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Home My WebLink About21-02 Kittitas County Public HealthLAW &JUSTICE GRANTAGREEMENT FOR 2021 GRANT FUNDS BETWEEN KITTITASCOUNTYAND KITTITASCOUNTYPUBLIC HEALTH Grant #21-02 This Contract,effective January 1,2021 is made and entered into by and between KITTITASCOUNTY("County"),a subdivision of the State of Washington,and KITTITAS COUNTY PUBLIC HEALTH(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 thecriminaljusticeprojectwithinKittitasCounty,and WHEREAS,on December 16*,2020,the Board of County Commissioners adopted Resolution2020-202 awarding the funds. NOW THEREFORE,in consideration of the terms and conditions contained herein,or attachedandincorporatedandmadeaparthereof,the County and the Agency mutually agree as follows: Section 1.Scope of Work and Payment a.As full compensation for the Agency's Services,the County agrees to pay Agency the sum of OneThousandNineHundredNinetyDollarsandNoCentsdollars($1990).The Agency is eligible toclaimreimbursementforthefollowingitemsandamountsonly: Amount Details $1990 Childhood injury Prevention Program (car seats,helmets, training). b.Services/Expenses that are reimbursed must be dated during the current year on or before October31,2021 and final date to submit your reimbursements request is November 27,2021,after thisdatefundslapse. c.Requests for reimbursements will need to be completed using the prescribed reimbursement formandmustbesubmittedto: Kittitas County Auditor Attn:Auditor's Accounting 205 West 5th Ave -Suite 105 Ellensburg,WA 98926 auditorsaccounting@co.kittitas.wa.us Section 3.Performance by Aqency. a.Agency shall not (by contract,operation of law or otherwise)delegate or subcontractperformanceofanyServicestoanyotherpersonorentitywithoutthepriorwrittenconsentoftheCounty.Any such delegation or subcontracting without the County's prior written consent shall bevoidableattheCounty's option. 2021 Law &Justice Council Funding Agreement Page 1 b.Agency shall at all times be an independent Agency and not an agent or representative of the CountywithregardtoperformingtheServices.Agency shall not represent that it is,or hold itself out as,anagentorrepresentativeoftheCounty.In no event shall Agency be authorized to enter into anyAgreementorundertakingfororonbehalfoftheCounty.It is understood that the Agency and theAgency's staff and employees are not employees of the County 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 toServices).Agency shall furnish such documents as may be required to effect or evidence suchcompliance.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 allrequiredlicensesandpermits,and further agrees to keep them in full force and effect during thetermofthisAgreement. d.The County and the Agency agree that in fulfilling the terms and conditions of this Agreement neithershalldiscriminateonthebasisofrace,creed,color,national origin,age,sex,marital status,or thepresenceofaphysical,sensory,or mental handicap. e.The Services shall at all times be subject to inspection by and approval of the County,but theCounty's making (or failure or delay in making)such inspection or approval shall not relieve AgencyofitsresponsibilitytoperformtheServicesinaccordwiththisAgreement,notwithstanding theCounty's knowledge of defective or non-complying performance,or the substantiality or ease ofdiscoveringthesame.Agency shall provide the County with sufficient,safe,and proper facilitiesandequipmentforsuchinspectionandfreeaccesstosuchfacilities. f.This contract is subject to review by any Federal or State auditor.Agency shall promptly furnish theCountyoritsdesignee,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 ofcompensationduehereunder,Agency shall provide the County access to (and the County shallhavetherighttoexamine,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 andaccountingofallstate,federal,social security,and local taxes,of every nature,arising from Agency'sperformanceofthisAgreement.AII compensation received by the Agency will be reported to theInternalRevenueServiceattheendofthecalendaryearinaccordwiththeapplicableIRSregulations. Section 4.Release,Indemnity,and Hold Harmless. The County assumes no liability for the Agency's actions under this Agreement.Agency releases andshalldefend,indemnify,and hold harmless the County,its officers and employees,agents,representatives,attorneys and/or volunteers,from and against all claims,costs,liabilities,damages,andexpenses,(including,but not limited to,reasonable attorney fees)which arise or may arise or be allegedtoariseoutoforbyreasonofthisAgreementincluding: •Any fault,negligence,strict liability or product liability of Agency in connection with the Services for this Agreement; 2021 Law &Justice Council Funding Agreement Page 2 •Any lien asserted upon any property of the County in connection with the Services for thisAgreement; •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 anygovernmentalauthority;or •Any breach of or default under this Agreement by Agency. Section 5.Compliance with Public Records Law. a.In compliance with Washington's public records law,the County will retain copies of any documentsassociatedwiththisAgreement,which may be required by law unless legally exempt from suchretention,for any applicable legally required retention period. b.In the event a public records request is made to the County for documents created in relation to thisAgreement,should legal