Loading...
HomeMy WebLinkAboutSSODA Contract with Judge's SignaturePROFESSIONAL SERVICES AGREEMENT This Agreement is made by and between Kittitas County on behalf of Kittitas County Superior Court, Juvenile Court Services, (hereinafter "the County") and Kristi Hunziker, MSW, LICSW, CSOTP (hereinafter "Contractor"). The County and Contractor agree as follows: General Conditions; Exhibit A (Scope of Work); Exhibit B (Compensation); Exhibit C (Proof of Insurance). copies of which are attached hereto and incorporated herein by this reference as fully as if set forth herein. The term of this Agreement shall commence on the September 1, 2020 and continue until August 31, 2021. Any party may terminate this Agreement by giving thirty (30) days' notice in writing either personally delivered or mailed postage -prepaid by certified mail, return receipt requested, to the party's last known address for the purposes of giving notice under this paragraph. Contractor acknowledges and by signing this Agreement agrees that the Indemnification provisions set forth in Paragraphs 7 (Independent Contractor), 9 (Taxes), 15 (Defense and Indemnity Agreement), 21 (PatenUCopyright Infringement) and 24 (Confidentiality), are totally and fully part of this Agreement and have been mutually negotiated by the parties. Professional Services Agreement (rev. 09/24/2018) Page 1 of 18 IN WITNESS WHEREOF, the parties have executed this Agreement this day Of 2020. APPROVED: BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Presiding Judge SSparks rl_f Kristi Hunziker, MSW, LIGSW, CSOTP Brett Wachsmith, Chairman Approved as to Form: Z Douglas R. Mitchel, WSBA#22877 Deputy Prosecutin Attorney Contractor Address: Kristi Hunziker, MSW, LICSW, CSOTP 3204 Summitview Avenue Yakima, WA 98902 Laura Osiadacz, Vice -Chairman Cory Wright, Commissioner Attest: Julie Kjorsvik, Clerk of the Board County's Address: Kittitas County Juvenile Court Services 205 West 5th Avenue, Suite 211 Ellensburg, WA 98926 Project Contact: Project Contact: Kristi Hunziker Katrina Mankus, Juvenile Court Administrator 509-304-9025 or designee, Suite 211 katrina.mankus@co.kiftitas.wa.us Professional Services Agreement (rev. 09/24/2018) Page 1 oe iF 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. All work 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 Insureds" 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 respective directors, officers, employees, agents and representatives of these sub - Contractors of any tier; and any other person or entity acting under the direction or control of, or on behalf of, Contractor or any Contractor's sub - Contractors of any tier in connection with or incident to the performance of the Work or this Agreement. 4.3 The "Work" means all of the duties listed in Exhibit A and the performance of all other obligations, under this Agreement by Contractor or its Support. 5. Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B". Where Exhibit "B" requires payments by the County, payment shall be based upon billings, supported unless otherwise 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. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, through the County voucher system, for the Contractor's service pursuant to the fee schedule set forth in Exhibit "B". Professional Services Agreement (rev. 09/2412018) Page 3 of 18 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. Independent Contractor: The Contractor'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 "B" and the Contractor is not entitled to any County benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Kittitas County employees. Contractor will defend, indemnify and hold harmless the County, its Additional Insureds, officers, agents or employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 8. No Guarantee of Employment: The performance of all or part of this Agreement by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any sub -Contractor or any employee of any sub -Contractor by the County at the present time or in the future. 9. Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to make withholding for any taxes other than income taxes (i.e. Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes including, but not limited to: Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. Professional Services Agreement (rev. 09/24/2018) Page 4 of 18 10. Regulations 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. Right 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, upon request. 12. Modifications: 12.1 Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties. 12.2 The County may, at any time, by written notice thereof to Contractor ("Change Notice") makes changes in the Work within the general scope of this Agreement, including, but not limited to: (a) changes 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 If any change in the Work causes an increase or decrease on Contractor's cost of, or the time required for, performance of the Work, an equitable adjustment in the compensation to Contractor and in the schedule for the performance of the Work shall be made to reflect such an increase or decrease. 