HomeMy WebLinkAboutPSA Public Safety Psychological ServicesPROFESS ONAL SERVICES AG REEMENT
This Agreement is made by and between Kittitas County (hereinafter "the County")and Public Safety Psychological Services (hereinafter "Coniractor"). The County anO
Contractor agree as foliows:
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 March 03, 2023 and continue until
March 03,2024. Any party may terminate this Agreement by giving thirty (30) days' noticein writing either personally delivered or mailed postage-prepliO ny certiiied miil, 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 Contracto4, S (Taxes),15 (Defense and lndemnity Agreement), 21 (PatenVCopyright lnfringement) and Z.q(Confidentiality), are totally and fully part of this Agreement and have been mutually
negotiated by the parties.
Professional Services Agreement (rev . 09 124 120 1 8)
Page 1 of 17
lN WITNESS WHEREOF, the parties have executed this Agreement this 4Jd daygf February , 2023.
APPROVED:
Cerise M. Vablais, MBA, PhD.
Public Safety Psychological Services
/*t U"*-
Signature of Signatory
(Date 02t08t2023
BOARD OF COUNTY COMMISSIONERS
KITTIT co , WASHINGTON
ht, Chairman
B smith, Vice-Chairman
Commissioner
')
d as to Fcirm
)
{
Cerise Vablais, MBA, Ph D., ABPP
Print Name of Signatory
Ap
Board - Julie Kjorsvik
Deputy Clerk of the Board - Mandy Buchholz
Gontractor's Address:
20818 44th Ave. West, Suite 150
Lynnwood, WA 98036
Project Contact:
Cerise M. Vablais, MBA, PhD
Douglas R. Mitchell, Deputy Prosecuting Attorney
County's Address:
Kittitas County
205 West Sth Avenue, Suite 108
Ellensburg, WA 98926
Project Contact:
Kim Dawson, Office Administrator
Professio nal Services Agree ment (rev. 09 124 t201 g)
Page 2 of 17
GENERAL CONDITIONS
1. Scooe Contractor's Services:
Contractor agrees to provide to the County services and any materials set forth in the
project narrative identified in Exhibit "A" during the Agreement period. No material, labor,or facilities will be furnished by the County, unless otherwise provided for in the
Agreement.
2. Performance of Work:
Contractor shall perform work in accordance with, and shall comply with, all of the
provisions of this Agreement. All work shall comply with applicable codes and ordinances.
3. Schedule of Pedormance
Unless directed otherurise 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.
"suppoft" means the following. contractor's directors, officers, employees,
agents and representatives; and sub-Contractors of any tier; the respective
directors, officers, employees, agents and representatives of these sub-
contractors of any tier; and any other person or entity acting under the
direction or control of, or on behalf of, Contractor or any Contractor's sub-
Contractors of any tier in connection with or incident to the performance of
the Work or this Agreement.
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.
4.2
5. Accountino nd Pavment for Contra ctor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set
forth in Exhibit "8". Where Exhibit "B" requires payments by the bounty, payment shall be
based upon billings, supported unless otheruuise provided in Exhibit "B'i, 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 "8" 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 Coniractor in
performance of this Agreement.
4.3
P rofessional Services Ag reement (rev . 09 I 24 120 1 g)
Page 3 of 17
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 "8".
6. Assio and Sub ctinq
No potlion 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. lnd nt Contractor:
The Contractor's services shall be furnished by the Contractor as an independent
Contractor and nothing herein contained shall be construed to create a relationship of
employer-employee or master-servant, but all payments made hereunder, and all servlces
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 Emolovmenf:
The performance of all or part of this Agreement by the Contractor shall not operate to vestany 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 frofr the
Contractor's performance of this Agreement. The Contractor hereby agrees to indemniflT
the County against any demand to pay taxes arising from the Confractor's failure to pay
taxes on compensation earned pursuant to this Agreement.
P rofessional Services Ag ree ment (rev . 09 I 24 l2O 1 B)
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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 grois or net
income, or personal property to which the County does not hold title. The County is
exempt from Federal Excise Tax.
10. Requlations and Requirement:
This Agreement shall be subject to all laws, rules and regulations of the United States of
America, and State of Washington, and political subdivisions of the State of Washington,
and to any other provisions set forth herein or in the attached exhibits.
