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HomeMy WebLinkAboutPSA Dr. Thomas 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 01/28/2019 20:15 5095531152 · (~ ~N WJTNESS WHEREOF. the parties have executed this Agreement this /q-fiJay of .JL.U.;., 2019. . THOMAS ROWE , Ph .D. APPROVED :. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY , WASHINGTON ,,¢,___f?=fo0 Signature of Signatory (Date , -:i.. 8 ~1 <rw ) ~ Chairman I ::c == ----- Contractor Address: 115 S, Chelan Street Wenatchee , WA 98807 Project Contact: Thomas Rowe ,.Ph.D . Professional Serv!oes Agreement (rev. 01t2e,t:2019 ) Page2 of 16 ABSENT . g Attorney County's Ad ress: Klttitas County 205 West 5th Avenue, Suite 108 Ellensburg, WA 98926 Proj~ct Contact: Kim Dawson , Office Administrator PAGE 02/02 01 /28/2 019 15:2 5 50%53 1152 GENERAL CONDITIONS 1. Scope of Contractor's Services: PAG E 0 4 /1 7 Contractor agrees to provide to the County services and any materials set forth in the project narrative identified in Exhibit uA" 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 d i rected otherwise by the County, Contractor shall pertonn the work in accordance w ith 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, office~, employees, agents and representatives of the County and its successors and assigns. 4.2 USupport'' means the following : Contractors 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. Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Extiibit "B''. Where Exhibit "B" requires payments by the County, payment shall be based upon billings, supported unless otherwise provided in Exhib it ."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 Exhibit "B" or approved in writing in advance by the Kittitas County Board of Commissioners, the County will not re i mburse 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 setforth in Exhibit "B". Professional Ser-Aces Ag reement (rev. 01 /28/2019 ) Page 3 of16 0 1 /28/2 019 15:2 5 50%53115 2 PA GE 0 5 /1 7 6. Assignment and Subcontracting: No portion of this Agreement may be assigned or subcontracted to any other individual, firm or entity without t:11e 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 here in 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 lnsured '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. Medic._3re). All compensation received by the Contractor will be reported to the ~temat 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 Ser.ices Agreement (rev. 01/28/2019) Page4of 16 0 1 /28/2019 1 5:2 5 5 0 %5 3 115 2 PAG E 05/17 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 Agree~ent 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 i ts 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, a nd 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 i n, 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 A Notwithstanding any dispute or delay in arrivtng 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. Profess ional Services Agreement (re v. 01/28/2 019 ) Page 5 of 16 01 /28 /2 019 15:25 50%531152 PAGE 07 :....:/1=--:.7 __ 12.5 If any change results in a decrease in the Work performed, Contractor shall be entitled to compensation associated with changing the Worn., 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 tenninated 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 Cpntractor 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 Ser.1ces Agreement (rev. 01/28/2019) Page 6 of 16 01 /2 8/2019 15:2 5 50%531152 PA GE 08/1 7 Additional lnsured 's , its elected or appointed officials , agents , or employees for damages because of personal or bodily injury, includ i ng 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 C aunty, its Additional lnsured '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 emp loyee of the Contractor. This waiver js 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 i n 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 pena lty, 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 Set"'1ces Agreement (rev. 01/28/2019 ) Pa ge 7 of 16 01 /28/201 9 1 5:25 50%53115 2 PAG E 0 9 /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 valid ly 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. 2 0.5 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 perlorrn 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 ob ligations 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, conta i ns 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 contai ned therein not misleading. 2i. 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 21.2 22 . Disputes: Contractor shall be notified promptly in writing by County of any notice of such claim_ 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. 22 .1 General Differences between the Contractor and the County, arising under and by vlrtue qf the Agreement Documents shall be brought to the attention of the Profess ional Seniices Agreement (rev. 01 /28/20 19 ) Page8of16 · 01 /28 /2019 15:25 50%531152 PAGE 10/17 County at the ear1iest 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 peliormed , labor and material used , and all costs and additional time claimed to be additional. 