HomeMy WebLinkAboutAmendment of PSA for Hopsource Youth Scholarship ProgramPROF'ESSI ONAL SERVICES AGREEMITNT AMENDMENT
This contract amendment is made by and between Kittitas County (hereinafter refened to
as "County") and HopeSource (hereinafter referred to as "Contractor"). The County and the
Contractor agree as follows:
WHEREAS, Kittitas County and Contractor entered into a professional services contract that
was fully executed by both parties on January 3,2023; and
WHEREAS, after executing the Agreement, it was discovered that only the budget for 2023
(and not for 2024) was included with the Agreement.
WHEREAS' it is intention of the Parties that the budgets for both years be included in the
Agreement. Therefore, it is the desire of the Parties to amend the Agreement by
including Exhibit 8/2024, that is attached hereto and hereby incorporated by this
reference; and
WHEREAS, all other parts of the Agreement remain unchanged.
NOW THEREFORE' BE IT RESOLVED that the Board of County Commissioners of Kittitas
County, Washington, authorizes execution of the contract amendment that is
attached hereto and incorporated herein by this reference.
+71DATED this day of
HOPESOURCE
Director of Operations
2023, at Ellensburg, Washington.
APPROVED:
BOARD OF COLINTY COMMISSIONERS
KITT tNGTON
V
Professional Services Agreement Amendment
EXHtBtT 8.1202420iuYouthKittitas County YSBudeet2,695s80ssDescriptionFunds provided directly to program participantslncludes pool costs forthe program (lT, Phone, lnsurance, Space +costs for processing checks bythe finance department) and wagesto pay staff member for working with scholarship families (incomeverification, application processing, communicating withorga nizations/clients, su bmitti ng application for payment,outreach).BudgetCategoryDirect ServiceAdmin (9%) and ooerations (14%lIotalHopeSource Director of OperationsAndrew LyonsPrepared By:Kittitas Cou nty Com missionerAuthorized by:
BOARD OT COUNTY COMMISSIONERS
COUNTY O['IflTTITAS
STATE OF WASHINGTON
nr':SOt,UnOX XO. ZOZZ-.1 4{,e
A RESOLUTION AUTHORIZING EXECUTION OF A PROF'ESSIONAL SERVICESAGREEMENT F'OR PROVISION OF THE YOUTH RECREATIONAL SCHOLARSHIP
PROGRAM
Nowo THEREFORE BE IT REsoLvED, The Kittitas county Board of county
Commissioners authorizes execution of the attached Professional Services
Agreement with Hopesource for provision of the Youth Recreational
Scholarship program.
BOARD OF COUNTY COMMISSIONERS
, WASHINGTON
WIIEREAS,
wHEREAS,
wHEREAS,
APPROVED AS TO FORM:
Kittitas county desires to aid and facilitate youth activities; and
Kittitas county has previously contracted with HopeSource, a non-profit
organization, for provision of the youth Rccreational Scholarship prngram; and
Kittitas County desires to contract with Hopesource for continued provision of
this program through the end of 2024.
IO
t .? l3t>/rt.,
of
Deputy Prosecuting Attomey
. This Agreement is made by and between Kittitas County (hereinafter "the County',)and HopeSour@ (hereinafter "Contracto/'). The County and Contractor agree as follows:
General Conditions; Exhibit A (Scope of Work); Exhibit B (Compensation);
Exhibit C (proof of lnsurance).
copies of which are attached hereto and incorporated herein by this reference as fully as ifset forth herein.
The term of this Agreement shall commence on the 1st of January 2023 andcontinueuntilthe 31stof December ?924. Any party may terminate this Agreement by giving thirty(30) days' notice in writing either personally-delivLred or mailed pos"tage-prep"ioiv certifiedmail, return receipt requested, to the party's last known address for i-he'pripo."r of giving
notice under this paragraph.
Contractor acknowledges and by signing this Agreement agrees that thelndemnification provisions set forth in Paragraphs 7 llnoepeniaent Contraltor), 9 (Taxes),15 (Defense and lndemnity Agreement),- 2i (PatenVCopyright tnfringement) and 24(Confidentiality), are totally and fully part of this Agreement-and have been mutuallynegotiated by the parties.