11. Riqht to Review:
This contract is subject to review by any Federal or State auditor. The County or its
designee shall have the right to review and monitor the financial and service components
of this program by whatever means are deemed expedient by the County. Such review
may occur with or without notice, and may include, but is not limited to, on-site inspection
by County agents or employees, inspection of all records or other materials 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
P rofessi onal Services Ag reement (rev . 09 124 I 20 1 8)
Page 5 of 17
12.5
Change Notice that does not set forth any acceptable adjustment, submit to
the county a written statement setting forth any adjustment claimed.
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 iounty may, by depositing written
notice to the Contractor in the U.S. mail, postage prepaid, terminate the Agreemenl, and atthe County's option, obtain performance of the work elsewhere. lf th; 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 exp"nsei
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 shail
be the same as if the notice of termination had been issued pursuant to the Termination for
Public Convenience paragraph hereof.
14 inati Conve
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 actualwork performed at unit contraciprices for
completed items of work. ln 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 & lndemn itv Aqreement:
lhe 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
Professiona I Se rvices Agree ment (rev . 09 124 120 1 8)
Page 6 of 17
fees and costs by reason of any and all claims and demands upon the County, its
Additional lnsuredi, its elected or appointed officials, agents, or employees for damages
because of personal or bodily injury, including death at any time resulting therefrom,
sustained by any person or persons and on account of damage to property including loss
of use thereof, whether such injury to persons or damage to property is due to the
negligence of the 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 Payment:
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 othenryise adjudicated.
19. Future Non-All on 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 Comm itments. Warranties and Rep ons
The contractor represents and warrants to the county as foilows: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.
P rofessional Se rvices Ag ree ment (rev . 09 t24 120 1 8)
PageT o'f 17
20.2
20.3
zu.4
20.5
20.6
The contractor has the authority to execute this Agreement, to make the
representations and warranties set forth in it and to perform the
obligations of the Contractor under this Agreement in aceordance 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 wiii obtain prior to the commencement ciate 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 appricable law, ordinance or
regulation the consequence of which will or 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 court, tribunal or
governmental agency which materially and adversely affects its
operations or assets in the State of washington, or its ability to perfor-m
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. PatenVCopvriqht lnfringement:
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 thai are finally awarded
against the County in any action. Such defense and payments are conditioned upon the
following:
21.1 Contractor shall be notified promptly in writing by County of any notice of
such claim.
21.2 Contractor shall have the right, hereunder, at its option and expense, to
obtain for the County the right to continue using the information, in the event
such claim of infringement is made, provided no reduction in performance or
loss results to the County.
22. Disputes:
22.1 General
Differences between the contractor and the county, arising under and by
virtue of the Agreement Documents shall be brought to the attention of the
Professional Services Ag reement (rev . 09 124 I 20 1 8)
Page 8 of 17
county at the earliest possible time in order that such matters may be
settled, or other appropriate action prompfly taken. Except for such
objections as are made of record in the maRner hereinafter specified and
within the time limits stated, the records, orders, instructions, and decisions
of the Kittitas county commissioners shall be finar and conclusive.
22.2 Notice of Potential Claims
The Contractor shall not be entitled to additional compensation which
otherwise may be payable, or to extension of time for (1) any act or failure to
act by the county, or (2) the happening of any event or occurrence, unless
the Contractor has given the County a written Notice of Potential Claim
within 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 pedormed,
labor and material used, and all costs and additional time claimed to be
additional.
22.3 Detail 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. Ownershio of I tems Produced
All writings, programs, data, public records or other materials prepared by the Contractor
andlor its consultants or sub-Contractors, in connection with performance of this
Agreement shall be the sole and absolute property of the County.
24. Confidentiality:
The Contractor, its employees, sub-Contractors, and their employees shall maintain the
confidentiality of all information provided by the County or acquired by the Contractor in
performance of this Agreement, except upon the prior written consent of the Kittitas
County Prosecuting Attorney or an order entered by a court after having acquired
jurisdiction over the County. Contractor shall immediately give to the County notice of anyjudicial 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.
