HomeMy WebLinkAboutPSA Schuknechts_This Agreement is made by and between Kiftibs County (hereinafter the Count/)
and Schuknechfs Polygraph Seruice (hereinafter 'Contnac.tof). The County and
Gonbactor agree as fullornrs:
Genenal Conditions; Exhibit A (Scope of Work): Exhibit B (Compensation):
Elthibit C (Proof of lnsurance).
copies of which are attached hereto and incorporated herein by this reErence as fully as if
setforh herein.
The term of this Agreement shall oommenoe January 1,2022 and continue until
December 31, 2022. Any party may terminate this Agreement by giving thifty (30)
days'notice in witing either personally delivered or mailed postage-prepaid by certifieO
mail, retum receipt requested, to the party's last known address for the purposes of giving
notice under this panagnaph.
Contrac'tor acknowledges and by signing this Agreement agrees that the
lndemniftcation prcvisions set forfr in Paragnaphs 7 (lndependent Contac{or), 9 (Iaxes),1! (Debnse and lndemnity Agreement), 21 (PatenUcopynght lnfringement) and 24
(Conltdentialtty'), are totally and fully part of this Agreement and have been mutually
negotiated by the parties.
Prcbssional Selices Agreement (rev. Ogn4nffig)
Page 1 of 17
rlT'lIN WTN WHEREOF , the parties have executed this Agreement this day of
2021
APPROVED:
Sysbms for Public Safiety lnc.BOARD OF coilmlssloNERS
(Date
Mce'Chairman
/Ll crtAnO A Jartr4a^rEr+rT
Print Name of Signatory
Cory Wright, Commissioner
COUNTY OF KITTITAS
SHERIFF'S OFFICE
I
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Ilult ttt Clay
By:
Douglas R.
Deputy
as b Form:
of
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Contractofs Address:
413 N 2nd Street
Yakima, WA 98901
Profect Contact:
Rick Schuknecht
County's Address:
Kittitas Countu
205 West 5h Avenue, Suite 108
Ellensburg, WA 98926
ProJect Gontact:
Kim Dawson, O'ffice Administrator
ProFssional Sewices Agreement (ev. Ogn4n}lgl
Page2ot17
GENERAL CONDITIONS
1. Scope of Gontac'to/s Services:
Gontractor agrees to provide to theCounty seMces and any materials set forft in the
proiec't nanative identified in Exhibit',A'during the Agreement period. No material, labor,
or facilities will be fumished by the County, unless othendse provided for in the
Agreement.
2. Performance of Work:
Contractor shall perform work in acoordance wi$r, and shall comply with, all of the
provisions of thisAgreement. Allwork shallcomply with applicable codes and ordinances.
3. Schedule of Performance:
Unless directed othenruise by the County, Gontractor shall perform the work in accordance
with any schedules made a part of this Agreement.
4. Definitions:4.1 'Additional lnsureds'means the County, its successors, and assigns, and
therespective directors, offioers, employees, agents and representatives of
the Coung and its successors and assigns.4.2 "Supporf means the fullowing: Gontracto/s directors, officers, employees,
agents, and representatives; and sub-Contmstors of any tie6 the respective
directons, offcers, employees, agents, and representatives of these sub
Gontractors of any tier; and any other person or entity acting under the
direstion or control ol or on behalf of, Contractor or any Contractor's sub-
Gontractors of any tier in connection wilh or incident to the performance of
the Work or this Agreement.4.3 The Work' means all of theduties listed in F:hibit Aand the performance of
all other obligations, under this Agreement by Contractor or its Support.
5. AccounUng and Payment for Contnactor Servioes:
Payment to the Contnactor for servioes rendered under this Agreement shall be as set
forth in Exhibit "B". Where Exhibit "B" requires payments by the Gounty, payment shall be
based upon billings, supported unless otheruise provided in Exhibil "Bu, by documentation
of units of work ac'tualty performed and amounts eamed, including where appropriate, the
actual number of days worked each month, totial number of hours for the month, and the
total dollar payment requested. Unless speciftcally stated in Exhibit "8" or approved in
witing in advance by the Kittitas County Board of Commissioners, the Gounty will not
reimburse the Gontrractor for any osb or expenses incuned by the Goniractor in
performance of this Agreement.
Prof$sional Seruices Agreement (rev. Ognt4n2}l|i)
Page 3 of 17
\A/here required, the County shall, upon receipt of appropriate documentation, compensate
the Contnactor, no more often than monthly, through the County voucher system, for the
Contracto/s service pursuant to the fee schedule set for0r in Exhibit "B'.
