HomeMy WebLinkAboutPSA between WISE and Kittitas CountyKittitas County
Review Form
Grants & Contract Agreement
Today's Date
05/08/2018
Fund/Department
116 -Public Health
Contract/Grant Information
Agenda Date
Contract /Grant Agency: PSA between WISE and Kittitas_County
Period Begin Date: May 1, 2018 Period End Date: June 30, 2018
Total Grant/Contract Amount: $3300.00
Grant/Contract Number:
tihS�n ViS.-� Y
"�,�,-,,
Contract/Grant Summary:
The PSA between WISE and Kittitas County is established to allow consultant to provide job
development and marketing training to Kittitas County employment providers. The job development
training will focus on team goals, field work, and follow up on progress and products. Projects include
hands-on instruction and field work.
Recommendation for Board of Health and Board of Health Review on
Department Head Signature: Administrator Date:
Kittitas County Prosecutor, Auditor, and Board of Health Review and Comment:
APPROVED AS TO FORM:
Signature of Prosecutor's Office Date
Signature of Auditor's Office Date
Signature of Board of Health member
Financial Information
Total Amount $ 3,300
Percentage County Funds
Date
State Funds $ 0 Federal Funds $ 0
Matching Funds $ CFDA#
Grant/Contract Review Page 1
In -Kind $
Explain
Is Equipment being purchased? no Who owns equipment?
New Personnel being hired? no Contact HR hiring — reporting requirements
Future impacts or liability to Kittitas County:
Budget Information
Budget Amendment Needed?
Yes ❑ attach budget form
No ❑ Why not
New Division Created? no
Revenue Code
Expense Code
105.568.54101
DD Professional Services
Pass Through Information
Agency to Pass Through
Amount to Pass Through $
Sub -Contract Approved Date:
Prosecutor Review
Has the Prosecutor reviewed this agreement? ---[Yes[:] No ❑
County Departments Impacted
Auditor Facilities Maintenance
Information Services Human Resource
Prosecutor Treasurer
Submitted
Signature: Date:
Department:
Assignment of Tracking Intormation
Auditor's Office
Human Resource
Prosecutor's Office
Who Signed the grant application
Reviewer Date
Grant/Contract Review Page 2
PROFESSIONAL SERVICES AGREEMENT
This Agreement dated is made by and between Kittitas County (hereinafter "the
County") and WISE (hereinafter "Contractor'). The County and Contractor agree as
follows:
General Conditions; Attachment A (Scope of Work); Attachment B (Special
Terms and Conditions); Attachment 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 May 1, 2018 and continue until
June 30, 2018. 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), 22 (Patent/Copyright Infringement) and 25
(Confidentiality), are totally and fully part of this Agreement and have been mutually
negotiated by the parties.
Professional Services Agreement
Page 1
IN WITNESS WHEREOF, the parties have executed this Agreement this
of .2018.
APPROVED:
WISE BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Signature of Signatory Laura Osiadacz, Chair
(Date )
Print Name of Signatory Obie O'Brien, Vice -Chair
Contractor Address:
WISE
100 S. King St., Suite 260
Seattle, WA 98104
Project Contact:
Brandi Monts
Director TA and Training
Professional Services Agreement
Page 2
Paul Jewell, Commissioner
Attest:
Clerk of the Board
County's Address:
Kittitas County
205 West 5th Avenue, Suite 108
Ellensburg, WA 98926
Project Contact:
Kasey Knutson
County Coordinator
day
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 Attachment "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 laws, codes ordinances
and agreements.
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 Insured's" 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 "Subcontractor" is any service provider or other vendor contracted by the
Contractor to provide consumer services or any other work for the purpose
of meeting the Contractor's obligations under this Agreement.
4.3 "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.
4.4 The "Work" means all of the duties listed in Attachment "A" and the
performance of all other obligations, under this Agreement by Contractor or
its Support.
5. Accounting and Payment for Contractor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set
forth in Attachment "B". Where Attachment "B" requires payments by the County,
payment shall be based upon billings, supported unless otherwise provided in Attachment
"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 stated in
Attachment "B" or approved in writing in advance by the Kittitas County Board of
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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 Attachment "B".
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 Attachment "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 Insured's,
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
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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 by the
County 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 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 Attachments.
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
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Change Notice that does not set forth any acceptable adjustment, submit to
the County a written statement setting forth any adjustment claimed.
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,
including violating any law, regulation, rule or ordinance applicable to this 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. Termination Due to Change in Funding. If the funds upon which the County relied to
establish any Program Agreement are withdrawn, reduced or limited, or if additional or
modified conditions are placed on such funding, the County may terminate this Agreement
Professional Services Agreement
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by providing at least fifteen (15) calendar days written notice to the Contractor. The
termination shall be effective on the date specified in the notice of termination.
16. Defense & indemnity Agreement:
The Contractor agrees to and shall defend, indemnify and hold harmless the County, its
Additional Insured's, 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
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 Insured's, 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.
17. 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.
18. 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.
19. 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.
20. 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.
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Page 7
21. Contractor Commitments, Warranties and Representations:
The Contractor represents and warrants to the County as follows:
21.1 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.
21.2 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.
21.3 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.
21.4 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.
21.5 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.
21.6 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.
22. 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:
22.1 Contractor shall be notified promptly in writing by County of any notice of
such claim.
22.2 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
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such claim of infringement is made, provided no reduction in performance or
loss results to the County.
23. Disputes:
23.1 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.
23.2 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.
23.3. 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.
24. 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.
