HomeMy WebLinkAboutSH18-009 FCI 2018 - PSA and Insurance DocsPROFESSIONAL SERVICES AGREEMENT
This Agreement is made by and between Kittitas County (hereinafter "the County")
and FCI Custom Police Vehicles (hereinafter "Contractor"). The County and Contractor
agree as follows:
General Conditions; Exhibit A (Scope of Work); Exhibit B (Compensation);
Exhibit C (Proof of Insurance),
copies of which are attached hereto and incorporated herein by this reference as fully as if
set forth herein.
The term of this Agreement shall commence on January 1, 2018 and continue until
December 31, 2018. This Agreement may be renewed annually if both parties are
mutually agreeable to renewal. The original Agreement was initiated on April 1, 2012, and
has been renewed on an annual basis every year since 2012. Any party may terminate
this Agreement by giving thirty (30) days' notice in writing either personally delivered or
mailed postage -prepaid by certified mail, return receipt requested, to the party's last known
address for the purposes of giving notice under this paragraph.
Contractor acknowledges and by signing this Agreement agrees that the
Indemnification provisions set forth in Paragraphs 7 (Independent Contractor), 9 (Taxes),
15 (Defense and Indemnity Agreement), 21 (Patent/Copyright Infringement) and 24
(Confidentiality), are totally and fully part of this Agreement and have been mutually
negotiated by the parties.
Professional Services Agreement (rev. 12/26/2016)
Page 1 of 17
IN WITNESS WHEREOF, the parties have executed this Agreement this day
of _ 2018.
Y1
signature of Signatory
(Data" )
Print Name of Signatory
APPROVED:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Chairman
Vic -C
Commissioner
Attest:
Clerk and
to Form:
;cuti g Attorney
Contractor Address: County's Addf_1
s:
FCI Custom Police Vehicles Kittitas Countyriff's Office
45727 SE 14011 307 W UmptanSt,
North Bend, WA 98045 Ellensburg, WA 8926
Project contact: Project Contact:
Alan Bateman (425) 831-5203 Steve Panattoni or Heather Seibert
contractor Licensing Information: Kittitas County Sheriffs Office 509-962-7525
-Incorporated in Washington State, UBI # 600053431, TIN 91-0871323
-Washington State Labor and Industries Account # 845,243.00, DUNS 019245109
GENERAL CONDITIONS
Professional Services Agreement (rev, 12/26/2016)
Page 2 of 17
RECEIVED
MAR 2 3 2018
KITTItAS.COUNTy SHERIFFIN'. ACCOUNTirJG
GENERAL CONDITIONS
1. Scope of Contractor's Services:
Contractor agrees to provide to the County services and any materials set forth in the
project narrative identified in Exhibit "A" during the Agreement period. No material, labor,
or facilities will be furnished by the County, unless otherwise provided for in the
Agreement.
2. Performance of Work:
Contractor shall perform work in accordance with, and shall comply with, all of the
provisions of this Agreement. All work shall comply with applicable codes and ordinances.
3. Schedule of Performance:
Unless directed otherwise by the County, Contractor shall perform the work in accordance
with any schedules made a part of this Agreement.
4. Definitions:
4.1 "Additional Insureds" means the County, its successors and assigns, and
the respective directors, officers, employees, agents and representatives of
the County and its successors and assigns.
4.2 "Support" means the following: Contractor's directors, officers, employees,
agents and representatives; and sub -Contractors of any tier; the respective
directors, officers, employees, agents and representatives of these sub -
Contractors of any tier; and any other person or entity acting under the
direction or control of, or on behalf of, Contractor or any Contractor's sub -
Contractors of any tier in connection with or incident to the performance of
the Work or this Agreement.
4.3 The "Work" means all of the duties listed in Exhibit A and the performance of
all other obligations, under this Agreement by Contractor or its Support.
5. Accountinq and Payment for Contractor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set
forth in Exhibit "B". Where Exhibit "B" requires payments by the County, payment shall be
based upon billings, supported unless otherwise provided in Exhibit "B", by documentation
of units of work actually performed and amounts earned, including where appropriate, the
actual number of days worked each month, total number of hours for the month, and the
total dollar payment requested. Unless specifically staffed in Exhibit "B" or approved in
writing in advance by the Kittitas County Board of Commissioners, the County will not
reimburse the Contractor for any costs or expenses incurred by the Contractor in
performance of this Agreement.
Where required, the County shall, upon receipt of appropriate documentation, compensate
the Contractor, no more often than monthly, through the County voucher system, for the
Contractor's service pursuant to the fee schedule set forth in Exhibit "B".
Professional Services Agreement (rev. 12/26/2016)
Page 3 of 17
6. Assignment and Subcontracting:
No portion of this Agreement may be assigned or subcontracted to any other individual,
firm or entity without the express and prior written approval of the County.
7. Independent Contractor:
The Contractor's services shall be furnished by the Contractor as an independent
Contractor and nothing herein contained shall be construed to create a relationship of
employer-employee or master -servant, but all payments made hereunder and all services
performed shall be made and performed pursuant to this Agreement by the Contractor as
an independent Contractor.
The Contractor acknowledges that the entire compensation for this Agreement is specified
in Exhibit "B" and the Contractor is not entitled to any County benefits including, but not
limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to Kittitas County employees.
