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____________________________________________________________________ <br /> <br />VSP Agreement Between the KITTITAS COUNTY CONSERVATION DISTRICT and KITTITAS COUNTY - Page 4 of 15 <br />plan and RCW Chapter 36.70A, Conservation Commission cost-share policies and <br />procedures as the entity providing the funding shall be abided by. <br /> <br />Both the COUNTY and DISTRICT agree if a cost-share program is offered utilizing <br />Conservation Commission funding, the COUNTY and the DISTRICT agree to receive <br />training regarding Conservation Commission cost-share policies and procedures, from <br />Conservation Commission staff, prior to using VSP funds for a cost-share program. If cost <br />share funding is provided without Conservation Commission training on the use of cost share <br />funding, there is no guarantee that reimbursement for the cost share will occur. <br />DUPLICATION OF BILLED COSTS <br />The DISTRICT shall not bill the COUNTY for services performed under this agreement, and <br />the COUNTY shall not pay the DISTRICT, if the DISTRICT is entitled to payment, or has <br />been, or will be paid, by any other source, including grants, for that service. <br />FUNDING CONTINGENCY <br />The COUNTY’S ability to make payments is contingent on availability of funding. In the event <br />funding from the state is withdrawn, reduced, limited or otherwise determined by the <br />COUNTY to be inadequate in any way after the effective date and prior to completion or <br />expiration date of this agreement, the COUNTY, at its sole discretion, may elect to terminate <br />the agreement, in whole or part, for convenience or to renegotiate the agreement subject to <br />new funding limitations and conditions. The COUNTY may also elect to suspend <br />performance of the agreement until the COUNTY determines the funding insufficiency is <br />resolved. Should the COUNTY determine funding needs to be reduced, the COUNTY will <br />provide 30-days’ notice of an intent to reduce the amount of funding available under this <br />agreement. <br />DISALLOWED COSTS <br />The DISTRICT is responsible for any audit exceptions or disallowed costs incurred by its <br />own organization or that of its Subcontractors (such as consultants), and Assignees. If the <br />DISTRICT expends more than the amount of the Conservation Commission funding in this <br />agreement in anticipation of receiving additional funds from the COUNTY or the <br />Conservation Commission, it does so at its own risk. The COUNTY is not legally obligated to <br />reimburse the DISTRICT for costs incurred in excess of this agreement. <br />INSUFFICIENT FUNDS <br />The obligation of the COUNTY to make payments is contingent on the availability of state <br />and federal funds through legislative appropriation and state allotment. When this contract <br />crosses over state fiscal years the obligation of the COUNTY is contingent upon the <br />appropriation of funds during the next fiscal year. The failure of the legislature or federal <br />agencies to appropriate or allot such funds to the program shall be good cause to terminate <br />this contract. <br />ASSIGNMENT <br />The DISTRICT may not assign this contract. The DISTRICT may however, delegate the <br />work to be completed under this agreement to an Agent. Any such Agent shall comply with <br />the requirements of this agreement. Within any such delegation the DISTRICT shall remain <br />liable for any claim arising thereunder, and the DISTRICT shall remain responsible for <br />compliance with this agreement and RCW 36.70A.700-735, and with all applicable Federal,