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HomeMy WebLinkAboutKittitas County & Ellensburg School DistKITTITAS COUNTY AGREEMENT FOR SERVICES PHMH25.O11 This Agreement for Services (hereinafter "Agreement") is entered into by and between Kiftitas County (hereinafter "County"), a political subdivision of the State of Washington, and Ellensburg School District (hereinafter "Contracto/')' ThepurposeofthisAgreementisasfollows: t/I}lhfundingtoEllensburgSchooldistricttoprovidemental health services and prevention programming to the students in Ellensburg school District' The term of this Agreement shall be from July 1't, 2026, through June 3}th,2027, 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 205 West 5th Ave, Suite 108 Ellensburg, WA 98926 Kasey Knutson Human Services Manager Kittitas County Public Health Department Kasev. kn utson @co. kittitas.wa. us 509.962.7090 1300 East Third Avenue Ellensburg, WA 98926 Troy Tornow Superintendent Ellensburg School district troy.tornow@esd401'org 509.925.801.0 This Agreement includes the following, which are attached hereto and hereby incorporated by this reference Attachment "A": Attachment "8": Attachment "C": Attachment "D": Attachment "E": Attachment "F": Scope of Work Compensation lnsurance Requirements Reporting General Terms and Conditions W-9 (Contractor must complete and return to the County for payment) Kittitas County Agreement for Services (rev.5/M/25l. Page t of 2L KIfiITAS COUNTY BOARD OF COUNTY MISSI Commissioner oalaa la6 Vi Date Attest: t r V CONTRACTOR *a Sign6ture / ( {^n-,lrk',/u-f Date Printed ame Title I Cou lN 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.5h4/25) Page? of 2L ATTACHMENT,,A,, SCOPE OF WORK ln addition to providing all material and labor, the Contractor shall perform the following activities: Employ a social worker to work with students at Ellensburg School District's alternative learning programs: Ellensburg Choice Schools and Ellensburg Open Doors. Employ behavior specialists at Morgan Middle School and Ellensburg High School to provide data- informed intervention, crisis prevention, progress monitoring, and coordination with counseling and community partners. Kittitas County Agreement for Services (rev.5/74/25) Page 3 of 21 a a ATTACHMENT'8" COMPENSATION THE COUNTY WILL NOT PROCESS PAYMENT FOR SERVICES RENDERED UNDER THIS AGREEMENT UNTIL CoNTRACTOR SUBMITS A COMPLETED W-9 (SEE ATTACHMENT "E"), As full compensation for satisfactory performance of the work described in Attachment "A", and within thirty (30) days of receiving Contractor's itemized invoice, the County shall pay Contractor the following amount(s) plus any applicable taxes as detailed in Contractor's invoice: $312,000. Allowable direct expenses include, but are not limited to, salaries, wages, benefits, direct client services, promotion, outreach activities, necessary supplies, professional developnrent and training, travel, equiptrretrt, atrd subcontracts. Purchases of clothing, incentives, video games and related items are not allowed. Food and gift card purchases require prior approval by Kittitas County. All expenses must be necessary and directly related to the scope of work as outlined in Exhibit A. Contractor will refer to their approved budget document submitted through the funding request process for line-item expenses. Any changes or updates to the budget must be approved by Kittitas County through the appointed contract manager in advance of the expenditure, in writing. Any uses of these funds outside of the listed allowable uses must be approved by Kittitas County in advance of the expenditure, in writing. All funding is based on local tax and fee revenue. lf local economic conditions result in insufficient funds to compensate at the stated levels, the County reserves the right to renegotiate funding amounts to remain within available revenue balances. The County will notify the Contractor immediately if financial forecasting or actuals indicate such a circumstance. All funds must be spent by June 30, 2027. No extension of the funding period will be granted Reimbursement Procedures A. The Contractor shall submit invoices for services due once a month, which shall be emailed to Katie Odiaga, Kittitas County Public Health Department, at katie.odiaga@co.kittitas.wa.us. B. At[ invoices m ust be su bmitted by the tast d ay of the month f ottowing the calendar month in wh ich services were detivered. C. The Contactor must provide adequate backup documentation to support costs in each invoice. This includes a general ledger from the financial accounting system detailing transactions and expenditure dates for allowable activities within the period of performance. Payroll expenses must show employee names, hourly rate, number of hours, total pay, and project code. Benefits can be one line item but should include project code. Non-payrollexpenses must include a copy of the receipt or payment invoice. Payments to subcontractors must be listed as a specific line item per subcontractor. D. All invoices must include invoice date and an invoice number. E. All invoices must also be accompanied by an updated Contractor Spending Form, as provided by Kittitas County, to ensure that billing record keeping matches County records. F. Failure to submit required monthly deliverable reports as outlined in Exhibit A: Scope of Work may result in delayed reimbursement payments or denial of invoices. G. Kittitas County is not liable for services provided unless the invoice is received on time or prior arrangements are agreed to in writing signed by the County. ln no event shall payments under this agreement total more than 5312,000. Kittitas County Agreement for Services (rev.5/74/25) Page 4 of 21 Contractor will refer to their approved documents submitted through the funding request process for the L/10th of 1% Mental Health and Chemical Dependency Tax Grant. Any changes or updates made to the activities or budget listed in those documents must be approved by Kittitas County through the appointed contract manager in advance, in writing. Kittitas County Agreement for Services (rev.5/M/251 Page 5 of 21 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 arrd 284-1-5 WAC. At a minimum, Contractor shall maintain and provide proof of the following selected options Commercial General Liabilitv lnsurance . Coverage limits not less than: o $L,000,000 per occurrence, for all covered losses o $2,000,000 general aggregate o $L,000,000 products & completed operations aggregate o $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 . 