Contractor will defend, indemnify and hold harmless the County, its Additional Insureds,
officers, agents or employees from any loss or expense, including but not limited to
settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or
demands because of breach of the provisions of this paragraph.
8. No Guarantee of Employment:
The performance of all or part of this Agreement by the Contractor shall not operate to
vest any employment rights whatsoever and shall not be deemed to guarantee any
employment of the Contractor or any employee of the Contractor or any sub -Contractor or
any employee of any sub -Contractor by the County at the present time or in the future.
9. Taxes:
The Contractor understands and acknowledges that the County will not withhold Federal
or State income taxes. Where required by State or Federal law, the Contractor authorizes
the County to make withholding for any taxes other than income taxes (i.e. Medicare). All
compensation received by the Contractor will be reported to the Internal Revenue Service
at the end of the calendar year in accordance with the applicable IRS regulations. It is the
responsibility of the Contractor to make the necessary estimated tax payments throughout
the year, if any, and the Contractor is solely liable for any tax obligation arising from the
Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify
the County against any demand to pay taxes arising from the Contractor's failure to pay
taxes on compensation earned pursuant to this Agreement.
The County will pay sales and use taxes imposed on goods or services acquired
hereunder as required by law. The Contractor must pay all other taxes including, but not
limited to: Business and Occupation Tax, taxes based on the Contractor's gross or net
Professional Services Agreement (rev. 12/26/2016)
Page 4 of 17
income, or personal property to which the County does not hold title. The County is
exempt from Federal Excise Tax.
10. Regulations and Requirement:
This Agreement shall be subject to all laws, rules and regulations of the United States of
America, and State of Washington, and political subdivisions of the State of Washington,
and to any other provisions set forth herein or in the attached exhibits.
11. Right to Review:
This contract is subject to review by any Federal or State auditor. The County or its
designee shall have the right to review and monitor the financial and service components
of this program by whatever means are deemed expedient by the County. Such review
may occur with or without notice, and may include, but is not limited to, on-site inspection
by County agents or employees, inspection of all records or other materials which the
County deems pertinent to the Agreement and its performance, and any and all
communications with or evaluation by service recipients under this Agreement. The
Contractor shall preserve and maintain all financial records and records relating to the
performance of work under this Agreement for 6 years after contract termination, and shall
make them available for such review, within Kittitas County, State of Washington, upon
request.
12. Modifications:
12.1 Either party may request changes in the Agreement. Any and all agreed
modifications shall be in writing, signed by each of the parties.
12.2 The County may, at any time, by written notice thereof to Contractor
("Change Notice") makes changes in the Work within the general scope of
this Agreement, including, but not limited to: (a) changes in, revisions to,
substitutions for, additions to or deletions of any Work; (b) changes in
schedule; and (c) acceleration, deceleration or suspension of performance
of any Work.
12.3 If any change in the Work causes an increase or decrease on Contractor's
cost of, or the time required for, performance of the Work, an equitable
adjustment in the compensation to Contractor and in the schedule for the
performance of the Work shall be made to reflect such an increase or
decrease.
12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable
equitable adjustment, Contractor shall proceed in accordance with all
Change Notices. Contractor must, within thirty (30) days after receipt of any
Change Notice that does not set forth any acceptable adjustment, submit to
the County a written statement setting forth any adjustment claimed.
Professional Services Agreement (rev. 12/26/2016)
Page 5 of 17
12.5 If any change results in a decrease in the Work performed, Contractor shall
be entitled to compensation associated with changing the Work, such as
revising design already completed, revising calculations already performed,
and revising documents.
13. Termination for Default:
If the Contractor defaults by failing to perform any of the obligations of the Agreement or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency
or makes an assignment for the benefit of creditors, the County may, by depositing written
notice to the Contractor in the U.S. mail, postage prepaid, terminate the Agreement, and at
the County's option, obtain performance of the work elsewhere. If the Agreement is
terminated for default, the Contractor shall not be entitled to receive any further payments
under the Agreement until all work called for has been fully performed. Any extra cost or
damage to the County resulting from such default(s) shall be deducted from any money
due or coming due to the Contractor. The Contractor shall bear any extra expenses
incurred by the County in completing the work, and all damage sustained, or which may be
sustained by the County by reason of such default.
If a notice of termination for default has been issued and it is later determined for any
reason that the Contractor was not in default, the rights and obligations of the parties shall
be the same as if the notice of termination had been issued pursuant to the Termination for
Public Convenience paragraph hereof.
14. Termination for Public Convenience:
The County may terminate the Agreement in whole or in part whenever the County
determines, in its sole discretion that such termination is in the best interests of the
County. Whenever the Agreement is terminated in accordance with this paragraph, the
Contractor shall be entitled to payment for actual work performed at unit contract prices for
completed items of work. In the event of such termination, an equitable adjustment shall
be made in the compensation payable to Contractor.
An equitable adjustment in the contract price for partially completed items of work will be
made, but such adjustment shall not include provision for loss of anticipated profit on
deleted or uncompleted work. Termination of this Agreement by the County at any time
during the term, whether for default or convenience, shall not constitute a breach of
contract by the County.
