HomeMy WebLinkAboutInterlocal Agreement Between Kittitas County and Schuknechts Polygraph Service ExecutedpgGrry$stprue!_ $qRVLqH$. Aqffi rnryFFgT
This Agreement is made by and between Kittitas Ccunty ihereinafter "the County")
and Schuknecht's Polygraph Service (hereinafter "C*ntractot''). The County and
Contractnr ffStee as follows:
General Conditions; Exhibit A ($cop* of Work); fixhibit B {Comp*nsation};
Exhibit C {Proof of lnsurancc}.
copies af which are attached hereto and incorp*rxted herein by this reference as fully *s if
setfarth hersin"
The term of this Agreement shall comrnence on the October 1, 2AZZ, and continue
until June 30, 2025. Any party may terminate this Agreement by giving thirty (30)
days'natice in writing eith*r pereanelly delivered or mailed poetage-irJpaiC Uy e*rrinej
rrail, return receipt requested, to the pafiV'$ last knswn address tcr fire purposes cf giving
nstice under thi* paragraph.
Contractor acknowledges and by signing this Agr*ement agreee that the
lndemnification provisisns set farth in Paragraphs f ltnCepandent Contrait*r), g {Taxea},15 {CIefense and lndemnrty Agreement),-21 {Patent/Ccpyright lnfringement}'an& ZA
{Confidentiality}, are totally and firlly part cf thic ,&greernent-end hav} b*en mutuallynegotiat*d by the parties.
Frofessional Services Agreement (rev. 0g/141201 g )Page 1 of 18
A lN WITNE$$ WHFREOF, the parties l"rav* sxe*uted this .&greement this-ffiays (4t.h2CI23---v
$,FF}R*VHffi:
F*ARfi OF C*UI\,:TY COMMI$$'OrqrRS
Presidina Judcre
n fl, oi1.a ia
R. $parks NITTI ruTY,H't{GTOr{a
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Signature of $ignatory
iDate f/fl/ a3 .l
right, Chairmen
I?t c rtnf,JO /\ *fc ttr.*iaa;€t lri
Print Name of $ign*t*ry h*irrnan
ABSENT
l-aura 0sisdacx, Cornmiscioner
Cot
Contnaetor Address
413 N 2nd Street
Yakima, \A/A 38901
Frer.!ect Contast:
Rick Schuknecht
e
rJ'Eoerd
ty
.Apprnved ** ta Form
il*uglas R. l\ditchell,8&#.22877
fieputy Fr*s*cr-rting A
Couarety's &ddress:
Kittiias Countv
205 West stn Avenue, Suite 108
Fllensburg, WA SBS2S
Froject C*r'ataet:
Katrina Mankug, Juvenile cnurt Acrministrator, ilr rlesignee, $uite 211
Profes,sional $ervices Agreement (rev. 09114/201 g)
Page 2 oi 18
GENERAL CONDITIONS
1. Scope otContrqq{g/s Sqrvices:
Contractor agrees to provide to theCounty services and any materiats set forth in the
project nanative identified in Extribit'A" during the Agreement period. No material, labor,
or facilities will be fumished by the County, unless othenrvise provided for in the
Agreement.
2. Performane 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 ojPerforma.ngp:
Unless directed othenrise by the County, Conbactor 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 County and its successors and assigns.4.2 'Supporf means the fullowing: Contracto/s directors, offioers, employees,
agents and representatives; and sub'Contractors of any tier; the respective
direcfors, officens, 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 Contracto/s sub-
Contractors of any tier in connection with or incident to the performance of
the Work or this Agreement.4.3 The lA/orkn means all of theduties listed in Exhibit Aand the performance of
all other obligations, underthis Agreement by Contractor or ils Support.
5. Agcountinq and Payrnent for Contractor S-ervice.s:
Payment to the Contractor for services rendered under this Agreement shall be as set
forth in Exhibit "8". Where Exhibit "8" requires payments by the County, payment shall be
bgtud upon billings, supported unless othenrise provided in Exhibit "B'i, by documentation
of units of work actually performed and amounts eamed, including where appropriate, the
ac{ual number of days worked each month, totial number of hours for the month, and the
totral dollar payment requested. Unless specifically strated in Exhibit "B" or approved in
writing in advance by the Kittibs County Board of Commissioners, the County will not
reimburse the Contractor for any costs or expenses incuned by the Coniractor inperbrmance of this {greement.