22.3 . Detailed Claim Toe 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 ti me 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 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 lnsured 's, officials, agents or employees from Professional Ser.1ces Agreement (rev. 01 /28/2019) Page 9 of 16 01/28 /2 019 15:2 5 5 0 %5 3 1152 PAGE 11 /17 all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys' fees and costs resu lting 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 tern, or cond ition 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 whi ch 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 1he 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 remai n 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 ta and do not in any way limit any other rights of remed i es 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 of any weight in the interpretation or construction of the provisions of such sections or paragraphs. Professional Ser\1ces Agreement (rev. 01/28/2019) Page 10of16 01 /2 8/2019 1 5:25 50%531152 PAGE 12 /17 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 EmPlox"JTient In the performance of this Agreement, the Contractor wi ll 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 trec1ted 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 , demotiqn 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 i n 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 . 30.4 If any assignment and/or subcontracting has been authorized by the County, said assignment or subcontract shall include appropriate Profess iona l Se™ces Agreement (rev. 01/28/2019) Page 11 of16 01 /28 /20 1 9 15:2 5 5 0%5 3 1152 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 perfom,ance 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 obtaini ng and completing all required government forms and submitti ng same to the proper authorities . Disputes regarding p revailing 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 Certificati on: The Contractor certifies that it PAG E 1 3/17 32.1 Is not p resently debarred , suspended , proposed for debarment, declared inelig i ble or voluntari ly excluded from covered transactions by any Federal department or agency. 3 2 .2 Has not within a three-year period preced i ng the execution of this contract wi th 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, maki ng 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 i n paragraph 32 .2 of this section . 32.4 Has not within a three-year perjod preceding the preceding the execution of this contract with Kittitas County had one or more public transactions (Federal , State, or local) tem,inated for cause of default. P rofessional Services Agreement (rev. 01 /28/2019 ) Page 12 of 16 0 1 /28/20 1 9 1 5 :25 5 0%5 3 11 52 EXHIBIT "A" SCOPE OF WORK In addition to providing all material and labor; the Contractor shall perform the following: • Conduct psychological evaluations including related interviews of applicants for employment or reserve service upon request by the Kittitas County Sheriffs Office. • Prepare and convey reports of those psycholog i cal findings and applicant evaluations to the Kittitas County Sheriff's Office . • These evaluations shall be conducted in compliance with, and as mandated by, the provisions of RCW 43.101.095(2)(a)(i i ), and WAC 139-07-030, and any provision now i n existence or enacted during the period of this Professional Services Agreement, including any extension thereof. No examination or the results thereof may be further disseminated or used for any purpose other than as allowed by RCW 43.101.095 or WAC 139-07-030. All materials related to the examination and its results shall be secured in a manner consistent with WAC 139-07-030(1)(d) and any other applicable state and federal statutes and regulations, including the means of providing such results or materials to the Kittitas County Sheriff's Office. The contractor is solely responsible for implementation of 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. PA GE 1 4/17 The services stated above will be conducted at the Contractor's place of business . The Contractor will not utilize an automobile, whether owned , non-owned , hired, or leased, to provide these services for Kittitas County. Profess ional Services Agreement (rev. 01 /28/2019 ) Page 13 of16 01/28/2019 15:25 5095531152 EXHIBIT "B" COMPENSATION PAGE 15/17 As full compensation for satisfactory performance of the work, the County shall pay Contractor compensation not to exceed $600.00 per applicant evaluation. Professional Sen.ices Agreement (rev. 01/28/2019) Page 14of16 01/28 /20 19 1 5:2 5 50955 31152 EXHIBIT "C" PROOF OF INSURANCE PAGE 1 5::.:../-=1...:...7 __ 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. A U insurance shall be issued by companies admitted to do business i.n 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 wi t h 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 • 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) Professional Liability The Contractor and/or its Subcontractor shall provide evidence of Professional Liability Insurance covering professional errors and omissions. Such policy must provide the following minimum limits: • $1,000 ,000 per Claim • $3,000,000 annual aggregate • If insurance is on a claims-made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Agreement. Professional Ser.1ces Agreement (rev. 0112.8/2019) Page15of16 01/28 /2019 15 :25 50%531152 PAGE 17/17 3) Workers ' Compensation • Workers' Compensation in amounts required by law . 