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Resolution_WSBO_Award Lightcurve
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2025-09-16 10:00 AM - Commissioners' Agenda
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Resolution_WSBO_Award Lightcurve
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Last modified
9/11/2025 12:21:05 PM
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9/11/2025 12:14:02 PM
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Meeting
Date
9/16/2025
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
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Item
Request to Approve a Resolution Authorizing the Selection of Evergreen Washington Connect, LLC dba Lightcurve for Design and Build of Broadband Services Associated with Grant Funding and to Authorize the Chair to Execute a Professional Services Agreement for Said Project
Order
9
Placement
Consent Agenda
Row ID
135628
Type
Resolution
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23. Disputes: <br />23.1 General: <br />Differences between the Contractor and the County, arising under and by virtue <br />of the Agreement documents shall be brought to the attention of the County at <br />the earliest possible time in order that such matters may be settled, or other <br />appropriate action promptly taken. Except for such objections as are made of <br />record in the manner hereinafter specified and within the time limits stated, the <br />records, orders, instructions, and decisions of the Kittitas County Commissioners <br />shall be final and conclusive. <br />23.2 Notice of Potential Claims: <br />The Contractor shall not be entitled to additional compensation which otherwise <br />may be payable, or to extension of time for (1) any act or failure to act by the <br />County, or (2) the happening of any event or occurrence, unless the Contractor <br />has given the County a written Notice of Potential Claim within ten (10) days of <br />the commencement of the act, failure, or event giving rise to the claim, and <br />before final payment by the County. The written Notice of Potential Claim shall <br />set forth the reasons for which the Contractor believes additional compensation <br />or extension of time is due, the nature of the cost involved, and insofar as <br />possible, the amount of the potential claim. Contractor shall keep full and <br />complete daily records of the work performed, labor and material used, and all <br />costs and additional time claimed to be additional. <br />23.3 Detailed Claim: <br />The Contractor shall not be entitled to claim any such additional compensation, <br />or extension of time, unless within thirty (30) days of the completion of the <br />portion of the work from which the claim arose, and before final payment by the <br />County, the Contractor has given the County a detailed written statement of each <br />element of cost or other compensation requested and of all elements of additional <br />time required, and copies of any supporting documents evidencing the amount or <br />extension of time claimed to be due. <br />24. 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 <br />Agreement shall be the sole and absolute property of the Contractor unless otherwise set <br />forth in Exhibit A, Section 14. <br />25. 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 <br />County Prosecuting Attorney or an order entered by a court after having acquired <br />jurisdiction over the County. Contractor shall immediately give to the County notice of <br />any judicial proceedings seeking disclosure of such information. Contractor shall <br />Professional Services Agreement <br />Page 10 of 35 <br />
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