Professional Services Ag reement (rev . 0g I 24 120 1 8)
Page I 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 headof the ciepartment for whom services are rencjerecj, anci to the Kiiiitas County
Commissioners, 205 W 5th Ave, Suite 108, Ellensburg, WA 98926. Notice to the
Contractor for all purposes under this Agreement shall be given to the address reflected on
the signature page. Notice 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 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 qiven effect without the invalid term, condition or application. To
this end, the terms and conditions of this Agreement are declared severable.
27. Miscellaneous;
27.1 The County's failure or delay to insist upon strict performance of any of the
provisions of this Agreement or to exercise any rights or remedies under this
Agreement shall not be construed as a waiver or relinquishment to any
extent of its right to assert or rely upon any such provisions, rights or
remedies in that or any other instance; rather the same shall be and remain
in full force and effect.
27.2 This Agreement embodies the entire Agreement between the County and
Contractor, and supersedes any and all prior agreements, regarding the
Work. No change, amendment, or modification of any provisions of this
Agreement shall be valid unless set forth in a written instrument signed by
the party to be bound thereby.
27.3 The rights and remedies of the County set forth in any provision of this
Agreement are in addition to and do not in any way limit any other rights of
remedies afforded to the County by any other provisions of this Agreement,
by any of Contractor's Support or by law.
27.4 The headings of sections and paragraphs of this Agreement are for
convenience of reference only and are not intended to restrict, affect or be
of any weight in the interpretation or construction of the provisions of such
sections or paragraphs.
28. Waiver:
Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any
prior or subsequent breach. No terms or conditions of this Agreement shall be held to be
P rofessional Services Ag ree ment (rev . 09 I 24 1201 8)
PagelOoflT
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, 20,21,22,23,24,2g,
30, 31 , and 32 shall survive, notwithstanding the termination or invalidity of this Agreement
for any reason.
30. Nond mination:
30.1 The County is an equal opportunity employer
30.2 Nondiscrimi in Emolovment
ln the performance of this Agreement, the contractor wiil 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 an!/ sensory, menta! 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 Nondiscrimina 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 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.
P rofessional Services Agreement (rev. 09 I 24 120 1 B)
Page11ol17
30.4
31. Prevailing Waqe:
Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics
employed in the performance of any parl of the Work in accordance with RCW 39.12
and the rules and regulations of the Department of Labor and lndustries. The schedule
of prevaiiing wages rates fbr the iocaiity or iocaiities 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 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 otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of
the offenses enumerated in paragraph 32.2 of this section.32.4 Has not within a three-year period preceding the preceding the execution
of this contract with Kittitas County had one or more public transactions
(Federal, State, or local) terminated for cause of default.
Professional Services Ag reement (rev . 091 24 120 1 8)
Page 12 of 17
EXHIBIT "A''
SCOPE OF WORK
ln addition to providing all material and labor, the Contractor shall perform the following
. Conduct psychological evaluations including related interviews of applicants for
empioymeni or reserve service upon request by the Kittitas County Sheriff's
Office.
. Prepare and convey reports of those psychological findings and applicant
evaluations to the Kittitas County Sheriff's Office.
These evaluations shall be conducted in compliance with, and as mandated by,
the provisions of RCW 43.101.095(2)(a)(ii), and wAC 139-07-030, and any
provision now in existence or enacted during the period of this Professional
-SerrliCes Acreement inclrrriino anr-r eyfensinn fhcranf Nln avarninafinn nr fhatrrr!.r ii v,-r(v.isivii iiiviVVi. rrv vr\qiiiiiiqituii Lii !rrv
results thereof may be further disseminated or used for any purpose other than
as allowed by RCW 43.101.095 or WAC 139-07-030. All materials related to the
examination and its results shall be secured in a manner consistent with WAC
139-07-030(1Xd) and any other applicable state and federal statutes and
regulations, including the means of providing such results or materials to the
Kittitas county Sheriff's office. The contractor is solely responsible for
implementation of such safeguards and for any breach or violation thereof.