Professiona l Services Agreement (rev . 09 l24 tZ} 1 gl
Page 1 of17
lN WTNESS WIIEREOF, the parties have executed this Agreement tnis ?-d {JVot fl4Lo {y\,W f,,2022,
HOPESOURCE
(Date
Print
of
APPROVED:
BOARD OF COUNTY COMMISSIONERS
, WASHINGTON
Vice-Chairmanry
1{
4 ttv ly
Gontractor Address
Project Contact:
Andrew Lyons, HopeSource
Vickie Nesbit, HopeSource
Susan Grindle, HopeSource
as to Form;
Deputy Prosecuting Attorney
County's Address:
Kittitas County
205 West 5th Avenue, Suite 108
Ellensburg, WA 98920
Project Gontact:
Brett Wachsmith, Comrnissioner
Budget and Finance Manager
llt
Profes-sional Services Agreement gev. A9t2412018)
Pago 2 of 17
GENERAL CONDITIONS
1. Sgooe of Contractor,s Servicoq:
Contractor agrees to provide to tlre County services and any materials set forth in the project
narrative identified in.Exhibit''A" during the Agreement period. No material, labor, or facilitieswill be furnished by the County, unlesl otherwise provided for in the Agreement.
2. Performance of WoIK:
Contractor shall perform work in accordance with, and shall complywith, allof the provisions
of this Agreement. All work shall comply with appticable codes and ordinances.
3, Schedule of Performance;
Unless directed otherwise by the County, Contractor shall perform the work in accordancewith any schedules made a part of this Agreement
4. Definitions:4'1 "Additional lnsureds" means the County, its successors and assigns, andthe respective directors, officers, employees, agents and repreftntatives ofthe County and its successors and assigns.4'2 "Support" means the following: Contractor's directors, officers, employees,
agents and representatives; and sub_Contractors of any tier; the respective
directors, officers, employees, agents and representaiives of these sub-Contractors of any tier; and any other person or entity acting under thedirection or control ol or on behalf of, Contractor or any ContLcto/s sub-
Contractors of any tier in connection with or incident to the performance of the
Work or this Agreement.4.3 The "Work" means all of the duties listed in Exhibit A and the performance of
all other obligations, under this Agreement by Contractor or its Support.
5. Acco.u[Jing alrd paymeQt for Contrqctor Services:
Payment to the Contractor for services renoereO unler this Agreement shall be as set forthin Exhibit "8"' Where Exhibit "8" requires payments by the County, payment shall be basedupon billings, supported unless othenarise provided in
-Exhibit
"8",
-bi
documentation of unitsof work actually performed and amounts earned, including where appropriate, ine actuatnumber of days worked each month, total number of hours f6r the month,
"nO
tn" total dollarpayment requested. Unless specifically stated in Exhibit "8" or approved in writing inadvance by the Kiftitas Coun$ Board of Commissioners, the County witt not reimburse theContractor. for any costs or expenses incuned by the bontractor in performance of thisAgreement.
Whele required, the County shall, upon receipt of appropriate documentation, compensatethe Contractor, no more often than monthly, through the County voucher system, for thecontractor's service pursuant to the fee schedute set torth in Exhibit "8,'.
Profes-siona I Services Agree ment (rev. Ogt24 DAft)
Page 3 of 17
6. Assisnment and Subcontractirlg:
No portion of this Agreement may be assigned or subcontracted to any other individual, firm
or entity without the express and prior written approval of the county.
7. ffldependent Contractor:
The Contractor's services shall be furnished by the Contractor as an independent Contractor
and nothing herein contained shall be construed to create a relationship of employer-
employee or master-servant, but all payments made hereunder and all services performed
shall be made and performed pursuant to this Agreement by the Contractor as an
independent Contractor,
The Contractor acknowiedges that the entire compensation for this Agreement is specified
in Exhibit "8" and the Contractor is not entitled to any Gounty beneflts including, but not
limited to: vacation pay, holiday pay, sick leave pay, medicai, dental, or other insurance
benefits, or any other rights or privileges afforded to Kittitas County employees.
