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HomeMy WebLinkAboutRes-2020-117BOARD OF COUNTY COMMISSIONERS COTINTY OF KITTITAS STATE OF'WASHINGTON RESOLUTION No.2o2o-_!l_fr RBSOLUTION TO AUTTIORIZE CONTRACT AMENDMENT EXECUTION WHEREAS, County and the Prosecuting Attorney entered into a Law and Justice Grant Agreement with an effective date of January I,2020; and WHERBAS, the terms provided for one of the awarded amounts in the grant was too specific to allow for its intended purpose; and WIIEREAS, both the County and the Agency desire to amend the Agreement to allow for the award of $4,697.00 to be spent on furnishings, carpet and door installation as detailed in the amendment that is attached hereto and hereby incorporated by this reference; NOW TIIEREFORE, BE IT RESOLVED that the Board of County Commissioners of Kittitas County, Washington, authorizes execution of the Agreement Amendment that is attached hereto. DATED this day of 2020, at Ellensburg, Washington. BOARD OF COUNTY COTINTY, Commissioner 1il il 1il\\ "n of the X Deputy Clerk of the Board LAW AND JUSTICE GRANT AGREEMENT FOR 2O2O GRANT FUNDS BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY PROSECUTOR GRANT #20-03 AMENDMENT This contract amendment is made by and between Kittitas County (hereinafter referred to as "County") and Kittitas County Prosecutor (hereinafter referred to as "Agency"). The County and the Agency agree as follows: WHEREAS, County and Agency entered into a Law and Justice Grant Agreement with an effective date of January 1,2020; and WHEREAS, Section 1. Scope of Work and Payment on page one of the Agreement allocates $4,697.00 for "necessary furniture as listed in application"; and WHEREAS, the lapse in time between when the application was submitted and when the grant was awarded led to price disparities as products were no longer available at the originally quoted price making it impossible to comply with the application specifications; and WHEREAS, the Agency intended furniture to mean furnishings and to include carpet, a door, and installation of both; and WHEREAS, the Agency is not asking for additional funds, only clarification on how those funds can be spent, and the pu{pose remains the same; and WHEREAS, the rest of the Agreement is unchanged; NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Kittitas County, Washington, hereby authorizes execution of an amendment to allow the Agency to use the awarded $4,697.00 on furnishings, carpet, a door and carpet and door installation. // Amendment DATED this day of Yrtrlt U ,2020, at Ellensburg, Washington. APPROVED: KITTITAS COI-INY PROSECUTOR BOARD OF COTINTY COMMISSIONERS AS Print of ATTEST: IW -a- Amendment April 16,2020 Kittitas County Board of County Commissioners 205 W 5th Ave Suite #108 Ellensburg, WA 98926 Re: Letter of Support to Amend Grant Dear Members of the BOCC, It has come to our attention, that the terms of the Grant awarded to the Prosecutor's Office were too specific to have the intended effect. It was always the intent of the Prosecutor's Office to obtain the necessary funds to establish a Child Forensic Interview Room with a corresponding Family Waiting Area, and Observation Area. The Law & Justice Council understands and supports the need for such spaces and awarded a Grant to accommodate the request. The terms of the Grant provided an award of $4,697.00 for " Necessary furniture as listed in application". Unfortunately, the specific items listed in the application are no longer available at the price originally quoted. The Prosecutor's Office is not seeking additional funding or to change the focus of the award. The Prosecutor's Office is simply asking to amend the language contained in the Grant to be less restrictive so the desired and approved purchases can be made. The goal and the monetary amounts remain the same. On behalf of the Law & Justice Council we request the BOCC approve the attached amendment and sign the corresponding resolution, also attached. Thank you, ttitas County Law & Justice Council LAW & JUSTICE GRANT AGREEMENT FOR 2O2O GRANT FUNDS BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY PROSECUTOR Grant #20-03 This Contract, effective January 1,2020 is made and entered into by and between - KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and KITTITAS COUNTY PROSECUTOR (Agency). WHEREAS, the purpose of this Agreement is to provide an agreement for the award of grant funds, which are used for special projects to foster cooperation, sharing of resources and enhancement of the criminal justice Froject within Kittitas County, and WHEREAS, on September 