Warrant that he or she is familiar with and in compliance with the standards
referenced above and incorporated herein by reference.
a
o
a ln addition to the above-described tasks and conditions related to the initial
appointment of such applicants, Contractor shall, upon request of the Sheriff or
his designee and in a manner consistent with applicable professional and legal
standards, conduct examinations of current employees whose mental or
emotional fitness for duty is or may be at issue. All materials related to the
examination and its results shall be 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 Kittitas County Sheriff's Office. The
contractor is solely responsible for implementation of such safeguards and for
any breach or violation thereof.
The services stated above will be conducted at the Contractor's place of business. The
Contractor will not utilize an automobile, whether owned, non-owned, hired or leased, to
provide these services for Kittitas County.
Professional Se rvices Ag ree ment (rev . 09 124 120 1 B)
Page 13 of 17
EXHI lT "8"
COMPENSATION
As full compensation for satisfactory performance of the work, the County shall pay
Contractor $450.00 per applicant evaluation.
To conduct a Fitness-for-Duty Evaluation (FFDE), the County shall pay Contractor $450per hour, with the understanding that most evaluations require approximately 10 hours of
work.
P rofession a I S e rvices Ag ree me nt (r ev . 09 I 24 I 20 1 B)
Page 14 of 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 (inciuding death) or property damage that may result from performance
of the work or this Agreement, whether such performance is by Contractor or any of its
Support.
All insurance shall be issued by companies admitted to do business in the State of
Washington and have a rating of A-, Class VII or better in the most recently published
edition of Best's Reports unless otherwise approved by the County. 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 General L iabilitv 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 County. The certificate must name the county as additional insured. sixty (60) days written notice to the county of canceilation of the
policy
Commercial Automobile Li abilitv 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
transported). Coverage limits not less than:. $1,000,000 combined single limit
must be attached if 'pollutants' are to be
. Thirty (30) days written notice to the County of cancellation
of the insurance policy.
P rofessional Seruices Ag reement (rev. 09 I 24 I 20 1 8)
Page 15 of 17
tnsurance
Additional Co Be
Workers' Compensation
Workers' Compensation in amounts required by law
r Stoo Gao/Em lovers 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.
Xf] Professional Liability
The Contractor and/or its Subcontractor and/or its consultant providing
professional services shall provide evidence of Professional Liability lnsurance
--^"^.i-- ^-^t^.s-i_^-*^! ^-l ^--:--:-__ 6.._1_._-t:^-- ._.-__-:_r_ aruuvuilr tg ptute>biun.jr eriurs an'J Oi-ttiSSirJnS. bUCi-t pOiicy lnUSt pi-OViCig 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; andlor. 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:I $ per claimr $ annual aggregate
P rofessional Se rvices Ag reement (rev . 09 I 24 120 1 B)
Page 16 of 17
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 $ per occurrence
Umbrella Coveraqe
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 waives all rights of recourse,
including any right to which another may be subrogated, against Kittitas County for
personal injur'5r, including death, and property darnage. Contractor's insui'ance 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 of
lnsurance with Endorsements/Exclusions, properly compteted 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
offlset the cost of such insurance against payment due to the Contractor under this
Agreement.
Professional Services Ag reement (rev . 09 I 24 120 1 B)
Page 17 of 17
-_-.,.'qA"(:(1Rr'jo CERTIFICATE OF LIABILITY INSURANCE
CERTIFICATE NUMBER N NUMBER
CAN
@ 1988-2015 ACORD CORPORATTON. Ail rights reserved.
