
99173
Type
Agreement
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22.2 Notice of Potential Claims <br />The Contractor shall not be entitled to additional compensation which <br />otherwise may be payable,or to extension of time for (1)any act or failure to <br />act by the County,or (2)the happening of any event or occurrence,unless <br />the Contractor has given the County a written Notice of Potential Claim within <br />ten (10)days of the commencement of the act,failure,or event giving rise to <br />the claim,and before final payment by the County.The written Notice of <br />Potential Claim shall set forth the reasons for which the Contractor believes <br />additional compensation or extension of time is due,the nature of the cost <br />involved,and insofar as possible,the amount of the potential claim.Contractor <br />shall keep full and complete daily records of the work performed,labor and <br />material used,and all costs and additional time claimed to be additional. <br />22.3.Detailed Claim <br />The Contractor shall not be entitled to claim any such additional <br />compensation,or extension of time,unless within thirty (30)days of the <br />completion of the portion of the work from which the claim arose,and before <br />final payment by the County,the Contractor has given the County a detailed <br />written statement of each element of cost or other compensation requested <br />and of all elements of additional time required,and copies of any supporting <br />documents evidencing the amount or extension of time claimed to be due. <br />23.Ownership of Items Produced: <br />All writings,programs,data,public records or other materials prepared by the Contractor <br />and/or its consultants or sub-Contractors,in connection with performance of this Agreement <br />shall be the sole and absolute property of the County. <br />24.Confidentiality: <br />The Contractor,its employees,sub-Contractors,and their employees shall maintain the <br />confidentiality of all information provided by the County or acquired by the Contractor in <br />performance of this Agreement,except upon the prior written consent of the Kittitas County <br />Prosecuting Attorney or an order entered by a coult after having acquired jurisdiction over <br />the County.Contractor shall immediately give to the County notice of any judicial <br />proceedings seeking disclosure of such information.Contractor shall indemnify and hold <br />harmless the County,its Additional Insureds,officials,agents or employees from all loss or <br />expense,including,but not limited to settlements,judgments,setoffs,attorneys'fees and <br />costs resulting from Contractor's breach of this provision. <br />To the extent that any information obtained by the Contractor is required to be shared with <br />or provided to others by the terms of the Statement of the Work,this provision is not <br />breached by such acts. <br />25.Notice: <br />Except as set forth elsewhere in the Agreement,for all purposes under this Agreement, <br />except service of process,notice shall be given by the Contractor to the department head <br />Professional Services Agreement (rev.09/24/2018) <br />Page 12 of 20
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