15. Defense & Indemnity Agreement:
The Contractor agrees to and shall defend, indemnify and hold harmless the County, its
Additional Insureds, appointed and elective officers, agents and employees, from and
against all loss or expense, including but not limited to judgments, settlements, attorney's
fees and costs by reason of any and all claims and demands upon the County, its
Professional Services Agreement (rev. 12/26/2016)
Page 6 of 17
Additional Insured's, its elected or appointed officials, agents, or employees for damages
because of personal or bodily injury, including death at any time resulting therefrom,
sustained by any person or persons and on account of damage to property including loss
of use thereof, whether such injury to persons or damage to property is due to the
negligence of the Contractor, its sub -Contractors, its elected officers, employees or their
agents, except only such injury or damage as shall have been occasioned by the sole
negligence of the County, its Additional Insureds, appointed or elected officials, agents, or
employees. It is further provided that no liability shall attach to the County by reason of
entering into this contract, except as expressly provided herein.
16. Industrial Insurance Waiver:
With respect to the performance of this Agreement and as to claims against the County, its
Additional Insured's, officers, agents and employees, the Contractor expressly waives its
immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act,
for injuries to its employees and agrees that the obligations to indemnify, defend and hold
harmless provided in this agreement extend to any claim brought by or on behalf of any
employee of the Contractor. This waiver is mutually negotiated by the parties to this
Agreement.
17. Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of
any of the terms of this Agreement, the venue of such action of litigation shall be in the
Superior Court of the State of Washington in and for the County of Kittitas. This
Agreement shall be governed by the law of the State of Washington.
18. Withholding Payment:
In the event the Contractor has failed to perform any obligation to be performed by the
Contractor under this Agreement within the time set forth in this Agreement, then the
County may, upon written notice, withhold all monies due and payable to Contractor,
without penalty, until such failure to perform is cured or otherwise adjudicated.
19. Future Non -Allocation of Funds:
If sufficient funds are not appropriated or allocated for payment under this Agreement for
any future fiscal period, the County will not be obligated to make payments for services or
amounts incurred after the end of the current fiscal period. No penalty or expense shall
accrue to the County in the event this provision applies.
20. Contractor Commitments, Warranties and Representations:
The Contractor represents and warrants to the County as follows:
20.1 The Contractor is duly incorporated, validly existing and in good standing
under the laws of the State of Washington, and has all requisite corporate
power and authority to enter into and to perform its obligations under this
Agreement.
Professional Services Agreement (rev. 12/26/2016)
Page 7 of 17
20.2 The Contractor has the authority to execute this Agreement, to make the
representations and warranties set forth in it and to perform the
obligations of the Contractor under this Agreement in accordance with its
terms.
20.3 This Agreement has been validly executed by an authorized
representative of the Contractor and constitutes a valid and legally
binding and enforceable obligation of Contractor.
20.4 The Contractor has or will obtain prior to the commencement date such
licenses, permits and other authorizations from federal, state and other
governmental authorities, as are necessary for the performance of its
obligations under this Agreement.
20.5 The Contractor is not in violation of any applicable law, ordinance or
regulation the consequence of which will or may materially affect
Contractor's ability to perform its obligations under this Agreement. The
Contractor is not subject to any order or judgment of any court, tribunal or
governmental agency which materially and adversely affects its
operations or assets in the State of Washington, or its ability to perform
its obligations under this Agreement.
20.6 None of the representations or warranties in this Agreement, and none of
the documents, statements, certificates or schedules furnished or to be
furnished by Contractor pursuant hereto or in connection with the
performance of the obligations contemplated under this Agreement,
contains or will contain any untrue statement of a material fact or omits or
will omit to state a material fact necessary to make the statements of fact
contained therein not misleading.
21. Patent/Copyright Infringement:
Contractor will defend and indemnify the County from any claimed action, cause or
demand brought against the County; to the extent such action is based on the claim that
information supplied by the Contractor infringes any patent or copyright. The Contractor
will pay those costs and damages attributable to any such claims that are finally awarded
against the County in any action. Such defense and payments are conditioned upon the
following:
21.1 Contractor shall be notified promptly in writing by County of any notice of
such claim.
21.2 Contractor shall have the right, hereunder, at its option and expense, to
obtain for the County the right to continue using the information, in the event
such claim of infringement is made, provided no reduction in performance or
loss results to the County.
Professional Services Agreement (rev. 12/26/2016)
Page 8 of 17
22. Disputes:
22.1 General
Differences between the Contractor and the County, arising under and by
virtue of the Agreement Documents shall be brought to the attention of the
County at the earliest possible time in order that such matters may be settled
or other appropriate action promptly taken. Except for such objections as are
made of record in the manner hereinafter specified and within the time limits
stated, the records, orders, instructions, and decisions of the Kittitas County
Commissioners shall be final and conclusive.
22.2 Notice of Potential Claims
The Contractor shall not be entitled to additional compensation which
otherwise may be payable, or to extension of time for (1) any act or failure to
act by the County, or (2) the happening of any event or occurrence, unless
the Contractor has given the County a written Notice of Potential Claim
within ten (10) days of the commencement of the act, failure, or event giving
rise to the claim, and before final payment by the County. The written Notice
of Potential Claim shall set forth the reasons for which the Contractor
believes additional compensation or extension of time is due, the nature of
the cost involved, and insofar as possible, the amount of the potential claim.
