HomeMy WebLinkAboutPSA Accurate Electric Unlimited LocksPROFESSIONAL SE CES AGREEMENT
This Agreement is made by and between Kittitas County (hereinafter "the County")
and Accurate Electric Unlimited, lnc. (hereinafter "Contractor''). The County and
Contractor agree as follows:
General Conditions; Exhibit A (Scope of Work); Exhibit B (Compensation);
Exhibit C (Proof of lnsurance).
copies of which are attached hereto and incorporated herein by this reference as fully as if
set forth herein.
The term of this Agreement shall commence upon signature by all parties, and
continue until completion of the project. 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
lndemnification provisions set forth in Paragraphs 7 (lndependent Contractor), 9 (Taxes),
15 (Defense and lndemnity Agreement), 21 (PatenUCopyright lnfringement) and 24
(Confidentiality), are totally and fully part of this Agreement and have been mutually
negotiated by the parties.
Professi onal Services Ag reement (r ev . 09 124 120 1 8)
Page 1 of 17
of
APPROVED:
Accurate Elestric Unlimited, lnc.BOARD OF COUNry COMMISSIONERS
KITTITAS COUNTY,GTON
WTNESS WHEREOF, the parties have executed this Agreement this
2A20.
Ho^,
Ed/*,-rd r* v'Jo'
,i$ignatur${srgnatot&-ate
l5o * &rro.$.*^-
Print Name of Signatory
Commissioner
4
VC
,g
//ililtttlt\\\
Contractor Address:
PO Box 871866
Vancouver, WA 98687
Project Contact:
James Monroe, AEU
Professional $ervices Agreement (rev. 09/24120 1 8)
Page?ol17
By I '>
Depu$ Prosecuting
County's
Kittitas Coung
205 West Sth Avenue, Suite 108
Ellensburg, WA 98926
Project Contact:
Steve Panattoni, Commander
(509) 962-7527
;\l
=:
-Ai.
the
GENERAL CONDITIONS
1 Scooe of Co ntracto r'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 othenryise 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 lnsureds" means the County, its successors and assigns, and
the respective directors, officers, employees, agents and representatives of
the County and its successors and assigns.4.2 "Support" means the following: Contractor's directors, officers, employees,
agents and representatives; and sub-Contractors of any tier; the 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 orthis 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. Accountino and Pavment 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 othenruise provided in Exhibit "B", bv 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".
Professiona I Services Ag ree ment (r ev . 09 124 1201 8)
Page 3 of 17
6. Assionment and Subcontractinq:
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. lndeoendent Contractor:
The Contractor's seryices shall be furnished by the Contractor as an independent
Contractor and nothing herein contained shall be construed to create a relationship of
employer-employee or master-servant, but all payments made hereunder and all services
performed shall be made and performed pursuant to this Agreement by the Contractor as
an independent Contractor.
The Contractor acknowledges that the entire compensation for this Agreement is specified
in Exhibit "8" and the Contractor is not entitled to any County benefits including, but not
limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to Kittitas County employees.
Contractor will defend, indemnify and hold harmless the County, its Additional lnsureds,
officers, agents or employees from any loss or expense, including but not limited to
settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or
demands because of breach of the provisions of this paragraph.
8. No Guarantee of Emplovment:
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 lnternal Revenue Service
at the end of the calendar year in accordance with the applicable IRS regulations. lt is the
responsibility of the Contractor to make the necessary estimated tax payments throughout
the year, if any, and the Contractor is solely liable for any tax obligation arising from the
Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify
the County against any demand to pay taxes arising from the Contractor's failure to pay
taxes on compensation earned pursuant to this Agreement.
The County will pay sales and use taxes imposed on goods or services acquired
hereunder as required by law. The Contractor must pay all other taxes including, but not
limited to: Business and Occupation Tax, taxes based on the Contractor's gross or net
Professional Services Ag reement (r ev. 09 I 24 I 20 1 8)
Page 4 of 17
income, or personal property to which the County does not hold title. The County is
exempt from Federal Excise Tax.
