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HomeMy WebLinkAboutPSA Accurate Electric Unlimited Camera Systemi t ) ! . - This Agreement-is made by and between Kittitas County (hereinafter "the County',)and Accurate Electric Unlimited, lnc. (hereinafter "Contiactor"). The County anAContractor 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 ifset forth herein. The term orlhr! Agreement shall commence upon signature by all parties, and 99qtin.9e_.u1til completion of lle projgcr Any party mayterminlte tms ngre;ml;nt by givint thirty_ (30) days' notice in.writing eiiher perionally detivered or mailed ri"itage-tre,'piio oicertified mail, return receipt requested, to the party's last known addreis foittre purposes of giving notice under this paragraph. Contractor acknowledg-es and by signing this Agreement agrees that the [depn$cation provisions set forth in Paraggphs_7 llnoeperiaent ContraEiorf, g d;xes)r1,5 (Defense and lndemnity Agreement),-2i (PatdnUCbpyright fnfringem6nt)'and 2i(Confidentiality), are.totally and fully part of this Agreement-and havL been mutua1ynegotiated by the parties. f rofeagiolrlt Services Agreement (rev. OSt24tZO1g,) Page 1 of 17 ItUWTNESS WHEREOF, the parties have executed this Agreement tnis &ayot Worilzozo.r_t**'- APPROVED: Acourate Electric Unlimited, lnc.BOARD OF COMMISSIONERS KITTITAS COU WASHINGTON nature natory & Date n Sor4sn f )o^n Print Name of Signatory -/a6ry\?/., ilr il trt Commissioner of Approved ?s.) to Form By *2 Contractor Address: PO Box 871866 Vancouver, WA 98687 ProJect Gontact: James Monroe, AEU Deputy Attorney Gounty's Address: Kittitas Coung 205 West 5s Avenue, Suite 108 Ellensburg, WA 98926 Project Contact: Steve Panattoni, Commander (509) 962-7527 Profeselonal Seruices Agreement (rev. O9l24D01g) Page2 ol 17 GENERAL CONDITIONS 1. Scooe of Contr?cto/s Services: Contractor agrees to provide to the County services and any materials set forth in the Projgct nanative identified in Exhibit'4" during the Agreement period. No material, labor,or facilities will be furnished by the County, un6ss 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 coO6s and ordinances. 3. 9chedule of Perfomance: 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, ofticers, employees, agents and repreJentatives of the County and its successors and assigns.4.2 "Support" means the following: Contractor's directors, officers, employees, agents and representatives; and sub-Contractors of any tier; the respective directors, officers, employees, agents and representatives of these sub- Contractors of any tier; and any other person or entity acting under the direction or control of, or on behalf of, Contractor or any Contractor,s sub- Contractors of any tier in connection with or incident to ifre performance of the Work or this 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. Accountino and Pavment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B". Wttere Exhibit "B" requires payments by the-County, payment shall be based upon billings, supported unless otherwise piovided in gxniOit "B'i'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 houre for the month, and thetotal dollar payment requested. Unless specifically stated in Exhibit "8" or approved in writing in advance by the Kittitas County Board of Commissioners, the County will notreimburse the Contractor for any costs or expenses incurred by the Conhactor inperformance 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 contracto/s service pursuant to the fee schedule set forth in Exh'ibit',8,. Professional Services Agreement (rev. }gtZ4tZO1B]; Page 3 of 17 7 6. Asshnment and Subcontractino: 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. - - The services shall be furnished by the Contractor as an independentContractor and nothing herein contained shall be construed to create a relationship ofemployer-employee or master-servant, but all payments made hereunder a nd all servicesperformed shall be made and performed pursuant to this Agreement by the Contractor asanindependentContractor The Contractor acknowledges that the entirecompensation for this Agreement is specifiedin Exhibit "B" and the Contractor is not.entitled tb any County benefits including, but notlimited to: vacation pay, holiday pay, sick leave pay,'medbai, dental, oi ottrer insurancebenefits, orany other rights or piiv-iteges afforded do Xittit"s eounty "rplov""r. Contractor will defend, indemniff and hold harmless the County, its Additional lnsureds,officers, agents or employees irom any loss or expense, iniiuding Uri not limited tosettlements' judgments, setoffs, attorneys' fees or costs incurred by-reason of claims ordemands because of breach of the proviiions of this paragraph. 8. No Guarantee of Fmployment: The performance of all or part of this Agreement by the Contractor shall not operate tovest. any employment rights whatsoever and shall not oe OsemeJ to guaiantee anyemployment of the Conkactor or any employee of the Contractor or any sufi-Contractor orany 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 Federalor State income taxes...