Contractor shall keep full and complete daily records of the work performed,
labor and material used, and all costs and additional time claimed to be
additional
22.3. Detailed Claim
The Contractor shall not be entitled to claim any such additional
compensation, or extension of time, unless within thirty (30) days of the
completion of the portion of the work from which the claim arose, and before
final payment by the County, the Contractor has given the County a detailed
written statement of each element of cost or other compensation requested
and of all elements of additional time required, and copies of any supporting
documents evidencing the amount or extension of time claimed to be due.
23. Ownership of Items Produced:
All writings, programs, data, public records or other materials prepared by the Contractor
and/or its consultants or sub -Contractors, in connection with performance of this
Agreement shall be the sole and absolute property of the County.
24. Confidentiality:
The Contractor, its employees, sub -Contractors, and their employees shall maintain the
confidentiality of all information provided by the County or acquired by the Contractor in
performance of this Agreement, except upon the prior written consent of the Kittitas
County Prosecuting Attorney or an order entered by a court after having acquired
Professional Services Agreement (rev. 12/26/2016)
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jurisdiction over the County. Contractor shall immediately give to the County notice of any
judicial proceedings seeking disclosure of such information. Contractor shall indemnify
and hold harmless the County, its Additional Insured's, officials, agents or employees from
all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys'
fees and costs resulting from Contractor's breach of this provision.
To the extent that any information obtained by the Contractor is required to be shared with
or provided to others by the terms of the Statement of the Work, .this provision is not
breached by such acts.
25. Notice:
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement,
except service of process, notice shall be given by the Contractor to the department head
of the department for whom services are rendered, and to the Kittitas County
Commissioners, 205 W 5th Ave, Suite 108, Ellensburg, WA 98926. Notice to the
Contractor for all purposes under this Agreement shall be given to the address reflected on
the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first
class, postage prepaid.
26. Severability:
If any term or condition of this Agreement or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To
this end, the terms and conditions of this Agreement are declared severable.
27. Miscellaneous:
27.1 The County's failure or delay to insist upon strict performance of any of the
provisions of this Agreement or to exercise any rights or remedies under this
Agreement shall not be construed as a waiver or relinquishment to any
extent of its right to assert or rely upon any such provisions, rights or
remedies in that or any other instance; rather the same shall be and remain
in full force and effect.
27.2 This Agreement embodies the entire Agreement between the County and
Contractor, and supersedes any and all prior agreements, regarding the
Work. No change, amendment or modification of any provisions of this
Agreement shall be valid unless set forth in a written instrument signed by
the party to be bound thereby.
27.3 The rights and remedies of the County set forth in any provision of this
Agreement are in addition to and do not in any way limit any other rights of
remedies afforded to the County by any other provisions of this Agreement,
by any of Contractor's Support or by law.
27.4 The headings of sections and paragraphs of this Agreement are for
convenience of reference only and are not intended to restrict, affect or be
Professional Services Agreement (rev. 12/26/2016)
Page 10 of 17
of any weight in the interpretation or construction of the provisions of such
sections or paragraphs.
28. Waiver:
Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any
prior or subsequent breach. No terms or conditions of this Agreement shall be held to be
waived, modified or deleted except by an instrument, in writing, signed by the parties
hereto.
29. Survival:
The provisions of paragraphs 7, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 28,
30, 31, and 32 shall survive, notwithstanding the termination or invalidity of this Agreement
for any reason.
30. Nondiscrimination:
30.1 The County is an equal opportunity employer.
30.2 Nondiscrimination in Employment
In the performance of this Agreement, the Contractor will not
discriminate against any employee or applicant for employment on the
grounds of race, creed, color, national origin, sex, sexual orientation,
marital status, age or the presence of any sensory, mental or
physical handicap; provided that the prohibition against discrimination
in employment because of handicap shall not apply if the particular
disability prevents the proper performance of the particular worker
involved. The Contractor shall ensure that applicants are employed,
and that employees are treated during employment without
discrimination because of their race, creed, color, national origin, sex,
sexual orientation, marital status, age or the presence of any sensory,
mental or physical handicap. Such action shall include, but not be
limited to: employment, upgrading, demotion or transfers, recruitment or
recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and programs for training including
apprenticeships. The Contractor shall take such action with respect to
this Agreement as may be required to ensure full compliance with
local, state and federal laws prohibiting discrimination in employment.
30.3 Nondiscrimination in Services
The Contractor will not discriminate against any recipient of any services
or benefits provided for in this Agreement on the grounds of race,
creed, color, national origin, sex, sexual orientation, marital status, age or
the presence of any sensory, mental or physical handicap.
Professional Services Agreement (rev. 12/26/2016)
Page 11 of 17
30.4 If any assignment and/or subcontracting has been authorized by the
County, said assignment or subcontract shall include appropriate
safeguards against discrimination. The Contractor shall take such
action as may be required to ensure full compliance with the
provisions in the immediately preceding paragraphs herein.
31. Prevailing Wage:
Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics
employed in the performance of any part of the Work in accordance with RCW 39.12
and the rules and regulations of the Department of Labor and Industries. The schedule
of prevailing wages rates for the locality or localities of the Work is determined by the
Industrial Statistician of the Department of Labor and Industries. It is the Contractor's
responsibility to verify the applicable prevailing wage rate. It is understood that the
Contractor is responsible for obtaining and completing all required government forms
and submitting same to the proper authorities.