10.ations and ut
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 ht 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 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 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.
Professional Services Ag reement (r ev . 09 I 241 20 1 8)
Page5of17
12.5 lf any change results in a decrease in the Work performed, Contractor shall
be entitled to compensation associated with changing the Work, such as
revising design already completed, revising calculations already performed,
and revising documents.
13. Termination for Default:
lf the Contractor defaults by 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. lf 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.
lf a notice of termination for default has been issued and it is later determined for any
reason that the Contractor was not in default, the rights and obligations of the parties 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 blic 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 & lndemnitv Aoreement:
The Contractor agrees to and shall defend, indemnify and hold harmless the County, its
Additional lnsureds, appointed and elective officers, agents and employees, from and
against all loss or expense, including but not limited to judgments, settlements, attorney's
fees and costs by reason of any and all claims and demands upon the County, its
Additional lnsureds, its elected or appointed officials, agents, or employees for damages
because of personal or bodily injury, including death at any time resulting therefrom,
Professional Services Ag reement (rev. 09 I 24 I 20 1 8)
Page 6 of 17
sustained by any person or persons and on account of damage to property including loss
of use thereof, whether such injury to persons or damage to property is due to the
negligence of the Contractor, its sub-Contractors, its elected officers, employees or their
agents, except only such injury or damage as shall have been occasioned by the sole
negligence of the County, its Additional lnsureds, appointed or elected officials, agents, or
employees. lt is further provided that no liability shall attach to the County by reason of
entering into this contract, except as expressly provided herein.
16. lndustrial lnsurance Waiver:
With respect to the performance of this Agreement and as to claims against the County, its
Additional lnsureds, officers, agents and employees, the Contractor expressly waives its
immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act,
for injuries to its employees and agrees that the obligations to 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 Law:
ln the event that any litigation should arise concerning the construction or interpretation of
any of the terms of this Agreement, the venue of such action of litigation shall be in the
Superior Court of the State of Washington in and for the County of Kittitas. This
Agreement shall be governed by the law of the State of Washington.
18. Withholdinq Pavment:
ln the event the Contractor has failed to perform any obligation to be performed by the
Contractor under this Agreement within the time set forth in this Agreement, then the
County may, upon written notice, withhold all monies due and payable to Contractor,
without penalty, until such failure to perform is cured or otherwise adjudicated.
19. Future Non-Allocation of Funds:
lf sufficient funds are not appropriated or allocated for payment under this Agreement for
any future fiscal period, the County will not be obligated to make payments 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
Professiona I Services Ag reement (r ev . 09 I 24 I 20 1 8)
Page7 of '17
20.3
20.4
20.5
20.6
obligations of the Contractor under this Agreement in accordance with its
terms.
This Agreement has been validly executed by an authorized
representative of the Contractor and constitutes a valid and legally
binding and enforceable obligation of Contractor.
The Contractor has or will obtain prior to the commencement date such
licenses, permits and other authorizations from federal, state and other
governmental authorities, as are necessary for the performance of its
obligations under this Agreement.
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.
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. PatenUCopvriqht lnfrinqement:
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
Professional Services Ag ree me nt (rev . 09 I 24 I 20 1 8)
Page8of17
made of record in the manner hereinafter specified and within the time limits
stated, the records, orders, instructions, and decisions of the Kittitas County
Commissioners shall be final and conclusive.
22.2 Notice of Potential Claims
The Contractor shall not be entitled to additional compensation which
othenruise 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 ltems 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. Confidentialitv:
The Contractor, its employees, sub-Contractors, and their employees shall maintain the
confidentiality of all information provided by the County or acquired by the Contractor in
performance of this Agreement, except upon the prior written consent of the Kittitas
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 lnsureds, 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.
Professiona I Services Ag reeme nt (rev . 09 l24l 20 1 8)
Page 9 of 17
To the extent that any information obtained by the Contractor is required to be shared with
or provided to others by the terms of the Statement of the Work, this provision is not
breached by such acts.
