HomeMy WebLinkAboutVoided_Abracadabra AgreementKittitas County Sheriffs Office
3O7 W. Umptanum Rd.
Ellensburg, WA98926
MEMORANDUM
9/28/2023
In Novembet of 2020 the Sheriffls Office prepared a contract with Abracadabra Cleaning
Services to augment janitorial services at our facility.
Prior the implementation of the contract, Abracadabra contacted our offlrce to give notice that
they lost personnel and would be unable to fulfil the contract. The contract was voided and
another contract created with a different service provider.
No services were ever provided by Abracadabra and no payments were made to them.t0K
Inspector Chris Whitsett
Page 1 of 1
This Agreement is made by and between Kiftitas County (hereinafter'the County")
and Abracadabra Cleaning Services (hereinafter "Contractor"). 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 if
set forth herein
The term
continue until
202A and
by giving
thirty (30) days'by
certified mail, return req the purposes of
giving notice under th ragraph
Contractor acknowledges and by signing this Agreement agrees that the
lndemnification provisions set forth in Paragraphs 7 (lndependent Contractor), 9 (Taxes),
15 (Defense and lndemnity Agreement), 21 (PatenUCopyright lnfringement) and 24
(Confidentiality), are totally and fully part of this Agreement and have been mutually
negotiated by the parties.
Professional Services Ag reement (rev. 091 24 1201 8)
Page 1 ol 17
mailed
day of
thisAny pa
lN WTNESS WHEREOF, the parties have executed this Agreement this dayof_ _,2020.
APPROVED
Signature of Signatory
(Date
Abracadabra Cleaning
Ellensburg, WA
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNry, WASHINGTON
Chairman
Vice-Chairman
Clerk of the Board
Form
Attorney
County's
Kittitas County
205 West Sth Avenue, Suite 108
Ellensburg, WA 98926
Proiect Gontact:
lnspector Chris Whitsett
)
Print Name of Signatory
Gontractor Address:
601 %SPineSt
EiiensbUtbWAffip2A
Project Gontact:
Scott Mayberry
Professional Services Agreement (rev . O9 124 120 1 8)
Page 2 ot 17
By:
Deputy
w
GENERAL CONDITIONS
1. Scope of Contractor's Services:
Contractor agrees to provide to the County services and any materials set forth in the project
narrativeidentifiedinExhibit"A"duringtheAgreementperiod. Nomaterial,labor,orfacilities
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. Allwork shallcomply with applicable codes and ordinances,
3. Schedule of Performance:
Unless directed otherwise by the County, Contractor shall perform the work in accordance
with any schedules made a part of this Agreement.
4. Definitions:4.1 'Additional lnsureds" means the County, its successors and assigns, and
the respective directors, officers, employees, agents and representatives of
the County and its successors and assigns.4.2 "Support" means the fol Contractor's directors, of{i@rs, employees,
and
di
the respective
of these sub-
under the
di or sub-
any of the
Wo* o4.3 The "Wo all the performance of
all other obligations, under this Agreement by Contractor or its Support.
5. Accountinq and Pavment for.Contractor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set forth
in Exhibit "B". Where Exhibit "B" requires payments by the County, payment shall be based
upon billings, supported unless otherwise provided in Exhibit "8", by 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 Contractor in performance of this
Agreement.
\Mtere required, the County shall, upon receipt of appropriate documentation, compensate
the Contractor, no more often than monthly, through the County voucher system, for the
Contracto/s service pursuant to the fee schedule set forth in Exhibit "B".
Professi onal Services Agreement (rev . 09 124 1201 8)
Page 3 of 17
or
or
to
and
or on
con
6. Assiqnment and Subcontracting:
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. lndependent Contractor:
The Contractor's services shallbefurnished bythe Contractoras 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 acknowledges that the entire compensation for this Agreement is specified
in Exhibit "8" and the Contractor is not entitled to any Coung 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, indemniff and hold harmless the County, its Additional Insureds,
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.
The performance
any employment
operate to vest
employment
of the Contractor or any employee
of any
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 from the
Contractor's performance of this Agreement. The Contractor hereby agrees to indemnif,T
the County against any demand to pay taxes arising from the Contractor's failure to pay
taxes on compensation earned pursuant to this Agreement.
The Countywill pay sales and use taxes imposed on goods or seryices acquired hereunder
as required by law. The Contractor must pay all other taxes lncluding, but not limited to:
Business and Occupation Tax, taxes based on the Contractor's gross or net income, or
personal property to which the Coun$ does not hold title. The County is exempt from
Federal Excise Tax.
Professional Services Agreement (rev. 091241201 8)
Page 4 of 17
Ag
shall
the
the
10. Requlations and Reouirement:
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
be
12.2 The n$,at ("Change
Ag
scope of this
revisions to,
for,(b) changes in
(c)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 Change
Notice that does not set forth any acceptable adjustment, submit to the County
a written statement setting forth any adjustment claimed.
12.5 lf any change results in a decrease in the Work performed, Contractor shall
be entitled to compensation associated with changing the Work, such as
P rofessional Services Ag reement (rev . 09124 I 201 Bl
Page 5 of 17
o
time, by
in the
but not
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 County may, by depositing written
notice to the Contractor in the U.S. mail, postage prepaid, terminate the Agreement, and at
the County's option, obtain performance of the work elsewhere. lf the Agreement is
terminated for default, the Contractor shall not be entitled to receive any further 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) shallbe deducted from any money due
or coming due to the Contractor. The Contractor shall bear any extra expenses incuned 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 shall be the
same as if the notice of termination had been issued pursuant to the Termination for Public
Convenience paragraph hereof.
14
The County may r the County
determines, in its
\Menever the Ag
shall be entitled to for
items of work. ln the of such
or
ln
an
of the County.
the Contractor
for completed
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 & lndemnitv Aqreement:
The Contractor agrees to and shall defend, indemniff and hold harmless the County, its
Additional lnsureds, appointed and elective ofiicers, agents and employees, from and
against all loss or expense, including but not limited to judgments, settlements, aftorney's
fees and costs by reason of any and all claims and demands upon the County, its Additional
lnsureds, its elected or appointed ofiicials, 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 proper$ including loss of use thereof,
whether such injury to persons or damage to propefi is due to the negligence of the
Professional Services Ag reement (rev . 09124 120 1 8)
Page 6 of 17
parag
part
bestsuch term
tn
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 Coung,
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 Insurance 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 Insurance Act,
for injuries to its employees and agrees that the obligations to indemniff, 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
ln the event the
Contractor under then the
may, upon written
penal$, untilsuch
19. Future Non-Allocation 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 Commitments. Warranties and Represe ntations:
The Contractor represents and warrants to the County as follows:20.1 The Contractor is duly incorporated, validly existing and in good standing
under the laws of the State of Washington, and has all requisite corporate
power and authority to enter into and to perform its obligations under this
Agreement.
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.
Professional Services Ag reement (rev . 09 I 24 120 1 8)
PageT of 17
tn
by the
County
withoutue
to
in thetime
all mon
24.3
20.4
20.5
20.6
21.
Contractor will
brought against the
supplied by the
costs and damages
This Agreement has been validly executed by an authorized
representative of the Contractor and constitutes a valid and legally
binding and enforceable obligation of Contractor.
The Contractor has or will obtain prior to the commencement date such
licenses, permits and other authorizations from federal, state and other
governmental authorities, as are necessary for the performance of its
obligations under this Agreement.
The Contractor is not in violation of any applicable law, ordinance or
regulation the consequence of which will or may materially affect
Contractor's ability to perform its obligations under this Agreement. The
Contractor is not subject to any order or judgment of any court, tribunal or
governmental agency which materially and adversely affects its
operations or assets in the State of Washington, or its ability to perform
its obligations under this Agreement.
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
that
or demand
information
ll pay those
against theble to
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 pedormance or loss
results to the County.
22. Disputes
22.1 General
Differences between the Contractor and the County, arising under and by
virtue of the Agreement Documents shall be brought to the attention of the
County at the earliest possible time in order that such matters may be settled
or other appropriate action promptly taken. Except for such objections as are
made of record in the manner hereinafter specified and within the time limits
stated, the records, orders, instructions, and decisions of the Kittitas County
Commissioners shall be final and conclusive.
P rofessi onal Services Agreement (rev . 09 I 24 120 1 8)
Page I of 17
the County
nt such
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 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 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 allcosts 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 tharty (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
all of of any supporting
to be due.
All writings, prog
and/or its consultants
shall be the sole and
23.
the Contractor
thisAgreement
24. Confidentialitv:
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 Coun$. Contractor shall immediately give to the County notice of any judicial
proceedings seeking disclosure of such information. Contractor shall indemnifo 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.
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:
Professiona I Services Ag reement (rev. 09/24120 1 8)
Page 9 of 17
time
p
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 head
of the department for whom services are rendered, and to the Kittitas 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. 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 Coun$'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
27.2 re the County and
, regarding the
Work of this
Ag llbe a signed by the
party to
27.3 The Cou set provision of this
27.4
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.
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
waived, modified or deleted except by an instrument, in writing, signed by the parties hereto.
29. Sulival:
The provisions of paragraphs 7, 9, 1 1, 13, 14, 15, 16, 17, 1 8, 1 9, 2A, 21, 22, 23, 24, 28, 30,
31, and 32 shall survive, notwithstanding the termination or invalidity of this Agreement for
any reason.
Professional Services Ag reement (rev. 09 I 24 1201 8)
Page 10 of 17
ag
of any
a
unless
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,
maritalstatus, 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 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
shal with respect to
ance with
n employment.
30.3
The will
or
of any services
of race,
creed, color, nationalorigin, sex, sexualorientation, marital 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 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.
31. Prevailinq Waqe:
Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics
employed in the performance of any part of the Work in accordance with RCW 39.12
and the rules and regulations of the Department of Labor and lndustries. The schedule
of prevailing wages rates for the locality or localities of the Work is determined by the
Professional Services Agreement (rev . 09 124 120 1 8)
Page 1'l ot 17
I laws
be
lndustrial Statistician of the Department of Labor and Industries. lt is the Contractor's
responsibility to verifi7 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:32J 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
co ission of or
of , recelvtng
32.3 ls ind charged by a
on of any of
the execution
,o
ph
of this contract with Kittitas County had one or more public transactions
(Federal, State, or local) terminated for cause of default.
Professi onal Services Agreement (rev. 09 I 24 1201 8)
Page 12 of 17
the enu
32.4 Has not nath tng
ng
false
for or
ederal,
ln
EXHIBIT ''A"
SCOPE OF WORK
ln addition to providing all material and labor, the Contractor shall perform the following
Weekly janitorial services at the Kittitas County Sheriff s Office at 307 W Umptanum Rd in
Ellensburg, WA to include the following services to be performed in a single period totaling four
(4) person-hours once weekly on days of regular operation of the Sheriff s Office Administration:
Clean and disinfect all bathroom fixtures and surfaces
Clean and disinfect common computer and copy areas
Clean and disinfect kitchen surfaces
Clean and disinfect all conference tables
Polish interior window glass
Straighten fumiture
Empty wastebaskets and replace liners as needed
Vacuum carpeted areas and entrance mats
Sweep hard floors
Wet mop floors
All and must pass a
fingerprint-
Professional Services Agreement (rev. 091241201 8)
Page 13 of 17
a
a
a
a
a
a
a
a
a
a
a
with
EXHIBIT ''8"
COMPENSATION
As full compensation for satisfactory performance of the work, the County shall pay
Contractor compensation not to exceed:
$341.25 per month
Professional Services Agreement (rev. 0912412018)
Page 14 ot 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 Insureds
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 9r any of its
Support.
All insurance shall be issued by companies admitted to do business in the State of
Washington and have a rating of A-, Class Vll or better in the most recently published
edition of Best's Reports unless othenruise 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 and284-15 WAC.
The Contractor shall provide proof of insurance for
$1,000
$1,000,
$1,000,
$1,000,
Certificate
The Certificate must name the County as additional insured
Sixty (60) days written notice to the County of cancellation of the insurance
policy
fl Commercial Automobile Liabilitv lnsurance (if ANY use of vehicle in performance)
Automobile Liability for owned, non-owned, hired, and leased vehicles (MCS 90
endorsement and a CA 9946 endorsement must be attached if 'pollutants' are 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.
X Workers' Compensation
Professional Services Agreement (rev. O912412018)
Page 15 of 17
liquor I
Additional Co May Be Required:
Workers'Compensation in amounts required by law
n Stop Gap/Emolovers 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.
n Professional Liability
The Contractor and/or its Subcontractor and/or its consultant providing
professional services shall provide evidence of Professional Liability lnsurance
covering professionalerrors 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.
I Pollution lity
The coverage for
claims i use of tangible
property that been ),, disposal
or other of incurred in the
investigation,nsg, oro Contractor'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
I Propertv Damaoe
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
Professional Services Agreement (rev. 09 124 l2A 1 8)
Page 16 of 17
lyi
a Polluti
property
tcy, p
ng
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: $
Contractor shall furnish 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. Contractor's insurance policies
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 wellas 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 Certificate of
in the amountlnsurance with
required, is
Failure of the Co fully during
the term of the shall be 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
offset the cost of such insurance against payment due to the Contractor under this
Agreement.
Professiona I Services Ag reement (rev. O9 I 24 120 1 8)
Page 17 of 17
a
c