\Mere required by Slate or Federal law, ttre contractoi authorizesthe County to make withholding_for any tixes other than income taxes (i.e. Medicare). Allcompensation received by the Contractor will be reported to the lnternaj Revenue Serviceat the end of the calendar year in accordance with the applicable IRS regu6iionr. lt is theresponsibility of the Contractor to make the.necessary esiimated tax pafmentJtnrougnor,rt {te year' if any, and the Contractor is solely liable for any tax oUligition arising from theContractor's performance. of this. Agreemeni. Tne Contractor trgre6y rgr"* tn indemniffthe County against.any demand to pay !alg: arising trom the confracior. railrr" to paytaxes on compensation earned pursuant to this Agreiment. The County will pay sales and use taxes imposed on goods or services acquiredhereunder 1s required by law. The Contractor must pay all 6ther taxes including, but notlimited to: Business and Occupation Tax, taxes baseU on ttre Contractor,. gio* or net Profession?! Services Agreement (rev. 09124t2018)1 Page 4 of 17 income, or personal property to which the county does not hold tiile. exempt from Federal Excise Tax. The Coung is 10. Requlations and Reouirement: 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 fofth herein or in the aftached exhibits. 11. Riqht 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 whjch the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluation by service recipients under this Agreembnt. 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 shallbe 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 scop6 of this Agreement, including, but not limited to: (a) changeJin, revisions to, substitutions for, additions to or deletions of any Work; (b) changes in schedule; and (c) acceleration, deceleration or suspension of perforirance of any Work. 12.3 lf any change in the Work causes an increase or decrease on Contractor's cost of, or the time required for, performance of the Work, an equitable adjustment in the compensation to Contractor and in the schedule for the performance of the Work shall be made to reflect such an increase or decrease, 12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment, contractor shall proceed in accordahce with all change Notices. contractor must, within thirty (30) days after receipt of any Change Notice that does not set forth any acceptable adjustment, iubmit to the county a written statement setting forth any adjustment craimed. Professional Services Agreem€nt (rv. 09l24l2A1il Page 5 of 17 12.5 lf any change results in a decrease in the Work performed, Contractor shallbe entitled to compensation associated with changing the Work, such as revising. design already completed, revising calcuht]ois already perforrned, and revising documents. 13. Termination for Default: lf the Contractor defaults. by failing to perform any of the obligations of the Agreement orbecomes insolvent or is declared bankrupl or commits any aciof bankruptcyoi insolvency or makes an assignment for the benefit of creditors, the iounty may, by depositing writtennotice to the Contractor in the U.S. mail, postage prepaid, terminate ths'Agrfement, and atthe Countys option, oltai1 performance of tne work elsewhere. f ttie-Atreement isterminated for default, the Contractor shall not be entitled to receive any furthir payments under the Agreement until all work called for has been fully perfonned.' nny extra cost ordamage to the County resulting from such, default(s) shall6e deducted from any moneydue or coming due to the Contractor. The Coniractor shall bear any extra expensesincuned !y the County. in completing the work, and all damage susta-ined, or which rry Ousustained by the County by reason of such default. lf a notice of termination for default has been issued and it is later determined for anyreason that the Contractor was not in default, the rights and obligations of the parties shallbe the same as if the notice of termination had been- issued pursuant to the Teimination forPublic Convenience paragraph hereof. 14. Tgrmination for Public Convenience: The County.may terminate the Agrcement in whole or in part whenever the Countydetermines, in its sole discretion ihat such tennination is in the best interests of theCounty' lA/lrenever the Agreement is terminated in accordance with tnis p"iagr"ph, theContractor shall be.entitled to payment for actualwork performed at unit contract prices forcompleted items of work. ln the event of such termindtion, an equitaUfe aajuitrment shalbe made in the compensation payabte to Conhactor. An equitable adjustment in the contract price for partially completed items of work will bemade, but such adjustment shall not include provision for loss oi "niirip"t"d profit ondeleted or uncompleted work. Termination of this Agreement by the couhivit any timeduring the term, whether for default or convenieni, shall not constitute a breach ofcontract by the Coung. 