25. Notice:
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement,
except service of process, notice shall be given by the Contractor to the department head
of the department for whom services are rendered, and to the Kittitas County
Commissioners, 205 W sth Ave, Suite 1OB, Ellensburg, WA 98926. Notice to the
Contractor for all purposes under this Agreement shall be given to the address reflected on
the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first
class, postage prepaid.
26. Severabilitv:
lf any term or condition of this Agreement or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To
this end, the terms and conditions of this Agreement are declared severable.
27. Miscellaneous:
27.1
27.2
27.3
27.4
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 fullforce and effect.
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.
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.
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
Professiona I Services Ag ree ment (rev . 09 124 120 1 8)
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, 16, 17,18, 19, 20,21,22,23,24,28,
30, 31, and 32 shall survive, notwithstanding the termination or invalidity of this Agreement
for any reason.
30. Nondiscrimination
30.1 The County is an equal opportunity employer
30.2 ndiscrimination in Em
ln the performance of this Agreement, the Contractor will not
discriminate against any employee or applicant for employment on the
grounds of race, creed, color, national origin, sex, 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 lf 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.
Professiona I Services Ag reement (r ev. 09 124 I 20 1 8)
Page11of17
31. Prevailinq Wase:
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
lndustrial Statistician of the Department of Labor and lndustries. lt is the Contractor's
responsibility to verify the applicable prevailing wage rate. lt is understood that the
Contractor is responsible for obtaining and completing all required government forms
and submitting same to the proper authorities.
Disputes regarding prevailing wage rates shall be referred for arbitration to the Director
of the Department of Labor and lndustries. The arbitration decision shall be final and
conclusive and binding on all parties involved in the dispute as provided for by RCW
39.12.060.
32. Debarment Certification:
The Contractor certifies that it:
32.1 ls not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any Federal
department or agency.
32.2 Has not within a three-year period preceding the execution of this contract
with Kittitas County, been convicted of or had a civiljudgment 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 embezlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice.
32.3 ls not presently indicted for or othenruise 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.
Professi onal Servi ces Ag ree ment (rev. 09 124 I 20 1 8)
Page 12of 17
EXHIBIT "A"
SCOPE OF WORK
In addition to providing all material and labor, the Contractor shall perform the following:
Add two mag locks with DPS, 1 REX, one lntercom, and one Camera to the two
public entry glass doors room 136. lnterface wires into the existing Modicon
Quantum PLG, Harding and Vicon systems. Doors to be controlled from the
control room touch screens. Gitect HMI (2ea). Door raceway conduit and wiring
by Gounty.
P rofessi ona I Services Ag ree m ent (rev . 09 I 24 I 20 1 8)
Page 13 of17
EXHIBIT ''B"
COMPENSATION
As full compensation for satisfactory performance of the work, the County shall pay
Contractor compensation not to exceed:
$6,779.48 plus sales tax as stated on the Work Order Estimate dated 03116120
P rofessi ona I Services Ag ree ment (rev . 09 I 24 l2A 1 8)
Page 14 ol 17
EXHIBIT ''C''
PROOF OF INSURANCE
The Contractor shall secure and maintain in effect at all times during performance of the
Work such insurance as will protect Contractor, its Support and the Additional lnsureds
from all claims, losses, harm, costs, liabilities, damages and expenses arising out of
personal injury (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 Vll or better in the most recently published
edition of Best's Reports unless otherwise approved by the County. lf 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 Gene I Liabilitv lnsurance
Coverage limits not less than:. $5,000,000 per occurrence. $1,000,000 per occurrence liquor liability. $1,000,000 products & completed operations aggregate. $1,000,000 personal and advertising injury, each offense. Certificate Holder - Kittitas Countyo The Certificate must name the County as additional insured. Sixty (60) days written notice to the County of cancellation of the insurance
policy
[l Commercial Automobile Liabilitv Insurance (if ANY use of vehicle in performance)
Automobile Liability for owned, non-owned, hired, and leased vehicles (MCS g0
endorsement and a CA 9946 endorsement must be attached if 'pollutants' are to be
transported). Coverage limits not less than:. $1,000,000 combined single limit. Thirty (30) days written notice to the County of cancellation
of the insurance policy.
