HomeMy WebLinkAboutSH19-002 Professional Service Agreement - Dr. RowePROFESSIONAL SERVICES AGREEMENT
This Agreement is made by and between .Kittitas County (hereinafter "the County')
and Thomas Rowe, Ph.D. (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 the date of the last signature
below, and continue until March 1, 2020. 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. 01/28/2019)
Page 1 of 16
ROVVE"s PhD,
ire of S'gnatory
(Data.,
P ra a t Na, r r, -1:-:;; of Sig�otorj
Conb-actor ,address:
lhee, 101A 98,60 -Ir
projeot Coact:
Tho mia s Row - Ph - D.
colae;oe 2 of I
ahaP. -ve
APPROVED,
BOARD OF C0'%l-$toVTY CONEMISSIONERS
IT 'A COUN71Y, S INGTON
Chairman
vii;e-0-41- Mar,
Corrimis;sloner
Alm-st�
Clerk of the Board
Approved as to Form:
Deputj Prosed ng AlftoMey
Couts s Addre 153.4
Kit
.tftasCourt,
. . 1
205 West 50'Avsnue, Suite 108
Ellensburg, WA 9M#26
p *eCt
Km
Davison., Offics Administmto
,Pi
GE • i E RA -L C ON D MON S
1- see eofCentractor's Ser ces:
Contractor agrees to provide to the Count services and any rnatedals set forth in the
project na72tive ldcntlfied in Exhrb All during the Agreernent period. No rnaterial, labor,
or farkili�� es will be furnished by the Ccur�tj unie s ctherwi a resided for '-n the
Agreement.
. Per`iormance of Works -
Ont otor shall per'io WOiry aGoordance with■ and Shall com I with all f fl -ie
1 . l l
provisions of this Agreement. All voyor.� shall CaMplywith applicable codes and Ordinances_
3. Schedule of Performance:
Unles-s direcfted otherwise by the County, Contractor shall perform the work in a��erdance
with any schedules made a part of this Agreement.
4_ Definitions:
4.1 "Additional lr��surzads" means to Count', its sueeesSors and assigns, and
the respeQtve directors, officem., employees, agents and representatives of
the County and its successors and assigns.
4. `Suppo,rt' rneans the following: Contractor's directors, officers, employees;
-genu and representatives; and sub -Contractors, of any tier, the respective
direoterss, officers, employees,, ascents and representatives of thesesub-
Contractors Of arly tier; and any o -her person or entity acting under the
direction or cont; of of, or on behalf of, Contractor or any Contractoes sub-
- Contractors of any tier in connection with or incident to the performance of
the Work or this Agreement
4,3 The 'Mork" meam all of the duties listed in Exhibit A and the performance of
all other obligat ons, under this Agreement by Contractor or its support.
5. Account n and Payment for Contractor Services:
Payment to the Contractor for servtc s rendered under this, Agreement ent shall be as set
forth in Exhibit „E" Where Exhibit "'B" requires payr;�e by the Counfi , payment small be
based upon billings, supported carless otherwise provided in Exhibit, UrBm , bY documentation
of units of work actually performed and amounts- earned, including where appropniate, the
actual number- of days worked each month, total rumbar of hours for the month, and the
total dollar payment requested. Unless specifically 'Stated in Exhibit "EY orapp-roved in
writing in advance by the Kittitas County Beard of Corrim'ssioners, the i:;ounfi will not
reimburse the Contractor for any co,5or expenses incurred by the Contractor In
performance of this Agreement -
Where required, the Courts shall, upon receipt of appropriate documentation carpp arcate
the Contractor, no more often than monthly, through the Countyvoucher system, for the
Contractor's seNCE, pursuant to the fee sc! �ed�ie set forth ire Exhib,t ICE,,,
Professional Ser, ccs Agroemert (nev. 01/2$12019)
Page 3 of 16
6. Assignment and uhconttractin :
No portion of this Arlreement may be assigred or subcontracted to any other individual,
f rm or ent7ty Wit , alt the express and prior written appmval of the County.
7. lnd e pe nd e nt C o nFtracyto r. -
The Contractor's services shall be furrished by the Contractor as an independent
Contractor and nothing heroin contained slvi be construed to create a relationship of
employer-employee or .Waster -servant, but all payments made hereunder and all services
performed shall be made and perforr-ned purSUant to this Agreement by the Contractor as
an independent o ntra cto r.