uncertainty arise regarding the disclosability of any documents underfederalorstatepublicrecordslaws,the County shall provide notice to Agency pursuant toWashington'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 County's release under public recordslawsofanydocumentsnotprotectedbytrademark,copyright or other law. Section 6.Industrial Insurance Waiver. With respect to performance of this Agreement and as to any claims against the County,its AdditionalInsureds,officers,agents and employees,the Agency expressly waives its immunity under Title 51 of theRevisedCodeofWashington,the Industrial Insurance Act,for injuries to Agency's employees and agreesthattheobligationstoindemnify,defend and hold harmless provided in this Agreement extend to any claimbroughtbyoronbehalfofanyemployeeoftheAgency.This waiver is mutually negotiated by the partiestothisAgreement. Section 7.Insurance and Endorsements. a.The County may require through a request in writing that the Agency provide the County with acertificate,binder,or policy of liability insurance,acceptable to the County in an amount specifiedbytheCounty. b.Such liability insurance shall be such as will protect Agency,its employees,agents andrepresentatives,from all claims,fosses,harm,costs,liabilities,damages and expenses arising outofpersonalinjury(including death)or property damage that may result from performance of theServicesorthisAgreement,whether such performance is by Agency or any of its employees,agentsorrepresentatives. c.Should the County require such liability insurance,the Agency agrees to provide proof of insurancepriortocommencingperformanceofthisAgreement. 2021 Law &Justice Council Funding Agreement Page 3 d.Copies of the County's written request and the insurance documents provided by Agency shall beattachedtothisAgreementandbythisreferencewillbemadeparthereof. e.Where insurance is requested by the County,all liability insurance policies shall be endorsed toincludetheCountyasanAdditionalInsuredandshallstipulatethattheinsuranceaffordedbythepoliciesshallbeprimaryinsurance,and that any insurance,self-insured retention,deductibles,orriskretentiontrustsmaintainedorparticipatedinbythePartiesshallbeexcessandnotcontributorytoanyotherinsurancemaintainedbytheCounty.Agency shall furnish the County a certificate ofinsurancewithEndorsementasevidencethattherequiredpoliciesareinfullforceandeffect. Section 8.Termination. The County may,by written notice thereof to Agency,terminate this Agreement as to all or any portion oftheServicesnotyetperformed,whether or not Agency is in breach or default.Upon receiving such noticeoftermination,Agency shall,except as otherwise directed by the County,immediately stop performing theServicestotheextentspecifiedinthenotice,in the event the County terminates the Agency's Services,the Agency is obligated and hereby agrees to refund to the County all monies paid for Services not yetrenderedbytheAgency,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 orinterestinthisAgreementwithouttheCounty's prior written consent. b.This Agreement embodies the entire Agreement between the County and Agency,and supersedesanyandallpriororalorwrittencommunications,proposals,conditions,promises,representations,orunderstandingsregardingtheServices.No change,amendment or modification of any provision ofthisAgreementshallbevalidunlesssetforthinawrittenamendmenttotheAgreementsignedbybothparties, c.Notice for any purpose under this Agreement,except service of process,shall be given by theAgencytotheKittitasCountyAuditor,%Law &Justice Council 205 W.5l"Ave.Ste.105,Ellensburg,WA 98926.For all purposes under this Agreement,any notice by the County to the Agency shall begiventotheAgency's address provided on the signature page.Notice may be given by delivery or bydepositingintheU.S.Mail,first class,postage prepaid,certified mail,return receipt requested. d.The section and paragraph headings of this Agreement are for reference convenience only and arenotintendedtorestrict,affect or be of any weight in interpreting or construing the provisions of suchsectionsorparagraphs, e.This Agreement may be executed in one or more counterparts and by facsimile,each of which willbedeemedanoriginal,but all of which together will constitute one and the same instrument. f.Agency warrants to the County that the individual signing on Agency's behalf has the requisite powerandauthoritytoenterintoandtoperformAgency's obligations under this Agreement.AgencyfurtherwarrantstotheCountythatAgencyhasmadenomisrepresentationormisleadingstatement in connection with this Agreement,and is not in violation of any applicable law,ordinance,orregulationtheconsequenceofwhichwillormaymateriallyaffectAgency's ability to perform itsobligationsunderthisAgreement. 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 begiveneffectwithouttheinvalidterm,condition or application.To this end,the terms and conditions of2021Law&Justice Council Funding Agreement Page 4 this Agreement are declared severable. h.The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be inKittitasCounty,State of Washington. KITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY PUBLIC HEALTH Chair [Prin N Vice Chair [I ure] Commissioner [Title] [Adqlress] [City,State,ZipT [Telephone] ATTEST: Julie Kjorsvik,Clerk of the Board or Mandy Buchholz,Deputy Clerk of the Board APPROVED AS TO FORM: Deputy Prosecuting Attorney 2021 Law &Justice Council Funding Agreement Page 5