Workers' Comoensation
Professiona I Services Ag ree me nt (r ev. 09 I 24 I 20 1 8)
Page 15 of 17
Additional Coverage May Be
Workers' Compensation in amounts required by law
! Stop Gap/Employers Liabilitv
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 lnsurance
covering professional errors and omissions. Such policy must provide the
following minimum limits:
' $1,000,000 per claim. $2,000,000 annual aggregate. lf insurance is on a claims-made form, its retroactive date, and that of all
subsequent renewals, shall be no later than the effective date of this
Agreement.
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/oro Remediation, abatement, repair, maintenance or other work with lead-based
paint or materials containing asbestos; and/oro Transportation of hazardous materials away from any site related to this
project
Such Pollution Liability policy shall provide the following minimum coverage:r $ per claimr $ annual aggregate
Prooertv Dam aqe
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:o $ per occurrence
! Umbrella Coveraqe
Professional Services Ag reement (rev . 09 I 24 I 20 1 8)
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.o Amount required for this Agreement: $
Contractor shall furnish the County a Certificate of lnsurance 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 Gertificate of
lnsurance 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.
Professiona I Services Ag reement (r ev. 09 I 24 120 1 8)
Page17 of17
WORK ORDER ESTIMATE
Especially Prepared for: Kittitas County
Contact: Karra Bailey
Telephone: (509) 607-9698
Accurate
EI.ECTRIC UNTIMITED, INC"
COMMERCIAL . I NDUSTRIAT
PROBLEM Add two mag locks with DPS, I REX,
one Intercom, and one Camera to
the two public entry glass doors
room 136. Interface wires into the
existing Modicon Quantum PLC,
Harding and Vicon systems. Doors
to be controlled from the control
room touch screens. Citect HMI
(2ea). Door raceway conduit and
wiring by County.
Accurate Electric Unlimited, lnc.
PO Box 871866
Vancouver, WA 98687
SERVTCE TECHNTCTAN(S)
DESC RIPTION PORTAL PORTAL TOTALS RATE gt EXT
TRAVEL 1
TRAVEL TIME
Journeyman: Shop test
Journeyman: On Site
Installer;
Car Rental:
Per Diem:
Lodging:
225 225 4s0 $
e.0 $
0.0 $
16.0 $
0.0 $
0,0 $
2s
2s
0.s6 $
119.00 $
119.00 $
119.00 $
gs.oo $
ss,00 $
3o.oo $
140.00 $
252.00
1,071.000
1,904,00
1
1
60.00
280.00
PROGRAMMER
DESCRIPTION PORTAL PORTAL TOTATS RATE $t EXT
MILEAGE:
TRAVEL TIME:
Remote:
Airfare:
Car Rental:
Per Diem:
Lodging:
Material
1 0 0 0
0,0
6
0
0
0
0
{
$
$
$
$
s
5
0.s6
139,00
139.00
600,00
135.00
30.00
140.00
$
$
$
$
$
$
$
834.00
ZBrackets 2 $ 35.49 70.98
650.00
97.50
715.00
Conduit/Hardware @ Lock, IC and Camerar - MISC 1 $ 650,00
Harding 2 wire exterior IC Station 1 $ 97.50
Vicon Exterior IP Fixed Dome Camera 1 $ 715.00
I Bosch REX IR device 0 $ 97.50
