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RES 2023-192
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2023-11-07 10:00 AM - Commissioners' Agenda
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RES 2023-192
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Last modified
11/14/2023 10:32:37 AM
Creation date
11/14/2023 10:32:31 AM
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Meeting
Date
11/7/2023
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve a Resolution to Authorize the Chair's Signature on a Memorandum of Agreement between Kittitas County and Mid-Columbia Fisheries Enhancement Group and to Authorize the Public Works Water Resources Manager to Sign the Department of Ecology Funding Agreement
Order
10
Placement
Consent Agenda
Row ID
110685
Type
Resolution
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2. Comply with all relevant provisions and requirements of the grant agreement, including <br />quarterly and project close-out reporting. <br />3. Provide Kittitas County with all information needed for the required grant reporting, and/or <br />complete the grant reporting on behalf of the County if feasible. <br />4, Coordinate with Department of Ecology, participating landowners, Kittitas County, and <br />other stakeholders, <br />5. lnvoice the County not more than monthly for work that is reimbursable to the County <br />under the Grant. Ensure that invoices are accurate and have adequate documentation <br />required by the Department of Ecology and Kittitas County. <br />B. Kittitas County will: <br />L. Review grant agreement WQC-2024-K|CPWD-00228 when it is available for consistency <br />with County policies. <br />2. Enter into the approved grant agreement between Kittitas County and Department of <br />Ecology. <br />3. lnvoice Department of Ecology quarterly (at the schedule required by Department of <br />Ecology, or more frequently if needed) for expenses made in implementing the scope of <br />work of the Grant, including Mid-Columbia Fisheries' expenses which will be billed <br />quarterly. <br />4. Reimburse Mid-Columbia Fisheries' invoices in a timely manner. <br />5. Coordinate with Mid-Columbia Fisheries on issues related to the administration of the <br />Grant. <br />il. PROVTSOS <br />A. Nothing in this MOA is intended to create any rights in any party not a party to this MOA nor third- <br />party beneficiaries. <br />B. Nothing in this MOA creates a resource obligation outside that stated within the agreement <br />C. This is not an exclusive agreement, and both parties reserve the right to compensate additional <br />professional service providers. <br />D. lndemnification/Hold Harmless, Kittitas County and MCF agree to hold each other and their <br />officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, <br />losses or suits including attorney fees arising out of or resulting from the acts, errors or <br />omissions of the parties in the reasonable performance of their duties under this Agreement, <br />except for those injuries and damages that are caused or are attributable to the negligence of <br />the agency. Should a court of competent jurisdiction determine that this Agreement is subject <br />to RCW 4.24.LI5, then in the event of liability for damages arising out of bodily injury to persons <br />or damages to property caused by or resulting from the concurrent negligence of Kittitas County <br />and MCF and their officers, officials, employees and volunteers, the parties liability, including <br />the duty and cost to defend shall be only to the extent of the responsible parties negligence. The <br />provisions of this section shall survive the expiration or termination of this Agreement.
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