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. . Coverage limits not less than: o $1-,000,000 combined single limit ! Excess or Umbrella Liability 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. Workers' Compensation & Emplover'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 Sl-,000,000 per accident or disease. Kittitas County Agreement for Services (rev.511,4/25) Page 6 of 21 rofessional Liabil Errors and Omissions Liabil . Coverage limits not less than: o $L,000,000 each claim. Contractor must provide evidence of this coverage on a policy form appropriate to Contractor's profession. 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.5h4/25l' PageT of2L ATTACHMENT ''D'' REPORTING Contractor shall provide quarterly progress reports using the template provided. Please submit progress reports to the clerk at hea lthandhumanservices@co.kittitas.wa.us. r Quarter L (January-March) report due on the last day of April. r Quarter 2 (April-June) report due on the last day of July. o Quarter 3 (July-September) report due on the last day of October. o Quarter 4 (October-December) report due on the last day of January. The report shall include, at a minimum: r A narrative of project activities during the reporting period, including progress on the activities outlined in your Scope of Work (Attachmenl"A"). o A narrative of project successes during the reporting period. o A narrative of project challenges during the reporting period, o A narrative of progress made toward the project objectives. The County retains the right to request clarification or additional information of the applicant as needed to assess project progress and/or appropriate use offunds. Failure to submit the required reports may result in delayed reimbursement payments, denial of invoices, or contract termination. Contracts, reporting, and invoicing documentation is subject to public disclosure. Please refrain from using individual names in these documents. These documents may be posted to the Kittitas County Public Department's Website at any time to provide transparency in the use of tax funding. Kittitas County Agreement for Services (rev.5/t4125', Page 8 of 21 ATTACHMENT "E" GENERAL TERMS D CONDITIONS L. 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 "B". 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 specrfically 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. lndependent 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. Assignment and Subcontracting: 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. The Contractor may only subcontract work contemplated under this agreement if it obtains the prior written approval of the County. lf the County approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the County in writing may require the Contractor to amend its subcontracting procedures as they relate to this agreement, prohibit the Contractor from subcontracting with a particular person or entity, or require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this agreement. The Contractor is responsible to the County if the Subcontractor fails to Kittitas County Agreement for Services (rev.5/1'4/25) Page 9 of 21 comply with any applicable term or condition of this agreement. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this agreement. ln no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to the County for any breach in the performance of the Subcontractor's duties. Every subcontract shall include a term that County is not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 6. Rieht 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 underthis Agreement. Contractor shall preserve and maintain all records relatirrg to this Agreernerrl. fur six (6) years aller terrrrirration 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 7.1.. 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 8.1 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 Kittitas County Agreement for Services (rev. 5/14/251 Page 10 of 21 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. lndemnification 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 arrd agairrsL arry arrtJ all ulainrs, darrrages, losses and expenses, includirrg but not linrited 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. l-1. 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 Kittitas County Agreement for Services (rev. 5h4/251 Page 11 of 21 12.1 Contractor is duly incorporated, validly existing and in good standing underthe 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. I2.2 Contractor has the authority to execute this Agreement, to make the representations and warranties set forth herein, and to perform its obligations hereunder. 12.3 This Agreement has been validly executed by an authorized representative of Contractor and constitutes a valid and legally binding and enforceable obligation of Contractor. 12.4 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 irrdustrial or prcrlessiurral certi[icaLiurr ur liuerrsirrg [.rudies, irs iJle neuessily lur l"lte lawlul per[urntattue ul iLs obligations under this Agreement, and will maintain such throughout the term of this Agreement. 12.5 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. 12.6 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. I2.7 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 ltems Produced: All writings, 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, andf or patent, and the ability to transfer any or all ownership rights. L4. 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 Countv 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. 1.6. 