17, 2019, the Board of County Commissioners adopted Resolution 2019-142 awarding the funds. NOW THEREFORE, in consideration of the lerms and conditions contained herein, or attached and incorporated and made a part hereot the Coun$ and the Agency mutually agree as follows: Section 1. Scopq.of Work and Pavment. a. As full compensation for the Agency's Services, the County agrees to pay Agency the sum of Ten Thousand Six Hundred Eighty Five Dollars and Sixty Cents dollars ($10685.6). The Agency is eligible to claim reimbursement for the following items and amounts only: Amount Details $5988.6000000000004 Child Forensic lnterview Room Recording System $4.6s7.00 Necessary furniture as listed in Application b. Services/Expenses that are reimbursed must be dated during the current year on or before October 31, 2020 and final date to submit your reimbursements request is November 27,2024, after this date funds lapse. c. Requests for reimbursements will need to be completed using the prescribed reimbursement form and must be submitted to: Kittitas County Auditor Attn: Auditor's Accounting 205 West 5s Ave - Suite 105 Ellensburg, WA 98926 aud ito rsaccou ntins@co, kittitas.wa,us Section 3. Perfgrrmance hy. Aqencv. a. Agency shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written 2A2O Law & lustice Council Funding Agreement Page 7 consent of the County. Any such delegation or subcontracting without the County's prior written consent shall be voidable at the Coun$'s option. b. Agency shall at all times be an independent Agency and not an agent or representa- tive of the County with regard to performing the Services. Agency shall not represent that it is, or hold itself out as, an agent or representative of the County. ln no event shall Agency be authorized to enter into any Agreement or undertaking for or on behalf of the County. lt is understood that the Agency and the Agency's statf and employees are not employees of the County and are not, therefore, entitled to any benefits provided employees of the County. c. Ageney shall comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, and other requirements, now or hereafier in effect, of any governmental authority (including, but not limited to, such requirements as may be imposed upon the County and applicable to Services). Agency shall furnish such documents as may be required to effect or evidence such compliance. All laws, ordinances, rules, and orders required to be incorporated into agreements of this character are incorporated into this Agreement by this reference. Agency agrees to obtain all required licenses and permits, and further agrees to keep them in fullforce and effect during the term of this Agreement, d, The County and the Agency agree that in fulfilling the terms and conditions of this Agreement neither shall discriminate on the basis of race, creed, color, national origin, age, sex, marital status, or the presence of a physical, sensory, or mental handicap. e. The Services shall at all times be subject to inspection by and approval of the County, but the Coung's making (or failure or delay in making) such inspection or approval shall not relieve Agency of its responsibility to perform the Services in accord with this Agreement, notwithstanding the County's knowledge of defective or non-complying performance, or the substantiality or ease of discovering the same. Agency shall provide the County with sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. f. This contract is subject to review by any Federal or State auditor. Agency shall promptly furnish the County or its designee, or such Federal or State auditor with such information related to the Services as may be requested by the applicable governmental entity. Agency shall preserve and maintain all financial records and records relating to performance of Services under this Agreement for six (6) years after contract termination, For such duration after the County makes final payment of compensation due hereunder, Agency shall provide the County access to (and the County shall have the right to examine, audit and copy, with or without notice) all of Agency's books, documents, papers and records related to the Services or this Agreement. g, Agency understands and acknowledges that Agency is solely responsible for its own reporting and accounting of all state, federal, social securig, and local taxes, of every nature, arising from Agency's performance of this Agreement. All compensation received by the Agenry will be reported to the lnternal Revenue Service at the end of the calendatyear in accord with the applicable IRS regulations. 