6. Assiqnment and Subcontrading:
No portion of this Agreement may be assigned or subconhac{ed to any other individual,
firm orentitywithontthe elpress and priorwritten approvalof the County.
7. lndependent Contractor
The Contractot's services shall be fumished by the Contractor as an independent
Contractor and nothing herein ontained shall be construed to create a relationship of
employer-employee or master-servant, but all payments made hereunder, and allseMces
performed shall be made and performed pursuant to this Agreement by the Contractor as
an independent Contractor.
The Conbactor acknowledges that the entire compensation for this Agreement is specified
in F-xhibit "B" and the Contractor is not entitled to any County benefrts including, but not
limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afiorded to Kittitas Gounty employees.
Contractor will defend, indemniff, and hold harmless the County, its Additional lnsureds,
officers, agents or employees from any loss or expense, including but not limiled to
settlements, judgments, setofis, attomeys'fees, or costs incuned 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 Contrador shall not openate to vest
any employment rights whatsoever and shall not be deemed to guanantee any
employment of the Contrador or any employee of the Contracfor or any sub0onbactor or
any employee of any sub€onhactor by the Gounty at the present time or in the firture.
9. Taxes:
The Contractor understands and acknowledges that the County will not withhold Federal
or State income taxes. Where required by Strate or Federal law, the Conbactor aufiorizes
the County to make wihhoHing for any taxes other han income taxes (i.e., Medicar$. All
compensation received by the Conbactor will be reported to the lntemal Revenue SeMoe
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 Gontractor is solely liable for any tax obligation arising ftrom the
Contrac'tofs performance of $is Agreement. The Gontractor hereby agrees to indemniff
the County against any demand to pay taxes arising ftom the Conhacto/s failure to pay
taxes on compensation eamed pursuant to this Agreement.
Professional Services Agrcement (rev. 0gn4nffigl
Page4 ol 17
The County will pay sales and use taxes imposed on goods or services acquired
hereunder as rcquired by law. The Contractor must pay all offrer taxes including, but not
limited to: Business and Occupation Tax, taxes based on the Conhado/s gross or net
income, or personalPtop"tty to which the Goung does not hotd tifle. The Coung is
exempt from Federal Excise Tax.
10. Reoulations and Reouirement:
This Agreernent shall be subject to all larls, rules and regulations of ffre United States of
America, and State of Washington, and political subdMsibns of the State of Washington,
and to any other provisions setforfrr herein or in the attached exhibits.
11. Rightto Review:
This contract is subject to review by any Federal or State auditor. The County or its
designee shall have the right to review and monitor the financiat and service components
of this program by whatever means are deemed expedient by the County. Such review
may oC0ur with or without notice, and may include, but is not limiled to, on-site inspection
by County agents or emptoyees, inspection of all records or other materials wh-ich the
County deerns pertinent to the Agreement and its perbrmane, and any and all
communications with or evaluation by service recipients under this Agreement. The
Contrador shall preserve and maintain all ftnancial records and recordi relating to the
performance of work under this Agreement for 6 years after conhact termination, and shall
make them available for such review, wi$rin Kittihs Gounty, State of Washington, upon
request.
12. Modiftcations:
12.1 Eifirer party may request changes in the Agreement. Any and atl agreed
modifications shallbe in writing, slgned by each of the parties.
12.2 The County may, at any time, by wriften notice thereof to Contractor
("Change Notioe') makes changes in the Work wtthin the genenal soope of
this Agreement, including, but not limited to: (a) changes in, revisions to,
substitutions for, addilions to or deletions of any Work; (b) cfranges in
schedule; and (c) acceleration, decelenation or suspension of performan@
of anyWork.
12.3 lf any change in the Work causes an increase or decrease on Contacto/s
cost ol or the time required for, performance of the work, an equitable
adjustnent in lhe compensation to Contrac{or and in the schedule for the
performanoe of the work shall be made to reflect such an increase or
decrease.
12.4 Notwithstanding any dispute or delay in antving at a mutually acceptable
equitable adjustnent Conbactor shall proceed in accordance with all
change Noties. Gonbac{or must, within thifty (30) dala afier reoeipt of any
Prcfessional SeMces Agreement (rev. 0g2.4n0/.B)
Pege 5 of 17
12.5
Change Notie that does not set fortr any acoeptable adjustnent, submit to
the county a written statement setting forth any adjustment claimed.
lf any change resulb in a decrease in the work performed, conbactor shall
be entiued to compensation associated with changing the work, such as
revising design already completed, revising calculations already performed,
and revising documenb.