The Contractor ackr4owledges that the entre compensaticn for this Agreement is spec
in Exhibit "B" and the Contractor is not ertatfed to any County benefits including, but not
limited to; vacationpay, holiday pay, sick leave pay, .medical, dental, or other insurance
benefits, or any other fights or privileges afforded to Kit itas County em to ees.
Contractor will defend, indemnify and hold harmless the County, its Additonal rnsured's,
0-1990ersa agents or ernpicyees from any less or expense, including but not limited to
settlements judgments, setoffs, attorneys' fees or cosi incurred b reason of claims or
demands because of breach ,�SI y
each of the pro ���ons of this paragraph.
8. No Guarantee of EMCION ert:
The performance of all or part of this A.`�r`�er�ent b the Contractor shall not operate to
� y
vest any employr n. ent rights Whatsoever and shall not be deemed to guarantee any
employment- of the Contractor or any ernployeiz of the Contractor or any sub- orVaeter or
any employee of any scab -contractor- by the Courry 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 authorimes
the County to rnake withholding for any taxes other than income taxes (i.e. Medicare). All
compensation received by the Contractor will be reported to the hnternal Revenue Bence
at the end- of the calendar year in accordance with the applicable IIS regulabons. Itis the
responsibility of the Contractor to make tho noeo ary estimated taxpayments throughout
the year, if any, and the Contractor is solely liable for any tax obligation ai1sing 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 Cantract&s failure toa
�Y
takes on compensation earned pursuant to this Agresment,
The County VA pay sales and use taxes imposed on goads or services acquired
hereunder as required by law. The contraotor must pay all other taxes including, but not
limited to: Business
ess and occupation Ta.x, taxes based on the Contractors gross or net
Professional serkes Agreement (),rev. 01/28/201 9'
Page 4of16
1. I'
income, or personal property to which she Ccuntj does riot hold tide. T1�e Cour y is
exempt fror,Federal Excise Tam
10. R8aul8tions and Re utirement:
This Agreement shall be sub*t to all laws, rules and regulations of thG Uru'ted States of
America, and State of Washington, and political sub&Aslons of tie state of Washington,
and to any other provisions sat forth hers r or in the a-ftaohed exhibits.
I I - lei ht to Resew:
T'rNs --contract i's subject to resew by any Federal or state auditor-- The County or its
designee shall have the right to review and mor'tor the financial and service components
of this program by whatever means are deemed expedient by the County. Such review
may occur With or wr u o ut not ce, and may Include, but is not limited to, on-site i rasped ori
by County agents or employees, inspection of all records or otter materials which the
County deers pertinent to the Agreement and its pencor7nancar and any and all
communications with or evaluation by sanies recipients under this Agreement. The
Contractor shall preserveand maintain all financial records and records relating to the
pe i ' rmanoe of wor'X under this Agreement for 6 years after cor �t-aot termination, and shall
make them aNraflabie for such r81Aew, within Kittitas County, State of Washington, upon
req nest.
12. Modifications:
12.1 Either party may request charges In the Agreement. Any and all agreed
modificationsshall be inrAM'bnq, signed by each of the parties -
122 -Tne County may, at any time, by» ten notice thereof to C oOra c for
("Change Notice") makes changes in the fti1K within the general scope of
this Agreement, including, but not limited to: (a) changes in, revisions to,
substitutons for, additions to or deletions of any Work] (b),changes it t
schedule; and (c) accslera�'on, decalembon or suspension of performance
of any Wo riK.
12.3 If any cl range in the WorX causes an increase or decrease on Contra es
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,madeto reflect such an increase or
decrease.
-12.4 Not ivi the to nd i ng any dispute or delay in arriving at a rn LALOIIY 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 Country a wn'tten statement settsnq forth any adjustment clairned.
Profess!Q gal Ser kes.Agreerm nt (rev. 0112812019)
Page 5 of 16
If any change results in a d�Cr�c��� in e ��icrl� serf
. ormed, Contractor shall
b= entitled to com,pensa;cn sccited witchanging er'K, such as
revising design
already completed, re; Sirig ca;culatlons a;ready performed,
and rs`, irtg documents.