15. Qefense & lndemnitvAoreement: Jng..pontlqctor agrees to and shall defend, indernniff and hold harmless the County, itsAdditional lnsureds, appointed and elective officers, agents and employees, from andagainst all loss or expense, in-cluding Uyt ryt limited to jridgments, settl'em'ents, attorney's le9g,..ano. osts by reason of any and all claims ano dEmands upon tne -bounty, itsAdditional lnsureds, its elected or appointed.ofiiciats, agents, or employees for damlgesbecause of personal or bodily injury, including death-at any time resulting tfterefr|m, Profes_sionql Services Agreement (rev. ggt24?A1g) Page 6 of 17 sustained by any person or persons and on account of damage to property including lossof use thereof, whether such. injury to persons or damage- to propertf is due to thenegligence of the Contractor, its sub-Contractors, its electel omcirs, employees or theiragents, except only such jnjqry or damage as shall have been occasioned by the solenegligence of the Coynty, its Additional lniureds, appointed or elected omriJr, agents, oremployees, lt is further provided that no liability shbll attacfr to the County by reason ofentering into this contract, except as expressly piovided herein. 16. lnduglrial lnsurance Waiver: lVitf pspect to the performance of this Agreement and as to claims against the County, itsAdditional lnsureds, qffice-rs, agents and emptoyees, the Contractoi;itd;t waives its fmlntty under Title 51 of the Revised Code of Washington, the lndustiial lnsurance Act,for injuries to its employees and agrees that the obligafiins to indemniff, defend and holdharmless provided in this agreement extend to anyilaim brought uv di on uetralf of anyemployee of the contractor. This waiver is mutuilly negotiatio ui, ttre parties to thisAgreement 17. Venue and Ghoice of Law: ln the event that any litigation should arise concerning the construction or interpretation ofany of the terms of this Agreement, the venue of suih action of litigation .ftril u" in theSuperior Court of the State of Washington in and for the Couity of kittitas. Thi;Agreement shall be governed by the law oithe state of washington. 18. Withholdino Pavment: ln the event the Contractor has failed to perform any obligation to be performed by theContractor under this Agreement within the time sei tortf in this Agrd;;;i, then theCounty may, upon written notice, withhold all monies due and payiUte to Contractor,without penalty, until such failure to perform is cured or otherwise adlulicateo- 19. Future Non-Allocation of Funds: lf sufficient funds ar9 p! appropriated or allocated for payment under this Agreement forany future fiscal period, the coynty will not be obligated to mate payments foi services oramounts incurred after the end of the current fiscal period. No penalty oi explnse sfran accrue to the Coung in the event this provision applies. 20. 9ontr"4p.Lcomm itmenJs, warranties a nd R"present"tion g The contractor_represents and wa rranis@ws :20-1 The Contractor is_ duly incorpgla.te{, vaiidly existing and in good standing under the laws of the State of Washington, and hal all reqriisite corporaiepower dnd authority to enter into and to perform its obligaiions under thisAgreement.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 Profeaeional Services Agreement (rev. Ogn4n}1g, Page7 ol 17 obligations of the Contractor under this Agreement in accordance with its terms.20.3 This Agreement has been validly executed by an authorized representative of the Contractor and constitutes a valid and legally binding and enforceable obligation of Contractor.20.4 The Contractor has or will obtain prior to the commencement date such licenses, permits and other authorizations from federal, state and other governmentalauthorities, as are necessary for the performance of its obligations under this Agreement.20.5 The Contractor is not in violation of any applicable law, ordinance or regulation the consequence of which will or may materially affect Contractor's ability to perform its obligations under this Agreement. The Contractor is not subject to any order or judgment of any court, tribunal or governmental agency which materially and adversely affects its operations or assets in the State of Washington, or its ability to perform its obligations under this Agreement.20.6 None of the representations or warranties in this Agreement, and none of the documents, statements, certificates or schedules furnished or to be furnished by Contractor pursuant hereto or in connection with the performance of the obligations contemplated under this Agreement, contains or will contain any untrue statement of a material fact or omits or will omit to state a materialfact necessary to make the staternents of fact contained therein not misleading. 21. PatenU0oovright lnfrinqement: Contractor will defend and indemniff the County from any claimed action, cause or demand brought agalnst the eoun$; 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'thai are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: 21.1 Contractor shall be notified promptly in writing by County of any notice of such claim. 21.2 Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement is made, provided no reduction in performance or loss results to the County. 