Disputes regarding prevailing wage rates shall be referred for arbitration to the Director
of the Department of Labor and Industries. The arbitration decision shall be final and
conclusive and binding on all parties involved in the dispute as provided for by RCW
39.12.060.
32. Debarment Certification:
The Contractor certifies that it:
32.1 Is not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any Federal
department or agency.
32.2 Has not within a three-year period preceding the execution of this contract
with Kittitas County, been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private
agreement or transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice..
32.3 Is not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of
the offenses enumerated in paragraph 32.2 of this section.
32.4 Has not within a three-year period preceding the preceding the execution
of this contract with Kittitas County had one or more public transactions
(Federal, State, or local) terminated for cause of default.
Professional Services Agreement (rev. 12/26/2016)
Page 12 of 17
EXHIBIT "A"
SCOPE OF WORK
In addition to providing all material and labor, the Contractor shall perform the following:
Contractor shall provide on an as -needed basis the following work:
a. Kittitas County Sheriff's Office vehicle builds; and
b. Service and maintenance on installed vehicle equipment
The County shall:
a. Schedule pickup and delivery of vehicles with Contractor on an as -
needed basis; and
b. Determine the brand and manufacturer of all equipment to be installed.
Professional Services Agreement (rev. 12/26/2016)
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EXHIBIT "B"
COMPENSATION
As full compensation for satisfactory performance of the work, the County shall pay
Contractor compensation as detailed below. Payments will be based on the "net 30 days"
billing cycle.
Labor cost per hour: $75.00 per hour
Pickup and delivery cost per vehicle: $40.00 round trip
Parts costs:
Whelan products -30% of MSRP
Setina products -20% off MSRP
All other parts -Dealer cost plus 15%
Factory parts for work not covered by manufacturer warranty: Dealer cost plus 15%
Professional Services Agreement (rev. 12/26/2016)
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EXHIBIT "C"
PROOF OF INSURANCE
The Contractor shall secure and maintain in effect at all times during performance of
the Work such insurance as will protect Contractor, its Support and the Additional
Insureds from all claims, losses, harm, costs, liabilities, damages and expenses arising
out of personal injury (including death) or property damage that may result from
performance of the work or this Agreement, whether such performance is by
Contractor or any of its Support.
All insurance shall be issued by companies admitted to do business in the State of
Washington and have a rating of A-, Class VII or better in the most recently published
edition of Best's Reports unless otherwise approved by the County. If an insurer is not
admitted, all insurance policies and procedures for issuing the insurance policies must
comply with Chapter 48.15 RCW and 284-15 WAC.
The Contractor shall provide proof of insurance for:
1) Commercial General Liability Insurance.
■ Coverage limits not less than:
• $1,000,000 per occurrence per project
• $2,000,000 general aggregate
• $1,000,000 products & completed operations aggregate
• $1,000,000 personal and advertising injury, each offense
■ Certificate Holder — Kittitas County
■ The Certificate must name the County as additional insured as
defined in the Agreement
■ Sixty (60) days written notice to the County of cancellation
of the insurance policy.
2) Stop Gap/Employers Liability.
• Coverage limits not less than:
• $1,000,000 each accident
• $1,000,000 disease — policy limit
• $1,000,000 disease — each employee
• Thirty (30) days written notice to the County of cancellation
of the insurance policy.
Professional Services Agreement (rev. 12/26/2016)
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3) Commercial Automobile Liability Insurance.
■ Automobile Liability for owned, non -owned, hired, and leased
vehicles, with an MCS 90 endorsement and a CA 9946
endorsement attached if `pollutants' are to be transported.
■ Coverage limits not less than:
• $1,000,000 combined single limit
■ Thirty (30) days written notice to the County of cancellation
of the insurance policy.
4) Excess or Umbrella Liability.
■ The Contractor shall provide Excess or Umbrella Liability coverage
at limits of $5,000,000 per occurrence and annual aggregate. This
Excess or Umbrella Liability coverage shall apply, at a minimum, to
both the Commercial General and Auto Insurance policy coverage.
■ This requirement may be satisfied instead through the Contractor's
primary Commercial General and Automobile Liability coverage, or
any combination thereof.
5) Workers' Compensation.
■ Workers' Compensation in amounts required by law.
6) Pollution Liability.
■ The Contractor shall provide a Pollution Liability policy, providing
coverage for claims involving bodily injury, property damage
(including loss of use of tangible property that has not been
physically injured), cleanup costs, remediation, disposal or other
handling of pollutants, including costs and expenses incurred in the
investigation, defense, or settlement of claims arising out of:
• Contractor's operations related to this project; and/or
• Remediation, abatement, repair, maintenance or other work
with lead-based paint or materials containing asbestos;
and/or
• Transportation of hazardous materials away from any site
related to this project
■ Such Pollution Liability policy shall provide the following minimum
coverage:
• $2,000,000 each loss and
• $5,000,000 annual aggregate
7) Contractor shall furnish the County a Certificate of Insurance with
Endorsement as evidence that policies providing insurance required by this
Agreement are in full force and effect. Contractor hereby waives all rights of
recourse, including any right to which another may be subrogated, against
Professional Services Agreement (rev. 12/26/2016)
Page 16 of 17
Kittitas County for personal injury, including death, and property damage.
Contractor's insurance policies required above shall be primary insurance and
shall be non-contributing with any other insurance maintained by Kittitas County.
