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*