Confirm pats are compatible 0 $
County to provide receway & cable pull 0 $
WA Only: Filing fee and affidavid if required 0 $ 100,00
Shipping: 1 $
This is a Work Order Estimate where AEU makes every attempt
to identify the complete scope of work requested, However, SUB-TOTAL: $ 6'779.48
unforseen latent conditions may arise where additional time or SALES TAX: $
materials may be required to complete the scope of work. TOTAL: S 6,779.4g
IF PAID BY CREDIT CARD: S 6,982.86
Estimate does not include sales tax
Terms: Net 30 - Credit Card 3olo add
1
KITTITAS COUNIY BOARD OF COUITISSIONENS
REsolurroN xo. 1l - t og
RESOLUTION GOVERNIIIC THE DISIRTBUTION OF
RSVENUE PROH XITTITAS COI,TTY PUBLTC
SAFETY BUTLDINC IHI,!,ATE TELJSPHONE SERVICES
I{uERt:As, an lnEat€ telephone eeri'\rice was lnstalled ln the
Klttltas County Publlc Satety Bulldlng, Xlttltas County
Sherlffrs Departbent, by catenay Technology, fnc., Carrollton,
T€xas, in June of 1991i and
l{tlEREAS, the Installatlon of thls systen resultg ln tho
recelpts of certain revenues lron Lnrato lnitlated telcphona
calls fron the Klttitas County Pr.rbllc Safety Buildlngl and
WHER.EAS, the Board of Klttltas County Corulleeloners,
having consldered this revenue and the falr and ratlonal
dletribution of such revcnue, conclucles that lt should bc us€d
for the beneflt of the Rrblic safety fuildlng lacilltles a.nd
Inrnatcs housed thercini and
I
WHEREAS, the Board of Xtttltas county Conulsrionera flnds
that there ls a continuing and ongolng need tor capltal
lnprovenent and capiba). repalr ln the Pubtlc safcty Bulldlng;
NOI{, THER.EFORE,
BE IT HEREBY RESOLVED ag follows:
l. There ls hereby cretted an account ln the capltal
IDproveDcnts Fund entltled ttPubllc Safety 8ulldlng ProJccta.h
lrEsol,rrrroN wo. 9t- lnf
PAGE 1
9^vto A, Plrrs
rltl'tlt cg.rn @i,ln qrll. roo{ trtl|ul€sl wat ratfl:totrtItuiil{ tt arl.tttr
I
t
4
t
6
1
E
9
t0
ll
l2
It
l4
I5
t6
t?
It
l9
20
2t
23
l{
I
t
l
{
5
6
7
I
9
to
il
n
ll
l4
t5
l6
t7
l8
r9
t0
3l
22
23
24
2. Ninety percent (90t) of all net rev€nue fron the
Inrnate Telephone Senrice shall be deposited lntcj capital
InproveE€nts Fund for the account of Publlc safety Bulldlng
ProJects, Hhlch Doney thall be used for capltal I'nproveroents
as governed by the Revised Code of Washlngton, county
ordinances, and state Audttorrs offlce.
3. Ten percent (1o*) of all net revenue frorn the frulate
Telephone Service shall be deposited Lnto the fnroata w€lfare
Fund adminlstered by the Sherlffrs DepartDent under such
restrictions and rules as already govern monles ln thls fund.
BOAND OF XITTITAS COUNTY
coHl.t
cha
ATTESI:F
$erk
(
v t
PAGE 2 ;t
OAVID A PITIS'
ilmr[cqr.nffildJ|a. Hnl[6it4rHtO.rn}Dt
,{
KIl |rItrE8 COI'NIIY BOARD O]F COUUIS ONERS
RESOI,U|IIOII NO.
RESOLUTION GOVERNING THE DISTRIBUTION OF REVENUE
FROM KITTITAS COTTNTY PUBLIC SAFETY BUILDING INI-{ATE
TELEPHONE SERVICES.