Contractor will defend, indemnifo 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_gf Employment:
The performance of all or part of this Agreement by the Contractor shall not operate to vest
any employment rights whatsoever and shall not be deemed to guarantee any employment
of the Contractor or any employee of the Contractor or any sub-Contractor or lny emftoyee
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. \Mrere required by State or Federal law, the Contractor authorizes the
County to make withholding for any taxes other than income taxes (i.e. Medicare). All
compensation received by the Contractor will be reported to the lnternal Revenue Service
at the end of the calendar year in accordance with the applicable IRS regulations. lt is the
responsibility of the Contractor to make the necessary estimated tax payments throughout
the year, if any, and the Contractor is solely liable for any tax obligation arising from the
Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify
the County against any demand to pay taxes arising from the Coniracior's failure to pay
taxes on compensation earned pursuant to this Agreement.
The County will pay sales and use taxes imposed on goods or services acquired hereunder
as required by law. The Contractor must pay all other taxes including, but not limited to:
Business and Occupation Tax, taxes based on the Contractor's gross or net income, or
qergonalpropefi to which the County does not hold title. The County is exempt from
Federal Excise Tax.
Professional Services Agreement (rev. 0g1241201 B\
Page 4 of l7
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 aftached 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 thisprogram by whatever means ate 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 bounty
agelts or employees, inspection of all records or other materials which ihe County deemipertinent 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 Kiftitas 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.
Notwithstanding any dispute or delay in arriving at a mutually acceptable
equitable adjustment, Contractor shallproceed in accordance wiih allChange
Notices. contractor must, within thirty (30) days after receipt of any change
Notice that does not setforth any acceptabre adjustment, submitto 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
12.4
12.5
Professi onal Services Agree ment (rev. OSl24 l2O1 A)
Page 5 of 17
revising design already completed, revising calculations already performed,
and revising documents.
13. Termination fgr 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 aciof bankruptcy oi insolvency
or makes an assignment for the benefit of creditors, the Cbunty may, by'depositing written
notice to the Contractor in the U.S. mail, postage prepaid, termlnate-the-Agreemeni, and atthe County's option, obtain performance of ihe work elsewhere. lf thl Agreement is
terminated for default, the Contractor shalt not be entitled to receive any furthJr 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 expen=ei 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 Gontractor was not in default, the rights and obligations of the parties shall be the
same as if the notice of termination had been issued pursuant to the Terminalion for public
Convenience paragraph hereof.
14. Termination for Public Conveniense:
The Coun$ 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 tennination, 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 oi contract Uy tne
County.
15. Defense & lndemnitv Aoreement:
lh.g.pontractor agrees to and shall defend, indemnifo and hold hannless the County, its
Addjtional lnsureds, appointed and elective officers, agents and employees, from'and
against all loss or expense_, including but not limited to julgments, setfl'ements, attorney's
fees and costs by reason of any and allclaims and demahdJupon the County, itsAdditional
Insureds, its elected or appointed officials, agents, or employees for damages because ofpersonalor bodily injury, including death at any time resulting therefrom, sustained by anyperson or persons and on account of damage to property including loss of use thereoi,
whether such injury to persons or damage io property li Uue to i'he negligence of the
Professional Services Agreement (rev. 0g I 24 I ZO1 8)
Page 6 of 17
Contractor, its sub-Contractors, its elected officers, employees or their agents, except onlysuch injury ordamage as shall have been occasioned oy ttie sole negligeice oithe iounty,its Additional lnsureds, appointed or elected officials, igents, or eiployees. lt is furtherprovided that no liability shall attach to the County by reison of enteiinginto this contract,except as expressly provided herein.
16, lndugtrial Insurance Waiver:wmres@ofthisAgreementandastoclaimsagainsttheCounty,its
Additional lnsureds, o_f!ce-rs, agents and employees, the Contractor'expressly waives itsimmunity under Title 51 of the Revised Code of-Washington, the lndustiial lniurance Act,for injuries to its employees and agrees that the obligatidns to indemnifo, defend and.hold
harmless provided in this agreement extend to anyilaim brought by or on behalf of anyemployee of the Contractor. This waiver is mutuilly negotiaiea Uy tne parties to thisAgreement.
