HomeMy WebLinkAboutPSA Thomas RowePROFESSIONAL SERVICES AGREEMENT
_ This Agreement is made by and between Kittitas Coung (hereinafter'the County")
and Thomas Rowe, Ph.D. (hereinafter "Contractod'). The County and Contractor agree as
follows:
General Conditions; Exhibit A (Scope of Work); Exhibit B (Compensation);
Exhibit C (Proof of lnsurance).
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 March 03, 2020 and continue until
March 03,2021, Any party may terminate this Agreement by giving thirty (30) days' notice
in writing either personally delivered or mailed postage-prepaid by ceititied miit, 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
ln_demnification provisions set forth in Paragraphs 7 (lndependent Contracto4, g (Taxes),
15 (Defense and lndemnity Agreement), 21 (Patent/Copyright lnfringement) and 24
(Confidentiality), are totally and fully part of this Agreement-and havL been mutually
negotiated by the parties.
Professional Services Agreement (rev. 09t24t2019)
Page 1 of 17
of *A. lN WTNESS WHEREOF, the parties have executed this Agreemen ttnis flav
lVhylkpu2l.{."
THOMAS ROWE, Ph.D.
APPROVED:
BOARD OF COUNW COMMISSIONERS
KITTITAS COUNTY t
Signature of
(Date 7- to-,rr)
Print Name of
n
Itltlllii
- Julie
Deputy Clerk of the Board - Mandy Buchholz
Contractor's Address
115 S. Chelan Street
Wenatchee, WA 98807
Project Contact:
Thomas Rowe, Ph.D
toner
to Form:a\
Douglas R.l, Deputy
County's Address:
Kittitas County
205 West Sth Avenue, Suite 108
Ellensburg, WA 98926
Project Gontact:
Kim Dawson, Office Administrator
Attorney
Professional Services Agreement (rev. 09124 l2O1 g,
Page2of 17
GENERAL CONDITIONS
1. Scope of Contractor's Services:
Contractor agrees to provide to the County services and any materials set forth in the
project narrative identified in Exhibit'A" during the Agreement period" No material, labor,
or facilities will be furnished by the County, unless otherwise provided for in the
Agreement.
2. Performance of Work:
Contractor shall perform work in accordance with, and shall comply with, all of the
provisions of this Agreement. Allwork shall comply with applicable codes and ordinances.
3. Schedule of Performance:
Unless directed otherwise by the County, Contractor shall perform the work in accordance
with any schedules made a part of this Agreement.
4. Definitions:
4.1 "Additional lnsureds" means the County, its successors and assigns, and
the respective directors, officers, employees, agents and representatives of
the County and its successors and assigns.4.2 "Support" means the following: Contractor's directors, officers, employees,
agents and representatives; and sub-Contractors of any tier; the iespective
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 orthis Agreement.4.3 The "Work" means allof the duties listed in ExhibitA 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 Exhibit "8". Where Exhibit "B" requires payments by the County, payment shall be
based upon billings, supported unless othenrise provided in Exhibit "B", by documentation
of units of work actually performed and amounts earned, including where appropriate, the
actual number of days worked each month, total number of hours for the month, and the
total dollar payment requested. Unless specifically stated in Exhibit "B" or approved in
writing in advance by the Kittitas County Board of Commissioners, the County will not
reimburse the Contractor for any costs or expenses incurred by the Contractor in
performance of this Agreement.
Professional Services Agreement (rev. 09t2412018)
Page 3 of 17
\Mrere 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 seryice pursuant to the fee schedule set forth in Exhibit "8".
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. lndependent Contractor:
The Contracto/s services shall be furnished by the Contractor as an independent
Contractor and nothing herein contained shall be construed to create a relationship of
employer-employee or master-servant, but all payments made hereunder and all services
performed shall be made and performed pursuant to this Agreement by the Contractor as
an independent Contractor.
The Contractor acknowledges that the entire compensation for this Agreement is specified
in Exhibit "8" 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 lnsureds,
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 Emoloyment:
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.
L Taxes:
The Contractor understands and acknowledges that the Gounty will not withhold Federal
or State income taxes. \Mrere 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 lnternal Revenue Service
at the end of the calendar year in accordance with the applicable IRS regulations. lt 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 perfomtance of this Agreement. The Contractor hereby agrees to indemnifiT
the County against any demand to pay taxes arising from the Contractor's failure to pay
taxes on compensation earned pursuant to this Agreement.
Professional Services Agreement (rev. 0912412018)
Page 4 of 17
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, tiaxes based on the Contractor's gross or net
income, or personal property to which the'County does not hold title. ThL County is
exempt from Federal Excise Tax.