13. Termination for Default:
tf the Contnactor defaults by failing to perform any of the obligations of the Agreement or
becomes insolvent or is declared bankrupt or ommits any actof bankruptcy oi insolvency
or makes an assignment for the benefft of credilors, the County may, by deilositing written
notice to the Contractor in the U.S. mail, postage prcpaid, terminatgthaAgreement and at
the Countt'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 paymenb
under fte Agreement until all work called fur has been fulty performed. fuiy exra 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 e:<tra e:pensei
incuned bythe Coun$ in oompleting the work, and alldamage sustained, orwhich may be
sustained by the County by reason of such defiault.
lf a notice of termination for default has been issued and it is later determined for any
reason that the Contractor was not in defiault, the rights and obligations of the parties shall
be the same as if the notice of termination had been issued pursuantto the Termination for
Public Convenience paragraph hereof.
14. Termination fur Public Convenience:
The County may terminate the Agreement in wtrole or in part whenever the County
determines, in lb sole discretion that such termination is in the best interests of the
Gounty. \A/henever the Agreement is terminated in accordane wi0r this paragraph, the
Conbactor shallbe entilled to paymentfor actualwork performed at unit conbact prie for
completed items of work. ln the event of such termination, an equitable adjustnent shall
be made in the compensation payable to Contnactor.
An equitable adjustnent in the ontract price for partially completed items of work will be
made, but suclt adjustnent shall not include provision for loss of anticipated proft on
deleted or uncompleted work. Termination of this Agreement by the County at any time
during the term, whether for default or @nvenience, shall not constitute a breach of
contract by the County.
15. Defense & lndemnitvAqreement
The Conhactor agrees to and shall defend, indemniff and hold harmless the Gounty, its
Additional lnsureds, appointed and elestive officens, agents and employ@s, from and
against all loss or expense, including but not limited to judgmenb, settlements, attomet's
PrcEseional Seruices Agreement (rev. O92.42:0/.A)
Page 6 of 17
fee.s. and. costs by reason of any and all claims and demands upon he County, its
Additional lnsureds, its elected or appointed officials, agents, or employees for dam-ages
because of personal or bodily injury, including death at any time resulting thereftom,
sustrained by any person or persons and on account of damage to property including loss
of use thereol whether such injury to persons or damage to propeqf is due io the
negligence of the Confactor, ib sub-Gontractors, its elected offcers, employees or their
agenb, except only such iniury or damage as shall have been occasioned by the sole
negllgence of the Coun$, its Additional lnsureds, appointed or etected officials, agents, or
employees. lt is further provided that no liability shall attach to the County by reason of
entering into this contract, exoept as exprssly provided herein.
16. lndustrial lnsurance Waiver
l/\fth respect to the performane of this Agreement and as to claims against the County, its
Additional lnsureds, officers, agents and employees, the Contnac,tor 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 indemniff, defend and hold
harmless provided in his agreement extend to any claim brought by or on behalf of any
employee of the Confactor.This waiver is mutrally negotiabd by the parties b this
Agreement
17. Venue and Choice of Law:
ln the event that any litigation should arise conceming the construcfion 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 Washingiton in and for the County of Kittitas. This
Agreement shall be govemed by the law of the State of Washington.
1 8. \A/iflrholdinq Pavment:
ln the event the Contractor has failed to perform any obligation to be performed by the
Contractor under this {greement 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 othenrise adjudicated.
19. Future Non-Allocation of Funds:
lf suffcient funds are not appropriated or allocated for payment under this Agreement for
any ftrture fiscal period, the County will not be obligated to make payments for services or
amounts incuned after the end of the cunent fiscal period. No penatty or expense shall
accrue to the County in the eventthis provision applies.
20. Contnactor Commifinents. Wananties and Reoresentations:
The Contractor represents and wanants 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.
Prtrssional SeMces Agreement (rev. 09124n0/.8\
Page7 ot 17
20.2
20.3
20.4
20.5
20.6
The contrac{or has the authorig to execute this Agreement, to make the
representations and wananties set forth in it and to perform the
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
govemmentral authorities, as are neoessary for the performance of its
obligations under this Agreement.
The Contractor is not in violation of any applicable law, ordinance or
regulation the consequen@ of which willor may materially affect
contracto/s ability to perform its obligations under this Agreement. The
Contractor is not subject to any order or judgment of any @urt, tribunal or
govemmentalagency which materially and adversely affects ils
operations or assets in the State of Washington, or its ability to perform
its obligations under this Agreement.
