Loading...
HomeMy WebLinkAboutRes-2021-140BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESO UTION No.2021- I +0 A RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR PROVISION OF THE YOUTH RECREATIONAL SCHOLARSHIP PROGRAM WHEREAS' Kittitas County desires to aid and facilitate youth activities; and WHEREAS' Kittitas County has previously contracted with HopeSource, a non-profit organization, for provision of the Youth Recreational Scholarship Program; and WHEREAS' Kittitas County desires to contract with HopeSource for continued provision of this program through the end of 2022. NOW' THEREFORE BE IT RESOLVED, The Kittitas County Board of County Commissioners authorizes execution of the attached Professional Services Agreement with HopeSource for provision of the Youth Recreational Scholarship Program. DArED tni, ? h a"v ,r Befrmh\ r,2o2r BOARD OF CO COMMISSIONERS CO w GTON c [-li TJ ommlssloner of the oard APPROVED AS TO FORM: Deputy Prosecuting Attorney This Agreement is made by and between Kittitas County (hereinafter "the County,,)and HopeSource (hereinafter "Contractor"). The County ano Contiactor 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 of this Agreement shall commence on the 1.t of January 2A21 andcontinue until the 31st of December 2a22...Any party may terminate this Agreement bygiving. thirty (30) days' notice in writing either personally delivered or maiied postage-prepaid by certified mail, return receipt requested, to the pirty's last known address for thepurposes of giving notice under this paragraph. Contractor acknowledges and by signing this Agreement agrees that thelndemnification provisions set forth in earigraptrs 7 ltnJ"p"noent contralto4, s (Taxes),15 (Defense and tndemnity Asreement),- 21 (patinucbpviigni irfri;;;;"nt) and 24(Confidentiality), are.totally and fully part of this Agreement-and hav6 been mutualynegotiated by the parties. Profess i or a_l Services Agree m ent (rev . 09 t24 I 201 g) Page 1 of '17 ' .Sai #l)f;Jl W''HEREoF, the parties have executed this Asreement this 1!;^, HOPESOURCE Signature of Signatory (Date eLft.Z| ) APPROVED: BOARD OF COUNW COMMISSIONERS KITTITAS COUNTY NGTON c ;! Print Name of Siqnatorv flfl.trc>fi^'d/€ i' rm rd F o Contractor Address: Project Contact: Andrew Lyons, HopeSource Vickie Nesbit, HopeSource Susan Grindle, HopeSource By: Deputy Prosecuting Attorney County's Address: Kittitas County 205 West 5th Avenue, Suite 108 Ellensburg, WA 98926 Project Contact: Brett Wachsmith, Commissioner Budget and Finance Manager P rofes,sional Servi ces Ag reement (rev Og 124 1201 g) Page2 of 17 GENERAL CONDITIONS 1. Scope of Contractor's Services: Contractor agrees to provide to the County services and any materials set forth in theproject narrative identified in Exhibit "A" during the Agreement period. No material, labor,or facilities will be furnished by the Counly, unless othenrise provided for in theAgreement. 2. Performance of Work: Contractor shall perform work in accordance with, and shall comply with, all of theprovisions of this Agreement. Allwork shall comply with applicable codes and ordinances. 3. Schedule of Performance: Unless directed othenryise 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 ine 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 Payment for Csntractor Services; Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "8". Where Exhibit "8" requires payments by thebounty, payment shall be based upon billings, supported unless otherwise plovided in fxfrinit "B",'by documentationof units of work actually performed and amounts earned, including where'appropriate, theactual number of days worked each month, total number of houri for the month, and thetotal dollar payment requested. Unless specifically stated in Exhibit "8" or approved inwriting in advance by the Kittitas County Board of Commissioners, the County will notreimburse the Contractor for any costs or expenses incurred by the Coniractor 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 thecontractor's service pursuant to the fee schedule set forth in Exhlbit "8". Professional Services Agreement (rev. 09124 t2O1 g) Page 3 of 17 6.. Assionment and Subcontracting: No portion of this Agreement may be assigned or subcontracted to any other individual,firm or entity without the express and prior r,iritten appiovat of the county. - 7. lndependent Contractor: The Contractor's 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 and all servicesperformed shall be made and performed pursu"nt to this Agreement by the Contractor asan independent Contractor, The Contractor acknowledges that the entire compensation for this Agreement is specifiedin Exhibit "8" and the Contractor is not.entitled to any County beneits inciuding, but notlimited to: vacation pay, holiday pay, sick leave pay, medicai, dental, or other insurancebenefits, or any other rights or privileges afforded to fittitas County employees. Contractor will defend, indemnifu and hold harmless the County, its Additional lnsureds,officers, agents or employees irom any loss or expense, incjuding but not limited tosettlements, judgments, setoffs, attorneys' fees or costs incurrea oy"reason of claims ordemands because of breach of the proviiions of this paragraph. 