10. Requlations and Requirement:
This Agreement shall be subject to all laws, rules and regulations of the United States of
America, and State of Washington, and political subdivisions of the State of Washington,
and to any other provisions set forth herein or in the attached exhibits.
11. Risht 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, uponrequest.
j
12. ModificationS:
12.1 Either par$ 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 lf any change in the Work causes an increase or decrease on Contractor's
cost ol or the time required for, performance of the work, an equitable
adjustment in the compensation to Contractor and in the schedule for the
pedormance 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 myst, within thirty (30) days afier receipt of any
Professional Services Agreement (rev. 0Sl?/,l201B)
Page 5 of 17
Change Notice that does not set forth any acceptable adjustment, submit to
the Coun$ a written statement setting forth any adjustment claimed.
12.5 lf any change results in a decrease in the Work performed, Contractor shall
be entitled to compensation assoclated with changing the Work, such as
revising design already completed, revising calculations already performed,
and revising documents.
13. Termination for Default:
lf the Contractor defaults by fuiling 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 Agreemenl, and at
the County's option, obtain performance of the work elsewhere. F 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) shalibe 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.
lf 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 shail
be the same as if the notice of termination had been issued pursuant to the Teimination 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 actuatwork performed at unit contraciprices for
completed items of work. ln 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, whefier for default or convenien@,, shall nol constitute a breich of
contract by the County.
I
15. Defense & lndemnitvAoreement:
lh.q._Contractor agrees to and shall defend, indemniff and hold harmless the County, its
Additional lnsureds, appointed and elective officers, agents and employees, from-and
against all loss or expense, including but not limited to judgments, settl-ements, attorney's
Professional Services Agreement (rev. A9E4 n0 1 g)
Page 6 of 17
fees and costs by reason of any and all claims and demands upon the County, its
Additional lnsureds, its elected or appointed officials, agents, or employees for damages
because of personal or bodily injury, inclqding death at any time resulting therefrom,
sustained by any person or persons and on account of damage to property including loss
of use thereot 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 lnsureds, appointed or elected officials, agents, or
employees. lt is further provided that no liability shall attach to the County by reason of
entering into this contract, except as expressly provided herein.
16. lndustrial lnsurance Waiver:
With respect to the performance of this Agreement and as to claims against the County, its
Additional lnsureds, officers, agents and employees, the Contractor expressly waives its
immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act,
for injuries to its employees and agrees that the obligations to indemniff, defend and hold
harmless provided in this agreement extend to any claim brought by or on behalf of any
employee of the Contractor. This waiver is mutually negotiated by the parties to this
Agreement.
17. Venue an4 Choice of Lew:
ln 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 Washingtor in and for the County of Kittitas. This
Agreement shall be governed by the law of the State of Washington.
1L Withholdinq Payment:
ln the event the Contractor has failed to perform any obligation to be performed by the
Contractor under this Agreement within the time set'forth in this Agreement, then the
County may, upon written notice, withhold all monies due and payable to Contractor,
without penalty, until such failure to perform is cured or otherwise adjudicated.
19. Future Non-Allocation of Funds:
lf 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 fol 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 Reoresentations:
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 obligaiions under this
Agreement.
Professional Services Agreement (rev. 09124120181
PageT o'f 17
20.2
20.3
20.4
20.5
20.6
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.
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.
The Contractor has or will obtain prior to the commencement date such
licenses, permits and other authorizations from federal, state and other
governmentalauthorities, as are necessary lor the performance of its
obligations under this Agreement.
The Contractor is not in violation of any applicable law, ordinance or
regulation the consequence sf 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.
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 materialfact necessary to make the statements of fact
contained therein not misleading.
21. PatenUCopyright lnfrinqenle.nt:
Contractor will defend and indemnify the County from any claimed action, cause or
demand brought against the Coun$; to the extent such action is based on the claim that
information supplied by the Contractor infringes any patent or copyright. The Contractor
will pay those costs and damages attributable to any such claims that are finally awarded
against the County in any action. Such defense and payments are conditioned upon the
following:
21.1 Contractor shall be notified prbmptly in writing by County of any notice of
such claim.
21.2 Contractor shall have the right, hereunder, at its option and expense, to
obtain for the County the right to continue using the information, in the event
such claim of infri
loss results to the
ngement is made, provided no reduction in performance or
County.