None of the representations or wananties in this Agreement, and none of
the documents, stiatements, certificates or schedules fumished or to be
fumished by Contractor pursuant hereto or in connection with the
performance of the obligations contemplated under this Agreement,
contains or will contain any untrue statement of a material fact or omits or
will omit to state a materialfact necessary to make the statements of fiact
contained therein not misleading.
21. PatenUcopyrioht lnfrinqement:
Contractor will defend and indemniff the Gounty from any claimed action, cause or
demand brought against the Gounty; to the extent such action is based on the claim that
information supplied by fte Contractor inftinges 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 Contrac'torshall be notifted promptly in writing by Gounty of any notice of
such claim.
21.2 Contractor shall have the right, hereunder, at its option and erpense, to
obtain for he County the right to continue using the infurmation, in the event
such claim of inftingement is made, provided no reduction in performance or
loss results to fie County.
22. Dispute:
22.1 General
Differences between the Contrador and the County, arising under and by
virtue of the Agreement Documents shall be brought to the attentionof the
Prcfessional SeMces Agrcement (rcv. 09124120181
Page I of 17
County at the earliest possible time in order that such matters may be seftled
or other appropriate action prompfly taken. Except for such objeuions as are
made of record in the manner hereinafter specifiedand within the time limits
stiated, the records, orders, instructions, anddecisions of the Kittitas county
Gommissioners shall be final and conclusive.
22.2 Notice of Potential ClaimsThe conbactorshall not be entifled to additional compensation
whichothenrise 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 occurence,
unless the Contracfor has given the Gounty a witten Notioe of Potential
claim within ten (10) days of the commenoement of the acl failure, or event
giving rise to the claim, and before final payment by the county.The written
Notice of Potential Claim shall set forththe reasons fur which the Contractor
believes additional compensation or extension of time is due, the nature of
the cost involved,and insofiar aspossible, the amount of the potential claim.
Contractor shall keep full and complete dailyrecords of ftework performed,
labor and material used, and all costs and additional time claimed to be
additional.
22.3.Detailed ClaimThe Contnac{or shall not be entiUed to claim any such
additionalcompensation, or extension of time, unless within thirg (30) days
of the completion of the portion of the work from which the daim arose, and
before final payment by the county, the contrac'tor has given the county a
detailed written statement of each element of cost orother compensation
requested and of all elemenb of additional time required, and copies of any
supporting documents evidencingthe amount or extension of time claimed to
be due.
23. Ornership of ltems Produced:
Allwritings, programs, data, public reoords or other materials prepared by the Contractor
and/or lb consultants or sub-Contractons, in connecfion with performance of this
Agreement shall be the sole and absolute property of the County.
24. Confidentialitv:
The Conbactor, lts employees, suFContractors, and their employees shall maintain the
confidentiality of all information provided by the Gounty or acquired by the Contractor in
performanoe of this Agreement, except upon the prior wriften consent of the Kiftitas
County Prosecuting Attomey or an order entered by a court after having acquired
iurisdiction over the Coun$. Contrac'tor shall immediately give to the Gounty notice of any
judicial proeedings seeking disclosure of such information. Contractor shall indemnifu
and hold harmless the County, its Addilional lnsureds, officials, agents or emptoyees from
Prcfessional SeMces Agreement (rev. 09n42:01A)
Page I of 17
all loss or expense, including, but not limited to settlements, judgmenF, setofis, attomeys'
fees and oosb resulting from contrado/s breach of this provision.
To the extent that any information obtained by the Gontractor is required to be shared wtth
or provided to others by the terms of the Statement of the Work, this provision is not
breached by suclr acrts.
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 Contrador to the departnent headsf the departnent for wtrom services are rendered, and to the Xittitas County
Commissioners, 205 w 5h Ave, suite 108,Ellensburg, wA 98926. Notice to th6
Gontractor 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. Severability:
lf any term or condition of Sris Agreement or the application thereof to any peson(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 onditions of this Agreement are declared severable.
27. Miscellaneous:
27.1 The County's failure or delay to insist upon stric{ 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 instanoe; rather the same shall be and remain
in fullforoe and effect
27.2 This Agreement embodies the entire Agreementbetween the County and
Contractor, and supersedes any and all prior agreements, regarding the
Work. No change, amendment or modiftcation 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 Gounty by any other provisions of this Agreement,
by any of Contracto/s Supportor 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:
Probssional SeMces Agreement (rev. 09n4nffi8l
Page 10 of 17
Waiver of 3ny 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 b6
uraived, 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, 12,1g, ig, 20,21,22,2g,24, 2g,
30,31,and 32 shall survive, notwithstanding the termination or invalidity of this Agreemeni
for any reason.