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 Kittitas County Agreement for Services (rev. 5h4/25) Page LZ of 2t 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. t7. Confidentialitv: Corrl.ractor, its ernployees, agents and volunteers, and any of Contractor's subcontractors and their employees, agents and volunteers, shall maintain the confidentiality of all information 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: Writtennoticesrequiredorpermittedtobeprovidedbyonepartytotheotherpartyunder 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 L of this Agreement. l-9. PrevailingWage: Where laborto 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 Kittitas County Agreement for Services (rev.5/t4/25) Page 13 of 21 21.1 ln the performance of this Agreement, Contractorwill 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, 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. Such requirements apply, without limitation, to the following: employment, promotion, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or othcr forms of compensation, and programs for 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. 21..3 lf any assignment and/or subcontracting has been authorized by the County, said assignment or subcontract shall include appropriate safeguards against discrimination, 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 hereof, 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, 15, 1-6, t7 ,19,20,22,24, and 2B of these General Terms and Conditions shall survive the completion, expiration, termination or cancellation of this Agreement for any reason. 25. Complete Agreement: 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. Kittitas County Agreement for Services (rev. 5/14/251 Page 14 of 21 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. Aereement 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/M/25ll Page 15 of 21 ,",.llU'9 ATTACHMENT,,F,, Request for Taxpayer ldontiflcation Number and Certification go lo www.bs.govlFormwg lot lnlttuctlons end the latGst lnfotmston. (Rsv. Merch 20241 Dopartmont of the Tr6a9ury lntomal Rovonuo Sorulco General lnstructions Section references are to lh6 lnlemal Revenue Code unl6ss othorwise noted, Futuro devalopmonts. For lho lal69t lntormalion about dovolopmsnls relat€d to Form W-9 and lts instruclions, such as leglslallon onact6d atter they were published, go la www. lrs.gov / Fo rmw, What's New Line 3a has bo€n modilled to clarity how a disregarded entlty complotes this lin€. An LLC lhat ls a disregarded €ntity should check lhs appropriate box for the tax classlllcation of ils ownor. OlhollA,lse, lt should check th€ "LLC" box and enter its appropriat€ lax classlticatlon, Give form to ifte rsquostor. Do not eend to tho lRS, ct()o|!aI de s'€ bE tl |r'cs ^€'d ,l- o E Bclore Enter your TIN ln tho appropriatE box. The TIN provlded must match lho name givon on lhlo 1 to avold backup withholding. For indlviduala, thie le generally your soclal socurity number (SSN), However, for a rosldont allon, solo propriotor. or dlsrogardod enlity, s6s tho lnslructlons for Psrl I, lal6r. For olhsr onlitios, it ls your €mployor idontlllcatlon numbor (ElN). It you do not hava a numb€r, soo How lo gel a nN, later. Not : lf lho account is ln mor6 than ono namo, soo lho lnstructiong for llne 1. See also What Ndms dnd Number To Olvo the Roquastil lor guldolinos on whoso numbsr lo 6nlor, Slgnrturc of U.S. pe6on Date For rolatod to lho goo of For?r, bolow, I Nams ol ontny/lndivlduel. An entry ls rsquitod. {For a aolg prop/ietor or di8rogffdsd ontity, ontor tho ownor's nam on llm 1. 8nd cnter tho businssry'dl$rogtrd6d 6nlity'5 nam€ on lina 2.) 2 Buslnoas namo/dBr60ardod ontiiy namo, il diltotonttrom abovo. 4 Exomptions (codo3 apply only lo conain enfltleg, not lndivldualsi se6 lmtrucllons on pag6 3): Cxompl pllym €odo (ll iny) Ex€mptlon trm Forstgn Account Tax Complianc6 Act (f'ATCA) roponing code (if uy) fApdiss ,o tccg./nls mainlainad orrtsido at6 Unilcd Slales.J Requ€ster'8 nam6 and address {opllonaD 7 List mcounl numbor(s) hsro {optiona0 ot Under ponallles ot periury, I cortity thal: 1. The number shown on this form ls my conoct taxpayor idontlficatlon numbor (or I am waitlng lor a numbor to bo lssuod to mo); and 2. I am not subloct to backup wllhholdlng bocouso (a) I am 6x€mpt from backup wlthholding, or (b) I hav€ not bosn nollllod by the lntornal Rovonus Sorvtce (lRS) that I am subtacl to backup wlthholdlng as a result of a talluro to report all intorest or dlvldends. or (c) tho IRS has nolitiad mo lhat I am no longor subl€ct to backup wllhholdlng; and 3. I am a U.S. clliz€n or oth€r U.S. person (defined below)t and 4. The FATCA codo{s) onl€rod on thls lorm (if any) indlcating lhal I am oxompl from FATCA roporllng is correct. Conmcdbn lnrlructlon!. You must cross out llom 2 abov6 lf you havo boen nollflod by the IRS lhat you aro currenlly subJect lo backup wllhholding because you havo failod to report all intorost and dividends on your tax r6tun. For roal 6tato lransactions, item 2 do€s not apply. For morlgage inlerost paid, acquisition or abandonment ot secur€d property, cancollatlon of dsbt, contributiong to an individual t€tir€ment ananggment (lRA), and, generally, payments other than lntorost and aro nol lo lho c€rtiflcslion, but miist coreci TlN. Se6 lhe instrucllons for Parl ll, later Sign Here New llne 3b has been added to lhis fom. A flow-lhrough onlity ls rgqulred to complot€ thls lino to indicat€ thal il has dircct or indirect foreign partners, owners, or beneticisrles when lt provides lhe Form W-9 to anothor tlow-through €ntlty in which it has an ownorshlp intorost. This change ls intonded to provldo a flow-through entily wilh informallon r€garding lh€ status ol its lndh€ct foroign partnors, ownors, or beneficiaries, so that it can satisfy eny applicabl€ roporllng requir€ments. For example, a partnershlp that has any indiroct for€ign partners may bo roqulred to complete Schedules K-2 and K'3' Soo lhe Padnorshlp lnstruclions lor Schedul€$ K-2 nnd K-3 (Form 1065). Purpose of Form An lndlvldual or onllty (Form W-9 r6quosto4 who is requkod to lllo an inlormallon r€tum with ths IRS ls glvlng you thls form becauso lhay fl lndlviduausotsprcprlotor I ccorporatlon I scorporatlon I Pdrtmnhlp fl Trust/ostdto fl LLC. !nt$ thd lrx classlllcullon (G = C wfsrEllun, s. S tprrrotallon, P = P8ilngr$hlp) Nolr: Chock tho "LLC" box abovo and, ln tho onlry space enl6r lho &pproprialo cod6 (C, S, or f1 lor th€ lax classltlcallon ot lho LLC, unloss ll ls a disdgardod enllly. A dlsrognrdod antlty shorJd lnslead chock lha approprlalo box loalho tax clolsltlcation of iis own6r. n Oth6r(s6o lnskuctions) ot lhe ontitylndividuAl whoge namo 19 snlsred on lim 1. Check3a Ch6ck thc npproprlala box tor t€derdl l6x only onc ol lho lollowlno svan boxas. 