17. Venue and Choice of Law:
ln the event that any litigation should arise concerning the construction or interpretation ofany of the terms of this Agreement, the venue of suih'action of litigation snatt Oe in theSuperior Court of the State of Washington in and for the County of Kitt-itas. This Agreement
shall be governed by the law of the State of Washington,
1 8. \4{thhotdino Pavment:
ln the event the Contractor has failed to perform any obligation to be performed by theContractor under this Agreement within the time set for[h in th-is Agreemeni, then the C6untymay, upon written notice, withhold all monies due and payable to Contractor, withouipenalty, until such failure to perform is cured or othenruise adjudicated
19. Futyre Non-Allocation of Funds:
lf sufficient funds are not appropriated or allocated for payment under this Agreement forany future fiscal period, the County will not be obligated'to make payments fo-r services oramounts incurred after the end of the current fiscil period. No penalty or expense shallaccrue to the County in the event this provision applies.
20. Qontractor comrnitments. warranlies and Representations'
The contractor represents and warranT@rows:20'1 The Contractor is duly incorporated, vatiOly existing and in good standing
under the laws of the State of Washington, and ha-s all requisite corporaie
power and authority to enter into and to perform its obligations under this
Agreement.20'2 The Contractor has the authority to execute this Agreement, to make the
representations and warranties set forth in it and to perform the
obligations of the Contractor under this Agreement in accordance with its
terms.
f rofes_slory! Se rvi ces Ag re e m e nt {r ev . A9 I 24 I 201 E)
PageT of 17
20.3
20.4
20,5
20.6
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 othergovernmentalauthorities, 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 willor may materially affect
contractor's ability to perform its obligations under this Agreement. The
contractor is not subject to any order or judgment of any court, tribunal orgovernmental agency which materially and adversely affects its
operations or assets in the state of washington, or iis ability to perform
its obligations under this Agreement.
None of the representations or warranties in this Agreement, and none of
the documents, statements, certificates or schedules furnished or to be
furnished by contractor pursuant hereto or in connection with theperformance of the obligations contemplated under this Agreement,
contains or will contain any untrue statement of a materiaifact or omits or
will omit to state a material fact necessary to make the statements of fact
contained therein not misleading.
2 1. PatenUCopyliqht lnfrinq?ment:
Contractor will defend and indemnify the Goun$ from any claimed action, cause or demand
brought against the County; to the extent such iction is based on the claim that information
supplied by the Contractor infringes any patent or copyright. The Contractor wiil fay those
gosts and damages attributabLe to any such claims inat are flnally awarded against theCounty in any action. Such defense and payments are conditioned upon the follJwing:21.1 Contractor shall be notified promptly in writing by Coung of any notice oisuch
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 Coung, arising under and by
virtue of the Agreement Documents shall be brought to the-attention of the
Coun$ at the earliest possible time in order that suih matters may be setfled
or other appropriate action promptly taken. Except for such objections as are
made of record in the manner hereinafter specifred and within the time limits
stated, the records, orders, instructions, and decisions of the Kittitas County
Commissioners shall be finaland conclusive.
Profes_sional Services Agreement (reu. 09t2412019)
Page 8 of 17
22.2 Notice of PotentialClaims
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 Gontractor has given the County a written Notice of Potential Claim within
ten (10) days of the commencement of the act, failure, or event giving rise to
the claim, and before final payment by the County. The written Notice of
Potential Claim shall set forth the reasons for which the Contractor believes
additional compensation or extension of time is due, the nature of the cost
involved, and insofaras possible, the amount of the potentialclaim. Contractor
shall keep full and complete daily records of the work performed, labor and
material used, and all costs and additionaltime claimed to be additional.
22.3. Detailed Claim
The Contractor shall not be entitled to claim any such additional
compensation, or extension of time, unless within thirty (30) days of the
completion of the portion of the work from which the claim arose, and before
final payment by the County, the Contractor has given the County a detailed
written statement of each element of cost or other compensation requested
and of all elements of additional time required, and copies of any supporting
documents evidencing the amount or extension of time claimed to be due. -
23. Ownership of ltonrs Produced:
All writings, programs, data, public records or other materials prepared by the Contractor
and/or its consultants or sub-Contractors, in connection with performance oithis Agreement
shallbe the sole and absolute property of the Coung.