13. Termination for Deftault-
I'f e Contractor de -faults by falling to perform anyof the cbli
becomes insoiv,� gatiens of � Agre.�l��ent or
erg or is declaread bai �krupt or commits any act of ban . tc� or
e•r �zkas all8ss;gt�ment for e bn p � Irtsol�cy
efit cf creditor3, the cour may, by depositin written
notice to the CctTtractor in the �.�- mail Esta �
t�e Cout� � � Postage prepaid, terrnir,�tc the �gr�ernent: and at
ty on, cbtafn performance �f t�';� wcelsewhere. If �h
#eir��ted for de•faUlta the Contractor � � �g�-��m�r�� r�
for shall rot be ertitied to receive any furthereats
under the Agreementntii SII wo called ler h Ym
s been f�,�lly Performed, Any extra cost or
damage to the County resulting from such default(5) � ) shall be deducted frim any money
due cr coming due to the Cortractor_ The Contractor shkail bear an
incurred by the cur<ty in corn lebn � � � e��en�es
r p e wok, and al! damage sustai reed, or whi ch maybe
sustained by the County by reason of such default_
Y a notre of terminaJon for default has been issued and it Es latter determined for any
reason that the Contractor- was not in default, the rights �r�d
be the Sarre aS if g obilgaticns of the parties shall
the notice of t�r�i�ati�r� had been issued ur�u;�r' '
Public Ccnver;iet�ce ara ra l� �t to the �"erm�n��cn for
ph hereof,
14. Termination for Public conver�ence.
The County May terminate -the Agraement in whole
deterr�Fr��s, in its sale di �r it dart wherever the County
cretien that such termination is in the best interests of the
Ourty. Whenever the Agreement is terminated it
accordance with this paragraph, the
Contractor shall be entitled tQ Payment for actual Vvor�+ •
� �erf�r`rned at unit contract paces for
completed iters Of work. In the event of such termination
be rade in the compensat-
ion a an equitable ad�usent shall
p anon payable to OW2 r.
An equitable adjus#rent in the contractOce fc�r art' � i
made p �alf� completed �ter� �f work w�li ��
but �ucn ad�ustr�ent shall r�c�`t include rc�.�s��r� for � .
delated or Uncompleted� , less 4f anticipated profit on
wcr4�_ T rmination of this Agreernert b the tau
durir�g �e teem; whether ler d y '.� a.t ar�� ��e
default or ccnu+�nier�ce, shall rat constitute reach
cor;tract by the County.
b of
y
15. Defense & Indernnily Agreement:
The Contractor agrees to and shall defend ind ernni
hy and held harmless the Cot-rraty, its
Add1#ional Insureds, appointed and eleeti��t officer
ager and employees, from and
against all Ic-��s or cense, includingbut r7ct limited
fees and costs b� r d to judgments, sottierrrenfi�, attorr�e�s
f ea on of ar�y and a.ff Claims and demands uuorr the Ccurttj
professional Z'3prkes Agr4vrrert (rev. 01128!2019)
Page 6 of 16
Addis ona l L r d' ; its electad or appointed oil of als, agents, or et j plo;Qe,5 for dannag a�s
bemuse of personal or bodily injury, including death at any t me resulfirg therefi'cm,
sustained by any person or persona and on account of damage to property including loss
of use thereof, whether si�Qh injury to persons or damage to prloper�/ is due to to
reglig e of c entractor, its sub-Ccntractcrs, its electsd oifi ^er�l employees or their
agl.:ants, except only such injury or damage as shall have been occasioned by the sole
negligenceof the Country, its Additior7al Insureds, appointed or elected officials, agents, or
empioyees. It is further provided that no liability shall attach to the Cour;ty by reason of
entering ir�o #hi,5 contract, except as expressly prodded her8in_
10'. Industrial lrs era nce Waiver:
With rasp ct to the performance of this Agreement and as to claims against the County its
A i �' � � �- y?
dd tonal IrSLrad s, c#�ice , agents and employees, the Contractor exprassly waive's its
Immurity under Title 51 of the Revised Code of washin ton, the Industn"al Insura400 Act
for ii�tursLt,s to fts employees and a0r=es that the obligations to indemnify, defend and hold
harmless pr'c�Aded in this agreilnment 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 Choics of La v:
Ir the event that any litigation should arise concerning the construction or interpretation of
any of the terms of this Agreement, the venue of such codon of litiga�on shail be in the
Superior Court of the State of Washington in and for the Courty of Kittas. This
Agreer,ent shall be governed by the law of the Mate of Washington.
18. Withholding Payment.
In -the event the Contractor has failed to perform any obligation to be performed by the
Contractor under 1Y8 Agreement W�h
in the time set forth in this Agreement thea the
o n y may, upon written notice, withhold all monies due and payable to Con dor
a
withoLA penalty, until such failure to p8rform is cured or other4vise adjudicated.