2020 Law & lustice Council Fundlng Agreement Poge 2 Sectign 4. Release. Indemnitv..and Hold Har-l4less. The County assumes no liability for the Agency's actions under this Agreement. Agency releases and shall defend, indemnify, and hold harmless the County, its officers and employees, agents, representatives, attorneys and/or volunteers, from and against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, reasonable attorney fees) which arise or may arise or be alleged to arise out of or by reason of this Agreement including: Any fault, negligence, strict liability or product liability of Agency in connection with the Services for this Agreement; Any lien asserted upon any property of the County in connection with the Services for this Agreement; Any failure of Agency, or of the Services, to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of any governmental authority; or Any breach of or default under this Agreement by Agency a o a a Sectlon 5. Compliance with Public Records Law. a. ln compliance with Washington's public records law, the County will retain copies of any documents associated with this Agreement, which may be required by law unless legally exempt from such retention, for any applicable legally required retention period. b. ln the event a public records request is made to the County for documents created in relation to this Agreement, should legal uncertainty arise regarding the disclosability of any documents under federal or state public records laws, the County shall provide notice to Agency pursuant to Washington's public records act, chapter 42.56 RCW, to allow Agency to seek a court injunction. c. The County specifically shall not be liable to Agency for the Coung's release under public records laws of any documents not protected by trademark, copyright or other law. Section 6. lndustrial lnsurance YValvgr. With respect to performance of this Agreement and as to any claims against the County, its Additional lnsureds, officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act, for injuries to Agency's employees and agrees that the obligations to indemniff, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties to this Agreement. 2020 Law & lustice Council Funding Agreement Page 3 Section 7. lnsurance and Endo.[sements. The County may require through a request in writing that the Agency provide the County with a certiflcate, binder, or policy of liability insurance, acceptable to the County in an amount specifled by the County. b. Such liability insurance shall be such as will protect Agency, its employees, agents and representatives, from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this Agreement, whether such performance is by Agency or any of its employees, agents or representatives. c. Should the County require such liability insurance, the Agency agrees to provide proof of insurance prior to commencing performance of this Agreement. d. Copies of the County's written request and the insurance documents provided by Agency shall be attached to this Agreement and by this reference will be made part hereof. e. \Mrere insurance is requested by the County, all liabili$ insurance policies shall be endorsed to include the County as an Additional lnsured and shall stipulate that the insurance afforded by the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, or risk retention trusts maintained or participated in by the Parties shall be excess and not contributory to any other insurance maintained by the County. Agency shallfurnish lhe County a certificate of insurance with Endorsement as evidence that the required policies are in full force and effect. Section 8. Termination. The County may, by written notice thereof to Agency, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Agency is in breach or default. Upon receiving such notice of termination, Agency shall, except as othenrvise directed by the County, immediately slop performing the Services to the extent specified in the notice. ln the event the County terminates the Agency's Services, the Agency is obligated and hereby agrees to refund to the Coung all monies paid for Services not yet rendered by the Agency, if any, as of the date of the notice of termination. Section 9. Miscgllaneous a. Agency shall not (by contract, operation of law or otherwise) assign this Agreement or any right or interest in this Agreement without the County's prior written consent. b, This Agreement embodies the entire Agreement between the County and Agency, and supersedes any and all prior oral or wriften communications, proposals, conditions, promises, representations, or understandings regarding the Services. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to the Agreement signed by both parties. c. Notice for any purpose under this Agreement, except service of process, shall be given by the Agency to the Kittitas County Auditor, Yo Law & Justice Council 205 W. 5h Ave. Ste. 105, Ellensburg, WA 98926. For all purposes under this Agreement, any a 2020 Law & tustice Councll Funding Agreement Page 4 notic€ by the Counly to the Agency shall be given to the Agency's address provided on the signature page. Nolice may be given by delivery or by depositing in the U.$. Mail, first class, postage prepaid, certified mail, retum receipt requested. d, fhe section and paragraph headings of lhis Agreement are for reference convenience only and are not intended to restrict, affect or be of any weight in interpreting or conslruing lhe provisions of such sections or paragraphs. e. This Agreement may be executed in one or more counterparts and by facsimile, each of which will be deemed an original, but all af which together will constitute one and the same instrument. f. Agency warranls to the County that the individual signing on Ageney's behalf has the requisite power and authority to enter into and to perform Agency's obligations under this Agreement, Agency further warrants to the County lhat Agency has made no misrepresentatlon or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect Agency's ability to perform its obligations under this Agreement. g. If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term, condition or applieation. To this end, the terms and conditions of this Agreement are declared severable. h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington" KITTITA$ COUNTY BOARD OF COUNTY COMMISSIONERS Chair Vice Chair Commissioner ATTE$T: Julie Kjorsvik, Clerk of the Board or Mandy Buchholz, Deputy Clerk of the Board APPROVED AS TO FORM Deputy AS.COUNTY PROqECUTORKITTIT { !-. {1,{...F.1 L.:. Wg rus*- w& 5r{ ?*t3 lCity, Stale, Zrpl6T){l *'.1 , .1 tr"4"1 {t./- l3 '--t r t * [Telephone] Prosecuting Attorney 2020 Law & tustice Cauncil Funding Agreement Page 5 BOARD OF COUNTY COMITISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON BSSpruTrotY No.20re- l+b# RESOLUTION AWARDING FUNDING FOR GRANTS PURSUANT TO LAW AND JUSTICE COUNCIL RECOMMENDATIONS ON SPf,NDING OF I/IOTH OF lolo SALES TAX RESERVES WHEREAS: The Kittitas County Law and Justice Council met at their regularly scheduled meeting on August 5,2019, and voted unanirnously to approve the below describerJ funding recommendations; and WHAREAS: These expeirditures shall be made from the l/10'h of l% sales tax reserve account established by the Board of County Comrnissioners for spending on special projects to fostsr coope*ation, sharing of resources and enhanoement of criminal justice projects within Kittitas County; and WHEREAS: Funding is to be made available January l, 202A upon approval of this resolution unless indicated as urgent * which will be available upon approval; and WIIERIAS: The amount avaitable for 2020 grants is approximately $60,000.00; and WHEREAS: Estimated balance in the grant funds is approximately $145,006.78 after 2019 Grant obligations and maintaining $50,000.00 in reserve for the Range Project, and WHEREAS: The grants dessribed below are recornrnended for approval. NOW' THEREFORE BE IT RBSOLVED; That the Kittitas Courrty Board of Commissioners hsreby adopts the following frrnding recommendations as made by the Kittitas County Law and Justice Council and these expenditures shall be made from the 1/lOih of lYosales tax reserue account. 20-r KNTITAS CO. CORRECTIONS Celisense Plus Detection Systern st 3, 089.93 20-2 Court Advocates for Children for Kittitas County (CASA) Prevention & Publio Awareness Training& Screen $3500 and Advertising $1000 $ 4,500.00 20-l KITTITAS CO. PROSECU'I OR Child Forensic Interviewing Room Recording System $5,988.60 and $4,697 for Necessary furniture (as listed on Application) 20-4 KITTITAS CO. SEARCH & RESCUE Winter Track System for side by side *20-5 KITTITAS CO. SHHRTFF'S OFFTCE (FORJI^JDGES to have full time access for electronic or telephonic search warrants) Two Laptop computers 20-6 HOPESO[JRCE Scholarships for after school activities 20-7 KTTTMAS POLICTE DEPAR'IMEM' Four Ballistic Vast Plates 20-E UPPER CO. DISTRICT COURT Projector and Document Carnera 20-9 KiTTITAS CO. PT,JBLIC HEALTH Childhood Inju.y Prevention Program (car seats, helmets, training) 20-10 Fire District #1 Traffic Safety Equipment listed (cones, signs, lights) 20-ll KITTITAS CO. EVE TT CENTER Two AEDs