24. Confidentialitv:
The Contractor, its employees, sub-Contractors, and their employees shall maintain the
conJidentiality of all information provided by the County or acquired by the Contractor in
performance of this Agreement, except upon the prior wlitten consent oi the Kittitas County
Prosecuting Attorney or an order entered by a court after having acquired jurisdiction overthe County. Contractor shall immediately give to the County notice of any judicial
proceedings s_eeking disclosure of such information. Contractor shall indemnif,T anC nob
harmless the County, its Additional lnsureds, officials, agents or employees from all loss or
expense, including, but not limited to seftlements, judgments, setoffs, attorneys'fees and
costs resulting from Contractor's breach of this provision.
To the extent that any information obtained by ine 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:
Professiona I Services Agreem ent (rev. Og t 24 nO 1 g)
Page 9 of 17
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement,
except service of process, notice shall be given by the Contractor to the department headof the department for whom services are rendered, and to the t<ittitas County
Commissioners, 205 W Slh Ave, Suite 108, Ellensburg, WA 98926. Notice to the Contractol
for all purposes under this Agreement shall be given to the address reflected on the
signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class,
postage prepaid.
26. Severabilitv:
lf any term or condition of this Agreement or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms,- conditions or
applications which can be given effect without the invalid term, condition or application. To
this end, the terms and conditions of this Agreement are declared severable.
27. Miscellaneous:
27.1 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
27.3
27.4
This Agreement embodies the entire Agreement between the county and
.contractor, and supersedes any and alr prior agreements, regarding thework. No change, amendment or modification of any provisions oi this
Agreement shallbe valid unless set forth in a written instrument signed by the
party to be bound thereby.
The rights and remedies of the coung set forth in any provision of this
Agreement are in addition to and do not in any way limit any olher rights of
remedies afforded to the coung by any other provisions of this Agreement,
by any of Contractor's Support or by law.
The headings of sections and paragraphs of this Agreement are for
convenience of reference only and are not intended to restrict, affect or be
of any weight in the interpretation or construction of the provisions of such
sections or paragraphs.
28, Waiver:
Waiver of any breach or condition of this Agreement shall not be deemed a waiver of anyprior or subsequent breach. No terms or conditions of this Agreement shall be held to bi
waived, modified or deleted except by an instrument, in writing, signed by the parties hereto.
29. Survival:
ffe prov]9ions of paragraphs 7, g, 1 1, 13, 14, 1 S, 16, 17, 19, 19, ZO, 21, ZZ, Zg, 24,2g, 30,
31, and 32 shall survive, notwithstanding the termination or invalidig of this Agreement for
any reason.
Professi onal Services Agreement (rev . 0g124 t2O1 g)
Page 10 of 17
30. Nondiscrimination:
30.1 The County is an equal opportunity employer.
3O.2 Nondiscrimination .in Employqgnt
ln the performance of this Agreement, the contractor will nol
discriminate against any employee or applicant for employment on the
grounds of race, creed, color, national origin, sex, sexual orientation,
maritalstatus, age or the presence of any sensory, mental or
physical handicap; provided that the prohibition against discriminationin employment because of handicap shall not apply if the particular
disability prevents the proper performance of the particular worker
involved. The Contractor shallensure that applicants are employed,
and that employees are treated during employmentwithout
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 ortransfers, recruitment or
recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and programs for training incruding
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 N-ondiscrimination in Servicesi
The Contractor will not discriminate against any recipient of any services
or benefits provided for in this Agreernent on the grounds of race,
creed, color, national origin, sex, sexual orientation, rnarital status, age or
the presence of any sensory, mental or physical handicap.
30'4 lf any assignment and/or subcontracting has been authorized by the
county, said assignment or subcontract shail include appropriate
safeguards against discrimination. The Contractor shall take such
action as may be required to ensure full compliance with the
provisions in the immediately preceding paragraphs herein.