WHEREAS, an inmate telephone servj.ce was installed in the
Kittitas County Public Safety Building, Kittitas County
Sherifffs Departrnent, by Gateway technology, Inc., Carrollton,
Texas, in June of 1991r' and
WHEREAS, the installation of this system results in the
receLpts of certain revenues from inmate initiated telephone
calls frorn the Kittitas County Pub1ic Safety Building; and
WHEREAS, the Board of Kittitas County Conmissioners,
having consLdered this revenue and the fair and rational
dlstribution of such revenue, concludes that it should be used
for the benefit of the Public Safety Building facilities-'and
inmates housed therein; and
WHEREAS, the Board of Kittitas County Cornmissioners, have
previously, through Resolution 91-109, established the
appropriate uses for such funds, and the proper locatlon
within the accounts of Kittitas County for such funds to be
deposlted; and
WHEREAS, the Board of Kittltas County Cornmlssioners have
ResoLutlon No.qh- t4b
had the tiure to review how that Resolution has controlled
these funds, and the practical appllcation of such Resolution
to these funds; and
Wninras, ttre Board of KlttLtas County ConrmisEioners finds
that there is a continuing and ongoing need for capital
improvement and capital repaLr in the Publl.c lafety guilding;
NOW THEREFORE,
BE IT HEREBY RESOI,VED AS fOIIOWS:
1. Such funds shatl no longer be deposited into the
Capital Improvements Fund, under titLe'Public Safety Building
ProJectsn, rather, such funds shall be deposited to the
General fund. Such change shall not authorize a different use
of these funds fron the prior Resolution, 6xcept as authorized
herein.
2. NinetY Percent(9ot) of all
Inmate Telephone Service shalL be deposlted into the General
Fund for the account of Public Safety Building Projects, which
money shall be used for capital irnprovements, to include both
proJects to improve the building as well as for replacement
of, and acquisition of, equipment necessary to run the Public
safety Buildingr ?s governed by the 'Revised code of
l{ashington, county ordinances, and State Auditorrs Office.
Resorution No . 9U' t'lb
t'tt{
Fund adnlnistered by the sheriff,ts Department under
restriction:r: .:;:";"ff': ffiH, at:: w
3. Ten percent(lot) of all net revenue from the Inmate
Telephone Service shall be deposited into the Innate l{elfare
such
fund.
BOARD OF KITTITAS COT'NTY
COMMI
Cha
I
Mernber
Member
as to Forn:
empel r{sBA# 19125
AttorneY
ResoLution No.1U- r'l h
. x*s'o,..rr.rron .*"S*fi#ffolol*or' r'LEpf,ors's
THIS AGREEMENT, entered into ttrislB\ RLaav oftA.l1993, by.and between the Kittitas CounQL bilenstu;ilr*$Sfof Washington, hereinafter referred to as rCtifulrunand
GATEWAY Technologj-esrInc., hereinafter referred to asTGATEWAyil.
1.tlERuThe terrn of- this Agreenent shall be for a period of (4)years commencing at the termination of the preient agreemenion April 4, 1994.
1 . 1 CLIENT r-nay cancel this Agreement with thirty ( 30 )days advance notice in the eveot that GATEWAY fails to irakithe payments required by paragraph 8.1 herein.
t.2 GATEWAy -nay cancel this Agreement lrith tbirty (30)days advance- written notice if GATEWAY deterrnines tnatproviding telephone service to CLTENT negatively impacts thebusiness of GAIEWAY.
2. SPECITIC AUITEORTZATTON
crJrENT hereby authbrizes cArEwAY to install equipnentspecified herein and to provide telephone service foi aLlinmate telephones located at CLfE$t,S designated site.During the term of the Agreement, GATEWAY shall be theerclusj.ve provider of innate teJ-ephone senrice at theCLIENT's designated sj.te.
3. PRODUC.rS AND SERVTCE8 !O BE PNOVTDED3.1 GATEWAY shall install and maintain, at its sole costaTd erpense, alr phones as required. GAEEWAY may contractwith a locar contractor to instalr telephones ana wiring.