with cabinets 2A-r2 KITTTTAS CO. SHERIFF'S OFFICE Defensive Tactics Training equipment (as listed on applioation) 20-13 YOUTH SERVTCES OF KITTITAS COUNTY Program Support as listed on application (excluding Recruiting Advertisemcnt Videos) s10,685.60 $ 6,058.00 $ 3,356.07 $ 2,500.00 $ 1,400.00 $ 2,000.00 s 1,000.00 s s00.00 l[ 3,600.00 $ 3,987.90 s 5,000.00 ADoprED this J-J-to uy afuF,f;,l"TlWr* 'fotal Grants awarded:$57,677,50 BOARD OF COUNTY COMMISSIONERS KITTIT WASHINGTON, APPROVED AS TO FORM: t A,a rtJ Douglas Mitchell,ng A&ornev fiit"ri.of the Board- Julie Kjorsvik tr Deputy Clerk of the Board- Mandy Buchholz LAW AND JUSTICE GRANT AGREEMENT FOR 2O2O GRANT FUNDS BETWEEN KITTITAS COUNTY AND AS COUNTY PROSECUTOR GRANT #20-03 AMENDMENT This contract amendment is made by and between Kittitas County (hereinafter referred to as "County") and Kittitas County Prosecutor (hereinafter referred to as "Agency"). The County and the Agency agree as follows: WHEREAS, County and Agency entered into a Law and Justice Grant Agreement with an effective date of January 1,2020; and WHEREAS, Section 1. Scope of Work and Payment on page one of the Agreement allocates $4,697.00 for "necessary furniture as listed in application"; and WHEREAS, the lapse in time between when the application was submitted and when the grant was awarded led to price disparities as products were no longer available at the originally quoted price making it impossible to comply with the application specifications; and WHEREAS, the Agency intended fumiture to mean furnishings and to include carpet, a door, and installation of both; and WHEREAS, the Agency is not asking for additional funds, only clarification on how those funds can be spent, and the purpose remains the same; and WHEREAS, the rest of the Agreement is unchanged; NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Kittitas County, Washington, hereby authorizes execution of an amendment to allow the Agency to use the awarded84,697.00 on furnishings, carpet, a door and carpet and door installation. // Amendment DATED this APPROVED l{!+h day of W ,2020, at Ellensburg, Washington. U KITTITAS COTINY PROSECUTOR BOARD OF CO OMMISSIONERS KITTIT Signature of Signatory Date Print Name of Signatory Commissioner ATTEST: t oard lllt Amendment April 16,2020 Kittitas County Board of County Commissioners 205 W 5th Ave Suite #108 Ellensburg, WA 98926 Re: Letter of Support to Amend Grant Dear Members of the BOCC, It has come to our attention, that the terms of the Grant awarded to the Prosecutor's Office were too specific to have the intended effect. It was always the intent of the Prosecutor's Office to obtain the necessary funds to establish a Child Forensic Interview Room with a corresponding Family Waiting Area, and Observation Area. The Law & Justice Council understands and supports the need for such spaces and awarded a Grant to accommodate the request. The terms of the Grant provided an award of $4,697.00 for " Necessary furniture as listed in application". Unfortunately, the specific items listed in the application are no longer available at the price originally quoted. The Prosecutor's Office is not seeking additional funding or to change the focus of the award. The Prosecutor's Office is simply asking to amend the language contained in the Grant to be less restrictive so the desired and approved purchases can be made. The goal and the monetary amounts remain the same. On behalf of the Law & Justice Council we request the BOCC approve the attached amendment and sign the corresponding resolution, also attached. Thank you, t ttitas County Law & Justice Council LAW & JUSTICE GRANT AGREEMENT FOR 2O2O GRANT FUNDS BETWEEN KITTITAS COUNTY AND KITTITAS COUNTY PROSECUTOR Grant #20-03 This Contract, effective January 1,2020 is made and entered into by and between - KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and KITTITAS COUNry PROSECUTOR (Agency). WHEREAS, the purpose of this Agreement is to provide an agreement for the award of grant funds, which are used for special projects to foster cooperation, sharing of resources and enhancement of the criminaljustice project within Kittitas County, and WHEREAS, on September 17,2019, the Board of County Commissioners adopted Resolution 2019-142 awarding the funds. NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the County and the Agency mutually agree as follows: Sectio[ L Scope of Work and Pavment. a. As fullcompensation for the Agency's Services, the County agrees to pay Agency the sum of Ten Thousand Six Hundred Eighty Five Dollars and Sixty Cents dollars ($10685.6). The Agency is