19. FLAure Non -Allocation of Funds:
if suf,5cient funds are not appropriated or allocated for payment under this Agreement for
any future fiscal period, the will �
y p Count~, will not hek obligated to make payment .for services or
arncunts incurred after- the end of the currant fiscal po110d. No penalty or expense Shall
accrue to the County in the event this provAsion applies.
20. Contractor Commitmer , Warranties and Represertatjon5:
The Contractor represents and warrants to the County as follows:
20.1 The Contractor is duly incorporated, validly e;istincg ar►d in good standing
under the laws of the Mate of Washington, and has all requisite corporate
power and cl cr;fiy to eater into and to perform its obligations under this
ul
Agreement.
Professional Sarkes A.qrernent (rev. 01/22/2019)
Pap 7of16
n, Tn e Cor ;tractor has the a utho r i t j to t; is A g re e nne n t, tc make the
reortetisentatons and warranties set forth in it and to perform the
obligations of the Contractor ursder this Agreement in accordance with Its
term.
20,3 This Agreement has been validly executed by an authod2sd
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 commer arnent da:e such
licenses, pen - nits and other authodzator s from fpdQ I 5tate and other
governmental authontes, as arc Necessary for the performance of its
obiigations under this Agreement.
20.5 The Contractor is riot in violation of any applicable law, ordinance or
regulation tie corsequence of which will or may matedally affect
ontractcr's ability to Perform its obligation Z under till Agra-,.ment- The
Contractor is not subject to any order or judgment of any coin tribunal or
gover mer tal agency Which materially and ladversely affects its
OPeratons or assets in the State of Washington, or its abilittj to perm
its obligations under this Agreement'
0.6 None of the representations or warranties in this Agreement, and none of
the documents, statements, certificates or schodulo� furnished or to be
fumished by Contractor pursuant hereto or in connecton with the
performance of the obligations contemplated under this Agreement,
Contains or W-11 contain any untrue statement of a material fact or omits or
will omit to state a material fact neves,5ary to make the statements of fact
coNtained thein not misleading,
1. Patont/Co v�,ht Iriftin ement.
Contractor will defend and indemnify the Court from any claimed actioN, cause or
deM2nd brought against the Count, to the extent such action is based on the claim that
irdormation supplied by the Contractor infnn es an stent or copyright. Contractor
� Y � ��� t. The
WE pay those costs and damages attribLIable to any such cairns that are finally awarded,,
aga.in$t the CourV in amj action. Such defense and payments are conditioned upon the
follows ng:
21.1 Contractor shall be notified promptly in wftng by County of any notice of
sLIch clairn-
21.2 Contractor -shall have the right, hereunder, at its option and expense, to
obtain for the Countj the right to continue using the informabon, in the event
such claim of infringement is rade, provided no reduction in performance or
lass re s uts to the County.
22. Disputes:
22.1 General
Differences between the Contractor and the County, arising under and by
virtue of the Agroemer� Documents shall be brought to the attention of the
Professioral erg cis AgrPemert (rear, 0112812019)
Page3of16
cu 'Y at the earliest possible time in order that such matters may be settled
or otf ler appropriate action prom, ptlytaken_ E pt for such objections as are
made of ral ord in Lhe rnanrer hereinafter specified and within the lime limits
stated, the records, orders, int ctior�s, and decislQri5 of the Kltdta.s County
ornmis. ioners sell be final and conclusive,
22.2 Notice of Potential Claims
The Contractor shall not be entitled to additional compensation which
otherMse may be payable, or to axtenslon of timt! for (1) any act or failure to
act by the Courty, or (2) the happening of any event or occur, once, unless
the 00ritractor las given the County a written Notice of Potential Claim
within ten (10) days of the cornmerrce.,ment cf the act, failure, or event giving
rise tc the ciai t, and before final Payment by the Courcy, The written Notice
of Potential Clain shall set forth the reasons for which thie Contractor
behaves additional ccr-11pensation cr G�nsion of time is die, the nature of
the cost Involved, and insofar as possible, the amount of the potential claim.
Contractor shall keep foil and complete daily records of the woree ormed,
and �
a. d material used, and all costs and additional time clairmed to be
additional.
22.3. Detailed Claim
Tne Contractor shall not be entitled to claim � ..
