Shannon Affholter Squared 10/3/2021

SECTION 7 CLAIMS AND APPEALS;DISPUTE RESOLUTION 7.1 Claims and Appeals The Contractor shall address claims for additional time or compensation under the Contract in writing to the Buyer and Project Manager within ten(io)Days of the date in which the Contractor knows or should know of the basis for the claim.Claims shall be accompanied by supporting documentation and citation to applicable provisions in the Contract documents.The District reserves the right to request additional documentation necessary to adequately review the claim. No claim by the Contractor shall be allowed if asserted after final payment under this Contract.The Buyer and Project Manager shall ordinarily respond to the Contractor in writing with a decision issued jointly,but absent such written response,the claim shall be deemed denied upon the tenth(loth) Day following receipt by the Buyer and Project Manager of the claim,or requested additional documentation,whichever is later. In the event the Contractor disagrees with the determination of the Buyer and Project Manager,the Contractor shall,within five(5)Days of the date of such determination,appeal the determination in writing to the Executive Director of Finance and Business Services.Such written notice of appeal shall include all information necessary to substantiate the appeal.The.Executive Director of Finance and Business Services shall review the appeal and make a determination in writing,which shall be final. Appeal to the Executive Director of Finance and Business Services on claims for additional time or compensation shall be a condition precedent to litigation. At all times,the Contractor shall proceed diligently with the performance of the Contract and in accordance with the direction of the Buyer or Project Manager. Failure to comply precisely with the time deadlines under this Section 8.1 as to any claim and appeal shall operate as a waiver and release of that claim and appeal and an acknowledgment of prejudice to the District. 7.2 Mediation and Arbitration If a dispute arises out of or relates to this Contract, or the breach thereof,including any Contractor claim,that is not resolved through the required claims and appeal process set forth in Section 7.1,the parties may,upon mutual agreement,endeavor to settle the dispute in an amicable manner by mediation or other agreed form of alternative dispute resolution process prior to commencing litigation. 7.3 Applicable Law and Forum This Contract shall be governed by all Washington State and Federal laws including RCWs 28A.400.303, 28A.400.330,9A.32,9A.36, 9A•42, 9A44,9A.64.o30,9A.88 or any other current laws relative to record checks,crimes against children,o r conditions required for working with children. Pursuant to RCW 28A.400.303,any contractor who will have unsupervised access to children under this agreement shall be required to have successful completion of a background check through the Washington State Patrol Criminal Identification System,under RCW 443.830-834,RCW 10.97.30&.50, and through the Federal Bureau of Investigation prior to contracting with the District and prior to unsupervised access to children. Upon approval by the Purchasing Department, when necessary, contracts may commence on a conditional basis pending completion of the background checks. Contractor shall not utilize any employee(or subcontractor or their employees)at the District site or allow any contact between school children and any employee when an employee has pled guilty to or been convicted of any felony crime involving the physical neglect of a child under Chapter 9A.42 RCW, the physical injury or death of a child under Chapter 9A.32 or 9A.36 RCW(except motor vehicle violations under Chapter 46.61 RCW), sexual exploitation of a child under Chapter 9A.44 RCW where a minor is the victim,promoting prostitution of a minor under Chapter 9A.88 RCW,the sale or purchase of a minor child under 9A.64.o3o RCW, or violation of similar laws of another jurisdiction. Any failure to comply with this section shall be grounds for the District to immediately terminate this agreement. The Contractor, at its own cost, will perform criminal background checks o f all individuals providing services under a contractual agreement,and as required by applicable and current Washington State and