The Contractor shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, Contractor's employee -owned tools, machinery, equipment, or
motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers
or contractors as well as to any temporary structures, scaffolding and protective fences.
The Contractor shall have sole responsibility for ensuring the insurance coverage and
limits required are obtained by subcontractors.
NOTE: No contract shall form until and unless a copy of the Certificate of Insurance
with Endorsement, properly completed and in the amount required, is attached hereto.
Professional Services Agreement (rev. 12/26/2016)
Page 17 of 17
T ..,E,NDORSEMENT
8 DALE INSURANCE t'OMPANYp"
ATTACHED TO AND , EN 0ORSEM ENT OFFE CTIVN DATE
FORMIN PARTO NAMEDINSURPO AGIRNTNO�
POL CY NUM B12R i A.M,,STANUARD TIME
CGS 0013199 01/21/2018 FINANCIAL CONSULT S 'I N TERNATIONAL 46006
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
—SERVICE OF SUIT CLAUSE
A is agreedthat in the event of the failure of the Company to pay any amount claimed to be due under this
policy, the Company at the request of the Insured (or reinsured); will submit to the jurisdiction of any court
of competent jurlsd Iction within the United States of America and Will comply With all requirements neces-
''
sary,to give the Court jurisdiqtlon.,All matters which arise will be determined In accordance with the I aw
and practice of the Court. In a suit Instituted against any one of them under this contract, the Company
agrees to abide by the final decision of the Court or of any Appellate Court in the event of an a:p'peal.
Pursuant to any statute of any state, territory or district of the,United States of America which makes a
provision, the Company will designate the Superintendent, Commissioner or Director of Insurance or
other officer specified for that purpose in the statute, or his successor or successors In office, as theirtrue
and lawful attorney upon whom may be served any lawful process in any action; suit,, orproceeding insti-
tuted by or on behalf of the insured (or reinsured) or any beneficiary arising out of this contract of
Insurance (or reinsurance).
The officer named below Is authorized and directed to accept service of process on behalf of the Com-
pany:
,QOMM,2ZLONE11 ST jMjUUHgE
X0_k0L_90257
:OLY PIA, WA 99504-0257
Having accepted service of process on behalf ofthe Company, the officer is authorized to mail the pro-
cess or a true copy to:
AUTHORIZED REPRESENTATIVEw�IIrI rr„DATE
UT8_99 (6-96) INSURED ' uts9ga.fftlp
R EC' E IV ED
-MAR 2 3 2018
KITTf,rAS COUNTY SHERIFF
ACCOUNTING
AUTHORIZED REPRESENTATIVE DATE
UTS-1198 (6.14) INSURED uts119g0614a, fap
RECEIVED
5.. M • MAR 2 3 2018
KI'I'TITAS COIJ,^I'I'Y SI-IFRIFI=
ACCOi,1NTING
Item 1. Business Description: DEALER.
Form of Business: 01Corporation 'EjLim itedLiability Gompany Elndividual ❑Partnership
El Other:
Item 2. Schedule of Coverage's-and,.Covere.d Autos
This policy provides only those coverages where a charge and limit, if applicable, are shown In the premium columns be-
low, Each of the "auto" -related coverages will apply only to those "autos" shown as covered "autos." "Autos" are shown as
covered "autos" for the applicable coverages by the entry of one ' or` more of the symbols from Section 1 - Covered Autos
Coverages of. the Auto Dealers,Coverage Form next to.the "auto" -related coverage.
Coverages
Covered Autos
Limit
Premium
Covered Autos Liability 22, 29
$ 1, 000, 000 Each Accident
..:........... . ..
General Liability Bodily Injury And Property Damage
......
$
Liabilit��µ��
1, 000 Doo Each Accident,
Damages To Premises Rented To YouWw
$ Any One Premises
$ 2, 921.
Personal And Advertising Injury Liability
$ Any One Person Or
Organization.._
$ 2;000 000 General Liability Aggregate.
$ 2,0oo,00p Products `AndVvorkYou
Performed Aggregate
Locations and Operations Med. cal,Payments
$ 5, 0.0 o, Any One Person. .. .....
$ G 9
Acts, Errors Or Omissions Liability
$ Aggregate limit subject to a
$
-
$ Deductible for each claim
Personal Injury Protection (P,I,P.)
Separately stated in each P.I.P. endorsement,
(or equivalent No-fault coverage)
minus any Deductible shown therein or sched-
$
uled elsewhere in the policy.
Added P,I.P,(or equivalent added
_
Separately stated in each added P.I,P.
No-fault coverage)
endorsement, _.
$
Auto Medical Payments
22,29
$ 5 000 Each Insured
$ " ` 170,
Medical Expense and Income Loss
Separately stated in the Medical Expense and
$
Benefits (Virginla on.ly)_
Income Loss Benefits Endorsement. ._
Uninsured Motorists(UM
_. ) _
Separately stated in each,LIMendorsement......
$
Underinsured Motorists (UIM)
when not included in UM Coverage)
22
_
Separately stated in each UIM endorsement.
$ 400
Includes copyrighted m aterlal of ISO Properties, Inc„ with its perm isslon.