.. a m any such a,..d�tronal
compensation, or extension of time, UpJess Wthin thirty (30) day of the
ccrnpleEon of the Porticn of t< e work from which the claim arose, and before
final payment by the Cour:ty, the Contraotor has given the Count a detailed
written statement cf each element of cost or other compensation requested
and of all elements of additional time required: and copies of any supporting
documents evidencing to arnourt or extension of time clairned to be due.
23_ ownership of Items Produced:
All wrffings, programs, data, public records or other matar als prepared by the Contractor
andlor its Consultants or sub -Contractors, in correction withP erformance of this
Agreement shall be the sole and absolute properly of the County.
24. Corfdentral'I .
The Contractor, its employees, sub -Co ctors, and their~ employees shall maintain the
confidi�)ntialitt/ of all information providsd by the County or acquired by tree Contractor in
performance of this Agreement, except upon the prior written consent of the Kittita-i
County Prosecu� ng Attorney or an order. entered b a court .
. y after having acquired
jurisdiction over the County. Cont -actor shall immediately give: to the Coe notice cf an
County Y
judicial proceedings seekIng disutosurs of such information. Contractor shall indemN
and hold J�arnnie��, h - . , fji
.�� t oul�fiy, Its Add�tiona! Insured's, c fficlals, agents or employees from
Profesasion ! 0 pAa Agreement (rw. 01/28/2019)
Page 9 of 16
ail loss or expo>nse, including, but not lirni ed to set ]erre ts, judgments, sato, at orne�
fee.s and costs resu t ng from Contractor's breach of this proL1si on.
To the eluent that any information chtained by the ccntractor is r8lcijirad to he shared with
or provided to others ty the terve. of the Statement of tieWork, t.hsr .nisi ori . _.
is
c not
breached by such allt�.
25. Ncttce:
E ept as .5 -.et forth elsewhere in e Rgreementt, for all purposes under this Agreement,
,)�^ept s,ervire of Prcc6ss, notice shall be given by the contractor to the de art{nent head
of tf e department for v hOm servicas arp. randered, 2nd to ttie Kitdtas County
cornmissicners05 ��� ��,l
, Ave,, Suite 108, Ellensburg, WA 98926- Notice to the
Contractor for all purposes under this Agreement shall be given to th,e addr ss reflected on
ie signature page. Notre may be given by delivery or by deosi yin in the US, Mail, fir
ciassa postage prepaid.
l� � �t
26, eyerabilir.
any tarsi or condition of this A reemerit or � application � is
,tion #hercect to any person(s) or
circumstances is held invalid, such invalldlty st-211 not affect other terms,conditions or
applications wh.ch can be given affect WbOLA the invalid term, Condition or applicaton. To
thise end, the tarand conditions of this Agreement ars declared � v cable,
27. Miscellaneous.-
- 2.7.1 The _gunttls 6ilure or delato irisist upon y � � Strict performance of any of the
PrOViSlOns of this Agras- ment or to exercise any rights cr ramedies under tl ►►ts
Agraanient shall riot he construed as a waiver or mlin uishrnei �t to an
exte -
of its right t � � or
Y
g o assert or rely upon any such prmAsions, n hts
remedies in that or any other instance; rater the same shall al be and remain
in full force and' effect.
27.2 Tnis Agrearne.rt embodies the ertre Agreement between the County and
Contractor, and supersedes any and all prior agreements, regarding the
Work. No changer amendment or modification of any provAsIons of this
Agreement shall be valid unless set forth in a written instrument signed �Y
th+e Palty to be. bound thereby.
�
27,E The rights and remedies of the Court set forth in a. rm,isicn '
� any � of this
Agreement are in addition to and do not ire any way limit an other rights of
remedies afforded to yg
the County by any other pra�Asions of tis Agreement,
by any of Contractor 3S uPpart or by law.
27.4 The headings of sections and paragraphs of this r Agreement are for
o
convenience of reference only and are not intcndsd to restr'ct, affect or be
cf any weig-ht in the interpretation or construction of the prmksiors of such
sectons or paragraphs,
Pro sional Spices Agreetnert (rev 01/20m/2019)
28. We1-ver-
Vvaivr of any breach or condition of this Agreement shall not be deorad waiver of any
prier or subsequent breach. No teras or conditons of tt;iz Agreement shall be held to be
waived, mcdifAd or deleted except by an inst-urr ent, in wri,-Unq, x5igned bthe panes
#art- y
9- ur0VI'yal:
The provisions of paragraphs 7, g,11, 13, 14, 10, 10, 17, 18, 191 20, 21, 22, 23, 24, 28,
30: 31, and 32 shall surAve, notwithstanding the termination or invalidity of this Agreement
for any reason.