8. No Guarantee of Emplovment: The performance of all or part of this Agreement by the Contractor shall not operate tovest. any employment rights whatsoever and shall not be deemed to guarantee anyemployment of the Contractor or any employee of the contractor or any su5-Contractor orany employee of any sub-Contractor by the bounty 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' Where required by Slate or Federal law, the Contractor authorizesthe County to make withholding for any taxes other than income taxes g.l. Meoicare). AllGompensation received by the Contractor will be reported to the lnternal Revenue Serviceat the end of the calend ar Year in accordance with ihe applicable IRS rgrt"tionr. lt is theresponsibility of the Contractor to make the.necessary esiimated tax p"v"r"ntr throughoutthe year' if any, and the Contractor is solely liable for any tax obligation arising from theContractor's performance of this Agreement. The Contractor hereby agrees to indemniflTthe County against.any demand to pay taxes arising from the Contracior,s failure to paytaxes on compensation earned pursuant to this Agreiment. The County will pay sales and use taxes imposed on goods or services acquiredhereunder as required by law. The Contractor must pay all otner taxes including, but notlimited to: Business and Occupation Tax, taxes based on the Contractor,s gross or net Professional Services Agreement (r ev . 09 I 24 t20 1 B) Page 4 of 17 rncome, or personal property to which the Cou nty does not hold title. The County isexempt from Federal Excise Tax 12.4 10. Requlations and Requirement: This Agreement shall-be subject to all laws, rules and regulations of the United States ofAmerica, 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. 1 1. Riqht to Review: This contract is subject to review by any Federal or State auditor. The County or itsdesignee shall have the right to review and monitor the financial and service componentsof this program by whatever means are deemed expedient by the County. Such reviewmay occur with or without notice, and may include, but is not limited to, on-site inspectionby county agents or employees, inspeciion of ali records or other materials which theCounty deems pertinent to the Agreement and its perlormance, and any and allcommunications with or evaluation by service recipienis under this Agreement. TheContractor shall preserve and maintain all financial records and recordi relating to theperformance of work under this Agreement for 6 years after contract termination, and shallmake them available for such review, within t<itiltas County, State of Washington, uponrequest. 12. Modifications: 12-1 Either party may request changes in the Agreement. Any and all agreedmodifications shall be in writing, signed oy eaih of the parties. 12.2 The County may, at any time, by written notice thereof to Contractor("Change Notice") makes changes h the Work within the general scope ofthis Agreement, including, but not limited to: (a) changes-in, revisions to,substitutions for, additions to or deletions of'any W6rk; (b) changes inschedule; and (c) acceleration, deceleration or suipension of performance of any Work. 12.3 lf any change in the Work causes an increase or decrease on Contractor,scost of, o1 the time required for, performance of the Work, an equitableadjustment in the compensation to Contractor and in the schedule for theperformance of the Work shall be made to reflect such an increase ordecrease. Notwithstanding any.dispute or delay in arriving at a mutually acceptableequitable adjustment, contractor shall proceed in accordahce witn allchange Notices. contractor must, within thirty lsoy days after receipt or "nvchange Notice that does not set forth any ac-ceptable Ldlustment, submit tothe county a written statement setting forth any adjustment claimed. P rofes_sior gL Se rvices Agreement (r ev . 0g t24 t201 gl 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 calculation-s already performed, 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 bankrupt or commits any act-of bankruptcy oi insolvencyor makes an assignment for the benefit of creditors, the Cbunty may, by'deiositing writtennotice to the Contractor in the U.S. mail, postage prepaid, terminate the'Agreement, and atthe County's option, obtain performance of ine work elsewhere. lf th; Agreement isterminated for default, the Contractor shall not be entitled to receive any furthJr payments under the Agreement until all work called for has been fully performed.'Any extra cost ordamage to the County resulting from suct default(s) shali be deducted from any moneydue or coming due to the Contractor. The Contractor shall bear any extra erpenr"iincurred by the County in completing the work, and all damage sustained, or which may besustained 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 shailbe the same as if the notice of termination had been-issued purslant to the Termination forPublic Convenience paragraph hereof, 14. Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the Countydetermines, in its sole discretion that such termination is in the best interests of theCounty. \Menever the Agreement is terminated in accordance with this paragraph, theContractor shall be-entitled to payment for actualwork performed at unit contraciprices forcompleted items of work. ln the event of such termination, an equitable adjustment shallbe made in the compensation payable to Contractor. An equitable adjustment in the contract price for partially completed items of work will bemade, but such adjustment shall not include provision for loss of anticipated profit ondeleted or uncompleted work. Termination of this Agreement by the County at any timeduring the term, whether for default or conveniencL, shall noi constitute a breach ofcontract by the County. 15. Defense & lndemnitvAgreement: The Contractor agrees to and shall defend, indemnifi and hold harmless the County, itsAdditional lnsureds, appointed and elective officers, agents and employees, from andagainst all loss or expense, including but not limited to judgments, setl'em'ents, attorney's 1e99. .and costs by reason of any and all claims ano Oem"nds upon the County, itsAdditional lnsureds, its electe_d or appointed officials, agents, or employees for damagesbecause of personal or bodily injury, including death-at any time resulting therefr6m, Profes_s ional Services Agreement (rev . 09 I 24 t201 g) 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 damagJ to prop'ery is due to thenegligence of the Contractor, its sub-Contractors, its electe'd officersi ".itoy"et or theiragents, except only such injury or damage as shall have been occasioned by the solenegligence of the County, its Additional lnsureds, appointed or elected officials, igents, oremployees' lt is further provided that no liability shall attach to the County by r6ason ofentering into this contract, except as expressly piovided herein. 16. lndustrial lnsurance Waiver: With respect to the performance of this Agreement and as to claims against the County, itsAdditional lnsureds, officers, agents and employees, the Contractorixpressly waives itstmmunity under Title 51 of the Revised Code of-Washington, the lndustiial lnsurance Act,for injuries to its employees and agrees that the obligatidns to indemnify, defend and holdharmless provided in this agreementextend to anyilaim brought nv di on behalf of anyemployee of the Contractor. This waiver is mutuilly negotiateA Uy ttre parties to thisAgreement. 17. Venue and Choice 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 shall be in theSuperior Court of the State of Washington in and for the Couity of Kittitas. ThisAgreement shall be governed by the law oithe state of washington. 1 8. Withholding Payment: ln the event the Contractor has failed to perform any obligation to be performed by theContractor under this Agreement within the time sei tort[ in this Agreement, then theCg.unty may, upon written notice, withhold all monies due and p"yiUt" to Contractor,without penalty, until such failure to perform is cured or otheruvise adluiicateO. 19. Future Non-Allocation of Funds.: lf sufficient funds are 1ot appropriated or allocated for payment under this Agreement forany future fiscal period, the County will not be obligated to make payments for services oramounts incurred after the end of the current fiscal period. No penalty or expense shallaccrue to the County in the event this provision applies. ?0. c=ontractor comm itments. warranties and Reoresentations: The contractor represents and warrants to ftre county as follows:20'1 The Co.ntractor is duly incorporated, vaiidly existing and in good standing under the laws of the State of Washington, and hai all reqriisite rorpor3["power and authority to enter into and to perform its obligaiions 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 Profess ional Se rvices Agree ment (rev. Og l24l ZO 1 g) PageT of 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 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 anyiourt, 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 perlormance of the obligations contemplated under this Agreement, contains or will contain any untrue statement of a materialfact or omits or will omit to state a material fact necessary to make the statements of fact contained therein not misleading. 21. PatenUCoovriqht Infringement: Contractor will defend and indemnifiT 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 thal 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 orderthat suih matters may be setfled or other appropriate action promptly taken. Except for such objections as are Profession a I Services Ag reem ent (r ev . 09 124 I 201 gl Page 8 of 17 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 othenryise 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 Noticeof 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. Deta 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 Contractorand/or its consultants or sub-Contractors, in connection witir perfoimance of this Agreement shall be the sole and absolute property of the county. 