31. Prgvailing WaoC:
Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics
employed In the performance of any part of the Work in accordance with RCW 39.12
and the rules and regulations of the Department of Labor and lndustries. The schedule
of prevailing wages rates for the locality or localities of the Work is determined by the
Professional Services Agreement (rev. 09 I 241 201 g)
Page 1 '1 of 17
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 compleiing 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 Departrnent 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 civil judgment rendered
against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private
agreement or transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, receiving
stolen property, making false craims, or obstruction of justice.32.3 ls not presently indicted for or otherwise criminally or iivitty charged by agovernmental 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 publiCtransactions
(Federal, State, or local) terminated for cause of default.
Professional Services Ag reement (rev. 0g t24 l2O1 g)
Page'12 of 17
FXHIBIT "A"
SCOPE OF WORK
ln addition to providing all material and labor, the Contractor shall perform the following:
Profeesiofl-al_ServlcesAgreement(rev.OilZ4nO1F,)
Page 13 of17
l-lopeS OUTCC
700 E Moultairr View Ava.
Suite 50.I.
Fliensburg, \rVA 98926
P:509,9?5.1448
F: 509.925.1204 www.hopes,:r.rtce. is
Exhibit A: Youth Recreation Scholarship Program Guidelines/
Kittitas County-only funds
our mission is to mitigate the effects of poverty and other situations that place a child,s social and emotionaldevelopment at risk. The Youth Recreation scholarship is intended to tretp children participate in after-schoolsports activities.
ELIGIBILITY. Kiftitas county must have family incorne at or below 60% of Area Median Income.
' Children in foster care qualify with proof of placement in a licensed foster home or with relative caregiver,regardless of income, Child can temporarily reside out of county if Dependency case is within the KittitasCounty court system.
ADMINISTMTION
HopeSource will administer the disbursement of the Youth Recreation scholarship funds on behalf of KittitasCounty and other funders, such as the Law and Justice Council, City of Ellensburg, United Way and theShoemaker Foundation.
APPLICATION
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Families interested in applying for a Youth Recreation scholarship will submit their application to HopeSourceeither o.nline or on paper, The application shall include the following:
1. Application form (includes address, contact information and infoimation about the activity the child isparticipating in)
2. Registration form or other proof of activity cost3' Proof of one month's income and names, birth dates and social Security numbers for each family member (oRinformation on tile with HopeSource current within the last year),
SCHOI.ARSHIP-FUNDED ACNVMES WTTH KITTITAS COUNTY FUNDS
Scholarships can help pay for orga.nized physical activities, which includes dance, gymnastics, swim lessons andpasses, spofts leagues and sportloutdoor day camps for children age 0-lB. The icholarship'may also be used forequiprnent for a specific activity if the equipment is necessary in ordir to pafticipate in that activity (for example,soccer cleats for a soccer league).
SCHOI.ARSHIP LIMITS
75o/o of the cost of a single activity, month of ongoing activity, or equipment. Limit of g150 per child per calendaryear,
Each parent/guardian should. anticipate making a monetary contribution to the activity. HopeSource mayconsider, on a case-by-case basis, paying the family's portion of the cost using discreiionary funds.
PAYMENTS
HopeSource will send payment directly to the organization responsible for the activity. The organization must beable to provide a W-9 form to Hopesource to receive payment.
12106/2022
EXHIBIT "B"
COMPENSATION
As full compensation for satisfactory performance of the work, the County shall pay
Contractor compensation not to exceed:
frofewlonal Seruices Agreement (rev. ASn4t2}'tgl
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EXHIBIT BPrepared ByHopeSource Director of OperationsKittitas Cou nty Com missioner,quthorized by:rtytSA*etCE4err.8052,6955Descriptiontowages(incomeanddepartment)financethebychecksprocessingstaffforpaypool costsforthe program (ff, phone, lnsurance, Space +submitting application for payment,member for working with scholarship familiesapplication processing communicating with
EXHIBIT "C"
PROOF OF INSURANCE
The Contractor shall secure and maintain in effect at all times during performance of the
Work such insurance as will protect Contractor, its Support and the Additional lnsureds
from all claims, losses, harm, costs, liabilities, damages and expenses arising out of
personal injury (including death) or property damage that may resuit from performance of
the work or this Agreement, whether such performance is by Contractor or any of its
Support.