Wtrcre required, the County shall, upon receipt of appropriate documentation, compensate
the Contractor, no more often than monthly, throulh the County voucher system, for thecontractods service pursuant to the be schedute set forth in Exhibit "8".
froforyio1_a! Servicee Agreeme nt (rev. 09t24p0 1 8)
Page 3 of 18
6. Assignment and-subcontracting:
No portion of this {greement may be assigned or subcontracted to any other individual,
firm or entrty without the express and prior written approval of the county.
7. lndependent Contractor:
The Contracto/s services shall be fumished 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 atl payments made hereunder and all services
performed shall be made and performed pursuant to this Agreement by the Contractor as
an independent Contractor.
The Conhactor acknowledges that the entire compensation for this {greement is specifted
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 Kiftitas County employees.
Contractor will defend, indemniff and hold harmless the County, its Additional lnsureds,
offcers, agents or employees from any loss or expense, including but not limiled to
settlements, judgments, setoffs, attomeys'fees or costs incuned by reason of claims or
demands because of breach of the provisions of this paragraph.
8. No Guarantee olEr.noloyment:
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 Contrador or any employee of the Contrac'tor or any sutsGontnactor or
any employee of any sub.Conhactor by the Coun$ at the present time or in the ftrture.
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 lntemal 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 solety liable for any tax obligation arising from the
Contracto/s performance of this Agreement The Contractor hereby agrees to indemniff
the County against any demand to pay taxes arising from the Contracto/s failure to pay
taxes on compensation eamed 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
Profossional Services Ag reemont (rev. 09124X20 1 8)
Page 4 of 18
income, or personal property to which the County does not hold titte. The County is
exempt from Federal Excise Tax.
10. Reoula$pns and Requirement:
This Agreement shall be subject to all larrvs, rules and regutations of the United States of
America, and State of Washington, and political suMivisions of fre State of Washington,
and to any other provisions set fortr herein or in the attached exhibits.
11. Rioht to Rqview:
This contract is subject to review by any Federal or State auditor. The County or its
deignee shall have the right to review and monilor the financial and service componenb
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-sile inspection
by County agents or employees, inspection of all records or other materials which the
County deems pertinent to the Agreement and its performanoe, and any and all
communications with or evaluation by service recipients under this Agreement. The
Contrac{or shall preserve and maintain all financial records and records retating to the
performance of work under this Agreement for 6 years after contract termination, and shall
make them available for such review, within Kiftitas Coung, State of Washington, upon
request.
12. Modiftcations:
12.1 Either party may request changes in the Agreement. Any and all agreed
modifications shallbe in writing, signed by each of the parties.
'12.2 The County may, at any time, by wriften notice thereof to Contrador
("Change Notice) makes changes in the Work wilhin 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 anyWork.
'12.3 lf any change in the Work causes an increase or decrease on Conbacto/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 aniving at a mutually acceptable
equitable adjustnent, Contractor shall proceed in accordance with all
change Notices. contractor must, wtthin thirly (30) days after receipt of any
change Notice that does not set forth any acceptable adjustnent, submit to
the coung a wriften statement setting forth any adjusbnent craimed.
Professlonal SeMcoa Agreement (rev. OSn4nC/'Bl
Page 5 of 18
12.5 lf any change resufts 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. Terminalign for Defautt:
lf the Contrador defaults by fiailing to perturm any of the obligations of the Agreement or
becomes insolvent or is declared bankrupt or commib any actof bankruptry oi insotvency
or makes an assignment for the benefit of credilors, the County may, by depositing written
notice to tre Contractor in the U.S. mail, postage prepaid, terminate-theAgrbemeni, and at
the County's option, obtain performance of the work elsewhere. lf the Agreement is
terminated for def;ault, the Contracfor shall not be entitled to receive any further payments
under the r\greement until all work calted for has been fulty performed. Any extra cost or
damage to the County resulting from such defauft(s) shalJ be deduc{ed from any money
due or coming due to the Conbactor. The Contractor shall bear any extra expenses
incurred by the County in completing the work, and all damage sustained, or which may be
sustained by the County by reason of such defuult.
lf a notice of termination for default has been issued and il is later determined for any
reason that the Contractor was not in defauft, 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 paragmph hereof.
14. Termination for Public Convqnlgrlce:
The County may terminate the Agreement in whole or in part whenever the County
determines, in iF sole discretion that such termination is in the best interests of the
County. Whenever the Agreement is terminated in accordance with this paragraph, the
Contrador shall be entitled to payment for actual work performed at unil contract prioes br
completed items of work. ln the event of such termination, an equitable adjustment shall
be made in the compensation payable to Contrac.tor.