24. eonfidentialitv: The Contractor, its employees, sub-Contractors, and their employees shall maintain the confldentiality of all information provided by the County or acquired by the Contractor inperformance of this Agreement, except upon the prior written consent of the Kittitas County Prosecuting_ Attorney or an order entered by a court after having acquiredjurisdiction over the County. Contractor shall immediateiy give to the County notice of anyjudicial proceedings seeking disclosure of such information. Contractor shall indemnifu 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, -attorn"yr' fees and costs resulting from contractor's breach of this provision. Profession a I Servi ces Agree ment (rev . Ag 124 I 201 g) Page 9 of 17 To the extent that any information obtained by the Contractor is required to be shared withor provided to others by the terms of the Statement of the Work, this provision 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 Contractor to the department headof the department for whom services are rendered, and to the tiittitas Countycommissioners, 205 w sth Ave, suite 10g, Ellensburg, wA 9g926. Notice to theContractor for all purposes under this Agreement shall be given to the address reflected onthe signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid. 26. SeverabiliU: lf any term or condition of this 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. To this end, the terms and conditions of this Agreement are declared severable. 27. Miscellaneouq: 27 '1 The County's failure or delay to 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 or remedies in that or any other instance; rather the same shall be and remain in fullforce and effect. 27.2 27.3 27.4 This Agreement embodies the entire Agreement between the County andcontractor, and supersedes any and all prior agreements, regarding thework. No change, amendment or modification of any provisions oi tni, 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 itris Agre6ment, 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 anyprior or subsequent breach. No terms or conditions of this Agreement shall be held to be Professional Se rvices Agree ment (rev. 09 124120,1 g) 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 T,g, 11, 13, 14, 1s, 16, 17,1g, 1g, 20,21,22,23,24,2g, 30, 31, and 32 shall survive, notwithstanding the termination or invalidity oi tf,lr Agreemeni for any reason. 30. Nondiscrimination: The County is an equal opportunity employer. Nondiscrimination in Emplovmen! ln the performance of this Agreement, the contractor will not discriminate against any employee or applicant for employment on thegrounds of race, creed, color, national origin, sex, seiual orientation, marital status, age or the presence of any sensory, mental orphysical handicap; provided that the prohibition agiinst discriminationin employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The contractor shail 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 belimited to. employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or otherforms of compensation, and programs for training including apprenticeships. The contractor shall take such jction with respect tothis Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 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. lf any assignment and/or subcontracting has been authorized by thecornty, 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 theprovisions in the immediately preceding paragraphs herein. 30.1 30.2 30.3 30.4 Professiona I Services Ag reement (rev . 09 t24120 1 g) Page11of17 31. Prevailing Waqe: 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 lndustries. The scheduleof prevailing wages rates for the locality or localities of the Work is determined by thelndustrial 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 theContractor 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. Pebarment 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 embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice.32.3 ls not presently indicted for or othenruise criminally or iivitty 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 rocar) terminated for cause of defaurt. Profess i onal Services Agree m e nt (rev . 09 I 24 t 2O1 g) Page 12 ol 17 EXHIBIT "A" SCOPE OF WORK In addition to providing all material and labor, the Contractor shall perform the following Professional Services Agreemenl (reu . Ag t241201 g) Page 13 of 17 HopeS OUTCC 700 E. Mountain View Avc. Srite 5C1 Eliensburg, WA 98926 P: 509.925.1448 F:509.925.1204 www. hopesource. us Exhibit "A" Youth Recreation scholarship program Guidelines our mission is to mitigate the effects of poverty and other situations that place a child's social and emotionaldevelopment at risk. The Youth Recreation scholarship is tntenaeJ to n"rp children purti.ipaG in after-school orextracurricular activities. ELIGIBILITY ' Lower Kittitas Coynty residents (zip codes 98925, ggg34, 98950, 98946) must have family income at orbelow 60% of Area Medlan Income (see chart on application). ' upper Kittitas co11tv residents (zip codes 99922,98925,'gegco, 98941 and 9s943) must have familyincome at or berow B0o/o of Area Median Income (see chart on appiication).' children in foster care qualiff with proof of placement in a licensed foster home regardless of income. ADMINISTMTION HopeSource will administer the diSbursement of the Youth Recreation Scholarship funds on behalf of KittitasCounty, the Law and Justice Council, City of Ellensburg, uniteO wav and the Shoemaker Foundation. APPLICATION Families interested in applying for a Youth Recreation Scholarship will submit their application to