12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment, Contractor shall proceed in accordance with all Change Notices. Contractor must, within thirty (30) days after receipt of any Change Notice that does not set forth any acceptable adjustment, submit to the County a written statement setting forth any adjustment claimed. 12.5 If any change results in a decrease in the Work performed, Contractor shall be entitled to compensation associated with changing the Work, such as Professional Services Agreement (rev. 09/24/2018) Page 5 of 18 revising design already completed, revising calculations already performed, and revising documents. 13. Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the Agreement or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, postage prepaid, terminate the Agreement, and at the County's option, obtain performance of the work elsewhere. If the Agreement is 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) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 14. Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion that such termination is in the best interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. In the event of such termination, an equitable adjustment shall be made in the compensation payable to Contractor. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County. 15. Defense & Indemnity Agreement: The Contractor agrees to and shall defend, indemnify and hold harmless the County, its Additional Insureds, appointed and elective officers, agents and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the County, its Additional Insureds, its elected or appointed officials, agents, or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Professional Services Agreement (rev. 09/24/2018) Page 6 of 18 Contractor, its sub -Contractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its Additional Insureds, appointed or elected officials, agents, or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 16. Industrial Insurance Waiver: With respect to the performance of this Agreement and as to claims against the County, its Additional Insureds, officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this Agreement. 17. Venue and Choice of L'aw: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the law of the State of Washington. 18. Withholding Payment: In the event the Contractor has failed to perform any obligation to be performed by the Contractor under this Agreement within the time set forth in this Agreement, then the County may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured or otherwise adjudicated. 19. Future Non -Allocation of Funds: If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the County will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. No penalty or expense shall accrue to the County in the event this provision applies. 20. Contractor Commitments, Warranties and Representations: The Contractor represents and warrants to the County as follows: 20.1 The Contractor is duly incorporated, validly existing and in good standing under the laws of the State of Washington, and has all requisite corporate power and authority to enter into and to perform its obligations under this Agreement. 20.2 The Contractor has the authority to execute this Agreement, to make the representations and warranties set forth in it and to perform the obligations of the Contractor under this Agreement in accordance with its terms. Professional Services Agreement (rev. 09/24/2018) Page 7 of 18 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 governmental authorities, 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 material fact necessary to make the statements of fact contained therein not misleading. 21. Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County; to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: 21.1 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 the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, instructions, and decisions of the Kittitas County Commissioners shall be final and conclusive. Professional Services Agreement (rev. 09124/2018) Page 8 of 18 22.2 Notice of Potential Claims The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor 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 County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or extension of time claimed to be due. 23. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or sub -Contractors, in connection with performance of this Agreement shall be the sole and absolute property of the County. 24. Confidentiality: The Contractor, its employees, sub -Contractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the Kittitas County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceedings seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its Additional Insureds, officials, agents or employees from all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. To the extent that any information obtained by the Contractor is required to be shared with or provided to others by the terms of the Statement of the Work, this provision is not breached by such acts. 25. Notice: Professional Services Agreement (rev. 09/24/2018) Page 9 of 18 Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, notice shall be given by the Contractor to the department head of the department for whom services are rendered, and to the Kittitas County Commissioners, 205 W 5th Ave, Suite 108, Ellensburg, WA 98926. Notice to the Contractor for all purposes under this Agreement shall be given to the address reflected on the signature page. Notice maybe given by delivery or by depositing in the U.S. Mail, first class, postage prepaid. 