The ACORD name and logo are registered marks of ACORD
COVER.AGES
onre lunloolwvv;
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOTAFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW. THIS CERTIFICATE OF INSU
AUTHORIZED REPRESENTATIVE OR PRODUCE
RANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),
R, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDI
subject to the terms and conditions of the policy,
TIONAL INSURED, the
certain policies may req
policy(ies) must be endorsed. tf SUBROGATTONTS WAIVED,
uire an endorsement. A statement on this certificate does not
confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
NUTMEG INS AGENCY INC/PHS
76210781
The Hartford Business Service Center
3600 Wseman Blvd
San Antonio, TX78251
CONTACT
NAME:
PHONE (888) 925-3137
(A/C, No, Ext):
FAX
(A/C, No):
E-MAIL
ADDRESS:
INSURER(S} AFFORDING COVERAGE NAIC#
INSURED
LEPS-PSS PLLC DBA Public Safety Psychological
2081844TH AVE WSTE 150
LYNNWOOD WA 98036.7734
Sentinel lnsurance Company LtdINSURER A :1 1000
INSURER B
Hartford lnsurance Company of the
Southeast
3826'1
INSURER C
INSURER D
INSURER E :
INSURER F :
MAY MAY PERTAIN,
ISTH TOIS EU FYRTI THETHAT cPOLI ES Fo EINSURANC STEDLI LOWBE BEENHAVE TOISSUED ETH NAMEDINSURED FORABOVE POTHE PERIODLICY
ICAIND ANITtrN NINT\ATTHqT ANIVntNln a Utrn
^tT
PtrfiTtr TtrAN'R ht lTt F U I ntoTCERtFtTEBESSUEDORINSUTHEERANCEDAFFORDTHBYPOECILIDESRIESCHERBEDEISNUECTBJTOTHEALL
EXCLUSIONTERIVIS ANDS NSCONDITIO SUCOF POLIH ct ES TCLIMI HOWN YMA BEENHAVE EDR CEU BYD CLAIPAID MS.
TYPE OF INSURANCE POLICY NUIVIEER LIMITS
EACH OCCURRENCE
$1,000,000
X
CO[/MERCIAL GENERAL LIABILITY
General Liability MED EXP (Any one person)$10,000
PERSONAL &$2,000,000
GENERAL AGGREGATE $4,000,000
PRODUCTS - COMP/OP AGG $4,000,000
A
X
GEN'L AGGREGAIE LI[4IT APPLIES PER:
LOCPOLICY
OTHER:
PRO.
JECT
X 76 SBU BF0017 05t21t2022 o5t21t2023
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
RTY
A
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED
AUIOS
SCHEDULED
AUIOS
NON-OWNED
AUTOS
76 SBU BFOO17 05t21t2022 05121t2023
X EACH OCCURRENCE $1UMBRELLA LIAB
EXCESS LIAB CLAIMS.
MADE AGGREGATE $1A
$ 10,000
76 SBU BFOO17 05t21t2022 0512112023
X
E-1. EACH ACCIDENT $100,000
E.L. DISEASE -EA EMPLOYEE $100,000
B
AND EMPLOYERS' LIABILIW
ANY
PROPRIETOR/PARTNER/FXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
lf yes, describe under
N/A 76 WEG AKOLBB 0111212023 0111212024
E,L. DISEASE - POLICY LIIVIIT $500,000
A EMPLOYMENT PRACTICES
LIABILIry 76 SBU 8F0017 0512112022 05t21t2023 Each Claim Limit
Aggregate Limit
$10,000
$10
OF OPERATIONS / LOCATIONS / VEHTCLES (ACORD lOl, Addirionat Remarks Schedule, may be attached if more space is required)
red'soseThlousualthensu Noticeons of Cancel onlati wil be tndedOperati withaccordance SSForm attachedprovi1223,thisto ISCoveragpolicy
nonand Businessthe Liaprimarypercontributory Form 0008SS toattached thisbilityCoverage Ce hrtificate ISolder anpolicy additional dtnsure per
nessBusi L SForm attached thistoCoverages0008,icypol
SHOULD ANY OF THE ABOVE DESCRIBED POLICI
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED
IN ACCORDANCE WITH THE POLICY PROVISIONS.
BE CANCELLEDKittitas County
205 W sTH AVE STE 1 OB
ELLENSBURG WA 98926-2887
lft a-a-r.f /azfr-.tA--t
AUTHORIZED REPRESENTATIVE
ACORD 25 (20't6t03)
ac#o'CERTIFIGATE OF LIABILITY INSURANCE
CERTIFICATE N REVISION NUMB
CANCELLATIONCERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WTH THE POLICY PROMSIONS.
AUTHORIZED REPRESENTATIVE%,;*-v**
@1988-2015 ACORD CORPORATION. All rights reserved.