25. 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
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performance of this Agreement, except: 1) as provided below, 2) upon the prior written
consent of the Kittitas County Prosecuting Attorney; or 3) upon an order entered by a court
after having acquired 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.
26. 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 5t' 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.
27. 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.
28. Miscellaneous:
28.1 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.
28.2 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.
28.3 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.
28.4 The headings of sections and paragraphs of this Agreement are for
convenience of reference only and are not intended to restrict, affect or be
of any weight in the interpretation or construction of the provisions of such
sections or paragraphs.
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29. 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.
30. Survival:
The provisions of paragraphs 7,
29, 31, and 32, shall survive,
Agreement for any reason.
31. Nondiscrimination:
9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
notwithstanding the termination or invalidity of this
31.1 The County is an equal opportunity employer.
31.2 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.
31.3 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.
31.4 If any assignment and/or subcontracting has been authorized by the
County, said assignment or subcontract shall include appropriate
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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.
32. 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.
33. Debarment Certification:
The Contractor certifies that it:
33.1 Is not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any Federal
department or agency.
33.2 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.
33.3 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 33.2 of this section.
33.4 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.
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ATTACHMENT "A"
SCOPE OF WORK
Funding is provided for the following activities and deliverables:
WISE and/or third party consultant shall provide job development and marketing
training to Kittitas County employment providers. The job development training
will focus on team goals, field work, and follow up on progress and products.
Projects to include hands-on instruction and field work. Cost is $1650 per day for
training including two separate days of training. Maximum cost for trainings is
$3,300.00
a. Deliverable: Completed sign in sheets for training attendees, and copies
of class assignments including employer testimonials and employer
referral per classroom participant.
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Page 13
ATTACHMENT "B"
SPECIAL TERMS AND CONDITIONS
Reimbursement for all travel related expenditures shall comply with County Travel
policies and shall include:
a. Receipts are required for payment of reservations and charges for rental
cars, including fuel purchased. Mileage reimbursement is based on the
most current published State of Washington travel per diem rates
(Attachment 2 — Per Diem Rates — As of October 1, 2016 as published by
OFM Statewide Accounting, Rev. 12/14)
b. If two or more employees are traveling to the same location of official
business during the same time period, mileage reimbursement will only be
allowed for one vehicle.
c. Airline reservations should be made early to obtain the best rate available.
Receipts and/or boarding passes must be presented as receipts for
payment of charges. Rental cars are authorized only when shuttle
services, mass transit, or taxis are not available or when a car rental
would result in a lower cost.
d. The amount of per diem authorized is determined on a per meal basis
dependent on the departure time from the contractor's primary city of
employment, and the arrival time on return to the home city. A departure
time of one and one-half hours prior to an employee's regular start time
qualifies an employee for breakfast; departure one (1) hour prior to regular
lunch period time qualifies an employee for lunch; and return at least one
(1) hour after the regular work hours qualifies a consultant for dinner. The
meal reimbursement rate for the last day of travel would continue to be the
rate for the location where the traveler last stopped to sleep and they then
meet the required return of at least one (1) hour after the regular work
hours for the employee. Traveler may not stop nor delay for a meal just to
meet the time rule.
e. Snacks and/or meals served on airlines and continental breakfasts, as
defined, will not reduce the per diem.
f. Per Diem amounts will be reduced by any of the allowed amount for meals
provided through conference registration, seminars, motel/hotel
registration,etc.. Per Diem amounts include tips and exclude purchase of
any alcoholic beverages.
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Page 14
Technical Assistance and Training Fee Schedule: 2017 - 2018
1. General Consulting Rates for training and technical assistance services are as follows:
a. $105 per hour within WA and Oregon states not including travel expenses for
Program Management staff
b. $120 per hour within WA and Oregon states not including travel expenses for
Directors of Training and TA, Senior Program Managers, Behavior Analysis
services and subcontractors performing Individual Technical Assistance(ITA)
services in WA State
c. $135 per hour within Washington and Oregon states not including travel
expenses for Executive Director and Assistant Executive Director Consulting
Services
d. While providing subject matter expertise for national projects the rate is $145 per
hour or international projects at $175 per hour not including travel expenses
e. $1500 per day for out of state work not including travel expenses
f. $1000 per webinar where WISE staff presents (includes prep time) and hourly
rates for follow up
Expenses will be on a reimbursable basis(per State or Federal Travel regulations) and mileage
will be billed at the then current IRS rates. The above rates do not include our administration
fee, cost of venues, the costs of supplying food, refreshments or supplies to participants in a
training or technical assistance. Those expenses will be in addition to training and technical
assistance hourly or day rates.
2. An all-inclusive rate for a day of training for up to 50 people may be negotiated with us
on a case by case basis.
3. Third Party Brokering (Administrative Fees):
a. A 15% Brokering Fee will be charged on any third party invoice brokered through
WISE. For any contracts brokered that exceed $35,000 in a fiscal year the
Brokering Fee will then be reduced to 10%. The Brokering Administrative Fee
covers the development of the contract, contract management, insurance, fiscal
oversight, fiscal reporting to the contractor and IRS.
b. Third party consultants may be brokered within the Wise hourly rate range per
hour unless otherwise approved by the Executive Director, and/or the funder.
c. All sub contracts must be approved and signed by the Executive Director or
his/her designee.
Revised 8/4/17
Professional Services Agreement
Page 15
ATTACHMENT "C"
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 Insured's
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.
Contractor's insurance policies shall be occurrence -based, be primary insurance and
shall be non-contributing with any other insurance maintained by Kittitas County.
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 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) StopGap/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
Page 16
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) Workers' Compensation.
■ Workers' Compensation in amounts required by law.
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 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
Page 17