R2026-005 - Laserfiche WebLink

Home Browse Search

to this agreement, prohibit the Contractor from subcontracting with a particular person or entity, or require the contractor to rescind or amend a subcontract. Every subcontract shall bind the subcontractor to follow all applicable terms of this agreement. The contractor is responsible to the county if the subcontractor fails to comply with any applicable term or condition of this agreement. The Contractor shall appropriately monitor the activities of the subcontractor to assure fiscal conditions of this agreement. ln no event shall the existence of a subcontract operate to release or reduce the liability of the contractor to the county for any breach in the performance of the Subcontractor's duties. Every subcontract shall include a term that County is not liable for claims or damages arising from a Su bcontracto r's performa nce of the su bco ntract' 6. Right to Review; Maintenance of Records: This Agreement is subject to review by any Federal or state auditor. the cornty or its designee shall have the right to review and monitor the financial and service components of the work performed under this Agreement by whatever means are deemed expedient by the county. such review may occur with or without notice, and may include, without limitation, on-site inspection, inspection of all records or other materials which the county deems pertinent, and any and all communications with or evaluation by service recipients under this Agreement. contractor shall preserve and maintain all records relating to this Agreement for six (5) years after termination or expiration of the Agreement, and upon request shall make them available for review by any Federal or state auditor, the county, and/or any persons authorized by the CountY. 7. Modification 7.1,. This Agreement may be amended by mutual agreement of the parties' Any such amendment shall be in writing and signed by both parties. 7.2 The County may unilaterally amend this Agreement at any time by written notice ("Change Notice,,) to contractor, to modify the work to be performed under this Agreement, within the general scope of the Agreement. Such changes may include, but are not limited to, changes in the exact scope of work to be performed (including modification, substitution, addition, or deletion of required tasks) and changes to the schedule of performance. lf any such change Notice causes an increase or decrease to contractor's cost of, or the time required for, performance of the *ork, ,n equitable adjustment in the compensation to Contractor and/or in the schedule for the performance of the work shall be made by the county to reflect such an increase or decrease. Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment, contractor shall proceed in accordance with all change Notices. within thirty (30) days after receipt of any change Notice which, in Contractor's opinion, lacks an adequate adjustment, Contractor must submit to the County a written statement requesting a modified adjustmenu otherwise, Contractor will forfeit its right to any such modified adjustment. The County retains the final right to determine adjustments hereunder' 8. Termination g.1 This Agreement may be terminated at any time by mutual written agreement of the parties' g.2 The County, by giving written notice, may terminate this Agreement at any time without cause and without further obligation to contractor except for payment due for deliverables provided and/or services performed prior to the effective date of termination. An equitable adjustment in the contracted price for partially completed tasks will be made by the county, but such adjustment shall not include compensation for loss of anticipated profit on uncompleted work. g.3 lf Contractor defaults by failing to perform any of its obligations under this Agreement, or becomes insolvent, is declared bankrupt or commits any act of bankruptcy or insolvency, or makes an assignment for the benefit of creditors, the county may, by written notice to contractor, terminate the Agreement, and at Kittitas County Agreement for Services (rev' 5/M/25l' Page 10 of 23