3b It on lino 3a you chockod "P6rtnership" or -Trusu*tal6," or chocked "LLC" and enterod "P' as ils tu classificstion, and you ar6 provldlng lhb lom lo I pa^n€€hip, trust, or oslat€ in whlch you have an ownoBhlp intmsl, chock lhls box lt you havo sny toralgn partnoN, ownets, o. bon6flclarl63. Ses instrucllong 6 Addrass (nurnber, strs6t, 6nd ept. or sulle no.). See lnstructlons. 6 Cily, slate, and ZIP codo Part I Part ll C6t. No. l023lX Kittitas County Agreement for Services (rev. 5/L4/25) Page 16 of 21 rorm W-9 (nov. s.eoal) Form W'9 Eev.3-2024)Page2 must obtain your corsct taxpay€r identificatbn number fflN), which may ba your social secwity number {SSN), individml taxpayer identification number (mN), adoption taxpayer identification number (ATIN), or employer identification number (ElN), to report on an information retum the amount paid to you, or other amount reportable on an information relum. Examples of infomation r€tums include, but ara not limited to, lhe following. o Form 1099JNT {inter€st eamed or paidl. r Form 1099-DlV (dividends, including lhose from slocks or mulual funde). o Form 1099-MISC {various types of inenme, prizes, awardg, or gross proceeds). r Form 1O99-NEC {nonemployee co{np€nsation). . Form 1099-9 {stock or mutual fund sales and c€rtain other lransaclions by brokers). r Form 1o99-S (proceede from real astate transactiona). . Form 1099-K (nrerchant card and third-party net'ao* transactions). . Form 1098 (homs mortgago int€restl, 1098-E (student loan interest), and 1098-T (bition). r Form 1O99-C (canceled debQ. o Form '1099-A {acquisition or abandonment of secured propertyl. Use Form W-9 only if you are a U.S. person fncluding a resident alienl, 1o prorride your conect TlN. Caution: lf you don't retum Form W-9 io the re$Fster wilh a TlN, you might be subject to backup withhoHing. Seo yt4utrb backrp witl{toldiog,laler. By signing the lilled-out form, you: 1. Certify that the TIN you are giving is conect {or you are waiting lor a numb€r to be issred); 2. Certify thar you are not sut{ect to backup withholding; or 3. Claim exemption from backup withholdirg il you are a U.S. exempt payee; and 4. Certit to your non-foreign status tor purposes of withholding under chapter 3 or 4 ol rhe Code (if applicable!; ard 5. Certify that FATCA code{s) eniered on lhis form (if any) indicating that you are ex€mpt from th€ FATCA reporting b conect. See Whaf Is FATCA Repofting, later, for further information. Note: lf you are a U.S. pereon and a requ€ster gives you a fotm othet than Form W-9 to requeat your TlN, you must us€ the requeste/s form if it is eubstantially similar to thie Form W-9. Definition of a U.S, pereon, For federal lax purposes, you are consid€r€d a U.S. peraon if you are: o An individual who is a U.S. cilizen or U.S. reskJsnt alien; . A pannership, corporation, company, or aasociation cr€ated or organized in the Unit€d States or under lhe laws ol lhe Unit€d States; . An estate (olher than a foreign estale): or o A domeetic trust (as defined in Regulations section 301.7701-71. Establiehing U.S. etatus lor purposes ol chapter 3 and chapter 4 whhholding. Paym€nts mad€ to icreign persons, incftding certain distribntions, allocatione of income, or Iransfurs of sales proceeds, may be su$ect to withholding under chapter 3 or chapter 4 of the Code (sactions 'l 441-1 47 41. Under thee rules, if a Form W-9 or otter certification of non-foreign slatus has not been received, a withholding ag€nt, bansferce, or partnership (payo{ generaEy applies presumption rul€s that may require the payor lo wittrhold applicable tax lrom the recipient, owner, t-ansferor, or partner (pay€€). See PtJb. 515, Withholding of Tax on Nonresident Aliens ard Foreign Entities. The fotlowing persons must provide Form W-9 to the payor for purposes of establishing its non-foreign status. r ln the case of a disregarded entity with a U.S. orrner, the U.S. owner of the disregarded entity and not the disregarded entity. r ln the case of a grantor trust with a U.S. grantor or olher U.S. owner, generally, th€ U.S. grantor or other U.S. owner of the granlor lrust and nol the granlor trust. r ln the caae of a U.S. trust (other than a grantor trustl, lhe U.S. lruet and not the beneficiarie€ of the trust. See Pub. 515 for moro information on providing a Form W-9 or a certification of non-forsign status to avoid withholding. Kittitas County Agreement for Services (rev. 5/t4/25l' Page L7 of 2t Foreign person. ll pu are a forcign person orthe U.S. branch ol a foreign bank lhat has elecled to be treated as a U.S. person (under Begulations section 1.1441-1{bxzmv) or other applicsble section for chapter 3 or 4 purposes), do nol use Form W-9. lnstead, use the appropriate Form W-8 or Form 8233 (see Pub. 5 15). lf you are a qualilied foreign pension fund under Regulations seetion 1.897i1)-1(d), or a partnerahip that is wholly owned by qualified foreign peneion funds, that is treated as a non-foreign person for purposea of s€ction 1 445 withholding, do not use Form W-9. lnstead, use Form W'8EXP (or other c€rtification of nonJoreign status). Nonresident alien who becomes a resident alien, Generally, only a nonresident alien individual may use the terms of a tax tr€aty to reduc€ or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a saving clause. Exceptions specified in the saving clause may permit an exemplion fom tax to conlinue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purpos€s. ll you are a U^S^ resident alien who ie relying on an oxception contained in the eaving claus€ of a tax treaty to claim an exemption from U.S. tax on certain types ol income, you must attach a statem€nt to Form W-9 that specilies lhe folloradng live iterns. 1. Th€ treaty country. Generally, this must be the same beaty urder which yor claimed exemption from tax as a nonresideni alien. 2. The treaty anich addressing the income. 3" The article number {or locarion) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of inconre that qualilies for the exemption from tax. 5. Sulficient facts to iustiry the sxemption from tax under the tenns of the treaty artida Example. Article 20 of lhe U.S.