An equitable adjusfnent in the contraci price for partially completed items of work will be
made, but suclt adjushrent 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 @nvenience, shall not constitute a breach of
contract by the County.
15. Febnse &lndemnity Aoreement
Th9,Contractor agrees to and shall defend, indemnity and hold harmless the County, i{s
Additional lnsureds, appointed and elective officers, agents and employees, from and
against all loss or expense, including but not limited to judgments, seftlements, attome/s
feeg and costs by reason of any and all claims and demands upon the County, its
Additional lnsureds, its etected or appointed officials, agents, or employees for damJges
because of personal or bodily injury, including death at any time resulting theredm,
Protusslonal SeMces Agreement (rev. 09t24t20 1 8)
Page I of 18
sustained 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 property is due to the
negligence of the Conbactor, its sub-Contractors, its elected officers, employees or their
agents, except only such injury or damage as shall have been occasioned by the sote
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.
1 6. lndustrial .lNurance Waiv.er:
\Aftth respect to the performance of this Agreement and as to claims against the County, its
Additional lnsureds, officers, agents and employees, the Contracilor expressly waives its
irnmunity 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, defund 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 muhratly negofiabd by the parties b ttis
Agrcement
17. Venue and Choice of Law:
ln the event that any litigation should arise conceming the construciion or interpretation of
any of the terms of this Agreement, the venue of such action of litigation shatl be in the
Superior Court of the State of Washington in and for the County of Kittitas. This
Agreement shall be govemed by the law of the State of Washington.
1 8. UfithholCing 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 Agr6ement ttren the
Cg_unty may, upon written notice, withhold all monies due and payiUte to Contractor,
withottt penalty, until such f;ailure to perform is cured or othenrvise aaludicated.
19. Futute Non,Allocation of Funds:
lf sttfficient funds are not appropriated or atlocated for payment under this Agreement for
any frrture 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 penatg or expense shall
accrue to the County in the event this provision applies.
20. Qo ntractgr Cgmm i[ne4ts. Wa nanties. A nd. Rep resentationq:
The contractor represents and wanants to ne County as rottows:20.1 The Contractor is-duly incorporated, validly existing and in good standing
under the laws of the State of Washingrton, and has all requisite corporale
power and authority to enter into and to perform its obligaiions under this
Agreement.
20.2 The Contractor has the authority to execute this Agreement, to make the
representations and wananties set forth in it and to perform the
Probssio_nal SeMces Agreement (rev. OSn4nOfi)
Page 7 of 18
obligations of the Contractor under this Agreement in accordance with its
terms.20.3 This Agreement has been validly executed by an authorized
representative of the Contractor and constitutes a valid and legally
binding and enforceable obligation of Contractor.20.4 The Contractor has or will obtain prior to the commencement date such
licenses, permits and other authorizations from federal, state and other
governmental authorities, as are necessary for the performance of ils
obligations under this Agreement.20.5 The Contractor is not in violation of any applicable law, ordinance or
regulation the consequence of which will or may materialty affect
Contrac'tot's ability to perform its obligations under this Agreement. The
Contractor is not subject to any order or judgment of any court, tribunal or
govemmental agency which materially and adversely affects its
operations or assets in the State of Washington, or its ability to perform
its obligations under this Agreement.20.6 None of the representations or wananties in this Agreement, and none of
the documents, statements, certificates or schedules furnished 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 material f;act necessary to make the statements of fact
contained therein not misleading.
21. PatenUCoovrioht lnfrinoement:
Conbactor will defend and indemniff the County from any claimed acfion, eluse or
demand brought against the County; io the extent such action is based on the claim that
information supplied by the Contractor infringes any patent or copyright. The Contractor
will pay those costs and damages attributable to any such claims that are finally awarded
against the Coun$ in any action. Such defunse and payments are conditioned upon the
following:
21.1 Contractorshall be notifted promptly in writing by Coung 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 inftingement is made, provided no reduction in performance or
loss resuhs 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 brougirt to the-attentionof the
County at the earliest possible time in order that such matters may be setiled
or other appropriate action promptly taken. Except br such objections as are
lrofe$ogl SoMcss Agreement (rev. 09/241201 8)
Page 8 of 18
made of record in the manner hereinafter speciftedand within the time limits
stated, the records, orders, instructions, anddecisions of the Kittitas Coung
Commissioners shall be finaland conclusive.