30 Nondiscrimination:
30.1 The County is an equalopportunity employer.
30.2 Nondiscrimination in Employment
ln the performance of this Agreement, the Contractor will not
discriminate against any employee or applicant for employment on the
grounds of race, creed, @lor, national origin, sex, sexualorientration,
maritalstatus, age or the presence of any sensory, mential or
physical handicap;provided that the prohibition against discdmination
in employment because of handicap shall not apply if the particular
disability prevents the properperformance of the particularworker
involved. The Contractor shallensure that applicants are employed,
and that employees are treated during employment without
discrimination because of their race, creed, color, nationalorigin, sex,
sexual orientation, marital status, age or the presence of any sensory,
mentalor physical handicap. Such action shall include, but not be
limited to: employment, upgrading, demotion or transfers, recruitnent or
recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and programs for training including
apprenticeships. The Gontractor shall take such action with respect to
this Agreement as may be required to ensure fullcompliance with
local, state and federal laws prohibiting discrimination in employment.
30.3 Nondiscrimination inServices
The Gontractor will not discriminate against any recipient of any services
or benefits provided for in this Agreement on the grounds of race,
creed, color, nationalorigin, sex, sexualorientation, maritialstatus, 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
Prcfesslonal Servioes Agreement (rev. 09n4nffi8l
Page 11 of 17
action as may be required to ensure full compliance with the
provisions in the immediately preceding paragraphs herein.
31. Prcvailrnql /aqe:
Contractor shall pay the prevailing rate of wages to allworkers, 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 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 veriry the applicable prevailing wage rate. lt is undenstood that the
Contractor is responsible for obtaining and completing all required govemment forms
and submifting same to the proper authorities.
Disputes regarding prevailing wage rates shallbe refened for arbitration to the Director
of the Department of Labor and lndustries. The arbitration decision shall be finaland
conclusive and binding on all parties involved in the dispute as provided for by RCW
39.12.060.
32. Debarment .Gertifi cation :
The Contractor certifies that it:
32.1 ls not presently debaned, 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 oontract
with Kittitas County, been convicted of or had a civiljudgment rendered
against them for commission of fiaud or a criminal offense in connec{ion
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 civilly charged by a
govemmentalentity (Federal, State, or local) with commission of any of
the offenses enumerated in paragraph32.2 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 defautt.
Pmftssionaf Sewices Agreement (mv. 09l24n0/.B)
Page12ol17
EXHIB|T'N"
SCOPE OF WORK
ln addition to providing all material and labor, the Contractor shall perform the following:
Conduct polygraph examinations of applicanb for employment or reserve service
upon request by the Kittitas Gounty Sheriffs Office.
o
o
a
a
Prepare and convey reports of those polygraph findings and applicant evaluations
to the Kittitas County Sheriffs Ofiice.
These evaluations shall be conducted in complian@ with, and as mandated by, the
provisions of RGW 43.101.095(2XaXiii), and WAc 139{7-040, and any provision
now in existence or enacted during the period of this Professional Servioes
Agreement, including any extension thereof. All materials related to the
examination and its results are confidential pursuant to WAC 139-07-040(1Xd)
and shall be treated as such and secured in a manner consistent with any
applicable state and federal statutes and regulations,including the means of
providing such results or materials to the Kiftitas County Sheriffs Office. The
contractor is solely responsible for implementation of such safeguards and for
any breach or violation thereof.
Wanant that he or she is familiar and in compliance with the stiandards referenced
above and incorporated herein by reference.
The services stated above will be conducted at the Confactor's place of business. The
Contractor will not utilize an automobile, whether owned, non-owned, hired or leased, to
provide these services for Kiftitas County.
Professional Sewices Agreement (rav. 0924f201 8)
Page 13 of 17
EXHIBIT "8"
COMPENSATION
$ full compensation for satisfactory performance of the work, the Gounty shall pay
Gontractor compensation not to exeed: $200.00 per applicant evaluation.
Pmfessional SeMces Agreement (rev. Ogn4nffi0l
Page14ol17
EXHIBIT'C"
PROOF OF INSURANCE
The Contractor shall secure and maintain in effect at atl times during performance of the
Work such insurance as will protect Contractor, its Support and the Additional lnsureds
from all claims, losses, harm, @sts, liabilities, damages and expenses arising out of
personal injury (including death) or property damage that may result ftom performan@
of the work or this Agreement, whether such performanoe is by Contractor or any of its
Support.