-China income tax treaty allows an exemplion forn tax for scholarship income received by a Chinese student tenporarily present in the United Statas. Under U.S. law, this student will b€come a resident alien for tax purposes if their stay in the United States exc€eds 5 calendar years. However, paragraph 2 of the tirst Protocol to ths U.$.-China treaty (dated Aptil 30, 1984) allows the provisions of A,rticle 20 to continue to apply even after lhe Chinese student becomes a resident alien of lhe United Statee. A Chinese student who qualifies for thig exception (under paragraph 2 of the fitst Protocol) and is relying on this exc€ption to claim an exemption lrom tax on their echolarship oifellowship income would attach to Form W-9 a statement that includee the inlormaiion deecribed above lo support that exemption. lf you are a nonresident alien or a foreign enlity. give tho r€qusst€r the appropriate completed Form W-8 or Form 8233. Backup Withholding Whal is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to th€ IRS 24% of such payments. This is called "backup withholding." Payrnents that may be subiect to backup withholding include, but ar€ not limiled to, interesl, l8x-exempt inter€st, dividends, broker and barter exchange transactions, renb, royallies, nonemployee pay, payments made in setdem€nt of payment card and third-pany n€twork transaclions, and cetain payments lrom fishing boat operalors. Real estat€ transactions are not sr.rbiect to backup withholding. You will not be subiect to backup wilhholding on paynents you teceive il you give the requester yoilr corect TlN, make the proper cerlifications, and report dl your taxable interest and dividends on yd;r tax retum. Paynrents you receive will be subject to backup withholding il: 1. You do not fumish your llN to the r€quester; 2. You do not certify your TIN when required (see the instructions for Part ll for details); 3. The IRS tells the requester that you lumished an inconect TIN; 4. The IRS tells you that you are subiect to backup withholding because you did not report all your interest and dividends on your lax retum (tor reportaHe iDterest and dividends only); or 5. You do not certify to th€ reguest€r lhat yqj are not subject lo backup withholding, as described in item 4 under "By signing tha filled- out form" above (for reportable intereet and dividend accounts opened after 198i! only). Form liV-9 {Rev. 3-2O24}Pase 3 Certain payees and payments arc exempt {rom backup withholding. See Exempt pyee codo, lat€r, and the separate lnstuctions tor the Requesler of Form W-9 for mor€ information. See also Fslab/isfiing U.S. sfatus forpurpses of chapterg and chapter 4 withholding, eaiier. What ls FATCA Reporting? The Foreign Account Tax Compliance Act {FATCA) requires a participating foroign financial institution to report all U.S. account holdere that are epacified U.S. p€Gons. Certain payees are exempt from FATCA reporting . $ee Exemption from FATCA reprting code,later, and the lngtructions for the Requeeter of Form W-9 for more information. 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 payee and anticipate receiving reportable payrnonts in the future from lhis peruon. For exampla, you rnay need to provide updaled information if you are a C corporation that elects to be an S corporation, or if you are no longerlax exempt. ln addition, you must fumish a new Form W-9 if the name or TIN changes for lhe accornt" br example, if lhe grantor ol a grantortrust dics. Penalties Failure to fumish TlN. ll pu fail to fumish your conect TIN to a roquester, l,ou ar€ subiect to a p€nalty ol $6o for each such failure unless your lailure is due to reasonable cause and not to willful neglect. Civil penalty lor false inlormation with r€sp€ct to withholding. lf you make a false staloment wilh no reasonable basis that resuhs in no backup withholding, 1ou are subject to a $5Oo penatty. Criminal penalty {or lalsifying informalion. Willtutly hlsifying certifrcations or affirmations may su$ect you to criminal penalties including fi nes and/or imprisonment Misuge ol TlNs, lf the requester discloses or uses TINs in violatbn of federal law, lhe r€quester may be subject to civil and criminal penalties. Specific lnstructions Line 1 You must ent€r ona of the following on lhis line; do not leave this line blank. The name should match tho name on yourtax retum. lf this Form W-9 is for a loint account (other than an account maintained by a foreign financial institrrtion (FFll), list tirst, and then circle, the name of lhe person or entity whose number you entered in Part I of Form W-9. lf pu are prwiding Form W-9 to an FFI to document a ioint accounl, each holder of the account lhat is a U.S. person must provide a Form W-9. . lndividual. Generally, enter ths nams shown on your tax relurn. lf you have changed your last name withotrt informing lhe Social Security Administration (SSA) ol the name change, enter your first name, lhe last name as shown on your social security card, and your new last name. Note for lTlN applicanl: Enter your individual name as it was entered on your Form W-7 application, line la. This should also be the same as the name you €ntered on the Form 1040 you filed with your appication. r Sole proprielor. Enter your individual name as stpwn on yow Form 104O on line 1. Enler your businecs, trade. or "doing business as" (DBA) name on line 2. o Partnership, C corporation, S corporation, or LLC, other tfian a disregarded entity. Enter the entity's name as shown on the enlity's tax r€tum on line 1 and any business, trade, or DBA name on line 2. r Other entilies. Enler your name as shown on required U.S. federal tax documents on line l. This name should match the name shown on the charter or olher legal document creating the entity. Enter any business, trade, or DBA name on line 2. . Disregarded entity, ln general, a business entity that has a singla owner, including an LLC, and is not a corporation, is disregarded as an entity separate from iis owner {a disregarded entity). See Regulations section 301.7701-2(c)(2). A disregarded entity should check the appropriate box for the tax classification ol its owner, Enter the owne/s name on line 1. The name of the owner entered on line 1 should never be a disregarded entity. Th6 name on line 1 should b€ the name shown on the income tax ratdm on which lhe income should be reported. For Kittitas County Agreement for Services (rev.5/74125) Page 18 of 21 example, if