30. Nondiser'r'niration:
30.1 The County is an equal opportunity employer.
30.2 Nondiscrimi nation in Emoigyment
In the p e rfo rm a nca of this Agreement, the C o nta cte r WI'11 not
discriminate against any employee or applicant for employment on the
grounds of race, creed, color, national origin! seg, sexual orientation,
marital status, age or the prssersca of any sonsary, mental or
physical handicap; pro\Aded that the prohibition against discriminiation
in employment because of handicap shall not apply if the ri
... p pj y pa ��uiar
disability ,prevents the proper performance of the particular wo�Ker
salved. The Contractor shall ensure that applicants are employed,
and that employees are treated during employment witout
discrimination be ulse of their race, creed, color, national origin, sex,
- - sexual orientlon, marital status, age or the presence of any sensory,
rental -�
or physical .handicap. Such action shall include, but not be
limited to: employment, upgrading, deamotpn or transfers, recruitment or
recruitment advertising, layoff of termination, rotes of pay or other
forms of compenaaticn, 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
looal p
sta�re and federal laws prohibiting discrimination in employment.
30.3 Nondiscrimination in Services
T Contractor will not discriminate against any recipient of any services
or berets prmAded for in this Agreement on the grounds of race,
creed, ration lngin, sex, sexual orientation, marital stats, age or
the presence of any sensory, mental or physical handicap,
30.4 if any assignment and/or subcontracting has been authorized by the
County, said assignment or subcontract siall include apprepnate
P rofes8lcral Bemires Agreement (rev. 01/'28/2019)
Page 11 of 16
safeguards against' di,5criminatcna i ,e Ccrltroactor shall tale suer
action as may be raqu?ired to ensure full compliance with the
pre\Aslons in the imniediiately preceding paragraphs herein,
3-1. Prep3_ iInq Wngtt..
Contractor shall pav the prevailing rate of Wa.aes to all workers, laborers, of mechanics
employed in the performance of any part of the Work in accordance with RCW 39-12
apd the rules and regulations of the Department of Labor and Ind 1 he h 1
n T sc ed e
of prevailing wages rats for the locality or localities of the Work is deteined by the
Industrial StustistiCiari of the Department of Labor 2nd 1ndust:,1'es. It is the Controctoes
respon ibilit1 to verify the applicable prevailing wage rate. It is understood that Lhe
Contractor is responsible for obtaining and completing all required � �ve
went forms
and submitting saneto the proper auhohbes.
ai-pates regarding prevailing wa98 rates shat e referred for arbitration to the Director
of the Department of Labor and Industries. The arbitration decision shall be final and
conclusive ard binding on all parties involVed in the disputa as provided for by RCC
9.12.060.
32_ Debarmpr-; Ce6fication:
Tide Contractor c4a that it:
ID Is not presently debar, ed, suspended, proposed for debarment, decf2red
ineligible or voluntarily exciuded from covered transactions by any Federal
d�par tment or agency.
32.2. Has not within a three-year period prscetding the executcn of this contract
with Kittitzs County, been coNcted of or had a civil judgment rendered
egeinst ftm for cOmmission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or peftrming a pudic or private
agreernent ar transe icn, violation of f=ederal or state antitrust statues or
commission of Mbezzlement, theft, forgery, bribery, faleiftation or
destruction of records, making false statements, taxevasion, receiving
stolen property, making false claimsr or obstruction of justice.
32.3 Is not presently Indicted for cr otherm'se criminally or civilly charged by a
governmental entity/ (Federal, Mate, or focal) with commission of any of
the offenses an�umemted in paragraph 32.2 of this socbon.
32.4 Has not within a three-year pedod preceding the preceding the execLrtion
of this contract with lei ttitas County had one or more public transactions
(Federal, Mate, or local) terMninated for cause of default.
Profess ca! S er�cas Agraerrent (rev. 0112312019)
Page 1f 1
!-t 1,-f 74 j —
EXHIBIT 'Ale
SCOFF of WOR
In addition to providing all mnteriai and 12bcr, ft Contractor shall perform the foilowin
Conduct PSYChOlOiciCal evaluations 'ricluding related interviews of applicants for
employment or reserve � � , �
s rvicin upon request key the Kittitas County Snenffs
orae.