22. Disputes:
22.1
Professional Services Agreement (rev. 09/24120 1 8)
Page I of 17
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 orderthat such matters may be settled
or other appropriate action proqnptly 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 wriften Notice of Potential Claim
within ten (10) days of the commencement of the act, failure, or event giving
rise to the claim, and before finalpayment 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.
223. Detaibd 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
wriften statement 6f each element of cosl 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 claimeU tb Ue iue.
24. Confidentialitv:
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
Cgunty Prosecuting Attorney or an order entered by a court afrer 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 indemnifir
and hold harmless the County, its Additional lnsureds, officials, agents or employees from
all loss or expense, including, but not limited,to settlements, judgments, setofb, attorneys'
fees and costs resulting from Contractor's brdach of this provision.
Professional Services Agreement (rev, Agn4l2018)
Page 9 of 17
23. Ownership of ltems Produced:
All writings, programs, data, public records or other materials prepared by the Contractor
andlor its consultants or sub-Contractors, in connection with perfoimance of this
Agreement shall be the sole and absolute property of the County.
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 proess, 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 5m 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, flrst
class, postage prepaid.
26. Severability: '
lf 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 withoui the invalid term, condition or application. To
this end, the terms and conditions of this Agreement are declared severable.
27. Miscellaneous:
27.1 The County's failure or delay to insist upon strict performance of any of the
provisions of this Agreement or to exercise any rights or remedies under this
Agreement shall not be construed as a waiver or relinquishment to any
extent of its right:to assert or rely upon any such provisions, rights or
remedies in that or any other instance; rather the same shall be and iemain
in fullforce and effect.
27.2 This Agreement embodies the entire Agreement between the County and
Contractor, and supersedes any and all prior agreements, regarding the
Work. No change, amendment or modification of any provisions of this
Agreement shall be valid unless set forth in a written instrument signed by
the party to be bound thereby. \
27.3 The rights and remedies of the County set forth in any provision of this
Agreement are in addition to and do not in any way limit any other rights of
remedies afforded to the County by any other provisions of this Agreement,
by any of Contractor's Support or by law.
27.4 The headings of sections and paragraphs of this Agreement are for
convenience of reference only and are not intended to restrict, affect or be
of any Weight in the interpretation or construcfion of the provisions of such
sections or paragraphs. i
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
Professional Services Agreement (rev. Ogt24t2011)
Page 10 of 17
waived, modified or deleted except by an instrument, in writing, signed by the parties
hereto.
29. Suryival:
The provisions of paragraphs 7,,9, 11, 13, 14, 1A, 1A,, 12,18, 19, 2e,21,22,29,24,2g,
30, 31, and 32 shall survive, notwithstanding the termination or invalidity of this Agreement
for any reason. i
:
30. Nondiscrimination:
30.1 The County is an equat opportunity employer.
30.2 Nondiscrimination in EmQlgymen!
ln 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, sexualorientation,
maritalstatus, 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 shallensure 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 9r 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 inc[iding
apprenticeships. The Contractor shall take such action with respect to
this Agreement as may be required to ensure fullcompliance with
local, state and federai laws piohibiting discrimination in employment.
30.3 Nondiscrimination in Services
The Contractor will not discriminate against any recipient of any services
or benefits provided for in this Agreement on the grounds of race,
9reed, color, nationalorigin, sex, sexualorientation, marital status, age or
the presence of any sensory, mental or.physical handicap.
30.4 { "ny
assignment and/or subcontracting has been authorized by the
Co_unty, said assignment or subcontract shall include appropriate
safeguards against discrimination. The Contractor shall take such
action as may be required to ensure full compliance with the
provisions in the immediately preceding paragraphs herein.
Professional
Page 11 ofl
Services Agreeiment (rev. OglZAt2OlAl
7
31. Prevailinq Waqe:
Contractor shall pay the prevailing rate of wages to allworkers, 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 lndustries. The schedule
of prevailing wages rates for the locality or localities of the Work is determined by the
lndustrial Statistician of the Department of Labor and lndustries. lt is the Contractor's
responsibility to veriff the applicable prevailing wage rate. lt is understood that the
Contractor is responsible for obtaining and completing all required government forms
and submitting same to the proper authoritids.
Disputes regarding prevailing wage rates shall be referred for arbitration to the Director
of the Department of Labor and lndustries. The arbitration decision shall be final and
conclusive and binding on all parties involved in the dispute as provided for by RCW
39.12.060.
32. Debarment Certification:
The Contractor certifies.that it
:32.1 ls not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any Federal
department or agency.
32.2 Has not within a three-year period preceding the execution of this contract
with Kittitas County, been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private
agreement or transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice.
