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PSA Between KCPHD and HopeSource Cold Weather Shelter (2)
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2024-11-19 10:00 AM - Commissioners' Agenda
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PSA Between KCPHD and HopeSource Cold Weather Shelter (2)
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Last modified
12/3/2024 3:31:33 PM
Creation date
12/3/2024 3:30:27 PM
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Meeting
Date
11/19/2024
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 HopeSource for the 2024/2025 Temporary Cold Weather Shelter
Order
2
Placement
Consent Agenda
Row ID
124307
Type
Contract
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1 3. Termination for Defautt: <br />lf the contractor defautts by faiting to perform any of the obti$ations of the Agreement or <br />becomes insotvent or is dectared bankrupt or commits any act of bankruptcy or insotvency or <br />makes an assignment for the benefit of creditors, the County may, by depositingwritten <br />notice to the Contractor in the U.S. mait, postage prepaid, terminate the Agreement, and at <br />the County's option, obtain performance of the work etsewhere. lf the Agreement is <br />terminated for defautt, the Contractor shatt not be entitted to receive anyfurther payments <br />under the Agreement untiI atl work called for has been fuLty performed. Any extra cost or <br />damage to the County resuttingfrom such defaul.t(s) shatt be deducted from any money due <br />or coming due to the Contractor. The Contractor shat[ bear any extra expenses incurred by <br />the County in comptetingthe work, and atl damage sustained, or which may be sustained by <br />the County by reason of such defautt. <br />lf a notice of termination for defautt has been issued and it is later determined for any reason <br />that the contractor was not in defautt, the rights and obtigations of the parties shatt be the <br />same as if the notice of termination had been issued pursuant to the Termination for Pubtic <br />Convenience paragraph hereof. <br />14. Termination for Public Convenience: <br />The County may terminate the Agreement in whole or in part whenever the County <br />determines, in its sote discretion that such termination is in the best interests of the County. <br />Whenever the Agreement is terminated in accordance with this paragraph, the Contractor <br />shatt be entitted to payment for actuaI work performed at unit contract prices for completed <br />items of work. ln the event of such termination, an equitabte adjustment shatl be made in the <br />compensation payable to Contractor. <br />An equitabte adjustment in the contract price for partiatty compteted items of work witt be <br />made, but such adjustment shatt not include provision for loss of anticipated profit on <br />deteted or uncompteted work. Termination of this Agreement by the County at any time <br />during the term, whether for defautt or convenience, shal[ not constitute a breach of contract <br />bythe County. <br />15. Defense & lndemnity Agreement: <br />The Contractor agrees to and shat[ defend, indemnify and hotd harmtess the County, its <br />Additionat lnsured's, appointed and etective officers, agents and emptoyees, from and <br />against alt loss or expense, inctuding but not timited to judgments, settlements, attorney's <br />fees and costs by reason of any and att claims and demands upon the County, its Additionat <br />lnsured's, its etected or appointed officiats, agents, or emptoyees for damages because of <br />personalorbodityinjury, inctudingdeath atanytime resuttingtherefrom, sustained byany <br />person or persons and on account of damage to property inctuding loss of use thereof, <br />whether such injury to persons or damage to property is due to the negtigence of the <br />Contractor, its sub-Contractors, its etected officers, employees or their agents, except onty <br />such injury or damage as shatl have been occasioned by the sote negl.igence of the County, its <br />Additionat lnsured's, appointed or etected officiats, agents, or emptoyees. lt is further
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