HomeMy WebLinkAboutRodeo City KiwanisLAW & JUSTICE GRANT AGREEMENT
FOR 2021 GRANT FUNDS
BETWEEN KITTITAS COUNTY AND RODEO CITY KIWANIS
Grant #21-01
This Contract, effective January 1, 2021 is made and entered into by and between KITTITASCOUNry ("County"), a subdivision of the State of Washington, and RODEO ClTy KIWANIS (Agency).
WHEREAS, the purpose of this Agreement is to provide an agreement forthe award of grant funds,which are used for special projects to foster cooperation, sharing oi ,esorrces and enhancement of thecriminaljustice project within Kittitas County, and
WHEREAS, on December 1't, 2020, the Board of County Commissioners adopted Resolution2020-202 awarding the funds.
NoW THEREFORE, in consideration of the terms and conditions contained herein, or attachedand incorporated and made a part hereof, the County and the ngency ruiu"rrv agree as follows:
.
a' As full compensation for the Agency's Services, the County agrees to pay Agency the sum of ThreeThousand Dollars and No Cents dollars ($3OOO;. The Agency is eligible io ctaim reimbursement forthe following items and amounts only:
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 req-'uest is Novemb er 27, 2021, after thisdate funds lapse.
c' Requests for reimbursements will need to be completed using the prescribed reimbursement formand must be submitted to:
Kittitas County Auditor
Attn: Auditor's Accounting
205 West 5th Ave - Suite 105
Ellensburg, WA 98926
a uditorsaccountine@co.kittitas.wa.us
a' Agency shall not (by contract, operation of law or otheruvise) delegate or subcontractperformance of any Services to any other person or entity without the irior written consent of theCounty Any su-ch delegation or subcontracting without the County', prio]. written consent shall bevoidable at the County,s option.
Amount Details
$3000 Contribution to
Memorial Park
millfoil removal at Rvan Thompson
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b' Agency shall at all times be an independe.nt Agency and not an agent or representative of the Countywith regard to performing the Services. Ageniy shall not repres6nt that it is, or hold itself out as, anagent or representative of the County. ln no event shall Agency be authorized to enter into anyAgreement or undertaking for or on behalf of the County. lt i-s understood that the Agency and theAgency's staff and employees are not employees of thb County and are not, therefJre, entiiled toany benefits provided employees of the Couniy.
c' Agency shall comply with all applicable laws, ordinances, rules, regulations, orders, licenses,permits, and other requirements, now or hereafter in effect, of any gou"rir"ntal authority (including,but not limited to, such requirements as may be imposed upJn 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 requiied to be incorporated into agreements ofthis character are incorporated into this Agreement by ihis referen"". nj.n.y agrees to obtain allrequired licenses and permits, and further agrees to keep them in full fJrce and effect during theterm of this Agreement.
d' T.he County and the Agency agree that in fulfilling the terms and conditions of this Agreement neithershall discriminate on the basis of race, creed, color, national origin, age, sex, marital status, or thepresence 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 theCounty's making..(orfailure or delay in making) such inspection or approvalshall not retieve Ag"nr'of its responsibility to perform the ServiceJ.in accord with this Ajreement, notwithstandin-g theCounty's knowledge of defective or non-complying performance, o-r the substantiality or eaie ofdiscovering the same. Agency shall provide inb County with su*icient, safe, and prop"," tacltitiesand 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 promply furnish theCounty or its designee, or such Federal or State auditorwith such infirmition related to the Servicesa9 fay be requesleci by the appiicable governmental entity. Agency shall preserve and maintainall financial records and records relating to performance oi Servicei under this Agreement for six(6) years after contract termination. For such duration after the County makes flnal payment ofcompensation due hereunder, Agency shall provide the County access to (and tne iounty snalhave 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 andaccounting of all state, federal, social security, and localtaxes, of every nature, arising from Age"ncy,sperformance of this Agreement. All compensation received by the Ad;t will be reporteJ to thelnternal Revenue Service at the end of the calendar year in accoid with t6e aiplicable IRS regulations.
4. Re lndemnitu.and Hold Ha less.
The County assumes no liability for the Agency's actions under this Agreement. Agency releases andshall defend, indemniflT, and hold harmbsl the County, its offIcers and employees, agents,representatives, attorneys and/or volunteers, fro11 and againsi all claims, costs, liabilities, oamages, anoexpenses, (including, but not limited to, reasonable attorney fees) which arise or may arise or be allegedto arise out of or by reason of this Agreement including:
' Aly fault, negligence, strict liability or product liability of Agency in connection with the Services forthis Agreement;
2027 Low & tustice 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 oi hereafter in effect, of anygovernmental authority; or
. Any breach of or default under this Agreement by Agency.
5.with blic Law.
a' ln compliance with Washington's public records law, the County will retain copies of any documentsassociated with this Agreement,.which may be required by law unless legally """rit from suchretention, 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 thisAgreement, should legal uncerta.inty arise regarding the disclosability of any documents underfederal or state public records laws, the_ Qounty ihall provide notLe to Agency pursuant toWashington's public records act, chapter 42.56 niw, to aliow ngency tt seek icourt inlunction.
c' The County specifically shall not be liable to Agency for the County's release under public recordslaws of any documents not protected by traderiark, copyright or other law.