26. Severability: If 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 without 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 remain in full force and effect. 27.2 This Agreement embodies the entire Agreement between the County and Contractor, and supersedes any and all prior agreements, regarding the Work. No change, amendment or modification of any provisions of this Agreement shall be valid unless set forth in a written instrument signed by the party to be bound thereby. 27.3 The rights and remedies of the County set forth in any provision of this Agreement are in addition 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 construction of the provisions of such sections or paragraphs. 28. Waiver: Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this Agreement shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 29. Survival: The provisions of paragraphs 7, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 28, 30, 31, and 32 shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. Professional Services Agreement (rev. 09/24/2018) Page 10 of 18 30. Nondiscrimination: 30.1 The County is an equal opportunity employer. 30.2 Nondiscrimination in Employment In 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, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Contractor shall ensure that applicants are employed, and that employees are 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 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 including apprenticeships. The Contractor shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 30.3 Nondiscrimination in Services The Contractor will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap. 30.4 If any assignment and/or subcontracting has been authorized by the County, said assignment or subcontract shall include appropriate safeguards against discrimination. The Contractor shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs herein. 31. Prevailing Wage: Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the performance of any part of the Work in accordance with RCW 39.12 and the rules and regulations of the Department of Labor and Industries. The schedule of prevailing wages rates for the locality or localities of the Work is determined by the Industrial Statistician of the Department of Labor and Industries. It is the Contractor's responsibility to verify the applicable prevailing wage rate. It is understood that the Professional Services Agreement (rev. 09(2412018) Page 11 of 18 Contractor is responsible for obtaining and completing all required government forms and submitting same to the proper authorities. Disputes regarding prevailing wage rates shall be referred for arbitration to the Director of the Department of Labor and Industries. The arbitration decision shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060. 32. Debarment Certification: The Contractor certifies that it: 32.1 Is 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 Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 32.2 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. 09/24/2018) Page 12 of 18 EXHIBIT "A" SCOPE OF WORK In addition to providing all material and labor, the Contractor shall perform the following: a. Services Provided. Special Sex Offender Disposition Alternative evaluation and treatment for youth determined to be eligible by the Court pursuant to applicable standards will consist of a combination of services identified in the SSODA assessment completed and submitted by Contractor to Juvenile Court Services, Kittitas County Superior Court. Special Sex Offender Disposition Alternative evaluation and treatments are to be completed in accordance with guidelines as set forth in the Juvenile Disposition Manual under the authority of the Caseload Forecast Council; the State of Washington as mandated by RCW 13.40.160; the statutory authority of the Department of Health as implemented in the provisions of the Washington Administrative Code; and any other controlling legal authority, including requirements for any form of background check or investigation required for unsupervised access to juveniles. As the provider of services to youth determined to be eligible and designated by Juvenile Court Services, in Contractor's role as Certified Sexual Offender Treatment Provider Contractor agrees to provide the SSODA evaluation and subsequent treatment services for up to the 24 months as mandated in the SSODA Disposition Order. Professional Services Agreement (rev. 09/24/2018) Page 13 of 18 EXHIBIT "B" COMPENSATION As full compensation for satisfactory performance of the work, the County shall pay Contractor compensation not to exceed: SSODA Evaluation and Written Report $1,080.00 Individual Counseling Sessions Group Counseling Session Quarterly Detailed Progress Reports $85.00 @ 1 hour weekly $45.00 @ 90 minutes weekly $45.00 @ 1 report quarterly Kittitas