a foreign LLC lhat is troated as a divegarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owne/s nanre is reguired to be provided on line l. It the direct owner ol ihe entity is alao a disregarded enlity, enter the lirst own€r that is not disregarded for lederal tax purpos€€. Enter the disregarded entity's name on line 2. ll the owner ol the disregarded entity is a foreign peraon, the owner must complete an appropnate Form W-8 instead of a Form W-9. This is the case even if the loreign person has a U.S, TlN. Llne 2 lf you have a businoss narne, lrade name, DBA name, or disragarded entity nam€, enter it on line 2. Llne 3a Check the appropriate box on line 3a forlhe U.S. federal tax claesification ofthe person whosa name is entered on line 1. Check only one box on line 3a. Line 3b Check thb box if you are a partnership fncluding an LLC classified as a partrership for U.S. lederal tax purposes), tru6t, or estate that has any foreign partn€rs, owners, or beneficiaries, and you are providing thie form to a partnenhip, trust, or estats, in which you have an ownership interesl, You mugt iheck the box on line 3b il you receive a Form W-g (or docomenlary evidence) from any partner, ownel or benaficiary establiohing foreign etatus or if you receive a Form W-9 lrom any partner, owner, or beneficiary that has checked the box on line 3b, Note: A partnership that provides a Form W-9 and checks box 3b may be required to complete Schedules K-2 and K-3 (Form 1065). For more information, sse the Partnership lnstructions for Schedulea K-2 and K-3 (Form'1065). lf you are required to complete line 3b but fail to do so, you may not receive the information necesaary to file a conecl information retum with the IRS or fumish a conect paye€ statement lo your partners or beneficiaries. See, for example, s€ctions 6698, 6722, and 6724 lor penalties that may apply. Line 4 Exemptlons lf you are exempt lrom backup withholding and/or FATCA reporting, eriter in the appropriate space on line 4 any code{s) that may apply to you. Exempt payee code. r Generally, individuals (including sole proprietors) are not exempt from backup withholding. r Excepl as providad below, corporations are exempt lrom backup withholding for certain paym€nts, including interest afld dividends. . Corporations are nol exempl from backrlp whhholding for payments made in settlernant ol payment card or third-party network transactions. o Corporations are not exempt from backup whhholding with respect to attomeys' fees or gross proceeds paid to attomeys, and corporations that provide medical or health care services are not exsmpt with respect to paymants reportable on Form 1O99-M|SC. The lollowing codes identify payees that are exempt lrom backup withholding. Enter ths appropriate code in the space on line 4. 1-An organization exempt from tax under section 501{a), any lRA, or a cuslodial account urder section a03{b)(7) if the account satisfies the requirements of section 401(0e). lF tlre errtityfirmlividuel on lhtu I is a{n) ., . TIIEN check the box lor I Corcoration Corporation. o lndividual or . Soleproprietorship lndividual/sole proprietor. . LLC claesified as a partnership for U.S. tederal tax purpos€s or o LLC thal has filed Form 8832 or 2553 el€cting lo be laxed as a corporalion Limited liability company and enter the appropriats tax classification: P = Parhership, C=Ccorporation,or S = S corporation. r Parbership Partnership. r TrusUestate TrusYestale. Form W-9 (Rev. $20241 Pase 4 2-Ths United States or any of its agencies or inetrumentalities. 3-A slate, lhe Distdct of Columtia, a U.S. comnrtnweallh or tenitory, or any of thdr political subdivisbns or instrum€ntalitie€. 4-A forsign govemmenl or any of ils political subdivieions, agencias, or ingtrumentalities. 5-A corporation. 6-A dealer in gecuriliee or commodilies required to reg;ster in the United Slates, the District of Columtia, or a U.S. common$realth or lenitory. 7-A fulures commission merchant registered wilh lhe Commodity Futures Trading Commission. 8-A real estate investment bust. 9-An entity registered at all times during the tax year under the lnvestment Company Act of 194O. 'lo-A comrnon trust fund oporat€d by a bank under section S84(a), 11-A firrarrcial hrctilutiur as tlelirred utnlu scutiorr 501. 12-A middleman known in the invegtment community as a nominee or cusiodian. 13-A trust exempt from tax und€r section 6€4 or deecribed in section 4947. The following chart shows types of payrn€nts that may be €xempt lrom backup withholding. The chart apdi€s to the exempt payees listed above, I 13. lF the paynent is lor . .THEN the pryment is exempt lor -. . . lnt€rest and dMdend payments All exempt palE€s except for 7. r Brokerlransactions Exempt paye€s 1 through 4 and 6 through 1 1 and all C corporations. S corporations must ftol enter an exempt paye€ code because they are exempt only for salas of noncovered securities acquired lo 2012. r Bartgr transactions Exempi payees 1 through 4. snd . Payment8 ov€r required to be reported and dir€ct sales over $5,ooo' . Payrnanis made in settlem€nt of payment card or third-party netYvork trarEactions l See Form 1099-M|SC. Miscellaneous lnformation, and its instructions. 2However, the following payments made to a corporation and reportable on Form 1O99-MISC are not exempl from backup withholding: medical and health care payments, atlomeys'fees, gross proceeds paid to an attotney rcportable under section 6045(0, and payments for services paid by a federal executive agency. Exemption lrom FATCA reporting code. The following codes klentily payees that are exempt from reporting under FATCA. These codes apdy lo persons subrnifting this form for accounts maintained outside of lhe United Slates by certain foreign financial instihrtions. Therefore, if you are only eubmitting this form for an aocount you hold in the United State6, you may laave this lield blank. Corsuh with the person requesting this form if ;ou are uncenain if the financial instiMion ie subiect to these requirements. A roquester may indicate that a code is not required by providing you wilh a Form W-9 with "Not Applicable" (or any similar indication! entered on the line for a FATCA exemption code. A-An organization exempt ftom tax under section 501(al or any individual retirement plan as defined in secdon 