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Grants & Contract Agreement (4)
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11. November
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2024-11-05 10:00 AM - Commissioners' Agenda
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Grants & Contract Agreement (4)
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Last modified
11/26/2024 10:15:41 AM
Creation date
11/26/2024 10:15:30 AM
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Meeting
Date
11/5/2024
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 Professional Services Agreement between Kittitas County and Central Washington Disability Resources
Order
10
Placement
Consent Agenda
Row ID
123866
Type
Agreement
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12. Modifications:lZl Either party may request changes in the Agreement. Any and all agreed modifications shall be <br />in writing, signed by each of the parties. <br />12.2 The County may, at any time, by written notice thereof to Contractor ("Change Notice") makes <br />changes in the Work wiinin the general scope of this Agreement, including, but not limited to: (a) <br />chanles in, revisions to, substitutions for, additions to or deletions of any Work; (b) changes in <br />schedule; and (c) acceleration, deceleration or suspension of performance of any Work. <br />12.3 lf any change in the Work causes an increase or decrease on Contractor's cost of, or the time <br />required for, performance of the Work, an equitable adjustment in the compensation to Contractor <br />and in the schedule for the performance of the Work shall be made to reflect such an increase or <br />decrease. <br />12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment, <br />Contractor shall proceed in accordance with all Change Notices. Contractor must, within thirty <br />(30) days after receipt of any Change Notice that does not set forth any acceptable adjustment, <br />submit to the County a written statement setting forth any adjustment claimed. <br />12.5 lf any change results in a decrease in the Work performed, Contractor shall be entitled to <br />"orpensation <br />associated with changing the Work, such as revising design already completed, <br />revising calculations already performed, and revising documents. <br />13. Term inati for Default <br />lf the Contractor defaults by failing to p erform any of the obligations of the Agreement or becomes insolvent or <br />is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of <br />creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, postage prepaid, <br />terminate the Agreement, and at the County's option, obtain performance of the work elsewhere. lf the <br />Agreement is terminated for default, the Contractor shall not be entitled to receive any further payments under <br />the Agreement until all work ca led for has been fully performed Any extra cost or damage to the County <br />resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The <br />Contractor shall bear any extra expenses incurred by the County in completing the work, and all damage <br />sustained, or which may be sustained by the County by reason of such default. <br />lf a notice of termination for default has been issued and it is later determined for any reason that the Contractor <br />was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had <br />been issued pursuant to the Termination for Public Convenience paragraph hereof. <br />14 Termination for P ic Convenience <br />The County may terminate the Agreement in whole or in part whe <br />discretion that such termination is in the best interests of the County <br />never the County determines, in its sole <br />. Whenever the Agreement is terminated <br />in accordance with this paragraph, the Contractor shall be entitled to payment for actualwork performed at unit <br />contract prices for completed items of work. ln the event of such termination, an equitable adjustment shall be <br />made in the compensation payable to Contractor. <br />An equitable adjustment in the contract price for partially completed items of work will be made, but such <br />adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination <br />otitris Agreement by the County at any time during the term, whether for default or convenience, shall not <br />constitute a breaeh of eontract by the County.
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