eligible to claim reimbursement for the following items and amounts only: Amount Details $5988.6000000000004 Child Forensic lnterview Room Recordins Svstem $4,697.00 Necessary furniture as listed in Aoolication b. Services/Expenses that are reimbursed must be dated during the current year on or before October 31,2020 and final date to submit your reimbursements request is November 27,2A20, afterthis date funds lapse. c. Requests for reimbursements will need to be completed using the prescribed reimbursement form and must be submitted to: Kittitas County Auditor Attn: Auditor's Accounting 205 West 5s Ave - Suite 105 Ellensburg, WA 98926 a ud ito rsacco u nti ne@co, kitt i.tas.wa, u s Section 3. Performance bv Aqencv. a. Agency shall not (by contract, operalion of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written 202O Low & lustice Council Funding Agreement Poge 7 consent of the Couniy. Any such delegation or subcontracting wlthout the County's prior written consent shall be voidable at the County's option. b. Agency shall at all times be an independent Agency and not an agent or representa- tive of the County with regard to performing the Services. Agency shall not represent that it is, or hold itself out as, an agent or representative of the County. ln no event shall Agency be authorized to enter into any Agreement or undertaking for or on behalf of the County. lt is understood that the Agency and the Agency's staff and employees are not employees of the Coun$ and are not, therefore, entitled to any benefits provided employees of the County. c. Agency shall comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, and other requirements, now or hereafter in effect, of any governmental authority (including, but not limited to, such requirements as may be imposed upon the County and applicable to Services). Agency shall furnish such documents as may be required to effect or evidence such compliance. All laws, ordinances, rules, and orders required to be incorporated into agreements of this character are incorporated into this Agreement by this reference. Agency agrees to obtain all required licenses and permits, and further agrees to keep them in full force and effect during the term of this Agreement, d. The County and the Agency agree that in fulfilling the terms and conditions of this Agreement neither shall discriminate on the basis of race, creed, color, national origin, age, sex, marital status, or the presence of a physical, sensory, or mental handicap, e. The Services shall at all times be subject to inspection by and approval of the County, but the Coun$'s making (or failure or delay in making) such inspection or approval shall not relieve Agency of its responsibility to perform the Services in accord with this Agreement, notwithstanding the County's knowledge of defective or non-complying performance, or the subslantiality or ease of discovering the same. Agency shall provide the County with sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. f, This contract is subject to review by any Federal or State auditor. Agency shall promptly furnish the County or its designee, or such Federal or State auditor with such information related to the Services as may be requested by the applicable governmental entity. Agency shall preserve and mainlain all financial records and records relating to performance of Seruices under this Agreement for six (6) years after contract termination, For such duration after the County makes final payment of compensation due hereunder, Agency shall provide the County access to (and the County shall have the right to examine, audit and copy, with or without notice) all of Agency's books, documents, papers and records related to the Services or this Agreement. g. Agency understands and acknowledges that Agency is solely responsible for its own reporting and accounting of all state, federal, social security, and local taxes, of every nature, arising from Agency's performance of this Agreement. All compensation received by the Agency will be reported to the lnternal Revenue Service at the end of the calendaryear in accord with the applicable IRS regulations. 