County will provide reimbursement through the Kittitas County Auditor as outlined above. Monthly invoices for services provided which document the dates and details of services provided during that billing period as described above are required. Billing shall be submitted in a timely manner to allow the County to process your reimbursement in a like manner. The Contractor shall ensure that work to be performed does not duplicate work to be charged to Kittitas County under any other contract or agreement with the Contractor. If the Contractor bills and is paid fees for services that Kittitas County later finds were (a) not delivered or (b) not delivered in accordance with applicable standards, Kittitas County shall recover the fees for those services and the Contractor shall fully cooperate during the recovery. Billing and Payment a. The Contractor shall submit an Invoice Voucher to the Kittitas County Juvenile Court at the end of each month. The Quarterly Report referenced above, mandated by RCW 13.40.162(7) shall be provided to the Court through Juvenile Court Services and to the parties through counsel. The invoice for the month in which this report is provided as required shall include the above charge for the report. Provision of each of those reports as required is a mandatory condition precedent to payment for any invoice subsequent to that period. b. Kittitas County shall pay the Contractor upon acceptance of a properly completed Invoice Voucher. The invoice shall describe and document the following: (1) Date and time period of service(s) performed; Professional Services Agreement (rev. 09/24/2018) Page 14 of 18 (2) Case#; and (3) Description of work performed. c. Payment shall be considered timely if made by Kittitas County within 30 days after the receipt of the properly completed invoice. d. The Contractor accepts Kittitas County payment as the sole and complete payment for the services provided under this contract. e. Kittitas County shall not reimburse the Contractor for authorized services not provided to clients, or for services provided which are not authorized or provided in accordance with the "Statement of Work". If the Kittitas County Juvenile Court pays the Contractor for services authorized but not provided by the Contractor in accordance with this Contract's "Statement of Work", the amount paid shall be considered to be an overpayment. f. If this Contract is terminated for any reason, the Kittitas County Juvenile Court shall pay for only those services authorized and provided through the date of termination. Professional Services Agreement (rev. 09/24/2018) Page 15 of 18 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 Insureds from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the work or this Agreement, whether such performance is by Contractor or any of its Support. All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports unless otherwise approved by the County. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. The Contractor shall provide proof of insurance for: ® Commercial General Liability Insurance 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 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 ® Commercial Automobile Liability Insurance (if ANY use of vehicle in performance) Automobile Liability for owned, non -owned, hired, and leased vehicles (MCS 90 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. 0912412018) Page 16 of 18 ® Workers' Compensation Workers' Compensation in amounts required by law ❑ Stop Gap/Employers 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. ® Professional Liability The Contractor and/or its Subcontractor and/or its consultant providing professional services shall provide evidence of Professional Liability Insurance covering professional errors and omissions. Such policy must provide the following minimum limits: ■ $1,000,000 per claim • $2,000,000 annual aggregate ■ If insurance is on a claims -made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Agreement. ❑ Pollution 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: • Contractor's operations related to this project; and/or • Remediation, abatement, repair, maintenance or other work with lead-based paint or materials containing asbestos; and/or • Transportation of hazardous materials away from any site related to this project Such Pollution Liability policy shall provide the following minimum coverage: ■ $ per claim ■ $ annual aggregate ❑ Property Damage The Contractor shall provide a policy that covers damage to Kittitas County facilities, including buildings, equipment, grounds, etc. Such policy shall provide the following minimum coverage: • $ per occurrence Professional Services Agreement (rev. 09/24/2018) Page 17 of 18 ❑ Umbrella Coverage 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. • Amount required for this Agreement: $ Contractor shall furnish the County a Certificate of Insurance to include the Policy Endorsements/Exclusions as evidence that policies providing insurance required by this Agreement are in full force and effect. Contractor hereby waives all rights of recourse, including any right to which another may be subrogated, against Kittitas County for personal injury, including death, and