GATEWAY personnel will oversee contractorrs work to assurethat all work has been pelformed according to specifieationand then place the Systen in service.3.2 If additional wiring or conduit needs to be run inorder to complete installation, GATEWAY may enploy alicensed contractor. CLTENT shall have the optfon of nainingsuch contractor.3.3 CATEWAY shall maintain the lnmate telephone systemin operational condition at all tines. should brealcdownoccur or should the system become inoperable or not
lunctioning in accordance with speciflcationl. CLTENT sh,allirunediatery contact cATEwAy's senrice department at l-go0-395-1535 and describe the nature of the problern. GATEWAYpersonner will then attempt to remotely diagaose and correctthe probrem. All repair work sharl be done ln such a manneras to minimize the d,i sruption of inrnate telephond serrriceand assure the integirity of facility security at att tjmes.
pagelof3pages
8. COMMISSTONS
8.1 GATEWAY shall pay the CLIENT an amount of money
equivalent to twenty five (25t) of gross revenues received
by GATEWAY from the 8i11ing and Collection agent, cal.culated
monthly, from inmate telephone calls orginating from thejail . facility and processed by GATE!{AY's equipment.
CommLssions paid on locaL and long distance calls.
8.2. Corunissions shall be payable to: \Kittitas County Corrections Center
205 West Sth Avenue
Ellensburg, WA 98926
8.3 In consideraticin for renewal of the agreernent
GATEWAY wiII furnish and install at no expense to Kittitas
County Jail 3 new sets of sound powered visitor phones. Costof phones $753.00.
g. Any notices to be given hereunder shall be directed
as follows:
To:
10.
betweenwritten
Kittitas Co. Corr. Center
205 West 5th Ave
Ellensburg, WA 98926
Attn. Sheriff McBride
This Agreementthe parties and
communications.
To: GATEWAY TechnologiesOffice 1840 Huttton Dr.Carrollton, Tx 75006Attn: W of Marketing
represents
supersedes
entireprior agreementoral and
theall
11. This agreement shall not be blndlng upon eitherparty until accepted in writing by an authorizedrepresentative of GATEWAY at its offlces in Carrollton,Texas. Upon such acceptance this. Agreement shall be
binding upon the parties hereto, their successors and
assigns.
Kittitas Coun GATEWAY Technologies, Tnc.
By:By
t FF
page 3 of 3 pages Revised 08-18-93
Kittitas County
Review Form
Grants & Contract Agreement
Today's Date
July L3,2020
Agenda Date
0
Fund/Department
30 / Sheriff
Contract/G ra nt I nformation
Contract /Grant Agency: Accurate Electric Unlimited, lnc
Period Begin Date: Upon signature.Period End Date: Upon completion of work.
Total Grant/Contract Amount: 56,779.48
Grant/Contract N u mbe r: SHLS-O27
Contract/Grant Summa ry:
Request to approve a Professional Services Agreement for electromagnetic front door locks for the jail
public entry. To include labor, materials, programming, and testing of (2) electromagnetic door locks
which can be monitored and operated from the control room. Cunently the public entry doors from 6th
Avenue are unlocked24lT allowing uncontrolled access to the jail lobby. The project shall be funded by
revenues generated by the Inmate Telephone Service in accordance with Kittitas County Board of
Commissioners Resolution No. 91-109 and96-146. A copy of which has been attached.
Financial lnformation
Budget lnformation
Pass Thro lnformation
Prosecutor Review
Total Amou nti 56,779.48 State Funds S0 Federal Funds S0
Percentage County Funds Matching Funds S0 CFDA# NA
ln-Kind S0
Explain
ls Equipment being purchased? Yes Who owns equipment? County
New Personnel being hired? No Contact HR hiring - N/A
Budget Amendment Needed?Yes ! attach budget form No E Why not: Using existing funds
New Division Created? NO
Revenue Code
ExpenseCode 001-30L00156403
Agency to Pass Through NA
Amount to Pass Through $o
Sub-Contract Approved Date
Grant/Contract Review Page 1.
reement?Has the Prosecutor reviewed this Yes No CAMAS# 473s8
County Departments lm acted
Submitted
Auditor Facilities Maintenance
lnformation Services Human Resource
Prosecutor Treasurer
Signature: fL.,- % n Date: 7.l j.tot-a
Department: SMriff
ment of Tracking lnformation
Auditor's Office
Human Resource
Prosecutor's Office -..r L^ #275'* </>s/>eza
Who Signed the grant application (I
Reviewer Date
Grant/Contract Review Page 2