Copyright, ISO Properties, Ino., 2009
CGS -1176 (7-10) Page 1 of 2
INSURED
RE [d Fd
MAR- 2 3 2018
A� SC(;YFTSDALE INSURANCE COMPANYO
GARAGE INSURANCE COVERAGE PART DECLARATIONS (continued)
Policy No.,. WW_crsRS1q
Effective Date: 57 1
12:01 A.M. Standard Time
Named I nSLI red: ri 9AXgjA_Lc Qj�gyj UTANTS INTERNATION LAgentNo.:-6 0 9..6...::..._:._..
Item 2. Schedule of Coverages and Covered Autos .(continued)
Coverages
Covered Autos
Limit
Prernlum
Garagekeepers
30._.
Comprehensive Coverage
See Limits of Insurance In the Garage Cov.
Garagekeep6rsSpecifled
Causes of Loss Coverage
arage Part Supplemental Dec aratlo Ins
$
Garagekeepers Collision Coverage
30
$ 926
Physical Damage
$
Comprehensive Coverage
31
See Limits of Insurance In the :Garage
Coverage Part Supplemental Declarations
, I Supplemental
906
Physical Damage Specified
Causes of Loss Coverage
. .. . .
and I or . schedule of Add'iti6na'l' C66a' red 11,
Autos.
. ......
Physical Damage Collision Coverage 31
618
Form(s)-and endois%ement(s) applying to this coverage
Premium for Endorsements
a50.
form and :made a part of this policy at the. time of issue:
Estimated Total Premium.
'
See Schedule of Forms and Endorsements$
(This policy may be subject to final audit)
6, 157
�'E.:
OTTSDALE INSURANCE C OMPANP.
GARAGE INSURANCE coVERAbE PART;SUPPLEMIiENTACDECLAPATIONS
Policy No,: Effective Date:
(12:01 A,M. Standard Time)
Named insured' t,T N A ?,Tr T A 1. 00 $ WA T T Q1,T A W Agent No
Item 3. Locations Where You Conduct Garage 0perations
,Loc
N o.'
Address your'maln business location'as Location No, I
P re rn lu M
45727 SE 140TH ST BEND, WA 98045_
$ 2, 921
Item 4., Liability Coverages -,Premiums k
Loc.
'No,
Rating - Units Dealer Rating Units: -Non -Dealer
P re rn lu M
Premium
$ 2, 921
$ 200,.0.00 Limit oflnsurance.
$
Dam 9 a to Rented Promises .PersqinalAnd,,Adveftislng Injury...,..,. Broadened, coverage
Premium: $
Premium:
Item 5. . Garagekeep , e r L s , Coverages and Prdim1uhrts
Garagekeepers Coverage applies on a legal liability basis unless the Direct Primaryy-InsuraInce option below has been indi-
cated by "[D."
El DIRECT PRIMARY INSURANCE: Garagekeepers Coverage Is changed to apply without regard to your or any other "in-
sured's" legal liability for "loss"to a covered "auto" and is primary'Insurance.
Loc
N o.
Coverages
Lim It of Insurance and Deductible for Each Location
Premium
$ 200,.0.00 Limit oflnsurance.
Comprehensive
$ 1, 00.0 Ded uctib,l.&. for"611 I560.106-r-ea6h "customers - auto""
$ 497
$ 5, 000 Maximum Deductible for all "loss"'In an - y . one event; .
$ Limit of Insurance.
Specified
Causes of Loss
$ Deductible for all perils for each "customer's auto.."
$ Maximum Deductible for all "loss" In any one event,
. ....... ..
$200,000 Limit of Insurance,
Collision
. ...... ..
$ 11 000 Deductible for all perils for each "customer's auto."
$ 426
$ Limit of insurance.
Comprehensive
$
'Ded'uctib.le for - all
11 . perlls f I o r each "customer's auto."
$ Maximum Deductible for all "loss" In any I one event,
$ Limit of Insuran ce.
Specified
Causes of Loss
$
$ Deductible for all perils for each "customer's auto."
Maximum Deductible for all "loss" In any one event.
$ Limit of Insurance.
Collision
$
$ Deductible for all perils for each "customer's auto."
Includes copyrighted material of ISO Properties, Inc., with Its permission,
Copyright, ISO Properties, Inc., 2009
CGS -0434 (10-16) Page I of 4
INSURED
RECEIVED
MAR 2 3 2018
i<ITTITAS COUNTY SHERIFF
A(C0UN-r1j%jG
SCOTTSDALE INSURANCE COMPANY"
GARAGE IN.SURAN.CE.COVERAGE.PART,'SUPPLEM ENTAL DEC LARAT10N$,(qqntinued)
Policy Na.: c.r...q. n..n,.4. 5 q1Q, Effective Date:
................
(12:01 A.M. Standard Time)
Named Insured: 11 tTANC I h 1, e'6�%tj.,rn AgentNo.: ... .__ ...: 60a6
Item 6. Garagekeepers Coverages and Premiums. (continued):
..Premium.forAilLocatlons
Comprehensive.
$ .497
.. ... .. .. . ...
Specified Causes of Loss
$
Collision
$ 426
0 ARAG EKE E P ERS VALLI. E LIMITATION -SCHEDULE: The Limit of Insurance of $35,000 for "loss" to any one covered "cus-
tomer's auto" showninth e.,Lfm Its of Insurance sections contained in the , CHANGES IN THE AUTO DEALERS COVERAGE
FORM endorsement is changed by completion of the following (Not applicable• to "customer's autos" In Transit);
The maximum Limit of Insurance for "loss" to any one "customer's auto" is $
YAKAUtZMtt1-1=K0AN 1KAN011;
Includes copyrighted material of ISO Properties, Inc,, with Its permission.