All insurance shall be issued by companies admitted to do business in the State of
Washington and have a rating of A-, Class Vll or better in the most recenfly published
edition of Best's Reports unless othenrise 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 and2B4-1S WAC.
The Contractor shall provide proof of insurance for:
ffi Commercia! general Liability 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 offenser Certificate Holder - Kittitas Countyr The certificate must name the county as additional insured. Sixty (60) days written notice to the County of cancellation of the insurance
policy
f QommerclalAutomobile Liability lnsurance (if ANY use of vehicle in performance)
Automobile Liability for owned, non-owned, hired, and leased vehicles (MCsgo
endorsement and a CA 9946 endorsement must be aftached if 'pottutants' are to be
transported). Coverage limits not less than:. $1,000,000 combined single limit. Thirty (30) days written notice to the County of cancellation
of the insurance policy.
fl Workers' Qg{npensation
Additional Co Ma 8e Re
Professional Servi ces Agreement (rev, 09124 I ZO1 B)
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Workers'Compensation in amounts required by law
I Ston GaplEmplovers Liability
Coverage limits not less than:. $1,000,000 each accident. $1,000,000 disease - policy limit. $1,000,000 disease - each employee
' Thirty (30) days written notice to the county of cancellation
of the insurance policy,
f Professional Liability
The Contractor and/or its Subcontractor and/or its consultant providing
professional services shall provide evidence of Professional Liability lnsurance
covering professional errors and omissions, Such policy must provide the following
minimum limits:. $1,000,000 per claim. $2,000,000 annual aggregate
' lf insurance is on a claims-made form, its retroactive date, and that of all
subsequent renewals, shall be no later than the effective date of this
Agreement.
fJ eollution Liabitity
The Contractor shall provide a Pollution Liability policy, providing coverage for
claims involving bodily injury, property damage (including toss of use of tangibleproperty that has not been physically injured), cleanup cosls, remediation, disptsalor other handling of pollutants, including costs and expenses incurred in the
investigation, defense, or setflement of claims arising out of:r Contractor's operations related to this project; and/or. Remediation, abatement, repair, maintenance or other work with lead-based
paint or rnaterials containing asbestos; and/orr Transportation of hazardous materials away from any site related to this project
Such Pollution Liabili$ policy shall provide the following minimum coverage:r $ per claimr $ annual aggregate
f Property Damaqe
The Contractor shall provide a policy that covers damage to Kittitas County
facilities, including buildings, equipment, grounds, etc, suclh policy shall provide
the following minimum coverage:r $ per occurrence
I Umbrella Coverage
Professional Services Agree menl (rev. 0g E4 I 201 g)
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Umbrella policies shall provide coverage at least as broad as specified for
underlying coverages (CGL, Auto, Employer's Liability) and cover those insured in
the underlying policies, including additional insured.o Amount required for this Agreement: g
Contractor shall furnish the County a Certificate of lnsurance to include the policy
Endorsements/Exclusions as evidence that policies providing insurance required by thii
Agreement are in full force and effect. Contractor hereby wlives all rights of recourse,
including any right to which another may be subrogated, against t<iititas County forpersonal injury, including death, and property damage. Contricto/s insurance poiicies
required above shall be primary insurance and shall be non-contributing with any
other insurance maintained by Kittitas County,
The Contractor shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, Contractor's employee-owned tools, machinery, equipment, or
motor vehicles owned or rented by the Contractor, or the Contractor's agenis,'suppliers
or contractors as well as to any temporary structures, scaffotding and prolective fences.
The Contractor shall have sole responsibility for ensuring the insurance coverage and
limits required are obtained by subcontractors.
NOTE: No contract shall form until and unless a copy of the Gertificate of
lnsurance with Endorsements/Exclusions, properly compliteO 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 so-le 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 tlris
Agreement.
Professional Se rvices Agreement (rev. Og lZ4 lZOl Bl
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