2020 Law & lustice Council Funding Agreement Page 2 Sectign 4. Releaqe. Indemnitv..and Hold Harmless. The County assumes no liabili$ for the Agency's actions under this Agreement. Agency releases and shall defend, indemnify, and hold harmless the County, its officers and employees, agents, representatives, attorneys and/or volunteers, from and against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, reasonable attorney fees) which arise or may arise or be alleged to arise out of or by reason of this Agreement including: Any fault, negligence, strict liability or product liability of Agency in connection with the Services for this Agreement; Any lien asserted upon any property of the Coun$ in connection with the Services for this Agreement; a a a a Any failure of Agency, or of the Seryices, to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of any governmental authority; or Any breach of or default under this Agreement by Agency. Section 5. Compliance with Publig Records Law. ln compliance with Washington's public records law, the County will retain copies of any documents associated with this Agreement, which may be required by law unless legally exempt from such retention, for any applicable legally required retention period. b. ln the event a public records request is made to the County for documents created in relation to this Agreement, should legal uncertainty arise regarding the disclosability of any documents under federal or state public records laws, the County shall provide notice to Agency pursuant to Washington's public records acl, chapter 42.56 RCW to allow Agency to seek a court injunction. c. The County specifically shall not be liable to Agency for the Coung's release under public records laws of any documents not protected by trademark, copyright or other law. Section 6. lndustrial lnsurance Waiver. \A/ith respect to performance of this Agreement and as to any claims against the County, its Additional lnsureds, officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act, for injuries to Agenct's employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties to this Agreement. 202A Law & tustlce Council Funding Agreement Page 3 Segtion 7. lqsurance and Endoqsements. a, The County may require through a request in writing that the Agency provide the County with a certificate, binder, or policy of liability insurance, acceptable to the County in an amount specified by the County. b. Such liability insurance shall be such as will protect Agency, its employees, agents and representatives, from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this Agreement, whether such performance is by Agency or any of its employees, agents or representatives. c. Should the County require such liability insurance, the Agency agrees to provide proof of insurance prior to commencing performance of this Agreement. d. Copies of the County's written request and the insurance documents provided by Agency shall be attached to this Agreement and by this reference will be made part hereof. e. \Mtere insurance is requested by the County, all liability insurance policies shall be endorsed to include the County as an Additional lnsured and shall stipulate that the insurance afforded by the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, or risk retention trusts maintained or participated in by the Parties shall be excess and not contributory to any other insurance maintained by the County. Agency shallfurnish the County a certiticate of insurance with Endorsement as evidence that the required policies are in full force and effect. Section,S. Termination. The Gounty may, by written notice thereof to Agency, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Agency is in breach or default. Upon receiving such notice of termination, Agency shall, except as othenrvise directed by the County, immediately slop performing the Services to the extent specified in the notice. ln the event the County terminates the Agency's Services, the Agency is obligated and hereby agrees to refund to the Coung all monies paid for Services not yet rendered by the Agency, if any, as of the date of the notice of termination. Section 9. Miscellaneous. a. Agency shall not (by contract, operation of law or otherwise) assign this Agreement or any right or interest in this Agreement without the County's prior written consent. b. This Agreement embodies the entire Agreement between the County and Agency, and supersedes any and all prior oral or wriften communications, proposals, conditions, promises, representations, or understandings regarding the Services. No change, amendment or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to the Agreement signed by both parties. Notice for any purpose under this Agreement, except service of process, shall be given by the Agency to the Kittitas County Auditor, % Law & Justice Council 205 W. 5h Ave. Ste. 105, Ellensburg, WA 98926. For all purposes under this Agreement, any c 202A Lsw & tustice Council Funding Agreement Page 4 notice by the County to the Agency shall