All insurance shallbe issued by companies admitted to do business in the State of
Washington and have a rating of A-, Class Vll or befter in the most reently published
edition of Best's Reports unless othenrise approved by the County. lf an insurer is not
admifted, all insurance policies and procedures for issuing the insurance policies must
comply with Chapter 48.15 RCW and2&4-15 WAC.
The Gontractor shall provide proof of insurance for:
XCommercial General Liabilitv lnsurance
Coverage limits not less than:r $5,000,000 per occurrence. $1,000,000 per occurence liquor liabilityo $1,000,000 products & completed operations aggregate. $1,000,000 personaland advertising injury, each offenseo Certificate Holder - Kittitas Countyr The Certificate must name the County as additional insured. Sixty (60) days written notice to the County of cancellationof the insurance
policy
l-lCommercialAutomobile Liabilitv lnsurance(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 lf 'pollutants' are to be
transpofted). Coverage limits not less than:o $1,000,000 combined single limit. Thirty (30) days wriften notice to the County of cancellation
of the insurance policy.
! Workers' Comoensation
Prcfessional Sewies Agreement (rev. Ogn4n0fi)
Page 15 of 17
Actditional Covera eMa Be Re red:
Workers'Compensation in amounts required by law '
lStop Gap/Emplovers Liabilitv
Goverage limits not less than:o $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.
Xn Professional Liability
The Gontractor and/or its Subcontractor and/or its consultant providing
professional services shall provide evidence of Professional Liability lnsurance
covering professional enors and omissions. Such policy must provide the
following minimum limits:. $1,000,000 per claim. $2,000,000annualaggregate. lf insurance is on a claims-made form, its retroac'tive date, and that of all
subsequent renewals, shall be no later than the effective date of this
Agreement.
flPotlution Liability
The Contractor shall provide a Pollution Liability policy, providing coverage for
claims involving bodily iniury, property damage (including loss of use of tangible
property that has not been physically injured), cleanup costs, remediation,
disposalor other handling of pollutants, including costs and expenses incuned in
the investigation, defense, or settlement of claims arising out of:o Contracto/s operations related to this projec't; 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 $ annualaggregate
fl Propertv Damaqe
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 $ peroccurence
! Umbrella Coverage
Prcftsslonal SeMces Agreement (rev. Ogn4n01.8)
Page 16 of 17
Umbrella policies shall provide coverage at least as broad as specified for
underlying coverages (CGl, Auto, Employe/s Liability) and cover those insured in
the underlying policies, including additional insured.o Amount reguired for this Agreement g
Contractor shall furnish the Coung 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 re@urse,
including any right to which another may be subrogated, against Kittitas County for
personal injury, including death, and propefi damage. Contracto/s insurance policies
required above shall be primary ingurance and shall be non-contibuting wtth any
other insurance maintained by Kittitas County.
The Contractor shall assume full responsibilig for all loss or damage from any cause
whatsoever to any tools, Contracto/s employee-owned tools, machinery, equipment, or
motor vehicles owned or rented by the Contractor, or the Contrac{or's agents, suppliers
or contractors as wellas to any temporary structures, scaffolding and protective fences.
The Contractor shall have sole responsibility for ensuring the insurance @verage and
limits required are obtained by subcontractors.
NOTE: No contract shall form until and unleee a copy of the Gertiftcate of
lnsurance with EndorsementslExclusions, properly completed and in the amount
rcquired, is attached hercto.
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 Gounty's discretion. Altematively, the
County may procure and maintiain, at the Contractofs 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.