22.2 Notice of PotentialClaimq
The Contractorshall not be entitled to additional compensation
whichotherwise may be payable, or to extension of time for (1) any act or
failure to act by the County, or (2'1the happening of any event or occurence,
unless the Contractor has given the County a written Notice of Potential
Claim within ten (10) days of the commencement of the act, f;ailure, or event
giving rise to the claim, and before final payment by the County.The writton
Notice of Potential Claim shall set forththe reasons for which the Contractor
believes additional compensation or extension of time is due, the nature of
the cost involved,and insofar aspossible, the amount of the potential claim.
Contractor shall keep full and complete dailyrecords of thework perfiormed,
labor and material used, and all costs and additional time claimed to be
additional.
22.3. Detailed ClaimThe Contr:actor shall not be entitled to claim any sucfr
additionalcompensation, or extension of time, unless within thirty (30) days
of the completion of the portion of the work from rrvhich the claim arosb, and
before final payrnent by the Gounty, the Conbactor 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 timeclaimed to
be due.
23. Ownershio of ltems Produced:
Allwritings, progmms, data, public records or other materials prepared by the Conhadorand/or ib consultants or sub-Contractors, in connection witir perfo'rmance of this
Agreement shall be the sole and absolute property of the county.
24. Confid.en{qlitv:
The Gontractor, its employees, sub-Contractors, and their employees shall maintain theconfidentiality of all information provided by the County or acquired by the Contractor inperformance of this Agreement, except upon the pribr written consent of the Kittitras
9qrnty Prosecrrting^ Attomey or an oq"l gntered by a court after having acquired
iurisdiction over tte County. Contractor sh-all immediately give to the County nitice of anyjudicial. proceedings. seeking dMosure of such intormition. Contractor sn* indemnifyand hold harmless the County, its Additional lnsureds, ofiiciats,
"g"nt" oiemptoyees tromall loss or expense,.including, but not limited to setflements, judgirenc, setoffs, ittomuyr'fues and costs resulting from contracto/s breach of this provision.
Professlonal SeMcos Agreement (rev. Ogn4n}lg)
Page 9 of 18
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 Contracfor to the deparfnent head
of the departnent for whom services are rendered, and to the Kittitas County
Commissioners, 205 W 5h Ave, Suite 1O8,Ellensburg, WA 98926. Notice to the
Contractor for all purposes under this Agreement shall be given to the address reflecied on
the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first
class, postage prepaid.
26. SeverabilW:
lf any term or condition of this Agreement or the application thereof to any person(s) or
circumstances is held invalid, suclr 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. Miscellanegus:
27.1 The Countt's failure or delay to insist upon stict performance of any of the
provisions of this Agreement or to exercise any rights or remedies under thls
Agreement shall not be construed as a waiver or relinquishment to any
edent of its right to assert or rely upon any such provisions, rights or
remedies in that or any other instance; rather the same shall be and remain
in fullforce and effect.
27.2 This Agreement embodies the entire Agreementbetween the County and
Contractor, and supersedes any and all prior agreements, regarding the
Work. No change, amendment or modification of any provisions oi tris
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 afiorded to the County by any other provisions of this Agreement,
by any of Contrado/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. WaVpr:
Waiver of any breach or condition of this Agreement shall not be deemed a waiver of anyprior or subsequent breach. No terms or conditions of this Agreement shall be held to be
frotes{ona! SeMces Agreement (rev. 09t24p0 1 8)
Page 10 of 18
waived, modifted or deleted except by an instrument, in writing, signed by the parties
hereto.
29. Suryival:
The provisions of paragraphs 7, 9, 11, 13, 14, 15, 16, 17,18, 19, 20,21,22,23,24,28,
30,31,and 32 shall survive, notwithstanding the termination or invalidity of this Agreement
for any reason.
30 Nondiscrimination:
30.1 The County is an equal opportunity employer.
30.2 Nondiscrimination in Emplovment
ln the performance of this Agreement, the Contractor will not
discriminate against any employee or applicant for employment on the
grounds of race, creed, color, national origin, sex, sexual orientation,
marital status, age or the presence of any sensory, mental or
physical handicap;provided that the prohibition against discrimination
in employment because of handicap shall not apply if the particular
disability prevents the proper performance of the particular worker
involved. The Contractor shallensure that applicants are employed,
and that employees are treated during employment without
discrimination because of their race, creed, color, national origin, sex,
sexual orientation, maritial 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, recruibnent 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 fullcompliance with
local, state and federal laws prohibiting discrimination in employment.
30.3 Nondiscrimination inQgrviceq
The Contractor will not discriminate against any recipient of any services
or benefits provided for in this Agreement on the grounds of race,
creed, @lor, national origin, sex, sexualorientation, maritalstatus, age or
the presence of any sensory, mental or physical handicap.
30.4 lf any assignment and/or subcontracting has been authorized by the
co-unty, said assignment or subcontract shalr incrude 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.
Proftsslonal SeMcas Agreement (rev. 09t24801 g)
Pago 11 of 18
31. Prevailinq Waqe:
Contractor shall pay the prevaiting rate of wages to all workers, laborers, or mechanics
empfoyed in the performance of any part of the Work in accordance with RCW 39.12
and the rules and regulations of the Deparbnent 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 Contracto/s
responsibility to verify the applicable prevailing wage rate. lt is understood that the
Contractor is responsible for obtaining and completing all required govemment forms
and submitting same to the proper authorities.
Disputes regarding prevailing wage rates shall be refened 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 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 contract
with Kittitas Coun$, 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 othenrvise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of
the offenses enumerated in paragraph32.2of this section.32.4 Has not within a three-year period preceding the preceding the execution
of this contract with Kiftitas County had one or more pubfiCtransactions
(Federal, State, or local) terminated for cause of default.
Probssional Services Agreement (rev. 0gl24p0 1 g)
Page 12 of 18
EXHlBlr "A"
SCOPE OF WORK
ln addition to providing all material and labor, the Contractor shall perform the following
(A) Schuknechfs shall provide the following services:
a. Sexual history/disclosure polygraph examinations
b. Single issue investigative polygraph examinations
c. Monitoring (Maintenance) polygraph examination
Profossional Services Agreomefi (rev. Ogt24/201 8)
Page 13 of 18
EXHIBIT "B"
COMPENSATION
As full compensation for satisfactory performance of the work, the County shall pay
Contractor compensation not to exceed:
Sexual History/Disclosure Polygraph Examination $225.00
SinglelssuelnvestigativePolygraphExamination $175.00
Monitoring(Maintenance)PolygraphExamination $125.00
Kiftitas Coun$ will provide reimbursement through the Kiftitas County Audilor as ouflined
above. Monthty invoices for services provided which document the dates and details of
services provided during that billing period as described above are required. Billing shal!
be submitted in a timely manner to allow the County to process reimbursement in a like
manner.
The Contractor shall ensure that work to be perbrmed does not duplicate work to be
charged to Kittitas County under any other contract or agreement with the Contractor. lf
the Contrac'tor bills and is paid fees for services that Kiftitas Coung later finds were (a) not
delivered or (b) not delivered in accordance with applicable standards, Kittitas County inail
re@ver the fees for those services and the Conbac-tor shall fully cooperate during tre
recovery.
Billing and Payment
a. The Contnactor shall submit an lnvoice Voucher to the Kiftitas County Juvenile
Court at the end of each month. The invoice for the month in which thii report is
provided as requircd shall include the above charge for the report. Provision of
each of those reports as required is a mandatory condition precedent to payment
for any invoice subsequent to that period. lnvoices shall be sent to Kittfta; iounty
Juvenile court services, 20s w sh Avenue, Ste 211, Ellensburg, wA 9g926.
b. Kittitas County shall pay the Contractor upon acceptance of a properly completed
lnvoice Voucher. The invoice shatldescribe and document the following:
(1) Date and time period of service(s) performed;
(2) Case#;and
(3) Description of work perfrcrmed.
lromsgion-a!,*rvices Agreement (rev. Ogn4n}lf)
Page 14 of 18
c. Payment shall be considered timely if made by Kittitas County within 30 days after
the receipt of the propedy completed invoice.
d. The Conbactor accepts Kittitas County payment as the sole and complete payment
for the services provided under this contract.
e. Kittitas Coun$ shall not reimburse the Contractor for authorized services not
provided to clients, or br services provided which are not authorized or provided in
accordance with the 'Statement of Work'. lf the Kittitas County Juvenite Court pays
the Contnactor fur services authorized but not provided by the Contractor-in
accordance with this Contract's "stiatement of Work", tl€ amount paid shall be
considered to be an overpayment.
lf this Contract is terminated for any reason, the Kiftitas County Juvenite Court shatl pay for
only those services authorized and provided through the date of termination
Professional Services Agreement (rev. 09/241201 8)
Page 15 of 18
EXHIBIT "C"
PROOF OF INSURANCE
The Contractor shall secure and maintain in effect at all times during performance of the
Work such insurance as will protect Contractor, its Support and the Additional lnsureds
from all claims, losses, harm, costs, liabilities, damages and expenses arising out of
personal injury (including death) or property damage that may result from performance
of the work or this Agreement, whether such performance is by Contractor or any of lts
Support.
