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HomeMy WebLinkAboutSH19-022 AGREEMENTAGREEMENT BETWEEN KITTITAS COUNTY AND THE ELLENSBURG RODEO This Agreement is entered into between Kittitas County on behalf of the Kittitas County Sheriff's Office (KCSO) and the Ellensburg Rodeo (Rodeo) (the parties). I. PURPOSE The purpose of this Agreement is to provide for the reimbursement to KCSO of the cost incurred for the services of Reserve Sheriff s Deputies to maintain order, safety and security for all during the course of the events operated by the Rodeo from and including August 28, 2019 to and including September 2, 2 019 . The parties acknowledge that the costs of the above described personnel assigned to Rodeo events during that period should not be borne solely by KCSO, which is a publicly funded law enforcement agency; that some equitable arrangement related to those costs should be made, and that the cost to the KCSO of these trained personnel is $18.00 per hour. II. SERVICES KCSO shall provide trained Reserve Sheriff s Deputies to act within the scope of their training and authority consistent with the orders and policies of the Sheriff to engage in the above described duties. All decisions with regard to the official actions of these Deputies shall be made solely by the authorized KCSO chain of command. III. ADMINISTRATION This Agreement will be administered by KCSO. KCSO shall invoice the Rodeo for all services provided within 30 days of the ending date specified above, and the Rodeo shall make payment not more than 30 days thereafter. IV. INDEPENDENT CONTRACTOR The services provided under this Agreement are those of an independent contractor. Employees of KCSO are and will remain employees of KCSO. All payments to KCSO personnel are and remain the sole obligation of KCSO. V. INDEMNIFICATION Each party shall defend, protect, and hold harmless the other party from and against all claims, suits and/or other actions arising from any negligent or intentional act or omission of that party's employees, agents and/or authorized subcontractor(s) while performing this Agreement as and shall cooperate to the extent possible in the defense of all claims. VI. AMENDMENT Agreement for Reimbursement Page 1 of 3 The parties may mutually amend this Agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind the parties. VII. CHOICE OF LAW AND VENUE This Agreement will be governed by the laws of the State of Washington, both as to interpretation and performance. Any action at law, suit in equity or other judicial proceeding for the enforcement of this Agreement may be instituted only in Superior Court and venue shall be as provided by RCW 36.01.050. VIII. INTEGRATION CLAUSE This instrument embodies the whole Agreement of the parties. There are no promises, terms, conditions or obligations other than those contained in this Agreement. This Agreement supersedes all previous communications, representations or Agreements, either oral or written, between parties. IX. TERMINATION CLAUSE If this Agreement is terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination. X. PROPERTY AND EQUIPMENT No property shall be exchanged nor shall title to any property be transferred except by separate Agreement. XI. EFFECTIVE DATE This Agreement shall take effect when signed by the Authorized Signatories named below and ratified by the Board of County Commissioners of Kittitas County. For the Parties: GENE DANA, KitTitas County Sheriff Dated this day of August, 2019. KITTITAS COUNTY BOARD OF COMMISSIONERS Chair Vice -Chair Agreement for Reimbursement Page 2 of 3 JensW, frejident, Ellensburg Rodeo ATTEST: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz Commissioner Dated this day of , 2019 APPROVD AS TO FORM- Douglas R. Michell Deputy Pross&uting Attorney 4` Agreement for Reimbursement Page 3 of 3