property damage. Contractor's insurance policies required above shall be primary insurance and 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 structures, scaffolding and protective fences. The Contractor shall have sole responsibility for ensuring the insurance coverage and limits required are obtained by subcontractors. NOTE: No contract shall form until and unless a copy of the Certificate of Insurance with Endorsements/Exclusions, properly completed and in the amount required, is attached hereto. Failure of the Contractor to fully comply with the above insurance requirements during the term of the Agreement shall be considered a material breach of contract and cause for immediate termination of the Agreement at the County's discretion. Alternatively, the County may procure and maintain, at the Contractor's sole expense, insurance to the extent 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 Contractor under this Agreement. Professional Services Agreement (rev. 09/24/2018) Page 18 of 18 NASW Insurance Company, RRG Customer ID: Policy Number: Effective Date: Expiration Date: 3TDIS92CJX OCCURRENCE GENERAL LIABILITY POLICY DECLARATIONS Named Insured: G-45T45HGS4J-01 07/16/2020 Address: 07/16/2021 Kristi L Hunziker 903 S 34th Ave Yakima, WA 98902 Per Claim $1,000,000.00 $279.00 Aggregate $3,000,000.00 TOTAL PREMIUM FOR THIS COVERAGE PART: $279.00 THIS IS AN OCCURRENCE POLICY, COVERAGE IS EFFECTIVE UPON RECEIPT OF YOUR FIRST PREMIUM PAYMENT FORTH IS OCCURRENCE GENERAL LIABILITY POLICY. COVERAGE ONLY APPLIES TO PROPERTY DAMAGE, BODILY INJURY, PERSONAL INJURY, ADVERTISING INJURY, AND FIRE LEGAL LIABILITY STATED IN THE AFORESTATED POLICY FORM THAT ACTUALLY OCCUR AND ARE DISCOVERED ON OR AFTER THE DATE OF RECEIPT OF YOUR FIRST PREMIUM PAYMENT FOR THIS SPECIFIC POLICY COVERAGE, AND PRIOR TO THE TERMINATION DATE OF THIS SPECIFIC POLICY COVERAGE. Authorized Representative: v7 z&,j4� Tony Benedetto Policy Form: ASI-8888-04GL Dune 5, 20151; Brokered and Administered by: The NASW RRG Inc. supports this policy with its full faith, credit and assets. 15 NASW NASWflR6 Plan Rdmm iratar NASW1200ERG Plan This policy is reinsured by Swiss Re America. PeoriaNeighh, IL 61616-5 3 9 8 Insurance Company, RRG .-- .1 OF7e076. g0 1312 Swiss ACQ� ^® III CERTIFICATE OF LIABILITY INSURANCE DATE WWDWYYYYi 06/16/2020 THIS CERTIFICATE 15ISSUEDASA MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDERTHIS CERTIRCATE DOES NOT MiRMATTVELYOR NEGATNELYAMEND, EXTEND ORALTERTHE COVERAGE AFFORDED BYTME POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE ACONTRACFB EN THE ISSUING INSURERS1 AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: Ifthe certhloate holder Is an ADDITIONAL INSURED, the policAles) mug have ADDRIONAL INSURED provisions or he endorsed. If SUBRDGATION ISWMt'ED, suBJectto the terms and conditions of rhe policy, certain policies may require an endorsement A statement on this cartlgatedoes notooMer rights to the certifloge hoklerin lieu afsuch endorsements !'ROOUCEK CONTACT NASW ITRG Plan Admin LYratoi 1200 Eas[ Gen Avenue NAME: NONE WC, NA EO: F�A'CJ W4 Nok &WIL Pe^^:,T 'h'eigh`:S. It tit 61 Ei 11348 ADDRESS INSURER(S) AFFORDING COVERAGE MAIC# INSURED INSURERA: NASVV RLsL Reufnr*al=Croup 142116 INSURE0.B: Krish L UnPike! INSURER C: 90:i S 34th Ave INSURERD: Yakima, VVA 989:12 INSURERS INSURER F. CUSTOMER ID: 3TDIS92CJX CERTIFICATE NUMBER: G-4545HGS4J-01 REVISION NUMBER: 001 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED W41EO ABOVE FOR THE POLICY PERIOD INDICATED. NOT WI 11 ISIANDING ANY REQLIIREIMENt If kir OR i :ONI411 )N (:1'' ANY (,ONI PACT OR 01111 P DOC :iMCNT WI IIT RI WI (r 10 WFIK I I HIL, CLRI If CAU MAY E E i. -;i A-1) OR MAY PERTAIN, THE INSURANCE. AFFORDED BYTHE POLICIES CESCRIDED HEPEIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY I I.A'V li.4iEEN RISUi;CE01iY PAID CI NN` INSR LTR TYPE OF INSURANCE ADDL INSR WER V— POUCYNUMBER POLICY EFF tMMnwimn POUCY EXP aMmomv» UMTS COMMERCIAL GENERAL UABILIIY eACN aalRaeaCE a+ccoaoo oo DAOMA TO KI:CD $ VNLM C h urr4. e ?MM'[niNl'aEYLYII CU141IY N r' ?P E,' CLAIM`;-.VW)1, ®�-.�f: PFB ort -y ADva:a:2vi .. A IPU-CIP.IMSMN)C Y N r 1�LASH". AJOI 07/16/2020 li7116/2021 GFNErALAGGRFGATF 5''. '00e.M1 CP LI - O:'(UR PR uOD.'Tc. %pmP.Tia MSG AGGRFGATF L IMn APPU'S RHL IFN`. (POLICY E]PROIECT ❑L(%: -THER AUTO MOBILE J"lUTY C "Mclued vr.� L'LU;T - ANVr.IiTO SCHEDULED NED A�TOS A TOS ONLY �5 a ;kx nL•N1.bCnSLa 5 Px facta-r A -F S HIRED FciT05 N)N (.WNI:1: GNLY AUlCO3 ONI Y A`.O RFGATE$ H!E-L'"k CLAIMS-M.ACE DED NI:'IICN'I KIN Y ORKERS COMPENSATION .ma 1r1: a TE cn!Fn D EMPLOYERS LIABILITY YM 'WY ROPRII=-1 )w ARI.M W ❑ I XH' THE OI F IC[ RE MI MBCR N!A F. L. L-AU1 Acceenr g FI r .EASE [::XFMPL.^,YFf $ eL [x• +aacv Ike y IX:IIk)HN (Mand m y In N _ IOrI 0p O s undo, �i)escr:pnan D`rye znO�S be a� DFSCPoPllON PFRAJUNS CAT 1ON k,EHt LES (AOR[' 101 ikml.armz Reruattul2duly, aN , of J(1 Pdi^1[l,Iact} myue" DCYF 817 E -ren[ AV - 42!"3 Spokane VVS 99212 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ON ACCORDANCE WITH POUCY PROVISIONS. © 1988-2015ACORD CORPORATION. All rights reserved. ACORD 25 )2016/03) The ACORD name and logo are registered marks of ACORD s h m O m m Z N �•,_ N 0 n A 0 0 � f.i 0 - w >ZBHMNI,