Prepare and convey reports of ti joss psy`c�,Ologi cal firdings and applicarit
e aluatiOr S to the Kiftitas CoLrttj Sheffs of�,Ca.
* The.5a evaluations shall be Conducted in ccrnplianoe VAth, and as mandated b
the ravisions of F 43.1 o1.o 5(2)(a)(ji), and WAC 13:9-07-,030,and any
prolusion rcw in e.cstonce or enacted during the Period of this Professional
Services Agreement ., including any extension thereof. No examin2ton or the
sults thereof may be fLlrt>er disseminated or used for can purpose other than
as al'lo�ved by R 43. 101,095 � p �
o1.095 or WAC 139-07-030. All materials `elated to the
examiri.qtion and its results shall be seouned in a manner consistent with WAC
13 -07-030(l)(d) and any other aoplicablP statP, and federal statutes and
regulations, including the ,means of pro�jding such results or rat=�.
als to the
ittitas County Sheriffs Office. Tne contractor is solei responsible for
implementation f � t�
such safeguards and for any breach or violation thereof.
* Warrant that he or she is familiar with and in compliance with the standards
referenced above and incorporated herein by reference
The services stated above will be conducted at the COntractor'slace of business,
Cont -actor will not utilize �" The
ze an automobile, whether awned, non -owned, hired, or leased, to
Provide these seNcesforitta ' County.
PrOfession;al St�%,+ces agreement (rev. OV28/2019)
Page 13 of 10
EXH ]BIT "B 11
COMPENSATION
As fail compen�5a�Cn for 5atisfactcry performance of t, e wore,<t the County Sh211 pay
Contractor compo ation riot to exceed $600.00 per appiiCart eV'4'- I U2 tion.
Profpsa-icral Ser -Aces Agreement (rev. al 1128/2019")
Page 14 of 15
PROOF OF INSURANCE
The contractor shall secure and maintain in effect at all times es dunng performance of
the . Work such insurance will PrOtinction#ra _ .
- Contractor, � t� � .�� � a � � ���! the A d d �. o na i
Insureds front ail olaimSa losses, Farm, costs, liabilites damagesarisingi
out of coral in'�r� � 1 � and �en�a�
j including deaths or propertj damage that may .result ��
performance of the work � �I�
or Arernent,#�ethruperformance is by
Contractor car any of its support. -�
All insurance shall be issued by companies admitted to do business
Washington ard have _ f.n the taxa of
rating of A-, Clad% Vli or better in tl-,,e most recerti published
ed�tron olBest's Pjnoorts ur les- ' Y
J t tl ie[Imse approved by ti�e County. If an insurer i�s net
adrinitted, all insurance poli of os and procedures for issuing�� ' '�
oernpl}r �nri-t�� Chapter- ��.�� insurance polrcr�� must
CW and 284-1 WAC.
The Contractcr shall provide proof of Insurance for:
}
Commercial General L'
labilitv lriuran+
Coverage limits not Jess then:
1,000,000 per occurrence perproject
2,000,000 general aggregate
Certificate Holder T- iiitbtas o i
■ The Cert flcate must name the Count as additional `n
defined in � � � �ur�d ��
e Agreerner�
■ is / (80) days written notice to the Courjof cancellation
of the insurance policy,
} Profe'ssfonal Li�
The Contractor and�or its Subcontractor shall provide e�A d encs of
Profas�ion l Liahili ty insurance cove6n professional
Such policy 9 p onai err�r� and �rni�sions.
y must provide the folloiMng minimum limits:
■ $1,000,000 per Claim
$3,000.,000 annual aggregate
If insurance is on a claims -made form, its retroactive date, thatof all subsequent r
etlew;als, shall be no later than the effective date
of this Agreement
Profassicn,il Ser ices Agrae-ment (rev. 01/28/20-19)
Page 15 of 16
.�-
f Campensat'on in arnounts requirad by law.