77O1(aX37). B-The United Srates or any of its agencie or instrumentalities. C-A state, the District of Columbia, a U.S. commonwealth or tenilory, or any of their political subdiv'reiong or instrum€ntalities. D-A corporation the etock of which is regdarly lraded on one or more established securitiee markets, as d€scribed in Fegulations section 1.1472-1 (c)(1[i). E-A corporation that is a member of the sama expanded affiliated group as a corporation deecribed in Regulations sec'tion 1.1a72-1(o[1[i). Kittitas County Agreement for Services (rev.5/1,4/25) Page 19 of 21 F-A dealer in securities, commodities, or derivative linancial inslruments fncluding notional principal conlracts, futures, fonvards, and optione) that is registered as such under lhe laws ofthe United States or any state. G-A rsal estate investment trust. H-A regulated investmenl company as defin€d in s€ction 851 or an entity r€gistered at all times during the iax year under the lnvestment Company Act of 1940. l-A common trust lund 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 684 or described in section aeaT(aX1). M-A tax-exempt lrust under a section 4o3(b) plan or aeclion 457(9) plan. Note: You may wirh to comult wilh the financial instilution remtatting this form io det€rmine whether the FATCA code andor exempt payee code should be completed. Llne 5 Enteryour address (number, sheat, and apartnrent or suite number). This is wlere tho requesler ol this Form W-9 will mail your information retums. tf this address differs lrom the one the requester already has on lib, enrer "NEW" at the top. lf a new address is pmvided, there is still a charrce the old address will be used until lhe payor changes your address in their records. Line 6 Enter your city, slate, and ZIP code. Part l. Taxpayer ldentification Number fflN] Enter your TIN in the appropriate box. lf you are a resident alien and you do not have, and are not eligible to get, an SSN, your TIN is your IRS ITIN. Enter it in the entty space for the Social security number. lf you do not have an fflN, see How to get a II I below. lf you are a sole proprietor and you have an ElN, you may enter either your SSN or ElN. lf you ara a single-memb€r LLC that is disregarded as an enlity s€parate ftom its owner, ont€r lhe owner's SSN (or ElN, if the owner has one). lf the LLC is classified aa a corporation or partnership, ent€r the entity'e ElN. Nole: See What Name and NumberTo Give the Heguester,laler,for {urther clarification of name and TIN combinalions. How to get a TlN. ll you do not have a TlN, apply for one immediately. To apply lor an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA offrce or get this form online at www.SSAgov. You may al6o get this form by calling 800-772-1213. Us€ Form W-7, Application for IRS lndividual Taxpayer ldentification Number, to apply for an fflN, 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 www.irs.grovlFlN. Go to www.irs.govlForns to view, download, or print Form W-7 and/or Form SS-4. Or. you can go to www.irs. govlOrderForms to place an order and have Form W-7 and/or Form S94 mailed to you within 15 business days. lf 1ou are asked to c€mpl€te Form W-9 but do not have a TlN, apply for a TIN and enrer "Applied Fof in the space for the TlN, sign and date the form, and give it to the tequester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, yor will generally have 6O days to get a TIN and give it to the requesier before you are subiect to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subiect to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering "Applied For' means thai you have already applied lor a TIN or that you intend to apply for one soon. See also Fstab/lshing U.S. status for putposes of chapter 3 and chapter 4 withholding, earlier, for when you may instead be subiect to wilhholding under chaptet 3 ot 4 ol the Code. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Generally, exempt payees 1 frrough 5.2 Exempt payees 1 through 4. Form W-9 {Rev. 3-2024)Pase 5 Part ll. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be reqrested to sign by the withholding agenl even if item 1, 4. or 5 below indicates otherwise. For a joint account. only the person whose TIN is shown in Part I should sign {when required). ln the case of a dsregarded entity, the person identified on line 'l must sign. Exempt payees, see Fxernpfpayee code. eadier. Signature requirements. Complete the certification as indicated in ilemsl through5below l. lnterest, dividend, and barter exchange accounls opened belore 1984 and broker accounts considered active during 1983. You must givs your conect TlN, but you do not have 10 sign the certification. 2, lnterest, dividend, broker, and barter erchange accounta opened after 1983 and broker accounts consider€d inactive during 1983. You must sign the certification or backup withholding will apply. lf you are subject to backup withholding and you sre merely providing your conect TIN to lhe requesler, you must cross orJt item 2 in the certification before signing lhe form, 3, Real eslate transactions. You must sign the certification. You may cross out item 2 of the cerlification. 4. Othar paynrents. You must give your conect TlN, but you do not have to sign the certification unlese yor have been notified ihat you have previously given an inconect TlN. "Other payments" include payments made in the course of the requester's trade or business for renls, royalties, goods (other than bills for merchandiae), medical and health care services (ncluding payrnents lo corporations), payments to a nonemployee lor services, payments made in setdement of payment card and third-party nstwork transactions, payments to c,ertain fishing boat cr€w members and fishermen, and gross proceeds paid to attomsys (including payments to corporations). 