Copyright, ISO Properties, Inc., 2009
OGS -0434 (10-16) Page 2 of 4
R-ECEWED
MAR 2 '
3 2018
KVr'rl'rA'.',.00UNTY SI-11HRIFF
-ACCOW,4TING
Description of
tow truck or wrecker
In
....................
-Maximum
number of.
Transit Schedule2
Maxi
Maximum„- ""
Lim Itof . .... .
nsqranqe.._..o
Minus Deductible for each
Minus -f- -. , t
"cus, om er s au o
cus or
torn S'
for each
Auto
transporting
autos"
"customer's
Premium
No.
a covered
"customers auto'.!....•
.... .. �jfl - d. - -1
transpp.,e Py�'
---_H- fi.111—,
jaul.01
Specified
Com re
Charge
(Year, Make
.the described
owtruckbi`
transported lb�
1,the 'd a S C r I lie'd
-Collision
causes
hensive
Model and VIN)........
wrecker
tow truck or
..........
k
Includes copyrighted material of ISO Properties, Inc,, with Its permission.
Copyright, ISO Properties, Inc., 2009
OGS -0434 (10-16) Page 2 of 4
R-ECEWED
MAR 2 '
3 2018
KVr'rl'rA'.',.00UNTY SI-11HRIFF
-ACCOW,4TING
sCOTTSI)A'LRINSURANCE C bw MV PANT'
GARAGE INSURANCE COVERAGE PART SUPPLEMENTAL DECLL'ARATIONS`(dontitideed)
Policy No., �; rDS g, . e µ Effective Date:; rot izt 20 1,
(12:01 A.M. Standard Tlme)
Named•Insured: GLNI>N�Ia1aCoN5IIJxA ms 4 ERi7m NB ,
!L-_I�._ I_ Agent No.:
Item 6. Physical Damage Coverage For Dealers and Physical Damage Coverage For Non-De.alors -.
Premium Basis. Nonreporting Basis. Stated Limit of Insurance shown below applies.
Each of the following Physical Damage coverages applies only.to.tha type -of autos'.' and Interests, indioated.below..b'y."[D.
t
®Used Autos El Your interest In covered "autos"you own - — ---
Cl New Autos " CI Your interest and the Interest of any creditor named as loss payee
u -Hn Interest m covereo autos, wnue in your possession on consignmenr Tor sale
Loc
N o., Coveragesµ Limit of Insurance and Deductible for Each Location ` Premium
$ 200;000 Limit of Insurance,
Comprehensive $ 7.,000 Deductible for all perilsforeac.h auto," " $ 9'05`
$ 5, 000 Maximum Deductible forall,"loss' in anyone event. .. .
$ Limit of Insurance..,
Specified $ Deductible for all perils for each auto. $
Causes of Loss
$ M4ximu' Dedmtible for all "loss" in,anyone. event, .
$ Limit of lnsurance; i -;ib
Comprehensive Deductibleforallperilsforeach"auto. $,,:
Mdximum,Deduct ble for 'alI1oss „in any one event.
$ Limit of Insurance, '
Specified
$ Deduct each
Causes of Coss -
$ edutible, foral
..MaximumQ"loss" in,any one event
Blanket Collision $,200 000.:. Limitofinsurance
$. "B19
(All Locations) 1,-, $,1 000 , ,,., Deductible.for ail perils for each'auto
'... Total Prem,lum,ForAll Locations $.._. 7 ; 524..:.
Our Limit of Insurance for "loss"at locations other than those stated in Item 3,
$ 50,000 Additional locations where you display or store covered"autos."
$_..50 cog, _In Transit.
There is no coverage if "loss" occurs more than forty-five (45) days after your use of the location begins,
PHYSICAL DAMAGE VALUE LIMITATION SCHEDULE: The Limit of Insurance of $35,000 for "loss" to any one covered
'.auto" shown in the Limits of Insurance sections contained in the CHANGES IN THE AUTO DEALERS COVERAGE FORM
endorsement is changed by completion of the following:
The maximum Limit of Insurance of "loss" to any one covered "auto" is: $ 50, 000
Loss Payee - Any loss is payable as Interest may appear to you and:
CGS -0434 (10-10)
Includes copyrighted material of ISO Properties, Inc., with Its perm lsslon.
Copyright, ISO Properties, Inc., 2000
Page 3 of 4
Fi ,CEIV D
MARI 2 3 2018
Wi` TkT,.!kS �,` , N l Y SHERIFF
SCOTTSDALE INSURANCE COMPAN7
GARAGt)NSURANCE COVERAGE PART SUPPLEMENTAL DECLARATIONS (continued)
Policy No.: 1819,E Effective Da e: 191-1901 R
(12:01 A.M. Standard Time)
Named Insure —J.N2XUNA =UXT" Ag a ht N o.: .............. d,Q).06
Includes copyrighted material of ISO Properties, Inc,, with Its permission.
Copyright, ISO Properties, Inc., 2000
CGS -0434 (10-16) Page 4 of
RIECEIVED
MAR 2 3 2010