The AGORD name and logo are registered marks of AGORD
DATE(MMi DD/YYYY}
01t26t2023
THIS c ERTIFI CA TE ts ISSUED AS A MA TTER OF NFO RMATION ONL Y AND CONFERS NO RIGHTS U PO N THE CE RTI FICA TE HOLDER.THIS c ER TI FICA TE D o E s N o T AF FI RMA TI VE L Y o R N G A TIVE L Y A E N o EX T E N D o R AL T E R TH E c OV E RAG EAFFoRDEDBYTHEPoLcsELOWTHISCERTIFIGATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWE ENTHEISSUINGtNsURER(S),AUTHORIZED REP RES ENTATIVE o R PRODUCE R,AND TH E c ERTIFICA TE HOLDER.
IMPORTANT:tf the certificate holder ts an ADDITIONAL IN SU RED, the policy(ies) must have ADDITIONAL
and conditions of the policy, certain policies
rights to lhe certilicate holder in lieu of such
INSURED provisions
may require an
endorsement(s),
o f beendorsed.lf SUBROGA TION ts WAIVED,subject to the terms
endorsement.A statement on this certificate does not confer
PRODUCER
Trust Risk Management Services, lnc.
1791 Paysphere Circle
Chicago, lL 50674
NAME:
PHONE
.9700 ,251.''.t11
EMAIL
ADDRESS: into@tq!lms.com
NAIC #
INSURER A: ACE American lnsurance GomDanv 22667
INSUREO
LEPS-PSS, PLLC
2081844ThAveWSte 150
Lynnwood, WA 98036 7734
INSURER B:
INSURER C:
INSURER D;
INSURER E:
INSURER F;
MAY
REOUIREMENT, TERM OR
OR MAY PERTAIN, THE IN
lsTHIS CERTITO THAFY THT POLIE OF UINS RANCE LISTED ELOW BEENHAVE SSU TOED ETH REINSU NAMED D ABOVE THFOR POE LICYERIODPNTED.CA NOTW THST NGANDI ANY OFCONDITION ANY co ORNTRACT EOTH DOCR U I\iIENT RESPECTWTHWHICHTOCERTHISTIFICATEBEiltssEDSURANCEDAFFORDEBYTHEDESCPOLICIESHERRIBEOt5EINBJSUECTEXCLUSIONANDsucOFHHAVEMAYBEEPAIDLAIMS.
LTR INSR wvo POLICY NUMBER
EACH OCCURRENCE s
PREMISES
MED EXP (Any one person)
PERSONAL & ADV INJURY
PRODUCTS-COIVP/OP AGG
COMMERCIAL GENERAL LIABILITY
GEN'L AGGREGATE LJMIT APPLIES PER:
PRO.
JECT
CLAIMS MADE OCCUR
POLICY LOC
COMBINED SINGLE LIMIT $
BODILY INJURY (Per Person)$
BODILY INJURY (Per
PROPERTY DAMAGE
ANY AUTO
ALL O\A/TIED
AUTOS
HIRED AUIOS
AUTOMOBILE LIABILITY
SCHEDULED
AUTOS
NON-O\ n\lED
AUTOS
EACH OCCURRENCE $UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS.[4ADE AGGREGATE $
DED RETENTION $
ER $
E-1.
WORKERS COMPENSATION
AND EMPLOYERS LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEI.IBER EXCLUDED?
(Mandatory in NH)
lfyes, describe under
Y/N
N/A
E.t. DISEASE. POLICY $
A
Psychologist's Professional
Liability
88G28740360 1112012022 1112012023 Each lncident
Annual
Aggregate
$1,000,000
$3,000,000
DESCRIPTION OF OPEMTIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached lf more space is required):
ACORD 25 (2016t031
COVERAGES
CERTIFICATE OF LIABILITY INSURANCE
CERTIFICATE UMBER:REVISION NUMBER:
@ 1988-201S ACORD CORPORATION. Ail rights reserved
The ACORD name and logo are registered marks of ACORD
DATE (MM/DD/YYYY)
THIS CE RTIFICATE IS IS SUE D AS A MA TTER o F INFORMATIO N ONL Y AND co NFERS NO RIG HTS U PON THE c ERTIFICAT E H OL OER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THEPOLICIESELOWTHIScERTIFICATEOFNSURANCEDOESNOTCONSTITUTEACONTRACTETWEENTHEISSUINGINSURER(s)AU THORIZE D REP RES ENTATIVE OR PRO DUCER,AN D TH E c ER TIFICATE HOLDER.