4 j Stag Gao/EmplojTei's liability
Coverage limits not less than;
1,000,000 each accident
• $1,000,000 disease — policy limit
0 $1.100O)OCC dl�easa — each employee
Thirty (30) days written notlee to the County of cancellation
of the in,5urance p e li ey.
entr;�ctcr shall furnish the County a Certfieate of Insurance. with Endorsement as
eNAdenca that policies providing insurance required b thf-S Agreement '
,� � y are in dull force
and effect. Contractor hereby waives jail r'gMs of recourse, including any right to which
anther may aains itr;aeunty for prnal injur~ , �nludln,
and rr� � e r� damage. m� e . � � tri �t � t � �, � - � '� .
p Contractor's *insurance polices required above shall be prlrna�
insurance and .shall be rion-contributing : ributin Wth a e
9 � thea insurance maintained by itfit�s,
county—
The Oortraeter shall assume full respensibilitbl for all lesos or an damage from cause
� y
whatsoever to equipment, property, or motor vehicles of ned or ranted by the
ontrayter7 or the Contractor' nt , .
pplir or suboontactors.
The Contractor shall have; sole r spensibi Iit~y for ensuring the insurance coverage and
limits rewired are obtained by subeerrtractcrs_
OTE. No contract shall form until and unless a copy of the �r
ficate of Insurance
tnr;th Endorsement, proper'
iy completed and in the amount required, is afteched hereto.
Prr,fessiona) Ser,Aces Agraen-ent {rev 011281101,9}
Page 16 of 16
C1-1UBB'
AC American lnsui artca
Company
F� DUC-� �JU1�tBc� i 273305
Psychclog i;ts4 Prollessional Liability
Claims Mamma lnsura^ce
Poli y Declarations
j'0 18
I CA •� uf-- it SJ{.JE � ia�o �i'? icor ?J
, '2
PSYCHOLOGISTS' PROFESSIONAL LIABILITY
CLAIMS NIA ' INSURANCE POLICY
NO
TICE: T l A CLAIMS MADE POLICY, PLEASE READ THE POLICY CAR�r"-LILLY
THIS POLICY/CERTL9CATE IS ISSUED �T ASSSIOCIATIONIT WITH THE PSYCHOLOGISTS PURCHASENG
GROb? ASSOCIATION
1 141.em
_F
FOLICW11ERTIrIt.tA'E itlLliV E'R. 58G22 i 9142
t
1
Named Insured: Thomas Rowe
1.
Addrsss: Po Box 1946
Cite, State & Zip Code: Wenatchee., SVA 96807 1946
2.
Policy Pefiod: From: 12.101,'2018 To: 12101/2019
2:� .,bl. !CC3! gime at t�=e address shownin !tem 1.
3.
CCVHRAGEE LIMITS S OF LIABILITY PR2"MIUM
f
Professioral Liability $1,OCC, 000 Each Incident $3,000,000 Aggregate
Wrongful. EjrnPloymant $5,000 Aggregate $-14.00
Pr3ctices
- f
Licensing Board Defense $50,000 per Procee ting $45.00
Cther Governmental Regulatcry $10,000 per Proceeding
Eddy Defense
Deposition ExperSe $5,000 per lnsurad
Premises /Medical Payment $2,500 per Person $75,OCC Aggregat.e
Assault and/or Battery $ ;,000 Aggregate
Loss of Earnings 1$500 cer Day, cer insured 1 $15,000 Aggregate Per Incident
Surcharge(s)
Total Premium � $ :59.00
4.
Retroactive date 121011/1991
5.
This policy is made and accepted subject to the printed conditions in this policy together with the provisions, stipulations and
agreements contained in the following form(s) or endorsement(s).
PF15215a, PF33748 , PF15217a (05107), CC -1 K11 i (02/18), PF15245a, PF15313b, PF17914 (02/05),
o.
notice of clay should be sent to:
All other correspondence should be sent to:
Trust Risk Management Services, Inc.
Trust Risk Management Services, Inc.
111 Rockville Pike Ste 700
1791 Paysphere Circle
Rockville IMD 29850
Chicago, IL 60674
7.
R E P R E SE IN TA T 1 V E., Agent or broker-:
Trust Risk Management Services, Inc.
Office address:
1791 Paysphere Circle
i
Citty, State, Zip
Chicago, IL 60674
Website:
w".trustinsurance.com
Phone:
1.877.537.9700
P=-131/ 3a (1.41;;7) O 2007 The Trust
k
S��rata��
Washington State Department of Health
By tea authority cf Chaster 18.83 ROW this par -^n
1
Thomas B Roes
3 f S g 7121-11
L,
e a.
- --z;
.T
status
ACTIVE
Ef lacti v., Data Initial011,14,1987
Cr ,dential Nur! f it
py CCC()1128
xpi ra to r, Dater
0wc1 C 1201: