Loading...
HomeMy WebLinkAboutExecuted AgreementKITTITAS COUNTY AGREEMENT FOR SERVICES This Agreement for Services (hereinafter "Agreement") is entered into by and between Kittitas County (hereinafter "County"), a political subdivision of the State of Washington, and Comprehensive Healthcare (hereinafter "Contractor"), The purpose of this Agreement is as follows: The purpose of this Agreement is to provide mental health and substance use treatment services for Kittitas County Behavioral Health Court (BHC) participants, improve access to needed mental health services, address financial need associated with service hours that Comprehensive is unable to bill under traditional treatment models, and support participants' ability to obtain necessary care from qualified mental health providers. The term of this Agreement is OL/OI/26 through t2/3I/27, unless the Agreement is terminated early or its term is extended as provided herein. The parties' addresses and points of contact for the administration of this Agreement are as follows: COUNTY CONTRACTOR This Agreement includes the following, which are attached hereto and hereby incorporated by this reference: 205 West 5th Ave, Room 180 Ellensburg, WA 98926 Emily Brown Treatment Court Coordinator Lower District Court Emily.brown@co.kittitas.wa.us 509-962-7513 Attachment "A" Attachment "B" Attachment "C" Attachment "D" Attachment "E": Attachment "F": Kittitas County Agreement for Services (rev.5/L4/251 Page 1 of 20 402 South 4th AV Yakima, WA 98902 Daniel Ladd Grants and Contracts Manager Comprehensive Healthcare Da niel. ladd @comphc.qlg s09-575-4698 Scope of Work Compensation lnsurance Requirements General Terms and Conditions W-9 (Contractor must complete and return to the County for payment) Retirement Status Form (Contractor must complete and return to the County for payment f Contractor is an individual, as opposed to a corporate business entity) CONTRA TOR Jodi Daly, PhD, CEO Printed Name Date: cEo Title KITTITAS COUNTY NTY COMMIBOARD OF Commissioner rk of the RS Date: Attest: tr ABSENT ]N WITNESS WHEREOF, this Agreement has been executed by and on behalf of the parties through their authorized representatives, effective as of the latest date written below. Kittitas County Agreement for Services (rev.5l1//25l Page 2 of 20 ATTACHMENT'A,, scoPE o F WORK Kittitas Countv District Courts' Behavioral Health Court (BHCI Agrees to: A. Refer BHC applicants to Contractor for BHC evaluation and recommendation for program participation. B. Provide appropriate and accurate information on referred applicants. C. Provided appropriate support for the Contractor liaison to accomplish their needed services. D. Designate Treatment Court Coordinator, Emily Brown or other individual assigned as such by the Court as contact person and liaison with Contractor. E. Provide a budget of up to S25,OOO for 2026 calendar year and 525,000 for 2027 calendar year for services provided by Contractor as described in Exhibit B. F. Pay invoice upon receipt from Contractor for services within 30 working days. Contractor Agrees to: A. Submit properly prepared itemized invoices monthly through email to the treatment court coordinator. Contractor shall maintain sufficient backup documentation of expenses under this Agreement. No reimbursement shall be made to any invoice submitted after May I,2027 . B. Designate Christopher Moore (Christopher.moore@comphc.org) or designee as Contractor's contact person and liaison with BHC and Dan Ladd (Daniel.ladd@comphc.ore) as contact person regarding to billing or contract. C, Provide the listed services described in Exhibit A. D. Provide an invoice to the BHC within 30 days of service completion as listed in Exhibit A. E. Submit final billings no later than 30 days after L2/2I/2027. F. To acknowledge that participants may refuse Contractors services unless such services are mandated by law, including a court order. G. That the Contractor liaison's activities will not go beyond those duties as approved by BHC and Contractor except as otherwise provided by law. Contractor and BHC mutually Agree to A. Maintain a n open line of communication between BHC staff and Contractor staff for sharing pertinent information about pa rticipants. B. To have a schedule that is flexible and consistent with BHC operations and maintain their credential status as described in Exhibit C. C. Contractor and BHC shall comply with their established regulations regarding confidentiality including federal HIPAA regulations and 42 CFR Part 2. The parties shall sign and incorporate the "Business Associate Agreement" pertaining to HIPAA compliance as in integral portion of renewal of this Agreement before engaging in performance of this Agreement' D. Not recruit for employment nor initiate contracts with employees of the other party during the period of this Agreement. E. That specific services may be canceled or rescheduled for good cause by either party without incurring any cost under this Agreement. "Good cause" includes security or safety concerns, including unforeseen Kittitas County Agreement for Services lrev. 5/L4/25) Page 3 of 20 staffing shortages, that may impact the safe operations of the BHC in judgement of the authorized BHC personnel. Exhibit'?" Contractor Scope of Services: a. Provide at a minimum, at least .I25 of an FTE dedicated to the BHC. b. Provide BHC evaluation of participants within two weeks of referral, pending scheduling conflicts. Evaluation may take place in the Contractor office or at the Kittitas County Corrections (jail). c. Provide a written report of BHC evaluation within two weeks of evaluation appointment to team for review with recommendation for program entry. d. Assist participants in accessing services for BHC participants as appropriate, including but not limited to medication management and therapy as needed. e. Provide weekly status updates on participant progress, including but not limited to attendance, concerns, medication management, amenability, strategies & goal setting. f. Coordinate information sharing among Contractor staff and BHC as appropriate and necessary. This may include primary substance use disorder (SUD) service deliverables and/or medication management. g. Weekly attendance at BHC Team Staffing and Court which is currently scheduled for Thursdays 4:00- 6:00 pm. h. Participate in quarterly administrative meetings with BHC Team and attend the yearly retreat, at the expense of Contractor unless funding is available as determined by the County. Contractor shall consult with the Treatment Court Coordinator in advance to determine if there are sufficient funds to pay for costs of Contractor participation. i. Participate in on-going training related to therapeutic courts, as available and schedule allows. All effort is made to have quarterly Lunch & Learn's for information purposes and funding requests to send team members to both the state and national treatment court conference. We understand due to staffing, this is not always feasible, but all effort made to encourage on-going training is appreciated. Kittitas County Agreement for Services lrev.5/t4/25) Page 4 of 2O ATTACHMENT,,B' COMPENSATION THE COUNTY WILL NOT PROCESS PAYMENT FOR SERVICES RENDERED UNDER THIS AGREEMENT UNTIL CoNTRACTOR SUBMtTS A COMPLETED W-9 (SEE ATTACHMENT "E"). ln consideration of Contractor's satisfactory performance of the work described in Attachment "A" and Exhibit "8" to this Agreement, the County shall pay Contractor an amount not to exceed 525,000 in2O26 and an amount not to exceed 525,000 in 2027. Unless otherwise provided herein, Contractor shall be solely responsible for Contractor's travel and related expenses. Kittitas County Agreement for Services (rev.5/Ml25l Page 5 of 20 ATTACHMENT,,C" INSURANCE REQUIREMENTS Contractor shall secure and maintain in effect at all times during performance of work under this Agreement such insurance as will protect Contractor, its employees, and agents from all claims, losses, harm, costs, liabilities, damages and expenses arising out of Contractor's performance under this Agreement, including but not limited to personal injury (including death) or property damage. 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 otherwise approved by the County. lf an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. At a minimum, Contractor shall maintain and provide proof of the following selected options: X CommercialGener I Liabilitv lnsurance Coverage limits not less than: . 51,000,000 per occurrence, for all covered losses o $2,000,000 general aggregate o $1,000,000 products & completed operations aggregate r $1,000,000 personal and advertising injury, each offense The policy must be endorsed to include the County and its officials, employees and agents as additional insureds. Commercial Automobile Liabilitv lnsurance r Automobile Liability for owned, non-owned, hired, and leased vehicles, with an MCS 90 endorsement and a CA 9948 endorsement attached if 'pollutants' are to be transported. I Coverage limits not less than: r $1,000,000 combined single limit Excess or Umbrella Liabilitv . Contractor shall provide Excess or Umbrella Liability coverage of 55,000,000. This Excess or Umbrella Liability coverage shall apply, at a minimum, to both the Commercial General and Automobile lnsurance policy coverages. lf used to meet limit requirements, coverage must be at least as broad as specified for underlying coverages, and must cover those insured in the underlying policies. . This requirement may alternatively be satisfied through Contractor's primary Commercial General and Automobile Liability coverage, or any combination thereof. . The policy must be endorsed to include the County and its officials, employees and agents as additional insureds. . Coverage shall be "pay on behalf", with defense costs payable in addition to policy limits. . There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. x Workers'Comoen & Emnlove/s Liabilitv Contractor shall provide Workers Compensation and Employer's Liability insurance on a state-approved policy form providing benefits as required by law with employer's liability limits no less than S1,000,000 per accident or disease. Kittitas County Agreement for Services lrev.5/14/251 Page 5 of 20 X Professional Liabilitv / Errors and Omissions Liabilitv r Coverage limits not less than: o $1,000,000 each claim ' Contractor must provide evidence of this coverage on a policy form appropriate to Contractor's profession. n I Other insurance coverage as deemed appropriate by either the County Risk Manager or the assigned Deputy Prosecuting Attorney. Additional insurance types which the County may need to require (non- exhaustive list): Cyber, Pollution, Aircraft, Watercraft, Liquor, Crime/Fidelity, Sexual Abuse & Molestation, Jones Act, Longshoremen/Harborworkers, Marine. ] Contractor shall furnish to the County a Certificate of lnsurance, with endorsement where required above, as evidence that policies providing insurance required by this Agreement are in full force and effect. Contractor's insurance policies required above must apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to the County. Contractor agrees to provide notice to the County at least thirty (30) days prior to cancellation, or any material alteration or non-renewal, of any of the above-required insurance coverages. Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, machinery, equipment, or motor vehicles owned or utilized by Contractor, or Contractor's agents, employees, suppliers or contractors, as well as to any temporary structures, scaffolding and/or protective fences. Contractor shall have sole responsibility for ensuring the insurance coverage and limits required herein are also obtained by any subcontractors. NOTE: Notwithstanding any other provision(s) of this Agreement, no contract shall form under this Agreement until and unless the following are provided to the County: (1) a copy of the Certificate(s) of lnsurance with all required endorsements, properly completed and in the amounts required, and (2) where requested by the County, a copy of the required insurance policies, including all required endorsements' Kittitas County Agreement for Services (rev.5/M/25) PageT of 2O ATTACHMENT,,D, GENERAL TERMS AND CONDITIONS t. Scope of Contractor's Services: Contractor agrees to provide to the County services as set forth in Attachment "A". No materials, labor, or facilities will be furnished by the County, unless otherwise provided herein. All work performed under this Agreement shall comply with applicable laws and regulations. 2. Accounting and Pavment: Compensation to Contractor for services rendered under this Agreement shall be as set forth in Attachment "8". Where Attachment "8" requires payment(s) by the County, payment shall be based upon billings, supported unless provided otherwise in Attachment "B", by documentation of units of work actually performed and amounts earned, including, where appropriate, the total number of hours for the month and the total dollar payment requested. Unless specifically stated in Attachment "B", the County will not reimburse Contractor for any costs or expenses incurred by Contractor in performance of this Agreement. Where required, the County shall, upon receipt of appropriate documentation, compensate Contractor, no more often than monthly, through the County voucher system, for Contractor's services pursuant to the fee schedule set forth in Attachment "8". ln the event Contractor fails to perform any of its obligations under this Agreement within the time specified herein, then the County may withhold all monies due and payable to Contractor until such failure to perform is cured or otherwise adjudicated. The County will not process payment for services rendered under this Agreement until Contractor submits a completed W-9 (See Attachment "E"). 3. Taxes: Contractor understands and acknowledges that the County will not withhold Federal or State income taxes from payments made to Contractor. Where required by State or Federal law, Contractor authorizes the County to make withholding for any taxes other than income taxes (e.g., Medicare). All compensation received by Contractor will be reported to the lnternal Revenue Service at the end of the calendar year in accordance with applicable IRS regulations. lt is the responsibility of Contractor to make its necessary estimated tax payments throughout the year, if any, and Contractor is solely liable for any tax obligation arising from Contractor's performance of this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. Contractor must pay all other taxes, including but not limited to: business and occupation tax; or taxes based on (1) Contractor's gross or net income, or (2) personal property to which the County does not hold title. The County is exempt from federal excise tax. 4.4 Contractor: Contractor's services shall be furnished by Contractor as an independent contractor, and nothing stated herein shall be construed to create a relationship of employer-employee or a guarantee of future employment. Contractor acknowledges that its entire compensation under this Agreement is specified in Attachment "8", and that Contractor is not entitled to any County benefits, including but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Kittitas County employees. 5. Assienment and Subcontracting: This Agreement may not be assigned or subcontracted in whole or in part without the express prior written approval of the County. 6. Right to Review; Maintenance of Records: This Agreement 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 the work performed under this Agreement by whatever means are deemed expedient by the County. Such review may occur with or without notice, and may include, without limitation, on-site inspection, inspection of all records or other materials which the County deems pertinent, and any and all communications with or evaluation by service recipients under this Agreement. Contractor shall preserve and maintain all records Kittitas County Agreement for Services (rev.5/L4/25) Page 8 of 20 relating to this Agreement for six (6) years after termination or expiration of the Agreement, and upon request shall make them available for review by any Federal or State auditor, the County, and/or any persons authorized by the County. 7, Modification T.L This Agreement may be amended by mutual agreement of the parties. Any such amendment shall be in writing and signed by both parties. 7,2 The County may unilaterally amend this Agreement at any time by written notice ("Change Notice") to Contractor, to modify the work to be performed under this Agreement, within the general scope of the Agreement. Such changes may include, but are not limited to, changes in the exact scope of work to be performed (including modification, substitution, addition, or deletion of required tasks) and changes to the schedule of performance. lf any such Change Notice causes an increase or decrease to Contractor's cost of, or the time required for, performance of the work, an equitable adjustment in the compensation to Contractor and/or in the schedule for the performance of the work shall be made by the County to reflect such an increase or decrease. Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment, Contractor shall proceed in accordance with all Change Notices. Within thirty (30) days after receipt of any Change Notice which, in Contractor's opinion, lacks an adequate adjustment, Contractor must submit to the County a written statement requesting a modified adjustment; otherwise, Contractor will forfeit its right to any such modified adjustment. The County retains the final right to determine adjustments hereunder. 8. Termination S.L This Agreement may be terminated at any time by mutual written agreement of the parties 8.2 The County, by giving written notice, may terminate this Agreement at any time without cause and without further obligation to Contractor except for payment due for deliverables provided and/or services performed prior to the effective date of termination. An equitable adjustment in the contracted price for partially completed tasks will be made by the County, but such adjustment shall not include compensation for loss of anticipated profit on uncompleted work. 8.3 lf Contractor defaults by failing to perform any of its obligations under this Agreement, or becomes insolvent, is declared bankrupt or commits any act of bankruptcy or insolvency, or makes an assignment for the benefit of creditors, the County may, by written notice to Contractor, terminate the Agreement, and at the County's option, obtain performance of the work elsewhere. lf the Agreement is terminated under this paragraph, Contractor shall not be entitled to receive any further payments under this Agreement until all of its obligations hereunder have been fully performed, and any extra cost or damage to the County shall be deducted from any money due or coming due to Contractor. Furthermore, in the event of termination under this paragraph, Contractor shall bear the costs of any extra expenses incurred by the County in completing the work, and all damages sustained, or which may be sustained, by the County. 8.4 Termination of this Agreement by any means provided herein shall not excuse any party's performance of its obligations hereunder through the effective date of termination, except that the County shall not be obligated to pay for services that have not been performed or deliverables that have not been provided. 9. Indemnification 9.1 To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold the County and its departments, elected and appointed officials, employees, agents and volunteers, harmless from Kittitas County Agreement for Services lrev.5/14/2Sl Page 9 of 20 and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal or bodily injury, sickness, disease or death, for any damage to or destruction of any property (including the loss of use resulting therefrom), and for any other claims, damages, losses, and expenses sustained by the County, which (1) are caused in whole or in part by any act or omission, negligent or otherwise, of Contractor, its employees, agents or volunteers, or Contractor's subcontractors, their employees, agents or volunteers; or (2) are directly or indirectly arising out of, resulting from, or otherwise connected with the performance of this Agreement; or (3) are based upon Contractor's or its subcontractors' use of, presence upon or proximity to the property of the County. This indemnification obligation of Contractor shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of the County. This indemnification obligation of Contractor shall not be limited in any way by the Washington State lndustrial lnsurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and Contractor hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of Contractor are a material inducement to the County to enter into this Agreement, are reflected in Contractor's compensation, and have been mutually negotiated by the parties. 9.2 The County reserves the right, but not the obligation, to participate in the defense of any claim for damages, losses or expenses, and such participation shall not constitute a waiver of Contractor's indemnity obligations contained in any section of this Agreement. 9.3 ln the event Contractor enters into subcontracts to the extent allowed under this Agreement, each such subcontractor shall indemnify the County on a basis equal to or exceeding Contractor's indemnity obligations to the County. 10. Venue and Choice of Law: ln the event that any litigation should arise concerning this Agreement, the venue for such action 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 laws of the State of Washington. 11. Non-Appropriation of Funds: lf the County does not appropriate sufficient funding for this Agreement for any future fiscal period, the County will not be obligated to make payments for services performed after the end of the last fiscal period for which sufficient funding was appropriated. No penalty or expense shall accrue to the County in the event this provision applies. 12. Contractor Commitments, Warranties, and Representations: Contractor represents and warrants as follows: t2.L 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. L2.2 Contractor has the authority to execute this Agreement, to make the representations and warranties set forth herein, and to perform its obligations hereunder. L2.3 This Agreement has been validly executed by an authorized representative of Contractor and constitutes a valid and legally binding and enforceable obligation of Contractor. 72.4 Contractor holds, or will obtain prior to commencing work under this Agreement, such licenses, permits and other authorizations from federal, state and local governmental authorities, or from any applicable industrial or professional certification or licensing bodies, as are necessary for the lawful performance of its obligations under this Agreement, and will maintain such throughout the term of this Agreement. Kittitas County Agreement for Services (rev.5/74/251 Page 10 of 20 I2.5 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. 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. L2.6 Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. 72.7 None of the representations or warranties in this Agreement, and none of the documents, statements, certificates or schedules furnished by Contractor 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 a material fact necessary to make the statements of fact contained therein not misleading. 13. Ownership of Items Produced: All writi ngs, programs, data, reports, films, recordings, or other materials prepared by Contractor and/or its consultants or subcontractors, in connection with the performance of this Agreement, shall be the sole and absolute property of the County. The County will have all rights of ownership therein, including but not limited to the right to use, copyright, trademark, andfor patent, and the ability to transfer any or all ownership rights. 14. lntellectual Propertv lnfringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information and/or materials supplied by Contractor infringe any intellectual property rights of any third party(ies). Contractor will pay all costs and damages attributable to any such claims finally awarded against the County in any action. Such defense and payments are conditioned upon the following: (1) Contractor shall be notified promptly in writing by the County of any notice of such claim; and (2) Contractor shall have the right hereunder, at its option and expense, to obtain for the County the right to continue using the information and/or materials that are the subject of such claim, provided no reduction in performance or loss results to the County. 15. Use of County Name and Logo: Contractor may not use the County's name, logo(s), trademark(s), or other identifying information, or identify the County as a current or former client, on its website or in any marketing or promotional materials without the prior written consent of the County. 16. Disputes: Any dispute between the parties arising under or relating to this Agreement shall be resolved informally if possible. However, in the event such a dispute cannot be so resolved, it shall be adjudicated by a dispute board ("Dispute Board") in the following manner: Each party shall appoint one member to the Dispute Board, the members so appointed shall jointly appoint an additional member to the Dispute Board, and the Dispute Board will evaluate the facts, Agreement terms, and all applicable statutes and rules, and make a determination as to the proper resolution of the dispute. Such determination shall be final and binding on both parties. The cost of resolution will be borne as allocated by the Dispute Board. Alternatively, if agreed to in writing by both parties, the parties may forego the option of establishing a Dispute Board to adjudicate the dispute, and instead pursue arbitration, jointly selecting an arbitrator acceptable to both parties. ln the event the parties choose to pursue arbitration, the parties agree that: (1) the fees and expenses of the arbitrator shall be shared equally by both parties to this Agreement, (2) each party shall bear its own costs and attorney fees, (3) arbitration shall be conducted according to the commercial arbitration procedures of the American Arbitration Association, and (4) the arbitrator's decision or award shall be final and binding on both parties. 77. Confidentialiw: Contractor, its employees, agents and volunteers, and any of Contractor's subcontractors and their employees, agents and volunteers, shall maintain the confidentiality of all information Kittitas County Agreement for Services (rev.5/La/251 Page 11 of 20 provided by the County or acquired by Contractor in performance of this Agreement, except upon the prior written consent of the Kittitas County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately provide the County notice of any judicial proceedings seeking disclosure of such information. Contractor agrees to indemnify, defend and hold harmless the County and its departments, elected and appointed officials, employees, agents and volunteers 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. Notwithstanding the foregoing, and to the extent that any information obtained by the Contractor hereunder is required to be shared with others by the explicit terms of the Scope of Work, this provision shall not be construed as prohibiting such sharing, provided there are no applicable laws or regulations prohibiting same. 18. Notices: Written notices required or permitted to be provided by one party to the other party under this Agreement may be provided by personal delivery, legal courier service, or certified mail, postage prepaid and return receipt requested. Notice may be provided by regular first class mail if simultaneous notice is provided by email. Notices given by Contractor shall be provided to the County's point of contact listed on page 1 of this Agreement, at the address there listed, and to the department head of the county department for which services under this Agreement are rendered. Notices given by the County shall be provided to Contractor at Contractor's address listed on page 1of this Agreement. 19. Prevailine Waee: Where labor to be performed under this Agreement is considered "public work" as defined in RCW 39.04.010, Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the performance of work under this Agreement in accordance with RCW 39.12 and the rules and regulations of the Washington State Department of Labor and lndustries. The schedule of prevailing wage rates for the applicable locality or localities is determined by the lndustrial Statistician of the Department of Labor and lndustries. lt is Contractor's responsibility to verify the applicable prevailing wage rate. lt is understood that Contractor is responsible for obtaining and completing all required government forms relating to prevailing wage 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 in RCW 39.12.060. 20. Standard of Care: Contractor shall perform its duties hereunder in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession or industry as Contractor currently practicing or working under similar circumstances. Contractor shall, without additional compensation, correct any of its services not meeting such a standard. 21. Nondiscrimination 2I.I ln the performance of this Agreement, Contractor will not discriminate against any employee or applicant for employment on the grounds of age, race, creed, color, national origin, citizenship or immigration status, sex, sexual orientation, marital status, honorably discharged veteran or military status, or the presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a disability; provided that the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without discrimination because of their age, race, creed, color, national origin, citizenship or immigration status, sex, sexual orientation, marital status, honorably discharged veteran or military status, orthe presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a disability. Such requirements apply, without limitation, to the following: employment, promotion, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for Kittitas County Agreement for Services (rev.5/t4l25l Page 12 of 20 training, including apprenticeships. 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. 21.2 Contractor will not discriminate against any recipient of any services or benefits provided for under this Agreement on the grounds of age, race, creed, color, national origin, citizenship or immigration status, sex, sexual orientation, marital status, honorably discharged veteran or military status, or the presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a disability. 2I.3 lf any assignment and/or subcontracting has been authorized by the County, said assignment or subcontract shal I incl ude appropriate safeguards against discrim ination. 22. Waiver: The waiver of any default or breach of this Agreement, or the failure of a party to enforce any provision hereof or to exercise any right or privilege hereunder, shall not be deemed to waive any prior or subsequent default or breach, the enforcement of any provision hereol or the exercise of any right or privilege hereunder, unless otherwise stated in a writing, signed by the parties hereto. 23. Headings: 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. 24. Survival: The provisions of paragraphs 2,3,4,6,8,9,IO,13,L4,L5,16,L7,t9,20,22,24, and 28 of these GeneralTerms and Conditions shallsurvive the completion, expiration, termination or cancellation of this Agreement for any reason. 25. Complete AEreement: This Agreement constitutes the entire agreement between the parties and supersedes any and all other agreements, understandings, negotiations and discussions, oral or written, express or implied, regarding the work to be performed hereunder. The parties agree that no other representations, inducements, promises, agreements, or warranties relating to this Agreement, oral or otherwise, have been made between the parties. Except as provided elsewhere in this Agreement, no modification or waiver of this Agreement shall be valid or binding unless in writing and signed by the parties. 26. Severability: lf any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared to be severable. 27 . Time: Time is of the essence in the performance of this Agreement unless otherwise agreed between the parties in a signed writing. 28. Construction: This Agreement has been mutually reviewed and negotiated by the parties, and should not be construed against the drafter. 29. Agreement Not for Benefit of Third Parties: This Agreement is entered into solely for the benefit of the parties hereto and vests no rights in, nor is it enforceable by, anythird parties. Kittitas County Agreement for Services (rev.5/L4/25) Page 13 of 20 ,",," Ulf-9 ATTACHMENT'E' Request for Taxpayer ldentiflcatlon Number and Certlflcation Oo to ivnrrr.'irr,govlFofinyly'9 lot ldatruction! and tho lrtaat lnlomadon' Glve lorm to ihc rcqussle., Do not send to thc lFS. {Flw, Mtrch 2024) Doperlm6nl ot lho Troasury lntomal Rovonuo Soryicc ri oo(t Co 6tE R8 6E EE 4o rtrII E.n Bclor6 Enlor your TIN in the app.opdate box. The TlN provided must rnatch lha nam€ given on lina 1 to avoid backup withholding. For indlviduals, this io generally your social securily numbor (SSN), However, lor a rssidgnt alian, $ols proprieior, or disr6garded entity, see the in$lrlctions for Parl l, laler. For othor entiti€s, it ls your employer identilication number (ElN). lf yorl do not have a nunber, 3e€ How lo get a nN, later. Notc: It the accounl is in more than one name, sae the insttuctions tor line 1. See also What Name and Numbot To Qivo lha Regu€. ter for guldeiines on whoso numbor to enter. Shnoiin ot U.8. p.rsn Dat For r6lal6d to the of Fo/m !t€o ol Fom, balow. I Nam€ ol ontity/lndlviduol. nn sntry b required. (Fo. n sole prcpriolor or disregarded eniity, onler lh6 owntr's rsmo on llno 1, dnd gnter lhe business/disregarded a^futy's nm€ on lrns 2.) 2 guslnos ramoldisngildod ootity norno, it dittoronl {rom abow, 4 Ersmptiong {codos apdy only lo csdain enlill€. not individual$: s* inslnlctons m page 3i: Exomgt pay* cods (lt any) Exesplls from Focigl) AEount Tu Cosplianco Act {I'ATCA} r€potting codo {il sy} (Appliss to #cfuots mainlaioad ryts/do lbo Unlard Slals./ Re{luaster's nasa and ddclfess {apliohfll 7 I sl mcelnt numb€r($) h€rB {of}lionat ot Und6r penelties ol perjury, I cortity tiat: 1. The number shown on this form is my correct taxpayer rdentilicgtion number {or I am waiting tor a number to be issuod to me); and 2. I Bm not subject to backup wilhholding b€cause (s) I am sxampt from backup withholding, or (b) I have nol b6€n nolifiod by tho ,ntemal Rovenue Service (lRS) thal I am subjecl to backup withholding as a result of a tailura to roport ail interest or c,ividends, or {c) lhe IRS has notitied me lhat I am no longer subiect lo backup withholding: and 3. I am a U.S. citizen or oth6r U.S. person (dofined below): and 4. The FATCA code(s! 6nt6r6d on this form {if any) indicallng lhal I am exefipl trom FATCA roporting ;s conacl, C.rtlllcatlon inrtructione. You must cross out rtem 2 abovo il you havo been nolified by th6 IRS that you nr6 currBntly sublect to backup withholding beeauss you havs failed to r€porl all int€resl and divid€nds on your tax return. For real osiaie lransactions, ilsm 2 does not apply. For mortgags intelesi paid, acquisition or abandonment of securod property, canc€llation of d€bt, contributions io an individual rsiirement arangement {lflA}, and, generally, paynents olher than intor€sl and aro not lo lhe but must correct TlN. S€o lh6 inslructions for Part lator Slgn Here General lnstructions Section reterences are lo th€ lnlemal Flevsnue Code unl€ss otherwise noled, Fuluro dovclopm.nts. Fo. the latost information about developmenls r€lat€d lo Form W-9 and ils instruclions, such as legislation enactod atter they were published, go lo www.irs.gavlFormw9, What's New Une 3a has be€n modilisd 10 clarily how a disrogardgd entity completes thie line. An LLC lhat is a diEragarded eniity should chock lh6 appropriald box for th€ ldx classification of ils own€t. Othorwise, it should check lh6 "LLC" box and enl6.,ts appropnal€ tax classificalion. New llno 3b he3 boen add6d to thas form. A flow-through ontily i3 requirod lo complgto this lhle to indicato that il has direct or indirecl torpign partnerg, ownors, or beneticiaries when il provides the Fonn W'9 to another flow-through entity in which rt has an ownership interosl. This chengo is intondod to provide a llow-through entrty wilh information regarding th6 stalus of ite indkoct loreign padnors, ownors, or boneticiariss, so that it can satisty any applicabl€ rapo.ting requirements. For example, a patlnorship lhat has any indirect tor€ign parlnors may bo roquir€d to complste Schsdul€s K-2 and K-3. See lh€ Partne6hlp lnstructione for Schodulos K-2 and K-3 (Form 1065). Purpose of Form An indlvidual or ontity (Form W-9 requested who is requlrod to llle arl information r€lum wilh lhe IRS is giving you lhis lonn b€causo lhey 3! Check ihe appopriato Oox aor federal t€x classitlcaltot ol th€ s{rMndreiduAl ?hom .}a!ne is *terod on lns l. Ch€ck only ono of lbo followtrro s6vsn boxs, n tndividuaysoleproorieior f] Ccaporatiorr [ $corporation I gartnoruhip I Trusvcstato I LLC. Entsr tholax classincation{C = C co.pomlion,s = Smrponllon, P = Partndship} Nolr; Chtrk lhe "lLC" box alrove and, in lhe sntry ipaca, €nts lha apprepriale cqj€ (C. S, or P) lor tho tax cla$siflcstlon at ths LLC, unlaeg il ls E dissgarded stily. A disogardod onlity should irotsad eh*k tho approprialo box for th€ tax clascilicaticn ol rtc owner. n Oth*(ss hlstructions) 3b It on lino 3a you ch6ck6d "Partn6Bhip" or *lruVsslsle," or ctrek€d "LLC" snd sntsed "P" s rls !s classification. and yo! ila providing ttlis lom to a p6rin6€hrp, ln,st, s o8lats rn which you havs ar ownors:lip rnl€.6s1, citrk llis bor if yov hav6 rny lorelgn psrlners, owil€6, oi barcficiafis. Seo [)stGrclions 5 Addre* (nrmlrat, str*i, and apl. or su;te no ). S€5 inslrucilont, 0 City. stat6. and ZIP €ode Part I Part ll Cat. No. 10231X Kittitas County Agreement for Services (rev.5/74/251 Page 14 of 20 Form W-9 tRav. :-zoza) Fom W-9 (f,ev.3-2024)Pwe2 must obtain your corect Lxpayer idantification numbor OIN!, which may b€ your socia! security number (SSN), individtnl taxPayer idenlificaiion number (lTlN), adoption taxpay€r identification number (ATIN), or employer identification number (ElN), to report on an information r€tum lhe amount paid to you, or other amount reportable on an information retum, Examples of informalion retums include, but sre not limited to, &e fdlo$ring. . Form 1099-lNT (interesl eamed or paid). o Form 1099-DlV (dividends, including those from slocks or mutual funds). . Form 1099-MISC {various types of income. prizes, awards, o, gross proceeds|. . Form 1099-NEC {nonemployee comp€nsation}. r Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers). . Form lo99-S (proceeds from real estate lransaclions). r Form 1099-K (merchant card and third-party network transaclions). r Farm 1098 (horne mortgage interesl), 1098-E {student loan interest}. and 1098-T fiuition]. r Form 1099-C {canceled debl}. . Form lo99-A {acquisition or abandonment of secured property). Use Form W-9 only if you are a U.S. person (ncluding a resident alien), to provide your conect TlN. Caution: lf you don't retum Form W-9 to the requester wilh a TlN, you mighl b€ subiecl to backup withholding. See What is backup withholding,laler. By signing the filled-out form. you: 1. Certify that the TIN you are giving is conect (or you are waiting for a number to be issued): 2. Certit lhat you are not su$ecl to backup wilhholding; or 3. Claim exemplion frorn backup withholding il you are a U.S. exempt payee; and 4. Certi! ro your non-foreign slatus for purposes of withholding under chapler 3 or 4 of lhe Code (if applicable|; and 5. Cenify that FATCA code(s) entered on this form (f any) indicating that you are €xempt fiom the FATCA reporting b conect. See What Js FATCA Bepofting, later, for furlher information. Note: lf you are a U-S. person and a requester gives you a form other than Form W-9 to request your TlN. you must use lhe requester's lorm if il is substantially similar to this Form W-9. Definition of a U.S. pe6on. For federal tax purposes, you are ccnsidered a U.S. person if you are: . An individual who is a U,S. citizen or U.S. resident alien; . A partnership, corporation, company, or association crealed or organized in the Uniled States or under the laws ol the United States; r An eolate (olher than a foreign estate); or . A domestic trust (as d€fined in Hegulations seclion 301 .7701-7). Establishing U.S. status for purposes of chapter 3 and chapter 4 wilhholding. Payments made to foreign persons, including certain dietributions, allocations of income, or lrangfers of sales proceeds, may bs subject to withholding under chapter 3 or chapter 4 of the Code (sectiona 1441-14741. Under those rules, if a Form W-9 or other certification of non-foreign status has noi been received, a wilhholding agent, transferee. or partnership ipayor) generally applies presumption rules lhat may require the payor to withhold applicable tax from the recipient, owner, transleror, or partner {payee}. See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities. The following p€tsons musl provide Form W-9 to the payor tor purposes of eetablishing its non-foreign status. . ln the case ol a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the disregarded entity. . ln the case of a grantor trust with a U.S. grantor or other U.S. owner, generally. lhe U.S. grantor or other U.S. owner ol the grantor trust and not the grantor trust. . ln the case of a U.S. trusl (other than a grantor trust), the U.S. trust and not the benefrciaries ol the fust. See Pub. 515 for moro infotmation on providing a Form W-9 or a certification of non-foreign slatus to avcid wilhholding. Kittitas County Agreement for Services lrev.5h4/25) Page 15 of 20 Foreigrr persotr. lf you are a foreign person or the U.S. branch of a foreigi bink that his elecled to G treated as a U.S. person (under Regulatione section 1 . 1 44 1 -1 (bx2[iv) or other applicable saction lor chapt€t 3 or 4 purpoaes), do not use Form W-9. lnsiead, use the appropriate Form W-8 or Form 8233 (se€ Pub. 515). ll you are a qualified foreign pension fund under Regulations section 1 .897(l)-1{d), or d partnership tha't is wholly owned by qualilied foreign pension funds, that is treated as a non-foreign person for purpos€s of seclion 1 445 withholding, do not use Form W-9. lnstead, use Form W-8EXP {or other certification of non-foreign status). Nonresidenl alien who becomes a resident alien. Generally, only a nonresident alien individual may usa the terms of a tax lreaty to reduce or eliminate U.S. tax on certain types of income- However, moet tax treaties conlain a provision known as a saving clause. Exceptions specified in the saving clause may permit an exemption from tax to cbntinue for certain types of income even after the payee has otherwise bacome a U.S. resident alien for tax purposes. ll you are a U.S. resident alien who is relying on an €xception conlained in lhe saving clause of a tax lreaty io claim anexemplicn from U.S. tax on certaln types of income, you muet atlach a statement to Form W-9 that specifies the following live items. 1. The treaty country. Generally, this must be the same tr€aty under which you claimed axemption from tax as a nonresidsnt alien. 2. The treaty article addressing the income. 3. The article number {or location} in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of :ncorne that qualifies for the exemption from tax. 5. Su{ficient facts lo iuslily the €xemption lrom tax under lhe terms of ths treaty article. Example. Article 2O of the U.S.-China income tax ueaty allows an exemptibn from tax for scholarslrip inc.ome received by a Chinese student lemporarily pres€nt in the United States. Under U.S. law, this student will become a resident alien for tax purposes if iheir stay in the Uniled States exceeds 5 calendar years. However. paragraph ? ol tfie lirst Protocol to the U.S.-China treaty (dated APril 30. 1984) allows the provisrons of Article 20 to conlinue to apply even after the Chinese sludent becomss a resident alien of the United States. A Chinese student who qualifies lor this exception (under paragraph 2 of the tirst Protocol) and is relyrnq on this exception to claim an exemption from lax on their icholarship oifellowship income would attach to Form W-9 a statemenl thal includes the inlormation described above to support that €xemplion, lf you are a nonresident alien or a foreign entity, give the requester the appropriate completed Fo,m W-8 or Form 823:1. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to lhe IRS 24% of such payments. This is called "backup withholding." Payrnents that may be sublect lo backup withholding include. but are not limilad to, interest' lax-exempl interest, dividends, broker and barter exchange lransactidns, rents. royaltiec, nonemployee pay, payments made in seltlem€nt of payment card and lhird-party n€twork transaclions, and certain payments from fishing boat operator& Real €state lransactions are not subject to backup withholding. You will not be subiect to backup withholding on paymenls you receive iI you give the requester your conect TlN, nnke the proper cerlifications, and report all your laxable interesi and dividends on your tax return. Payments you receive will bo subiect to backup withholding it: 1" You do not fumish your TIN to the requsster; 2.You do nol certify your TIN when required {see the instnrtions for Pad ll for details); 3. The IRS tells the requester that you fumished an inconact TIN; 4. the IRS tells you frat you are subiect to backup withholding because you did not reporl all your interesl and dividends on your tax relum (for reportable intere€t and dividends only); or 5. You do not certify to the requsster that you ar€ not subiect to backup withholding, ris described in item 4 under "By sgnlng the filled' out farm" above (lor repottaHe interest and divid€nd accounts opened after 1983 only). Form $l-9 (Rev. 3-20241 Pase 3 Certain payees and payments are €x€mpt from backup withholding. See Exempt pyee cods, later, and the separate lnslructions tor lhe Requester of Form W-9 for more information. See also Establishing U.S. slatus /orpurposes of chaPtar 3 and chapter 4 withhdding, earliar. What ls FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participaiing foreign financial institution lo rsport all U.S. accounl holders lhat are specified U.S. p6tsons. C€rtain paye€s are exsmpt from FATCA reporting. See Exemption from FATCA repading cade,later, and the lnstructions for the Requester of Form W-9 for more inlormalion. Updating Your lnformation You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt pays€ and anlicipate receiving reportable payments in the future from lhis person. For example, you may need to provide updated information il you are a C corporation that elecls to be an S corporalion, or if you are no longer lax exempi. ln addition, you must fumish a new Form W-9 if the name or TIN changes for the acrount, for example, if lhe grantor of a grantor trust dies. Penalties Failure to fumish TlN. lf you fail to furnish your conect TIN to a r€quester. you are subiect to a penally of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect- Civil penalty lor false information with respect to withholding. lf you make a false slatement with no reasonable basis that resuhs in no backup withholding, you are subject to a $500 penalty. Criminal penahy for falsilying inlormation. Willfully talsifuing certilications or affirmations may subiect you to criminal penatties including fines and/or imprisonment. Misuse of TlNs. lf the requester discloses or uses TlNs in violatbn of federal law, lhe requester may be subject to civil and criminal penalties. Specific lnstructions Line I You must enter one of the following on this line; do not leave lhis line blank. The name should match the nam€ on your lax retum. lf this Form W-9 is for a ioint account (othsr than an account maintained by a foreign financial inslitution (FFl)), list fint, and then circle, the name ol the person or entity whose number you antered in Part I of Form W-9. lf you are providing Form W-9 to an FFI to docunrent a ioint account, each holder of the account that is a U.S. p€Gon must provide a Form Vt/-9. . lndividual. Generally, enter the name shown on your tax return. lf you have changed your last name withotd informing lhe Social Security Adminislration (SSA) of the name change. enter your first name, the last name as shown on your social security card, and your new last name. Note for lTll.l applicant: Enter your individual name as il was entered on your Form W-7 application, line 1a. This should also be ths 3ame as lhe name you entered on the Form 104o you filed wilh your application" . Sole proprielor, Enter your individual name as shown on your Form 1040 on line '1. Enter your business, trade, or "doing businees as" (DBA) name on line 2. . Pannership, C corporation, S corporation, or LLG, oiher than a disregardod ontity. Enter the €ntity's name as shown on the entity's tax retum on line 'l and any business, trade, or DBA name on line 2. r Other entilies. Enter your name as shown on required U.S. federal tax documsnts on line 1. This name should match ths name shown on the charter or other l€gal documsnt croating the €ntity. Enter any business. trade, or DBA name on line 2. r Disregarded entity. ln general, a business entity that hae a singla owner, including an LLC, and is not a co.poralion, is disregarded as an entity separate from ils owner (a disregarded entity). See Regulations sectibn 301 .7701 -2(cX2). A disregarded enlity should check the appropriate box tor the tax classification ol ilg owner. Enter ths ownetrs neme on line t. The name of lhe owner entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax retum on which lhe income should be reported. For Kittitas County Agreement for Services (rev.5/14/251 Page 15 of 20 example, if a foreign LLG that is t€ated as a diwegarded entity for U.S. federil tax purposes has a aingle owner that is a U.S. person, the U.S. owner's nam€ is required to be provided on line 1. lf the direcl owner ol the enlity is also a disr€garded entity, entsr the tirst owne. that is not disregarded for lederal tax pu.poses. €nter lhe disregarded entity's nilne on line 2" lf the owner ol the disregarded enlity is a foreign person, the owner must complet€ an appropriate Form W-8 irBtead of a Form W-9. This is lhe cas€ €ven if the foreign persor has a U.S. TlN. Line 2 lf you have a businsss name. lrade name, DBA name, or disregarded entity name, ent€r it on lin6 2. Line 3a Check the appropriate box on line 3a for the U.S. lederal tax classification of the person whose name is enlered on line 1. Check only cne box on line 3a. Line 3b Check this box il you are a partnership {including an LLC classified as a partrrership for U.S- federal tax purposesl. trust. or estats lhat has any foreign partners, owners, or beneftciaries, and you are providing this {orm lo a partnersftip, lrust, or eslale, in which you have an ownership interest. You must check the box on line 3b il you recelve a Form W-8 {or documentary evidencef from any partner, owner, or benef}ciary establishing foreign status or it you receive a Form W-9 from any partsrer. owner, or beneficiary thal has check6d the box on line 3b' Note: A parlnership that provides a Form W-9 and checks box 3b may be required lo complelo Schedules K-2 and K-3 {Form 1065}. For more information, se€ the Partnership lnstruciions for Schedules K-2 and K-3 tForm 10651. lf you are required to complete line 3b but fail to d-o so, you may not. . receive the info'rmation necessary to file a correct information refum with the IRS or fumish a corecl paye€ statement to your partners or benefrciaries. See, for example, sections 6698, 8722, and6724lor penalties that may apply. Line 4 Exemptions tf you are exempt from backup withholding andlor FATCA reporling, eniter in the appropriate space on line 4 any code(s) that may apply to you, Er€npt payee code. . Generally, individuals {including sole proprietors) ar€ not €xemPt from backup withholding. . Excepl as provided below, corporations are exempl from backup withholding lor certain payments, including interest and dividends. . Corporalions are not exempt from backup withholding for payments made in setdement o{ payment card or third-party network transactions. r Corporalions are not ex€mpt from backup withholding with respecl to attomeys'fees or grcs proceeds paid to attomeys, and corporations that provide medical or health care services are not ex€mpl witb rospoct to payments reportable on Form 1099-M|SC. The lollowing codes identify pay€€s that are exempt trom backup wilhholding. Enter the appropriate code in the spaca on line 4. '| -An organization axempt from tax undet section 501(a), any lRA, or a custodial account under section 403(bX7) il the account satisfies the requir€ments of section ao1{l)(2}. lF the entity/individual on line I is a(n) ... THEN check the box lor . Co.poration Corporation, r lndividual or . Sole proprietotship lndividual/sole proprietor o LLC classiti€d as a parlnership for U.S. federal tax purposes or r LLC that has filed Form 8832 or 2553 ol€cting lo be taxed as a corporalion Limited liability company and enter the appropriate tax classificalion: P = Partnership, C-Ccorporation,or S - S corporation. . Partnership Parlnership. o Trusvestate Trusuestate" Form W-9 (Rev.3-2024)Pase 4 2-The Unired Slates or any of its agencies or instrumentalities. 3-A state, the Dislrict of Columbia, a U.S. commonwealth or territory, or any of thdr political subdivisions or insfumentalities. 4-A loreign govemmenl or any of its political subdivisions, agencies, or instrumentalities. 5-A corporation. 6-A dealer in securilies or commodities required lo regbter in the United Stales, the District ol Columbia, or a U.S. commonweallh or terilory. 7-A futures commission merchant registered wilh lhe Commodity Fuiures Trading Commission. 8-A real estale investment trust. 9-An entity registered ai all times during the tax year under the lnveslment Company Act of 1940. .10-A common trust fund operated by a bank under section 584(a). 1 1 -A linancial instiiulion as defined under section 581. 12-A middleman known in the inveslment community as a nominee or custodian. 13-A lrust exempt from tax under section 664 or described in section 4947. The following chart shows types of paytn€nls that may be exempt trom backup withholding. The chart applies to the exempt payees listed above, 1 through'13. lF the payment is {or THEN fhe psyment i3 exempt for ... . lnteresl and dividend paymenE All exempt paye€s excepl lot T. r Broker paye€s 1 through 4 and 6 through 't 1 and all C corporalions. S corporations must nol enter an exempt pay€€ code because they are exempt cnly {or sales of noncovered s€curities acquired lo 2012. . Bart€r exchange transactions Exempt payees I through 4. and dividends . Paymenls over $600 required to be reported and direct sales over $5,oool . Payments made in settlement of Exempt payees 1 through 4. payment cand or third-party notwDrk transactions t see Form 1099-M|SC, Miscellaneous lnformation, and its instructions. 2However, the following paym€nts made to a corporation and reporlable on Form 1099-MISC are not exempt lrom backup withholding: medical and health care payments, attornoys'fees, gross procaeds paid to an atlorney reportable under section 6045(0, and payments lor services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes idenlify payees that are exempt from reporting under FATCA. These codes apply to persons submining this form for accounts maintained outside of the Unhed States by certain loreign financial institutions. Therafore, il you are only submitting this form for an account you hold in the United States, you may leave thie {ield blank. Consult with the pffson requesting thia form il you are uncetiain il the financial instiMion is subieci to these requirements. A r€qu€€t€r may indicale lhat a cod€ is not required by providing you wilh a Form W-9 with "Not Applicable" (or any similar indicalion) entsr€d on the line lor a FATCA exemption code. A-An organization exempt from tax under s€ction 501(a) or any individual r€tirement plan as delined in section 77o1(al(37't. 8-Tho United States or any o{ its agencies or instrumentaliti€c. C-A slate, the Dstrict of Columbia, a U.S. commonwealth or tenilory, or any of their political subdivisions or instrurnentalities. D-A corporation the stock of which is regulady traded on one or more established securilies markets, as descdbed in Regulalbns s€ction 1.1472-1(cX1Xi). E-A corporation that is a memb€r of the same expanded atfiliated group as a corporation descriM in Regulations 8€ction 1.1472-1(cX1Xil. Kittitas County Agreement for Services lrev. 5/L4/251 Page 17 of 20 F-A dealer in securities, commodiiies, or derivative linancial inslruments (including notional principal contracts, fuiures, fonvards, and options) that is registered as such under the laws of the United Stales or any state. G-A real estate investment ttust. H-A regulated investmant collpany as defined in s€ction 851 or an entity registered at all times during the tax year under the lnvestrnent Company Act of 1940. l*A common trusl fund as defined in section 584{a). J-A bank as defined in section 581. K-A broker. L-A trust exempt from tax under section 664 or described in section aeaT(a)(1). M-A tax-exempt trust under a sec$on 403{b) plan or section 457{9} plan. Note: You may wish to consult with lhe financial inslilution requesting this form to delermine whelher the FATCA code andlar exempl payee code should be completed. Line 5 Enter your address (numbsr, strest, and apartment ol suit€ number). This ie wheie the requesisr of this Form W-9 will mail your information retums. l{ this address dilferg from the ore the requester already has on file, enter "NEW" at th€ top. ll a new address is provided. lhere is still a chance the old address will be used until tho payor changes your address in lheir records. Line 6 Enter your cily. state, and ZIP code. Part l. Taxpayer ldentification Number (TlN) Enter your TIN in the appropriate box. lf you are a resident alien and you do not have. and are not eligibie to g€t. an SSN, your TtN is your IRS fTN. Enler it in lhe entry space for the Social security number. lf you do not have an lTlN, see How to get a I/ , below. ll you are a sole proprietor and you have an ElN, you may entet either your SSN or ElN. lf you are a single-member LLC that is disregarded as an entity s€parate from its owner, enter the owner's SSN {or ElN, if the owner has onel. lf the LLC is classrfied as a corporalion or parhership, enter the entity's ElN. Noter See What Name and Number To Give ttre Requester, later, for further clarification of name and TIN combinations. How to get a TlN. lf you do not have a TlN, apply for one immediately. To apply for an SSN. get Form SS-5, Application for a Social Security Card, lrom your local SSA offrce or get this form online at www.SSA.gov. You may also gei this form by calling 8fi)-772-1213. Use Form W-7, Application for IRS lndividual Taxpayer ldentilication Number, to dpply for an lTlN, or Form SS-4, Application for Employer ldentificalion Number, to apply for an ElN. You can apply for an EIN online by accessing the IRS website at wwr,lr.irs.govlE/N. Go to www.irs.govlForms to view, download, or print Form W-7 and/or Form SS-4, Or; you can go lo www,its.govlOde#orms lo place an order and have Form W-7 and/or Form S94 mailed to you within 15 business days. ll you are asked to complete Form W-s but do not have a IN, apply for a TIN and enter'Ap$ied Fo/' in the space lor the TlN, sign and date ths form, and give it to the requester. For interest and dividend payrnents, and certain payments made wilh r€sp€ct to roadily tradable instruments, you will generally have 6O days to get a TIN and give it lo the requester before you are subiect to backup withholding-on paymenis. The 60-day rule doos not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Ente,ing "Applied Fof means that you have already applied for a TIN or that you intend to apply for one soon. See also Esfabishrlrg U'S. status for purpxes of chaiiei s and chaptet 4 withholding, earlier' for when you may instead be subiect to withholding under chapter 3 or 4 of the Code. Cautiolr: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Generally, exempt payees 1 through 5.? Form W-9 {Rev.3-2024}Page 5 Part ll. Certification To establish to the withholding agent that you are a U^S. person, or residenl alien, sign Form W-9. You may be requesl€d to sign by the wilhholding agent even if item 1, 4, or 5 below indicates othenatise. For a joint account, only the person whose TIN is shown in Part I should sign {when required}- ln the case of a disregarded entity, the person identified on line 1 musl sign. Exempt payees, see Exempt payee code, earliar. Signature requiremenls. Complete the certilication as indicated in itemslthroughSbelow" 1. lnterest, dividend, and barter exchange accounls opened bafore 1984 and broker accounts considored active during 1983. You musl give your correct TlN, but you do not hav€ lo sign the certification. 2. lnterest, dividend, broker, and barter exchange accounts opened after 198it and broker accounls considered inactive during.- 1983. You must sign the certiftcation or backup withholding will apply. ll you are subject to backup withholding and you are merely providing your conect TIN to the requester, you must cross out itern 2 in the cartification before signing the form. 3. Real estate transactions. You must sign the c€rlitication. You may crose out ilem 2 of the cerlilication. 4, Olher paynrents. You must give your conecl TlN, but you do nol have to sign the certification unless you have been notified that you have previously given an inconect TlN. "Other payments" include paymenls madeln the course of the requester's trade or business for rents, royalties, goods (olher than bills for merchandise), medical and heallh care services {including payrnents to corpcralions), payments to a nonemployee for services, payments made in settlement of paymenl card and third-party network lransactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attomeys {including payments lo corpo,ations}. 5. Mortgage interest paid by you, acquisilion or abandonnrenl ol secured property, cancellation of debt, qualilied tuition program paymentS (uhder section 5291, ASLE account$ {under section 529A}, IRA Coverdell ESA, Archer MSA or llSA contribulions or distvibutions, and pension dislributions. You must give ycur conect TlN, but you do not have to sign the cettitication. What Name and Number To Give the uester For this of account:Give name and SSN of: individual For this of accourt: 8- Oisregarded enlity not owned by m individual 9. A valid trust, 6slnle, or peFion lrust 10. Crporation or LLC electing corporaie stallj3 on Fm 8832 ar Fcrm 2533 11 . Associaiion, club, religiotis, chxilable. educational, or othet lil-ersnpl orgranization '12. Partnaship or multrmernber LLC 13. A brokor or regislered nminee 14- Accounl wilh the Depsrlmffl ot Agriolture ir lhe namc ol a public entily {such as a slate er local govemmenl, schoal dbtrict, or prisl thal :eceives agriculfual program paymentg 15. Grantor lrust filing Fm 1o41 or under ihe Oplional Filing Melhod ?. requinng Fom 10€{l {see Regulatiom section 1.671-a(b[2Xil€l)" Give nanre and EIN of: The owrcr Lagal entity{ Tle corporation The ceganization The partrersitip The brokar or nominea The public entity The minors The grantor-lrustee: The aclual ownerl The owneF The grmtor' Kittitas County Agreement for Services (rev.5/L4/25) Page 18 of 20 The ttust 'List first and circle the name of the person whose number you fumish. lf only one p€rson on a ioint account has an SSN, thal p€rson's number must be fumished. :Circle the minor's name and fumish the minor'g SSN. rYou must show vour individual name on line 1. and enter vour business or DBA name. rf ahy, on line 2. You may use eilher your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. ! List lirst and circle the name of lhe trusl. eslale, o. pension trust. (Do not lumish the TIN of the personal representalive or trustee unless the legal entity itself is not designated in the account litle.) 'Note: The grantor must also provkle a Form W-9 to th€ trustee of lhe trust. '. For more information on optional filing methods for grantor ttusts, s€€ the lnstructions for Form 1041. Note: ll no name is circled when more than one name is listed, the number will be considered tc be that of lhe Jirst name listed. Secure Your Tax Records From ldentity Theft ldentitv theft occurs when som€one uses vour p€rsonal information, such a's your name, SSN. or olher rdentrfyi'ng iniormation, without your permission to commit fraud or otfter crimes. An identity thiel may use your SSN to get a job or may lile a tar( return using your $SN to receivs a refund. To reduce your risk: . Protect your SSN, r Ensure your amployer is prolecting your S$N, and . Bo careful when choosing a tax relum preparer. lf your tax records are affected by identity theft and you receive a notic€ from the lRS, respond righl away to !h€ name and phone number printed on the IRS notice or letter. It your tax records are rnt currenily affected by identity theft bul you thinli you are at risk due to a lost or stolen purs€ or wallet, questionable creditcard activity, or a qu$tionaHe credit report. contact the IRS HenfifyTheft Holline at 800-90&4490orsubtnit Form 14039. For more information, see Pub. 5027, ldentity Theft lnformation for Taxpayers. 1- lndividual 2. Two or rcre rndividuab {.ioint rccwnt} other than an mcoun! mairlained by an FFI 3. Two or more U.S. percns 6oint amml maintained by an FFI) 4. Custodial sccount ol a mirr (Jnilom Gift to Mkrors Acl) 5. a. Tha usual revocable mvings tust (granltr is ds Iru3tee) b. So-.alled aud accilnt thal is not a legal c valid trwt unds stale las 6. Sol€ proprielomhip s disregarded entity owned by an irdividual 7. Granlor trust filing under Optional Filing Method 1 (se Fegulaliong ffi tion 1.671 -4{bX?XiXA))" The aclual owner of the accmnt or. il combined funds. the isl individual on the accountl Each holder of the rccount Form W-9 {Fev. 3-2024}Paqe 6 Viclims of identity lheft who ars exp€ri€ncing economic harm or a systemic problem, br are seeking help in resolving tax problems that have not been resofued lhrough normal channels, may ba eligible for Taxpayer Advocate Service [[AS] assisiance. You can reach TAS by calling the TAS toll-free case intake line at 877-777-4778 or TTYiTDD 890-829-4059. Protect youre€ll from ouspicious email$ or phishing schenies' Phishing b th€ creation and use of email and websites design€d lo mimic legitimate business emails and webgiles. The most common act is sending an email to a user falsely claiming to be an established legitimate enlerprise in an attempt to scam the user inlo sunendering private information frai will be used for identity theft. The IRS does not initiate contacts wilh taxpayers via emails. Also. the IRS does not requssl personal detailed information through email or ask taxpayers lor the PIN numbers, passwords, or similar s€crst access inlormation lor their credil card, bank, or other financial accounts. lf you receive an unsolicited email claiming to be from the lBS, forward this messago tophishing@irs.gov. You may also report misuse of th€ IRS name, logo. or olher IRS propedy lo the Treasury lnspector General for Tax Admtnistration IIGTA] at 800-366-4{84. You can fonaard suspicious emails to the Federal Trade Commission at spamQuce.pv or report lhem alwww.ftc.govlcomplainL You can contact the FfC atwww.ftc.govlidthsft ar 87 7-IDTHEFT (877-4{18-4i138). lf you have been the victim oi identity lheft. see www.ldantityThaft.gov and Pub. 5027. Go to www.lrs.govlldentityTheft lo leam more about idenlity thefl and how to reduce your risk. Kittitas County Agreement for Services (rev. 5h4/25l' Page 19 of 20 Privacy Act Notice Section 6109 of the lnternal Ravenue Code requiras you to provide your conect TIN to persons {including lederal agencies} who are required to lile inlormalion returns with lhe IRS to report intereat, dividends, or certain other income paid to you: morlgage inl€rest you pad; the acquisition or abandonment of sscured propedy; the cancellalion of debt; or conlributions you mado to an lRA, Archer MSA, or HSA. The oerson coll€ctino this form uses the inlormation on the form to file information retuirs with the lRS, reporting the above informalion. Rostine us€s of this irdormalion include giving it to lhe Department ol Justice for civi! and criminal litigation and lo cities, states, tha District of Columbia, and U.S. commonwsallhe and tenitories for use in administering their laws. The inlormation may also be disclosed to oth€t cowrtries unier a treaty, to lederal and statsagencies to enforce civil and criminal laws, or to federal law enforcement and intellig€nce agencies to combat tenorism. You must provide your TIN whether or not vou ars required to file a tax relum. Under seclion 3406, payoB must lererally wrthnold a percentage of taxable interest, dividends, and iertain other payments to a paye who does not give a TIN to the payor. Certain penalties may also apply for providing false or lraudulent information. ATTACHMENT "F" RETIREMENT STATUS FORM x* All Contractors who are individuals must complete and sign ** SECTION 1: CONTRACTOR COMPLETES THIS SECTION: Did you retire from one of the State of Washington Retirement Systems? Did you retire before age 65 using the 2008 early retirement factors (ERF)? Will you be receiving direct compensation for these services? Will you be receiving indirect compensation for these services? _ Teachers' Retirement System (TRS) - Plan 1 - Plan 2 - School Employees' Retirement System (SERS) - Plan 2 - Public Employees' Retirement Systems (PERS) - Plan L - Plan2 - Public Safety Employees' Retirement System (PSERS) - Plan 2 - Law Enforcement Officers' & Fire Fighters' Retirement System (LEOFF) - Washington State Patrol Retirement System (WSPRS) - Plan 1 _ Judicial Retirement System (JRS) 2. ls Contractor a retiree of a Washington State Retirement System? 3. Did Contractor retire before age 55 using the 2008 ERF? I have verified the information above using MRV or by contacting DRS. COUNTY REPRESENTATIVE (Please Print): Signature Date: COUNW RETAINS THIS FORM Kittitas County Agreement for Services (rev.5/!4/25l, Page 20 of 20 Yes Yes Yes Yes N N N N o o CONTRACTOR (Full name of contractor as in DRS filings-Please Print):- Signature Last Four Digits of Social Security No Date SECTION 1: COUNW COMPTETES THIS SECTION: IUse Member Reporting Verification (MRV] to verify the past retirement membership and document belowl 1. Has Contractor been a member of a Washington State Retirement System? - Yes - No lf yes, which system and plan? Plan 3 Plan 3 Plan 3 _ Plan 1 Plan 2 _ Plan2 _ Yes Yes No No KITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA STAFF REPORT AGENDA DATE May 5,2026 ACTION REQUESTED: Request to approve a Professional Services Agreement between Kittitas County and Comprehensive Healthcare. BACKGROUND:The proposed Professional Services Agreement is between Kittitas County and Comprehensive Healthcare is to provide mental health and substance use treatment for Kittitas County District Courts Behavioral Health Court (BHC) participants, improve access to needed mental health services, address financial needs associated with service hours that Comprehensive is unable to bill under traditional treatment models, and support participants' ability to obtain necessary care from qualified mental health providers. INTERACTION:This is a new Agreement for Services for the Kittitas County District Court Behavioral Health Court. Comprehensive has been providing unfunded services to the county since February 2022. Therese Murphy, Deputy Prosecutor, has reviewed and approved the proposed agreement (11925). RECOMMENDATION Approve the Professional Services Agreement between Kittitas County and Comprehensive Healthcare, in the amount of $25,000 per year for 2026 and $25,000 per year for 2027. The proposed Agreement is from January 1, 2026, through December 31,2027. HANDLING I - Clerk of the Board 2 originals to Comprehensive Healthcare for signature. Comprehensive to return I fully executed original to Clerk of the Board. 1 copy upon receipt - Prosecutor's Office ATTACHMENTS:Professional Services Agreement between Kittitas County and Comprehensive Healthcare. LEAD STAFF:Julie Kjorsvik, Clerk of the Board