\Mth respect to performance. of this Agreement and as to any claims against the county, its Additionallnsureds, officers, a,oe1!s and employeeg, t.n.e Agency expressly waives its immunity under Tiile s1 of theRevised Code of washington, the lndustrial lnsuJance Ait, for i'n;uries to Ag"n.y,, employees and agreesthat the obligations to indemnify, defend and hold harmless provided in this lgreement extend to any claimbrought by or on behalf of any employee of the Agency. Thiswaiver is mutually negotiated by the partiesto this Agreement.
Section 7. lnsurance and Endorsements.
a' The County.m?y 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 specifiedby the County.
b' Such liability insurance shall be such as will protect Agency, its employees, agents andrepresentatives, from all claims, losses, harm, costs, liabilitiesl damages and expenses arising outof personal iljury (including death) or property damage that may re-sult from perforr"n." of theServices or this Agreement, whether such performancels by Agency or any of its employees, agentsor representatives.
c' Should the County require such liability insurance, the Agency agrees to provide proof of insuranceprior to commencing performance of this Agreement.
d' Copies of the County's written request and the insurance documents provided by Agency shall beattached to this Agreement and by this reference will be made part heieof.
2027 Law & lustice Council Funding Agreement page 3
e' where insurance. is requested by the county, all liability insurance policies shall be endorsed toinclude the county as an Additiohal lnsured lnd shall stipulate that the in.rrrn." afforded by thepolicies shall be primary insurance, and that any insurance, self-insured retention, deductibles, orrisk retention trusts maintained or participated in-by the Parties shall be excess and not contributoryto any other insurance maintained by the counJv
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Agency shall furnish the county a certificate ofinsurance with Endorsement as evidence that tn'e req;iredpolicies are in fuil torce and effect.
8. Term
The County may, by written notice thereof to Agency, terminate this Agreement as to all or any portion ofthe services not yet performed, whether or not Ag"*y is in breach or difault. Upon receiving such noticeof termination, Agency shall, except as othenrvis"lir".t"o by the_ county, immediately stop performing theservices to the extent specified in the notice. ln the event ihe county ierminates the Agency,s services,the Agency is obligated and hereby agrees to refund to the County
"rr
roni". paid for Services not yetrendered 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 othenryise) assign this Agreement or any right orinterest in this Agreement without the County's prior written consent.
b' This Agreement embodies the entire Agreement between the County and Agency, and supersedesany and all prior oral or written communications, proposals, conditions, promises, representations, orunderstandings regarding the Services. No change, amendment or modification of
'any
lrovision otthis Agreement shall be valid unless set forth in i written amendment to the Agreement signed byboth parties.
c' Notice for any purpose under this Agreement, except^service of process, shall be given by theAgency to the Kittitas county Auditor, % Law & Justice Councit 205 t/v. $ nu". st". 1od'Li;rsburg,WA 98926' For all purposes under this Agreement, any notice by the County to the Agency shall begiven to the Agency's address provided onlhe signature page. Notice may be given by delivery or bydepositing in the u.S. Mail, first class, postage pr6paid, certiied mail, return receipt requested.
d' The section and paragraph headings_of this Agreement are for reference convenience only and arenot intended to restrict, affect or be of any weignt in interpreting or co;slruing the provisions of suchsections or paragraphs.
e' This Agreement may be executed in one or more counterparts and by facsimile, each of which willbe deemed an original, but all of which together will constitute one an-d tne same instrument.
f' Agency warrants to the County that the individual signing on Agency's behalf has the requisite powerand authority to enter into and to.perform Agenc-y's 6otigriiont uno"r this Agreement. Agencyfurther warrants
19 tf,." County that Agency naimao'e no misrepresentation or misleading statementin connection with this Agreement, and is not in violation dr rnv appticable law, ordinance, orregulation the consequence of which will or may materially affeci Ajency's ability to perform itsobligations under this Agreement.
g' lf any term or. condition of this Agreemenl or the application thereof to any person(s) or circumstancesis held invalid,.such invalidity shall not affect the ot'her terms, conditions'or applications which can begiven effect without the invalid term, condition or application. To this end, the terms and conditions ofthis Agreement are declared severable.
2027 Law & lustice Council Funding Agreement poge 4
h
KITTITAS COUNTY
BOARD OF
Chair
Vice C
The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be inKittitas County, State of Washington.
ERS RODEO CITY KIWANIS
*fq.r, uol Qar"e14D.
Namel
4
Commissioner tp lt l) I triuel
lAdd ut "t[City, State, Zip]
f -866 -507 f
[Telephone]
Board or
, Deputy Clerk of the Board
APPROVED AS TO FORM
Deputy Prosecuting Attorney
2027 Low & tustice Council Funding Agreement Page 5