32.3 ls not presently indicted for orptherwise criminalty or iivilty charged by a
governmental entity (Federal, State, or local) with commission of any of
the offenses enumerated in paragraph lZ.2 of this section.
32.4 Has not within a three-year period preceding the preceding the execution
of this contract with Kittitas County had one or more public transactions
(Federal, State, :or,local) terminated for cause of default.
Professional Services Agreement (rev. 09 124 tZ} 18)
Page 12 ol 17
EXHIBIT'A":
SCOPE OF WORK
ln addition to providing all material and labor, the Contractor shall perform the following
:r Conduct psychological evaluations including related interviews of applicants for
employment or reserve service upon request by the Kittitas County $heriffs
Office..:
r Prepare and convey reports of those psychologicalfindings and appticant
evaluations to the Kittitas County Sheriffs Office.
r These evaluations shall be conducted in compliance with, and as mandated by,
the provisions of RCW43.101.095(2)(a)(ii), and wAc 139-07-030, and any
provision now in 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(1Xd) and any other applicable state and federal statutes and
regulations, including the means of pfoviding such results or materials to the
Kittitas County Sheriffs Office. The contractor is solely responsible for
implementation of such safeguards and for any breach or violation thereof.
r Warrant that hd 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's place of business. The
Contractor wil! not util2e an automobile, whether owned, non-owned, hired or leased, to
provide these services for Kittitas Coung.
Professional Services Agreement (rev., Ogi24t2}1gl
Page 13 of 17
EXHIBI "B' :
COMPENSATION
As full compensation for satisfactory performance of the work, the County shall pay
Contractor compensation not to exceed $600.00 per applicant,evaluation.
Professional Services Agreement (rev. 09t2412018,
Page 14 ol 17
EXHIBIT'C"
PROOF OF INSURANCE
The Contractor shall secure and maintain in effect at all times during performance of the
Work such insurance as will protect Contractor, its Support and the Additional lnsureds
from all claims, losses, harm, costs, liabilities, damages and expenses arising out of
personal injury fincluding death) or property damage that may result from perforrnance
of the work or this Agreement, whether such performance is by Contractor or any of its
Support.
All insurance shall be issued by companies admitted to do business in the State of
Washington and have a rating of A-, Class Vll or better in the most recently published
edition of Best's Reports unless othenrise approved by the Coung. lf an insurer is not
admitted, all insurance policies and procedures for issuing the insurance policies must
comply with Chapter48.15 RCW and284-15 WAC.
The Contractor shall provide proof of insurance for:
ffi Commerci3l General Liability lnsurance
Coverage limits not less than: :. $5,000,000 per occurrence
$1,000,000 per occurrence liquor liability. $1,000,000 products & completed operations aggregate. $1,000,000 personal and advertising injury, each offenser Certificate Holder - Kittitas County. The Certificate must name the County as additional insured. Sixty (60) days written notice to the County of cancellation of the insurance
policy
'
I QommefcialAutomobilp Liability-lnsurance (if ANY use of vehicle in performance)
Automobile Liability for owned, non-owned, hired, and leased vehicles (MCS g0
endorsement and a CA 9946 endorsement must be 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.
Professional Services Agreement (rev
Page 15 of 17
09t24t2018)
Additional Co 8e Re
fl Workers' Compensation :
Workers'Compensation in amounts required by law
I Stop Gap/Emoloyers 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.
Xn Professional Liability
The Contractor and/or: its Subcontractor and/or its consultant prcviding
professional services shall provide evidence of Professional Liability lnsurance
covering professional errors and omissions. Such policy must provide the
following minimum limits:
' $1,000,000 per claim
' $2,000,000 annual aggregate
' lf 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.
f, Pottution Liability
The Contractor shall provide a Pollution Liability policy, providing coverage for
claims involving bodily injury, property damage (including loss of use of tangible
property that has not been physically injured), cleanup costs, remediation,
disposal or other handling of pollutants, including costs and expenses incurred in
the investigation, defense, or settlement of claims arising out of:o Contractor's operations related to this projecl; and/orr Remediation, abatement, repair, inaintenance or other work with lead-based
paint or materials containing asbestos; and/ore TransPortation of hazardous materials away from any site related to this
project
Such Pollution Liability policy shall provide the following minimum coverage:r $ per claim i lr $ annualaggregate
i;
I Propertv Damaqe
The Contractoi'shall provide a policy that covers damage to Kittitas County
facilities, including buildings, equiprnent, grounds, etc. SuCh policy shall provide
the following minimum coverage:
Professional Services Agreement (rev. 0 glUtZO,lB)
Page 16 of 17
r $ per occurrence
f] Umbrella Coveraoe
Umbrella policies shall provide coverage at least as broad as specified for
underlying jcoverages (CGL, Autb, Employer's, Liability) and cover those insured
in the underlying policies,' including additional insured.. Amount required for this Agreement: g :
Contractor shall furnish the,County a Certificate of lnsurance to include the Policy
Endorsements/Exclusions as evidence that policies providing insurance required by thii
Agreement are in full force and effect. Contractor hbreby wliues 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 sJructures, scaffolding and protective fences.