22.Disputes: 22.1 General Differences between the contractor and the county, arising under and by virtue of the Agreement Documents shall be brought to the attention of thi County atthe earliest possible time in orderthat such matters may be setged or other appropriate action promptly taken. Except for such objeciions as are Professional Servicee Agreement (rev. 0g124 12018) Page I of 17 made of record in the manner hereinafter specified and within the time lim1s stated, the records, orders, instructions, and decisions of the Kiftitas 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 t9n (10) days of the commencement of the act, failure, or event giving rise to the claim, and before finalpayment by the county. The written moticeof 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, libor and material used, and all costs and additional time claimed to be additional. 22.3. Detailed Claim The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the completion of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the Coung a detailed wriften statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or extension of time claimed tb Ue iue. 23. Ownershin.of ltems Produged: All writings, programs, data, public records or other materials prepared by the Contractorand/or its consultants or sub-Contractors, in connection with perfoimance of this Agreement shall be the sole and absolute property of the County. 24. Qonfidentialitv: The Contractor, its employees, sub-Contractors, and their employees shall maintain the con{identiality of all information provided by the Gounty or acquired by the Contractor inperformance of this Agreement, except upon the prior writtin consent of the Kittitas 9qr{v.Prosecuting_Attorney or an order entered by a court after having acquiredjurisdiction over the County. Contractor shall immediateiy give to the County nitice of any iudicial.proceedings. seeking diEclosure of such informdtion. Contractor snatt indemniff and hold harmless the County, its Additional lnsurede, officials, agents or employees fromall loss or expense, including, but not limited to settlements, judghents, setofo, -attorneys' fees and coste resultlng from contractor's breach of this provision, Professional Services Agreement (rev. CI9n4n0/'g) Page I of 17 To the extent that any information obtained by the Gontractor is required to be shared w1hor provided to others by the terms of the Statement of the Wori<, this piovision is notbreached 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 Contiactor to the department headof the. department for whom services are rendered, and to the t<ittitas Countycommissioners, 205 w gth Ave, suite 10g, Ellensburg, wA 9g926. Notice to theContractor for all purposes under this Agreement shall mliven to the address reflected onthe signature page. l{.otice may be given by delivery or bf oepositing in tne U.S. Mail, fiiiiclass, postage prepaid. 26. Severabilitv: lf any term or condition of thjs Agreement._or the application thereof to any person(s) orcircumstances is held invalid, such invalidity shall 'not affect other terms,'conditions orapplications which can be given effect withoui the invalid term, condition or application, Tothis end, the terms and conditions of this Agreement are declared severable. 27. Miscellaneous: 27 '1 The County's failure or delay lo insist upon strict performance of any of theprovisions of this Agreement or to exercise any rights or remedies under thisAgreement shall not be construed as a waivei or relinquishment to anyextent.of .its.right to assert or rely upon any such provisions, rights o?remedies in that or any other instance; rather the same'shall be and-remain in fullforce and effect.27.2 This Agreement embodies the entire Agreement between the County andContractor, and supersedes any anO all prior agreements, regarOini tneWork. No.change, amendment or modification 6f any provisilns of thisAgreement shall be valid unless set forth in a written iristrumeni signed by the party to be bound thereby. 27 -3 The rights and remedies oi the County set forth in any provision of thisAgreement are in addition to and do noi in any way limit'ariy ottrer rights ofremedies afforded to the County by any other provisions of ihis Agreement, !V anV of Contracto/s Support or Oy taw.27.4 The headings o{sections and paragraphs of this Agreement are for convenience of reference only and bre not intended to restrict, affect or beof any weight in the interpretation or construction of the provisions of suchsections or paragraphs. 28. Waiver: Waiver of gny breach or condition of this Agreement shall not be deemed a waiver of anyprior or subsequent breach. No terms or conditions of this Agreement rttali U" ft"b to be frotes-s.ioryl Seruices Agreement (rev. Ogn4n}ll,t Page 10 of 17 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, 10, 17,18, 19, 2A,21,22,29,24,29, 30, 31 , end 32 shall survive, notwithstanding the termination or invalidity of thls Agreement for any reason. 30 Nondiscrimination: 30.1 The County is an equal opportunity employer. 