be given to the Agency's address provided on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class. postage prepaid, certified mail, retum receipt requested. d. fhe section and paragraph headings of this Agreement are for reference convenience only and are not intended to restrict, affect or be of any weight in interpreting or construing the provisions of such sections or paragraphs. e. This Agreement may be executed in one or more counterparts and by facsimile, each of which will be deemed an original, but all of which together will constitute one and the same instrument. f. Agency warrants to lhe County that the individual signing on Agency's behalf has the requisite power and authority to enter into and to perform Agency's obligations under this Agreement. Agency further warrants to the County that Agency has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect Agency's ability to perform its obligations under this Agreement. g. 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 the 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 severable. h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. KITfITAS COUNTY BOARD OF COUNTY COMMISSIONERS Chair Vice Chair Commissioner ATTEST Julie Kjorsvik, Clerk ol the Board or Mandy Buchholz, Deputy Clerk of the Board APPROVED AS TO FORM Deputy KITTITAS .COUNTY PROSECUTOR :. -.] ls {!ri{ t ".lt{V#lr vl $*" WJ'r S-if I,l3 It .."1'i/ [City, Sta]e, Zipl6r)(l -_l t,r'1 -''t;t ,lI .t /-,''l" [elephone] Prosecuting 2A2O Low & tustice Cauncil Funding Agreement Page 5 Attorney BOARD OF COUNTY COM}IISSIONERS COUNTY OT'KITTITAS STATE OF WASHINGTON RSs,orgTroN No.zore--../+?b RESOLUTION AWARDING FUNDING FOR GRANTS PURSUANT TO LAW AND JUSTICE COUNCIL RECOMMENDATIONS ON SPtrNDING OF UIOTH OF IOT\ SALES TAX RESERVES WHEREAS: The Kittitas County Law and Justice Council met at their regularly scheduled meeting on August 5,2A19, and voted unanirnously to approve the below described funding recommendations; and WHEREAS: These expenditures shail be made from the lll0'h of l% sales tax reserve account established by the Board of County Comrnissionem for spending on special projects to fostsr coope*ation, sharing of rcsowces and enhancement of criminal justice projects within Kittitas County; and WHEREAS: Funding is to be made available January l, 2020 upon approval of this resolution unloss indicated as urgent * which will be available upon approval; and WIIEREAS: The amount available for2020 grants is approximately $60,000.00; and WHEREAS: Estimated balance in the grant flrnds is approximately $145,006.78 after 2019 Grant obligations and maintaining $50,000.00 in reserve for the Range Project, and WIIEREAS: The grants dessribed below are recommended for approval. NOW' THEREFORE BE IT RESOLVED: That the Kittitas County Board of Commissioners hereby adopts the following funding recommendations as made by the Kittitas County Law and Justice Council and these expenditwes shall be made from the 1/lOtn of loh sales tax reserve account. 20-1 KNTTTAS CO. CORRECTION$ Cellsense Plus Detection Systern st3,089.93 2A-2 Court Advocates for Children for Kittitas County (CASA) Prevention & Public Awareness Training& Screen $3500 and Advertising $1000 S 4,500.00 2A-3 KITTITAS CO. PROSHCU'rOR Child Forensic Interviewing Room Recording Systern $5,988.60 and $4,697 for Necessary furniture (as listed on Application) 2A-4 KITTITAS CO. SEARCH & RESCUE Winter Track System for side by side *20-5 KITTITAS CO. SHERTFF'S OFFTCE (FOR JLJDGES to have fuU time access for electrpnic or telephonic search warrants) Two Laptop computers 20-6 HOPESO[JRCE Scholarships for after school activities z0:t KTTTMAS POLICE DEPARTMENT Four Ballistic Vqst Plates 20-t UPPER CO. DISTRICT COURT Projector and Document Camera 2A-9 KITTITAS CO. PUBLIC HEALTH Childhood I"f *V Prevention Program (car seats, helmets, training) 20-10 Fire District #1 Traftic Safety Equipment listed (cones, signs, lights) 20-ll KITTITAS CO. EVEtfT CDNTER Two AEDs with cabinets 2A-12 KITTMAS CO. SI{ERIFF'S OFFICE Defensive Tactics Training equiprnent (as listed on application) 20-t3 YOUTH SERVICES OF KITTITAS COLINTY Program Support as listed on application (exctuding Recruiting Advertisemerrt Videos) $10,685.60 $ 6,058.00 $ 3,356.07 $ 2,500.00 $ 1,400.00 $ 2,000.00 $ 1,000.00 s s00.00 $ 3,600.00 $ 3,987.90 $ 5,000.00 ADoprED 6r;, I *lla uy ofuMn 'fotal Grants awarded: ilt,It, $57,677.50 BOARD OF COUNTY COMMISSIONERS KITTIT couNTYn WASHINGTON APPROVED AS TO FORM: t a rtJ Douglas Mitchell, N \ Atomev gdit"ri,,of the Board- Julie Kjorsvik tr Deputy Clerk of the Board- Mandy Buchholz