The Contractor shall have sole responsibility for ensuring the insurance coverage and
limits required are obtained by subcontractors.
Professional Seryices Agreement (rev
.:::
NOTE: No contract shall fqrm until an.d uples,s a copy of the Certificate of
lnsurance with Endorsementd/Exclusions, prdperfy complited and in the amount
required, is attached hereto.
Failure of therContractor to fully pomply with the above insurance requirements during
the term of thp Agreepent qhait be consideoJ " *"t"riai Ure"cn of contract and cause
for immediate termindtion of the Agreement at the County's discretion. Alternatively, the
County may procure and maintain, at the Contractor's sole expense, insurance to the
e1]ent deemed proper up to the amount of the required coverage(s). The County may
offset the cost of such insurance against payment due to the Cbntractor under this
Agreement.
Page 17 af 17
0gt24t2a1 8)
rH[JHIHI"
AGE American lnsurance
Company
PRODUCER NUMBER 273865
Psychologists' Professional Liability
Claims Made lnsurance
Policy Declarations
DATE OF ISSUE November 26,2019
PSYCHOLOGISTS' PROFESSIONAL LIABILITY
CLAIMS MAPE INSURANCE POLICY
NOTICE: THIS I$ A CLAIMS MADE POLICY, PLEASE READ THE POLICY CAREFULLY
THIS POLICY/CERTIFICATE IS ISSUED IN ASSOCIATION WITH THE PSYCHOLOGISTS PURCHASINC
GROUP ASSOCIATION
Item POLICYICERTIFICATE NUMBER: 58G22169142
1
Named lnsured:
Address:
City, State & Zip Code:
Thomas Rowe
Po Box 1946
Wenatchee, WA 98807 1946
2 Policy Period;
12:01 A.M. local time at the addre$s $hown in ltem 1.
From: 12lUl2A19 To: 1210112020
3 COVERAGE LIMITS OF LIABILIry PREMIUM
$514.00
$4s.00
Professional Liability
Wrongful Employment
Practices
Licensing Board Defense
Other Governmental Regulatory
Body Defense
Deposition Expense
Premises Medical Payment
Assault and/or Battery
Loss of Earnincs
$1,000,000 Each lncident $3,000,000 Aggregate
$5,000 Aggregate
REIMBURSEMENTS
$50,ooo
$10,000
per Proceeding
per Proceeding
$5,ooo
$2,500
per lnsured
per Person
$500 per Dav, per lnsured
$75,000
$1,ooo
$15,000
Aggregate
Aggregate
Aooreoate Per lncident
Surcharge(s)
Total Premium $55S.00
4.Retroactive Date 1210111991
5.This policy is made and accepted subject to the printed conditions in this policy logether with the provisions, stipulations and
agreements contained in the following form{s} or endorsement(s),
PF15215a, PF33748 ,PF15217a (05/07), CC-1K'l1i(02/1e), PF15245a, PFl5313b, PF17914 (02/05),
0,Notice of claim should be sent to:
Trust Risk Management Services, lnc,
111 Rockville Pike Ste 700
Rockville MD 20850
All other correspondence should be sent to:
Trust Risk Management Services, lnc.
1791 Paysphere Circle
Chicago, lL 60674
7 REPRESENTATIVE:Agent or broker:
Office address:
City, State, Zip
Website:
Phone:
Trust Risk Management $ervices, lnc.
1791 Paysphere Circle
Chicago, lL 60674
www.trustinsurance.com
1.877.637.9700
PF-15215a (A4n7)O 20AT The Trust
Washington State Department of Health
By the authority of Chapter 18.83 RCW this person
Thomas B Rowe
-"? .'"r'
d-*" f, .1;* .:: i
NSQ F'i!!,..
;i:..'Fi:,-:9
"'?::.
Secretary
Status
ACTIVE
Effective Date
09t1212019
lnitial lssuance
01t14t1987
Credential Number
PY 00001128
Expiration Date
0910512020