4) Stop Gap/Employer's 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. 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 shaH 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 equipment, property, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or subcontractors . 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 w ith Endorsement, properly completed and in the amount required, is attached hereto. Professional SeNces Agreement (rev. 01 /.2 8/2019) Page 16of16 / Psychologists' Professional Liabil ity Clalms Made Insurance Policy Declarations ACE American Insurance Company I PRODUCER NUMBER 1 273865 DATE OF ISSUE I November 26, 2018 PSYCHOLOGISTS' PROFESSIONAL LIABILITY CLAIMS MADE INSURANCE POL1CY NOTICE: THIS IS A CLAIMS MADE POLICY, PLEASE READ THE POLICY CAREFULLY THIS POLICY/CERTIFICATE rs ISSUED IN ASSOCIATION WJTI-1 THE PSYCHOLOGISTS PURCHASING GROUP ASSOCIATION Item POLICY/CERTIFICATE NUMBER: 58G 22169142 Named Insured: Thomas Rowe 1. Address: Po Box 1946 City , State & Zip Code: Wenatchee , WA 98807 1946 2. Policy Period: From: 12/01/2018 To : 12/01/2019 12 :0 1 A.M . local time at the address shown in Item 1. 3. COVERAGE LIMITS OF LIABILITY PREMIUM Professional Liability $1,000,000 Each Incident $3,000 ,000 Aggregate Wrongful Employment $5,000 Aggregate $51 4 .0 0 Practices REIMBURSEMENTS Licens ing Board Defense $50 ,000 per Proceeding $45 .0 0 Other Governmental Regulatory $10 ,000 per Proceeding Body Defense Deposition Expense $5,000 per Insured Premises Medical Payment $2,500 per Person $75 ,000 Aggregate Assault and/or Battery $1,000 Aggregate Loss of Earnings $500 per Dav, per Insured $15,000 Aaareqate Per Incident Surcharge(s) Total Premium $559.00 4. Retroactive Date 12/0 1/1991 5. This policy is made and accepted subject to the printed conditions in this policy together with the provisions, stipulations and agreements conta ined in the following form(s) or endorsement(s). PF15215a , PF33748 , PF15217a (05/07), CC-1 K11 i (02/18), PF15245a, PF15313b, PF17914 (02/05 ), 6. Notice of claim should be sent to: All other correspo ndence should be se nt to: Trust Risk Management Services, Inc. Tru st Ri sk Management Services, Inc. 111 Rockville Pike Ste 700 1791 Paysphere Circle Rockville MD 20850 Chicago, IL 60674 7. REPRESENTATIVE : Agent or broker: Trust Risk Ma nagement Servi ces, Inc. Office address: 1791 Paysphere Circle City , State, Z ip Chicago, IL 60674 Website : www.trustinsurance.com Phone: 1.877.637.970 0 PF-15215a (04/07) © 2007 The Trust Secretary Washington State Department of Health By the authority of Chapter 18.83 RCW this person . I Thomas B Rowe Status ACTIVE Effective Date 08/22/2018 Initial Issuance 01/14/1987 · Credential Number . PY 00001128 Expiration Date 09/05/2019 Kittitas County Review Form Grants & Contract Agreement Today's Date Agenda Date February 6, 2019 February 19, 2019 Fund/Department 30 / Sheriff Contract/Grant Information Contract /Grant Agency: Thomas Rowe, Ph.D. (Prof. Services Agreement) Period Begin Date: Upon signature I I Period End Date: Total Grant/Contract Amount: Variable Grant/Contract Number: SH19-002 March 1, 2020 Contract/Grant Summary: This agreement is between Kittitas County and Thomas Rowe, Ph.D ., for conducting psychological evaluations, conducting interviews of applicants for employment or reserve service, and preparing and conveying reports of psychological findings and applicant evaluations for the Kittitas County Sheriffs Office. Financial Information Total Amount= Variable State Funds $0 Federal Funds $0 Percentage County Funds 100% Matching Funds $0 CFDA# NA In-Kind $0 Expla i n 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: Vendor to carry full insurance per contract. Budget Information Budget Amendment Needed? Yes D attach budget form No • Why not -Already budgeted New Division Created? NO Revenue Code NA Expense Code Object code 4101 Pass Through Information Agency to Pass Through NA Amount to Pass Through $0 Sub-Contract Approved Date: Grant/Contract Review Page 1 Prosecutor Review I Has the Prosecutor reviewed this agreement? I Yes [x] No D CAMAS# 45378 County Departments Impacted Auditor Facilities Maintenance Information Services Human Resource Prosecutor Treasurer Submitted :t I Signature: '5_,...=i: Department: Sheriff ~ I Date: Assignment of Tracking Information Auditor's Office Human Resource - Prosecutor's Office ~ \ !...---\Z, 7... I.-~ -y),-q_,(c.,/,1 Who Signed the grant application I '-- I Reviewer I Date Grant/Contract Review Page 2