Prcfessional Sewices Agrcement (rev. Ag24nflg)
Page17 ol17
--ACONCI SCHUPOF.Ol
GERTIFIGATE OF LIABILITY INSURANGE DATE (MM/ODTYYYY)
2t't0t2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAN
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
D CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISND OR ALTER THE COVERAGE AFFORDED BYTHEPOLICIES
coNTRACT BETWEEN THE tSSUTNG TNSURER(S), AUTHORTZED
IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the poli cy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, S ubject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onendorsement(s).this certificate does not confer ri ghts to the certificate holder in lieu of such
PRODUCER
PayneWest lnsurance - TAG
14900 SW Barrows Rd, Ste 202
Beaverton, OR 97007
f#3)fi, ."r, (866) 276-3775 ffi, *o,,18661 21s-5018
INSURER{S) AFFORDJNG COVERAGF NAIC #
TNSuRERA :Scottsdale lnsurance Companv 41257
INSURED
Richard Schuknecht dba. Schuknecht's P.O.F polygraph
Service
413 N 2nd Street
Yakima, WA 98901
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F
R BE
FICATE MAY
TO FYCERTI TTHA THEDtcTH POLICI OFt5 SIN URANCE BELOWISTED HAVE ISSUEDEEN TTO EH JIN REDU EDNAM FORABOVE ETH LIPO PERICY oINDICATED.OTWITHSTN AND GN ANY REO REMENTUI TERM CONDOR OFITION coANY ORNTRACT DOCOTHER ENTUM RESPECTWITH WHICTO THISHBECERTIoISSUEDMAPERTAIYNTHINSURANCEERDEDAFFOBYTHEPOLICDESCRIBEDESNHEREIeISBJECTUALLTOETHTERMS,ANDEXCLUSIONS ITIONCOND S OF HSUC POLIC LES.ITSIM MASHOWN HAY BEENVE BYREDUCED DPAI CLAIN4S
R TYPE OF INSURANCE POLICY NUMBER LIMITS
X 0,000
100,000
5,000
4,000,000
s,000,0
X 5,000,0
X
COMMERCIAL GENERAL LIABILITY
^'ff':i;LIMIT
PRO.
JECT
CLAIMS-[/ADE OCCUR X 34422 21412021 21412022
LINlIT
E
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY NON.OWNED
AUTOS ONLY
SCHEDULED
AUTOS
UMBRELLA LIAB
EXCESS LIAB
OCCUR
DED REIENTION $
EA
WORKERS COMPENSATION
AND EMPLOYERS' LIABIIITY
ANY PROPRIETORYPARTNER/EXECUTIVE
OFFICER/I/EIVIBER EXCLUDE D?(Mandatory in NH)
Y/Ntr
tf describe under
N/A
A
A
Errors
& Omissions
m X
X 850034422
0034422 21
21412021
21412022
21412022 5,000,000
NOFoPERATIONS/LOCATIONS/VEHICTFS (ACOBD'l0l,AdditionalRemarksschedule,maybeattachedifmorespaceisrequired)holder is additional insured per attainea form OlS-+e7
DESCRIPTIO
Kittitas County
205 W sth Ave, Ste 105
Ellensburg, WA 98926
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREO INACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
\\rNNr\N\"-
O 1988-2015 ACORD CORPORAT|ON. Ail rights reserved
The ACORD name and logo are registered marks of ACORD
ACORD 2s (2016t03)
i\ENDORSEMENT
SCCTTSDALE INSIJRANCE COh4PANY*NO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED_OWNERS, LESSEES OR CONTRACTORS-
AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT
WITH YOU INCLUDING PRIMARY OR PRIMARY AND NON.CONTRIBUTORV
AND LIMITED WAIVER OF SUBROGATION
This endorsenpnt modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ERRORS AND OMISSIONS COVERAGE PART
A SECTION ll-WHO F AN INSURED is amended to include as an additional insured any person or
organization lor whom you are performing operations and you and such person or organization lrave
executed a writlen contract or agreement prior to the time of an "occurrence" giving rise to a claim that
such person or organization be added as an additional insured on your policy. Such person or organi-
zation is an additional insured only with respect to liability for "bodily injury," "property damage," "error
or omission" or "personal and advertising injury" caused, in whole or in part. by:
1. Your negligent acts or omissions; or
2. The negligent acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions
apply:
This insurance does not apply to:
1. "Bodily injury," "property danage," "error or omission" or "personal and advertising injury" arising
out of the rendering of, or the failure h render, any professional architectural. engineering or sur-
veying seruices, including:
a. The preparing, approving, or failing to prepare or approve, maps. shop drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications; and
b. Supervisory, inspection, architectural or engineering activities.
2. "Bodily injury" or "property damage" occurring after:
a' All work, including materials, parts or equipnent furnished in connection with such work, on the
project (other than service, maintenance or repairs) to be performed b7 or on behalf of the
additional insured(s) at the site of the covered operations ius been completed; or
b. Titat portion of "your work" out of which the injury or damage arises lras been pn to its intended
use by any person or organization other than another contractor or subcontractor engaged in
performing operations for a principal a$ a part of the same project,
lncludes copyrrghted matena d ISO Properties, lnc., wth ib permrsston,
Copynght, ISO Propertres. lnc , 2004
Pageld2
214t2021RBS-0034422
ATTACT,IED lC' AI{D
FORMNG APART OF
POLICY NLN'BEH
ENDORSEi/IENT EFFECTIVE DATE
{12:01 A.nt STANDARD TIME)
Schuhecht's POF Polygraph Service
NAMED I'.S I.FIED ACIEMT NO.