All insurance shall be issued by companies admitted to do business in the State of
Washington and have a rating of A-, Class Vll or better in the most recently published
edition of Best's Reports unless othenrvise 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 2M-15 WAC.
The Contractor shall provide proof of insurance for:
ffi Commercial General liability I nsurance
Coverage limits not less than:. $5,000,000 per occurrence. $1,000,000 per occurrence liquor liabilig. $1,000,000 products & completed operations aggregate. $1,000,000 personal and advertising injury, each offenseo Certificate Holder - Kittitas County. The Certificate must name the Coung as additional insuredo Sixtl (60) days written notice to the County of cancellationof the insurance
policy
fflCommercialAutorlobile Liqbilig 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 endorcement must be aftached if 'pollutants' aro to be
transpofted). 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 Worke rs'lOompensatioo
Professional SeMces Agreemont (rev. Ogn nClB')
Pago 18 of 18
Aclditional Covera eMa Be Re uired
t
Workers'Compensation in amounts required by law
[Stoo Gap/Emoloyers Liabili0l
Coverage limils 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.
[l 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. $2,000,000 annual aggregate
' lf insurance is on a claims-made form, its retroactive date, and that of atl
subsequent renewals, shall be no later than the effective date of this
Agreement.
nPollutlon Liability
The Contractor shall provide a Pollution Liability policy, providing coverage for
claims involving bodily injury, property damage (including loss of use of tangible
proper$ that has not been physically injured), cleanup costs, remediation,
disposal or other handling of pollutants, including costs and expenses incuned in
the investigation, defense, or seftlement of claims arising out of:o Contrastor's operations related to this project; and/oro Remediation, abatement, repair, maintenance or other work with lead-based
paint or materials containing asbestos; and/oro Transportation of hazardous materials away from any site related to this
project
Such Pollution Liability policy shall provide the following minimum coverage:r $ Per claimr $ annualaggregate
fl Propeftv Damaqe
The Contractor shall provide a policy that covers damage to Kittitas County
fucilities, including buildings, equipment, grounds, etc. Such policy shall provide
the following minimum coverage:o $ peroccurence
f] Umbrelta Coveraqe
Pmbssional SeMces Agreement (rev. 09124p01 8)
Page 17 of 18
j
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 fumish the County a Certificate of lnsurance to include the Policy
Endorsements/Exclusions as evidence that policies providing insurance required by this
Agreement are in full force and effect. Contractor hereby waives all rights of recourse,
including any right to which another may be subrogated, against Kittitas County for
personal injury, including death, and property damage. Contracto/s insurance policies
required above shall be primary insurance and shall be non-confibuting with any
other insurance maintained by Kittitas County.
The Contractor shall assume full responsibility for all loss or damage from any Gtuse
whatsoever to any tools, Contractot's employee-owned tools, machinery, equipment, or
motor vehicles owned or rented by the Contractor, or the Gontractor's agents, suppliers
or contractors as well as to any temporary structures, scafiolding and protective fences.
The Contractor shall have sole responsibility for ensuring the insuranc€ @verage and
limits required are obtained by subcontractors.
NOTE: No contract shall form untit and unloss a copy of the Certiffcate of
lnsurance with Endorcements/Exclusione, properly compteted and in the amount
required, ie attached hereto.
Failure of the Contractor to fully comply with the above insurance requirements during
the term of the Agreement shall be considered a material breach of contract and cauie
for immediate termination of the Agreement at the Countt's discretion. Altematively, the
County may procure and maintain, at the Contractor's soie expense, insurance to the
extent deemed proper up to the amount of the required coverage(s). The Coung may
offset the cost of such insurance against payment due to ne Conirictor under ttris
Agreement.
Itto{*g! SeMcos Agreernent (rev. Ogn4 nOlB)
Page 18 of 18