30.2 Ngndiscrimination in Emolovment ln the performance of this Agreemenl, 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 ernployees are treated during employment without discrimination because of their race, creed, color, nationalorigin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training inclJding apprenticeships. The Contractor shall take such action with respect to this Agreement as may be required to ensure fullcompliance with local, state and federal laws prohibiting discrimination in employment. 30.3 Nondiscrimination inServices The Contractor will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, 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 iaki such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs hereln. Pofesslonal Servlces Agreement (rev. ASlz4nA13) Page 11 of 17 31. Prevqiling Waqe: Contractor.shall pay the prevailing rate of wages to allworkers, laborers, or mechanicsemployed in the performance of any part of the Work in accordance wittr RCW 39.12 and the rules and regulations of the Department of Labor and lndustries. The scheduteof prevailing Yages rates for the locality or localities of the Work is determinedby thelndustrial Statistician of the Departmeni of Labor and lndustries. lt is the Contractor,s responsibility to verifi7 the applicable prevailing wage rate. lt is understood that theContractor is responsible for obtaining and coirpleiing all required gouernm"nt forms and submitting same to the proper authorities. Djgputgs regarding prevailing wage rates shall be referred for arbitration to the Directorof the Department of Labor and lndustries. The arbitration decision shall be final andconclusive and binding on allparties involved in the dispute as provided for UV nCW39,12.060. 32. Debarment Certificatio[j The Contractor certifies that it:32j ls not p.resently debarred, suspended, proposed for debarment, declaredineligible or voluntarily excluded from covdred transactions by iny Federaldepartment or agency.32'2 Has not within a three-year period preceding the execution of this contractwith Kittitas County, been convicted of or hal a civiljudgment rendered against them for commission of fraud or a criminal oifenie in connectionwith obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or Staie antitrust statutes orcommission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tai evasion, receiving stolen property, making false claims, or obstruction of justice.32.3 ls not presently indicted for or otherwise criminally or divilt/cnarged by agovernmental entity (Federal, State, or local) wittr commisiion of-any otthe offenses enumerated in paragraph J2.2'of this section32.4 Has not within.a three-year feriod pieceding ttre preceuin! ttr" execution of this contract with Kittitas County had one-or m6re publijtransactions (Federal, state, or rocar) terminated for cause of defaurt. Profcssional Services Agraement (rev. OUZ4nOlgl Page 12 of 17 ExlttBtr "g SCOPE OF WORK ln raddition to providing all material and labpr, the eontraptor shfll perform the following: Provide,labor and materials for the installation, programming, and testing of an upgrade of the ccfv gyqtgm to valerus as descrioed in iho-proBosallit"o oshS/io, attacfiEo herein and whioh is incorporated as part of lhe agreembnt *$ee attrched Proponal dated 03/t3r20.** Prolesalonat _Serulces Agrccment (ren. Agp4nglgt Pqs 13 of 17 EXHIBIT'8.. - COMPENSATION {s full comBensation. for satisfactory performance of the work, the County shall pay Contractor compensation not to excoed: *'$64,693 ag statod in the Proposaldated 0gri3r20.** Profcealongl Servioes Agraemant (rtv. OSn4n0l.gl Page 14of 17 EXHIBIT "C' PROOF OF INSURANCE The Contractor shall secure and maintain in effect at alltimes during performance of the Work such insurance as will protect Contractor, its Support and thJ Additional lnsureds from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal iljuU (ncluding death) or property damage that may result from performance of the work or this Agreement, whether such perfoimance is 6y 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 recenfly published edition of Best's Reports unless otherwise approved by the County. lf an iiriurer is not admitted, allinsurance policies and procedures for issuing the insurance policies must comply with Chapter 48. 1 5 RCW and 284-1 IWAC. The Contractor shall provide proof of insurance for: ffi Commercial General Liabilitv lnsurance Coverage limits not less than:. $5,000,000 per occurrencer dn-. $1,000,000 products & completed operatl5nfaggregate. $1,000,000 personaland advertising injury, each offense. 