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HomeMy WebLinkAboutAgreements/Contracts - BOCC (002)0 CONSULTING SERVICES AGREEMENT RE: HOUSING/HOMELESS PROGRAMS GUIDANCE THIS AGREEMENT, made and entered into by and between Grant County, duly organized and operating under and by virtue of the Constitution of the State of Washington, hereinafter referred to as "County," and Sandra Van Osten, hereinafter referred to as "Contractor." WHEREAS, the County desires to contract with the Contractor for periodic review of the County's housing and homeless programs contracts and delivery; and WHEREAS, the Contractor represents that it is qualified and possesses sufficient skills and the necessary capabilities, including technical and professional expertise where required, to perform the services set forth in this Agreement. NOW, THEREFORE, for and in consideration of the mutual benefits set out herein, it is agreed as follows: 1. Services: The Contractor shall be available on an hourly basis for consulting with County officials and designated County staff in the carrying out of the County's homeless programs. Consulting provided would be reimbursed according to administration requirements of the County's homeless program funding sources. 2. The scope of work and timeframes for the completion of services shall be mutually agreed upon in writing by the Contractor and the County. The County shall document requests for service with an e-mail sent to the Contractor documenting each request. Changes to the scope of work including timelines for completion may be instituted by mutual written agreement of both parties. 2. Funding Amount. The County shall pay to the Contractor for the services to be provided under this Agreement Ninety dollars ($90) per hour plus travel time and mileage, not to exceed $50,000 without prior approval from the County. Mileage will be reimbursed based on the most current IRS reimbursement rate. 3. Indemnification. Each party shall defend, indemnify, and hold the other party, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the other party in the performance of this Agreement, except for injuries and damages caused by the sole negligence of either party. Grant County/ S.V. Osten agreement for services May 2022 / CSD-BOCC-R.Jones 4. Term. The term of this Agreement and the performance of the Contractor shall commence on a mutually agreed date as of the signature of this agreement and continue until terminated by either party with 10 days' notice. 5. Insurance. Contractor shall obtain and keep in force during the terms of the agreement the following insurance with companies with a current A.M. Best rating of not less than A: VII or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW: 5.1 Worker's compensation and employer's liability insurance as required by the State of Washington. 5.2 General commercial liability insurance in an amount not less than a single limit of $2,000,000 for bodily injury, including death and property damage per occurrence, $2,000,000 general aggregate. Excepting the worker's compensation insurance secured by Contractor, the County will be named on all certificates of insurance as an additional insured. The insurance policy shall contain or be endorsed to contain that the Contractor's insurance coverage shall be primary insurance as respect the County. Any insurance, self-insurance, or insurance pool coverage maintained by the County shall be in excess of the Contractor's insurance and shall not contribute with it. Contractor shall furnish the County with verification of insurance and endorsements required by this agreement. The County reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. Contractor shall submit a verification of insurance as outlined above within 14 days of the execution of this agreement to the County. No cancellation of the foregoing policies shall be effective without 30 days prior notice to the County. The County will pay no progress payments under Section 2 of this agreement until Contractor has fully complied with this Section. This remedy is not exclusive, and the County may take such other action as is available to them under other provisions of this agreement, or otherwise in law. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the County's recourse to any remedy available at law or in equity. 6. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the County shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the County, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the County. Grant County/ S.V. Osten agreement for services May 2022 / CSD -B OCC-R. Jones 7. No Discrimination. Contractor shall, in employment made possible or resulting from this Agreement, ensure that there shall be no unlawful discrimination against any employee or applicant for employment in violation of RCW 49.60.180, as currently written or hereafter amended, or other applicable law prohibiting discrimination, unless based upon a bona fide occupational qualification as provided in RCW 49.60.180 or as otherwise permitted by other applicable law. Further, no person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement in violation of RCW 40.60.215 or other applicable law prohibiting discrimination. 8. Dispute Resolution. Any dispute concerning questions of fact in connection with the work not disposed of by agreement between Contractor and the County shall be referred for determination to the Board of County Commissioners, whose decision in the matter shall be final and binding on the parties of this agreement, provided, however, that if an action is brought challenging the Board of County Commissioner's decision, that decision shall be subject to de novo judicial review. In the event of litigation over the terms of this agreement, each party shall bear its own attorney's fees and costs incurred therein. H H H H H H H H H H H H H H H H H H H H H H H H H H H H H Grant County/ S.V. Osten agreement for services May 2022 / CSD-BOCC-R.Jones Dated the f-h C) f I'Ttl 2 02a -2. CLONSULT T: /e§ULT .: U B San&,a Van Oste.n Dated the S,�XQf Xayr 2-022. BOARD OF COUNITY COMMISSIONIERS GRANT COUNTYP WASHINGTON Danny StoA,, Chai-r V.- Ce All Cind terein er T " ST. lRarb4rl(l Vasquez Cle,r-�- the'Roard Approved a to fors-n: By Ki-,vin -M/Crae Prosecuting Altumey Date: � tk,(al � cj--� 2022 Ckaln County/ SN. Os�--ri agreement for services May 2f)22.,CSD-B0C-C-R,Jmes