IMPO RTANT:tf the certifi cate holder ts an ADDITIONAL tNs URED,th p licy(ies )must be endorsed lf S UBROGA TIONIS WAIVED,subject to the terms nd cond itions of the pol cy,certai n polici es may require n endorsemenl.A statem ent on th rs certifi cate does otconferrightstothecertificateholdnerlnIteuuchendoment(s
PRODUCER
NUTMEG INS AGENCY INC/PHS
76210781
The Hartford Business Service Center
3600 Wiseman Blvd
San Antonio, fX78251
PHONE
(A/C, No, Ext)
(888) 925-31 37 FAX
(AJC, No):
E-MAIL
ADDRESS;
INSURER(S) AFFORDING COVERAGE NAIC#
INSURED
LEPS-PSS PLLC DBA Public Safety psychotogical
20818 44TH AVE W STE 150
LYNNWOOD WA 98036-7734
INSURERA: Sentinel lns urance Company Ltd.1 1000
INSURER B
INSURER C :
INSURER D
INSURER E
INSURER F
NOTWITHSTAN
ISTHIS CERTIFYTO TTHA POLICIESTHE OF SURANCEN ISTEDL HAVEBELOW EEN UISS ED TO INSUREDTHE NAM FOABOVE THER POLICY PERIODDINTED.ICA ANYNG R EQUIREME TENT oRM R COND ONtTr Fo ANY CONTRACT OTHEROR ENTDOCUI\4 RESPECTWITH TH ISWHtcHTOTtr^troTttrtaA tcBE ett
OTtrVNUEU rULITHE trJU'KIUtrDU HtsKEII!btru bU IUBJECT THEALLLUSIONTERMS,ANDs lTtCOND OFONS UCS POLIH ES.ct LIMITS SHOWN YMA HAVE REEEN U BYCED CLAIIVPAID S
TYPE OF INSURANCE POLICY NUMBER EXP LIMITS
EACH OCCURRENCE
TO $1,000,000
X General Liability
R
COMI\,1ERCIAL GENERAL LIAB ILIry
CLAII/S-MADE
MED EXP (Any one person)$1
INJURY 000,000
GENERAL AGGREGATE 000,000
PRODUCIS - COMP/OP AGG $4,000,000
A
X
GEN'L AGGREGATE LI[4IT APPLIES PER:
LOCPOLICY
OTHER:
PRO-
JECT
X 76 SBU BFOO17 05121t2022 0512112023
$2,000,000
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
X
A
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED
AUTOS
SCHEDULED
AUTOS
NON-OWNED
AUTOS
76 SBU BFOO17 05121t2022 0512112023
X EACH OCCURRENCE ,000,000UMBRELLA LIAB
EXCESS LIAB CLAIiVIS-
I\4ADE AGGREGATE $1,000,0A
X RETENToN $ 1 0,000
76 SBU BFOO17 05t2112022 05121t2023
E.L. EACH ACCIDENT
E.L. DISEASE -EA EMIPLOYEE
AND EMPLOYERS' LIABILITY
ANY
PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
lf yes, describe under
TION
N/A
E.L. DISEASE. POLICY LIMIT
A EMPLOYMENT PRACTICES
LIABILITY 76 SBU BFOO,IT 05121t2022 05t2112023 Each Claim Limit
Aggregate Limit $10,000
$10
OFDESCRIPTION OPERA rrolvs L rroilsoeA VEHICLES Additional(ACoRD Remarks edSch bemayule,attached moreif tsspace tequ ired)
usualThose theto NS ured's holdeCertificate IS anOperations.additional uredlns the Bu SINESS Coveper SSOOOBFormLiabilityrage toattached this
ts and noncontripolicyCoveragepnmary Bthe usrnessbutorype Form JJLiabilityCoverage atta toched ISth ofNotice willationtcypolCan
tn accordan with Form QC 22 toattached thiprovided3,policy
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAI.ICELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED
IN ACCORDANCE WITH THE POLICY PROVISIONS.
Kittitas County
205 West 5th Avenue Suite 108
Ellensburg WA 98926
aftaa.,.f /aafrn -a:-^,
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)