5. Mortgage inlerest paid by you, acquisition or abandonment of secured property, cancellation ol debl, qualilied ruition program payments {under sec'tion 529), ABLE accounts (under seclion 529A), lRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your corect TlN, but you do not have to sign the cerlificalion. What Name and Number To Give the For thig ol account:Give name and SSN ol: For thls of account: 8. Disregarded enliiy nol o\Fn€d by an i:rdividud 9- A valid tIust, estale, or psnsion kust 10. Corpoalion or LLC ebcting corporale slatus on Fofm 88i!2 or Fm 2553 11 . Asgocirlim. club, relfuiors, charitable. ed:cational. or othar lax-exempl orgenizatian '12. Partnenh'rp or muhi-mernber LLC 13. A broker or registered nominee 14. Accornt with the Doparkn€nt of Agricuhure in the nama of a public entity {such as a elate or local govemment, school dbtrict, or prison) lhat receives aoricultural program paymnntt 15. Granlor trust tilhg Fo.m 1041 or under lhe Optional Filing Method 2. requiring Form 1099 {eoe Hegulations soction t.871 -4{b}(ZXi}(BI" Give name and EIN of: Tlre owncr Laqal entity{ The corporation The organizalion The partrership The bmks or nomkrea The public entity 1. The trust t List first and circle the name of th6 penron whose number you fumish. lf only one p€Eon on a joint account has an SSN, that person's number must be fumished. zCircle the mino/s name and fumish the minor's SSN. sYou muet show vour individual name on line 1. and enter your business or DBA name, if ahy, on line 2. You may us€ either your SSN or EIN (f you have one), but the IRS encourages you to use your SSN. rList first and circle the name of the lrust, estate, or pension trust. (Do not fumish the TIN of the personal representative or trustee unless the legal entity itself is not designated in lhe account titl€.) 'Note: The granlor must also provide a Form W-9 to tha trustee of the trust. " For more information on optioflal filing methods lor granlor trusts. see the lnstructions fot Form 1041. Note: ll no name is circled when mor€ lhan one name is listed. the number will be considered to be that of the first name listed. Secure Your Tax Records From ldentity Theft ldentity theft occurs when someone uses your p€rsonal information, such as your name, SSN, or other identifoing information, without your permission to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax r6tum using your SSN to receive a refund. To reduce your risk: o Protect your SSN, . Ensure your employer is protecting your S$N, and . Be careful when chooeing a tax retum preparer. lf your tax records are affected by identity theft and you receive a nolice from the lRS, respond right away to the name and phone number printed on the IHS notice or letter. lf your tax records are not cunenlly affected by ideniity thett but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity, or a questionable credit report, contact the IRS ldentity Theft Hotline at 800-90&4490 or submit Form 14039. For more information, s€€ Pub. 5027, ldentily Theft lnformation for Taxpayers. 2. Two or more individuals [oinl account] other than an accouot maintained by an FFI 3. Two or more U.S. persons {oint accounl maintained by an FFI} 4. Custodial account of a minor (Unilorm Gifl to MincrsAct) 5, a, Tho usual revocablo savings tust (grantor is atso kustc6) b. Socalled trust occtrnt lhat;s not a legal or vahd lrugl under Blate law 6. Sole proprietorship or disregarded entity oened by an indMduol 7. Granior trust filing r.nder Opiional Filing Method 1 (so€ Regulations sectbn t.671 -a{bX2XiXAD" The rctual ovvner of the rccount or, if combined funds, the first individual on the accounll Each holder olllrc account The minorz The granlor-trueteet The actual ownerl The ownere The grantor' Kittitas County Agreement for Services (rev.5ha/25) Page 2O of 2t Form W-9 (Rev.3-2024)Page 6 Victims of identig theft who are experiencing €conomic harm or a systemic problem, or are seeking help in resolving tax problems lhat have not been resolved through normal channeb, may be eligible for Taxpayer Advocate Servicn [AS] asaislance. You can reach TAS by calling the TAS toll-tee case intake line at A77-777477A oTTVTDD 800-829-4059. Protect yoursell from suspicious ernails or phishing schemes, Phishing is the creation and use of email and websites design€d to mimic legitimate business emails and websites. Th€ most common act is sending an email to a user lalsely claiming to be an establish€d legitimate enterpriss in an attsmpt to scam the user inlo surrenderirq private information that will be used lor irCentitytheft. The IRS does not initiate contacts wilh taxpayers via emails. Aso, the IRS does not request p€rsonal detailed inf'omation thrurgh email or ask taxpayers lor the PIN numbers, passwords, or similar secrct access information for their credit card. bank, or other financial accounts. lf 1ou roooivo an unaolioitcd omoil oloiming to bo from tho lR6, lorward this message topfiishing€ia.gnv. You may also report misus€ of the IRS name, logo, or other IRS property to the Treasury lnspeclor General for Tax Administration (IIGTA) at 800€66-4484. You can forward suspicious emails lo the Federal Trade Commission at qam@uce.gov or report them al www.ftc,gwlcomplaint. You can conlact lhe FTC at rvrvw.ftc. govlidtheft or 877-IDTHEFT (877-4it8-43irg). ll you have been the victim dt iOenUty ttrett, se www,tdd'nttyTheft.gov ' and Pub. 5027. Qo lo www.irs.govlldentityfteft lo leam more about identity theft and how to reduce your risk, Kittitas County Agreement for Services (rev. 5/14/25) Page 2L of 2t Privacy Act Notice Section 61O0 ol the lntemal Revenue Code requiret you to provide your cnnect TIN to persoru (including fuderal agencies) who are required lo file informaiion reiums with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured propsrty; the cancellalion of debt; or contribdions you made to an lRA, Archer MSA or HSA. The person collecting this form tees the information on the fotm to file inbrmalion retums with the lRS, reportirq the above information. Routine uses of thb informalion irrclude giving it to lhe Department ol Juetice for civil and cdminal litigation and to chies, states, the District of Columbia, and U.S. commonweahhs and tenitories lor use in administaring their laws. The inlormation may also bs disclosed to other countries mder a treaty. to federal and state agenciss to enforce civil and eriminal laws, orlo federallaw enlorcement and intelligence agencies to combat tenorism. You must provide your TIN whether or not ynu are reqrrirerl to fle a lax rutum. llnder sectinn 34f6, peyoG mr:st generally withhold a percentage ol taxable interest, dividends, and certain other paymenb to a payee who does not give a TIN to the payor. Certain penaltiee may also apply for providing false or fraudulent infrcrmalion.