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
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Wg rus*- w& 5r{ ?*t3
lCity, Stale, Zrpl6T){l *'.1 , .1 tr"4"1
{t./- l3 '--t r
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*
[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
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[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