46-t22
GLS-487 (6-15)
C. With respect to the irrsurance afforded to these additional insureds, the following is added to SEC-
TION III-LIMITS OF INSURANCE:
The most we will pay on behalf of the additional insured is the amount ol insurance:
1. Required by the contract or agreerrrent you have entered into with the additional insr.rred; or
2. Available under the applicable Limits of lnsr"rrance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations.
D. Under SEGTION IV-COMMERCIAL GENEFAL LIABILITY CONDITIONS; subparagraphs a. Pri-
mary Insurance and b. Excess lnsurance of paragraph 4. Other lnsurance are arnended as follows:
lf you have agreed in a wrilten contract and executed such a conkact or agreerrent prior to the time d
an "occurrence" giving rise b a claim, that this policy will be afforded on a primary or primary and non-
contributory basis and without right of contribution kom any insurance in force for the liability in the
perforrnance of your ongoing operatiorrs for the additiorral insured(s), then this insurance will be af,
iorded on a primary or primary and non-contributory basis, and we will not seek contribution from any
other such insurance.
E. Under SEGTION IV--COMMERCIAL GENERAL LIABILITY CONDITIONS, the fottowing is added to
paragraph 8. Transler Of Rights Of Fecovery Against Others To Us:
We waive any right of recovery we may have agairrst an additional insured if you have agreed in a
written contract, and executed such a conkact or agreement prior to the time of an "occurrence" giving
rise to a claim, hi only with respect to liability for "bodily injury," "property damage," "error or omission"
or "personal and advertising irrjury" caused by:
1. The naned insured's negligent acts or omissions; or
2. The negligent acts or omissions of those acting on the named insured's behalf;
in the performance of the narned insured's ongoing operations for the additional insured.
All other Terms and Gonditions ol this Policy remain unchanged
AUTHORIZED REPRESENTATIVE
lncludes copyflghted matenai of ISO Properles, lnc., r#rth tt$ pernlsslon.
Copynght, ISO Properttes, lnc., 2004
Page 2d 2GLS-487 (6-15)
DAlE
Kittitas County
Review Form
Grants & Contract Agreement
,+
Today's Date
November 22,202L
Agenda Date
December 7 202r
Fund/Department
30 / Sheriff
Contract/G ra nt I nformation
Financial lnformation
Bud lnformation
Pass Throu lnformation
Contract /Grant Agency: Schuknecht's Polygraph Service-Professional Service Agreement
Period Begin Date: January 1,2022 Period End Date: December 3L,2022
Total Grant/Contract Amount: S200/polygraph examination performed
Grant/Contract N u mb er : SH2L-O47
Contract/Grant Summary: This Agreement is between Kittitas County and Schuknecht's Polygraph
Service for conducting polygraph examinations, conducting interviews and polygraph examinations of
applicants, and preparing and conveying reports of polygraph findings to the Kittitas County Sheriff's
Office for the calendar year 2022. There are no changes from the 2O2t agreement. Compensation will
remain at 5200 per applicant evaluation.
TotalAmount S Variable State Funds S0 Federal Funds 50
Percentage County Funds t)O%Matching Funds S0 CFDA# NA
ln-Kind 50
Expl ai n
ls Equipment being purchased? NO Who owns equipment? NA
New Personnel being hired? NO Contact HR hiring - reporting requirements
Future impacts or liability to Kittitas County: Vendor will provide proof of insurance as required by
contract.
Budget Amendment Needed?
New Division Created? NO
Yes ! attach budget form No E|( Why not - Already budgeted
Revenue Code NA
Expense Code Object code 410L
Agency to Pass Through NA
Amount to Pass Through so
Sub-Contract Approved Date:
Grant/Contract Review Page 1
Prosecutor Review
Has the Prosecutor reviewed this agreement?Yes M rlo LIcAMAS# s3r23
Cou De ments lm cted
Submitted
Auditor Facilities Maintenance
lnformation Services Human Resource
Prosecutor Treasurer
ature:si 7n &l2aa'.Date: ql zt I zl
Department: Shf,iff I
Assignment of Tracki lnformation
Auditor's Office
Human Resource
Prosecutor's Office ' I / ^ -(,,- 1)-SV \' l -71'zt
Who Signed the grant application
Reviewer Date
Grant/Contract Review Page 2