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 El (if ANy use of vehicte in performance) Automobile Liability for owned, non-owned, hired, and leased vehicles (McS go endorsement and a CA 9946 endorsement must be attached if 'pollutants'are to betranspofted). Coverage limils not less than:. $1,000,000 combined single limit ' Tfirty (30) days written notice to the county of cancellation of the insurance policy. [l Workers' Compensation, Professlonal Serulces Agreement gev. 09t24t2018) Page 15 of 17 Additional Coverage Ma y Be Reqrtired. Workers'Compensation in amounts required by law I Stop GaolEmplovers Liabilitv Coverage limits not less than:o $1,000,000 each accidentr $1,000,000 disease - policy limitr $1,000,000 disease - each employeer Thifiv (30) days written notice to the County of cancellation of the insurance policy. fJ Professional Liability The Contractor and/or its Subcontractor and/or its consultant providing 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. $2,000,000annualaggregate ' 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. I Poltution Liability The Contractor shall provide a Potlution Liability policy, providing coverage for claims involving bodily illury, property damage (including loss of irse of taigible qloperty that has nol been physically injured), cleanup costs, remediaiion, disposal or other handling of pollutants, including costs and expenses incurred in the invostigation, defense, or setflement of claimi arising out oir Contractor's operations related to this project; and/orr Remediation, abatement, repair, maintenance or other work with lead-based paint or materials containing asbestos; and/orr TransPortation of hazardous materials away from any site related to thisproject Such Pollution Liability policy shall provide the following minimum coverage:r $ per claimr $ annualaggregate fJ Frooer:tv Damaoe The Contractor shall..p.rovide a policy that covers damage to Kittitas Countyfacilities, including buildings, equipment, grounds, etc. sujh policy shall provide the following minimum coverage:r $ per occurronce I Umbrella Coveraqe Professional Services Agreement (rev. 09124/2019) PagE 16 of 17 Umbrella policies shall provide coverage at least as broad as specified for underlying coverages (CGL, Auto, Employer's Liability) and cover those insured in the underlying policies, including additional insured.r 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 reluired by thii fgleement are in full force and effect. Coniractor hereby wiives all rights'-f recourse, including.any right to which another may be subrogated, against t<iititas County foipersonal iniury, including death, and property damag-e. Contractor's insurance poiicies required above shall be Pfimary lnsurance and shall be non-contributing witt anyother 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, machii'ery, equipment, or molor vehicles owned or.rented by the Contractor, or the Contrdctor's agenis,'suppliers or contractors as wellas to any temporary structures, scaffolding and protective fences. The Contractor shall have sole responsibility for ensuring the insurance coverage and limits reguired are obtained by subcontractorb. NOTE: No contract shall form until and unless a copy of the Certiflcate oflnsurance with Endorsements/Exclusions, properly comflited and in the amountrequired, is attached hereto. Failure of the Contractor to fully comply with the above insurance requirements during the-teffn of the Agreement shall be considered a material breach of contract and cauJefor immediate termination of the Agreement at the County's discretion. Alternatively, theCountymay procure and maintain, at the Contractor's soie expense, insurance to theextent deemed proper up to the amount of the required coverage(s). fne County may offset the cost of such insurance against paymeni due to the c-onirictor undei thisAgreement. Profeesional Seruices Agraemont (rev. 0gl24n11g) Page 17 ol 17 coltH:rcnr .INDUSTTIAT Kltlltas County Jail Karn Balley PROPOSAL FOR CCTV UPGRADE ANDCAMERA REPLACETUIENT Accurate Electrlc unlimited (AEUI ls pleased to provide this proposal for labor and matertals for the installation, programming, and tesilng of a upgrade of the CCTV system to Valerus as described heretn for the lot sum total of $ 6a,sgr (uso, EX|ST|NG CONDtTtotrts The current jail ccrv camera system has reached the end of operational llfe. viconnet, Version 8, will no longer be support by the end of 2020. pRoPosEp sor_uilory AEU proposes to replace the CCW recording systern with a new Applicagon Server and Recording Server. Both will be lntegrated into the sheriffs l.AN system where management and viewing of vldeo can be accomplished at County provided workstation {must be approved and have *edentials). The recording server will have 83 TB of useable recordlng storage of video. Dependlng on programming of the cameras, can exceed 90 days of recorded vlews. The appllcation server ls the latest 17 gen with 16GB of RAM. AEU also lncludes allsoftware licenses and registration to the County Sheriff. SCHEDULE AEU proposes the lnstallation be comBleted wlth One (ll on slte Journeymen wlth remoteprogrammlng by our software englneers.,.. ln 1 week. For the proJected three (31 mld-weekdaysthe technicians work on slte will be twelve {121 hour workdayi. nlu can be on sitc withln 35calendar days upon nofice to proceed, hclq{ons; r Alltravel ilme Nnd axpensasr Terminatlons of c^bble$tt head Shd equipmentr Parts and lsbor E{*llelqlsr I Petmlt, lf requlred ($cope of work does not lnclude new raceways or cabli.ngl| lift costs, lf neededr $ales tax, lf applicable Thls Proposal Respectfully Submltted by; J*r""JTon*u James Monroe, AIU March 11" 2020 This Prqporal isAeeeptcd by: NAME2 .I,LAV Aiyalq _ Slgnaturc: Date:tat*