Hopesourceeither online or on paper. The apprication shaI incrude the roilowrng:1' Application form (includes address, contact information and infoimation about the activity the child isparticipating in) 2. Registration form or other proof of activity cost3' If LowerGounty resident, proof of one month's incomeand names, birth datesand Social Securitynumbers for each family member (oR information on file with HopeSource current within the last year). SCHOLARSH IP-FUN DED ACTIVITIES scholarships can help q9y ror music lessons, art classes, dance, gymnastics, swim lessons, sports leagues, daycamps and more for children age 0-18. The scholarship may ario-be used for equipment for i specific activity ifthe equipment is necessary in order to participate in that activity (for example, soccer cleats for a soccer league). PAYM E NT INFORMATIO N/RESTRICT]ONSo Lower county scholarships:75o/o per application request, not to exceed g75, Limit of g125 per child percalendar year. ' upPer County scholarship.s: Up to $100 per activity per child and up to g100 for purchase of equipment.Parents have $10 co-pay, scholarships limited per calendar year to g1,000 per household or g400 per child. Each parent/guardian should anticipate making a monetary contribution to the activity. HopeSource will sendpayment directly to the organization responsible for the aciivity, The organization mult be able to provide a W-9form to HopeSource to receive payment. APPROVAL Upon final approval for funding, an award letter will be issued, we encourage combined resources to help meetthe financial need for the child. 6ltsl202r EXHIBIT ''B'' COMPENSATION As full compensation. for satisfactory performance of the work, the County shall pay Contractor compensation not to exceed: Professional Services Agreement (rev. 0g t24t 201 B) Page 14 o! 17 EXHIBIT B 202t Youth Prr.pcred By:Aillhor:zed byi HopeSource Oirector Operations Kittitas County Commissioner 8ud3rt Cltclory D.rcrfptlon filtlhlrGonntyYS Direct Service to 5 2,695 Admir l996! aad ooerations l14Ul lncludes pool costs for the program (ll phone. lnsurance, Space + costs for processing checks by the finance department) and wages lo pay staff member for working with scholarship families (income ,erification, application processing, communicatlng with '.ganizations/clients, submitting application for payment, rutreach). S 805 fotal s 3,5m EXHIBIT B 2022 Prepared gy: HopeSource of Operations Kittitas County Commissioner a I rluthorized by: SudtltCatrloiy D.tCdpdon fnilbOmtVVS Sudrct Uggc5e&lee Funds provlded directly to program partlcipants 2,695 Ad,njn {gyrl +nq ogefatiqr$ {1496} Includes pool costs for the program (lT, phone, lnsurance, Space + costs for processing check by the finance department) and wates to pay staff member for working wlth scholarshlp families (income verlfication, application processing, communicatlng with organizations/clientt submittint application for payment, cutreach|.s 805 fotal 1s00 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 th; 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 perfoimance 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 ihsurer 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: X 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 personaland 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 n (if ANy use of vehicle in performance) Automobile Liability for owned, non-owned, hired, and leased vehicles (MCS go endorsement and a CA 9946 endorsement must be aftached 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' Compensation Additional Co Ma Be Professi on al Se rvices Agreem ent (rev. 09 I 24 t 201 gl Page 15 of 17 Workers'Compensation in amounts required by law I Ston Gap/Emplpvers Liabititv 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. fJ Professional Liabitity 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 aggregaten 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 Liabitity The Contractor shall provide a Pollution Liability policy, providing coverage for claims involving bodily injury, property damage (including loss of use ot tangibleproperty 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 setflement of claims arising out of:. Contractor's operations related to this project; and/ore 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 Property Damase 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 coveragelo $ per occurrence Umbrella Coveraoe Profess ional Se rvices Agreement (rev . 09 124 t20 1 g) 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.. Amount required for this Agreement: g Contractor shall furnish the County a Certificate of lnsurance to include the policy Endorsements/Exclusions as evidence that policies providing insurance required by thii Agreement are in full force and effect. Contractor hereby wlives all rights of recourse, including any right to which another may be subrogated, against Kittitas County forpersonal injury, including death, and property damage. Contractor's insurance poiicies 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 oflnsurance 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 cauie 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. Profess iona I Se rvi ces Ag reement (rev . 0g 124 I 20'l 8l Page 17 of 17