HomeMy WebLinkAboutKC Court Advocates for ChildrenLAW & JUSTICE GRANT AGREEMENT
FOR2O2l GRANT FUNDS
BETWEEN KITTITAS COUNTY AND COURT ADVOCATES FOR CHILDREN FOR KITTITAS
COUNTY
Grant #21-Og
This Contract, effective January 1, 2021 is made and entered into by and between KITTITAS
COUNTY ("County"), a subdivision of the State of Washington, and COURT ADVOCATES FOR
CHILDREN FOR KITTITAS COUNTY (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 December 1st, 2020, the Board of County Commissioners adopted Resolution
2020-202 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:
Section 1. Scooe of Work and Pavment-
a. As full compensation for the Agency's Services, the County agrees to pay Agency the sum of Seven
Thousand Seven Hundred Dollars and No Cents dollars ($7ZOO;. The Agency is eligible to claim
reimbursement for the following items and amounts only:
Amount Details
$7700 Prevention & Public Awareness Training & Screeninq
b. Services/Expenses that are reimbursed must be dated during the current year on or before October
31, 2021 and final date to submit your reimbursements request is November 21,2021, 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 Sth Ave - Suite 105
Ellensburg, WA 98926
a uditorsaccounting@co.kittitas.wa.us
Section 3. Performance bv 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 consent of the
County. Any such delegation or subcontracting without the County's prior written consent shall be
voidable at the County's option.
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b. Agency shall at all times be an independent Agency and not an agent or representative 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 County and are not, therefore, entifled 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
County'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, notwithstanOing tn6
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 ine 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 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 calendar year in accord with the applicable IRS regulations.
Section 4. Release. lndemnitv. and Hold Harmless.
The County assumes no liability for the Agency's actions under this Agreement. Agency releases andshall defend, indemnif,T, and hold harmless the County, its officers and employees, agents,
representatives, attorneys and/or volunteers, from and against all claims, costs, liabilities, damagei, 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;
a
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o 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.
Section 5. Gompliance 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
"*empt
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 uncertainty arise regarding the disclosability of any documents underfederal or state public records laws, the County ihatl provide notice to Agency pursuant toWashington's public records act, chapter 42.56 RCW, to aliow Agency to seek Jcourt injunction.
c. The County specifically shall not be liable to Agency for the County's release under public records
laws of any documents not protected by trademark, copyright or otfter law.
\Mth respect to performance of this Agreement and as to any claims against the County, its Additionallnsureds, officers, agenfs and employees, the Agency expressiy waives ii-s immunity unOer tile 51 of theRevised Code of Washington, the lndustrial lnsurance Ait, for injuries to Agency's employees and agreesthat the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any tlaimbrought by or on behalf of any employee of the Agency. Thiswaiver is mutualty negotiated by the iartiesto this Agreement.
Sectio n 7. lnsura and Endo nts
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 speci1ed
by the County.
b. Such liability insurance shall be such as will protect Agency, its employees, agents andrepresentatives, from all claims, losses, harm, costs, liabilities, damages and eipenses-arising outof personal injury (including death) or property damage that may result from performance oi tneServices or this Agreement, whether such performancels by Ageniy 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.
2027 Law & tustice Council Funding Agreement Page 3
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.
Where 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 thepolicies shall be primary insurance, and that any insurance, self-insured retention, deductiblei, 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 shall furnish the County a certificate of
insurance with Endorsement as evidence that the required policies are in full force and effect.
Section 8. T ermination.
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 Agency is in breach or dlfault. Upon receiving iuch notice
of termination, Agency shall, except as othenryise directed by the County, immediately stop p6rforming the
Services to the extent specified in the notice. ln the event the County ierminates the Agency's Services,
the Agency is obligated and hereby agrees to refund to the County ill monies paid foiServices not yet
rendered by the Agency, if any, as of the date of the notice of termination.
Section 9. Miscellaneous.
c.
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.
This Agreement embodies the entire Agreement between the County and Agency, and supersedes
any and all prior oral or written communications, proposals, conditions, promiies, 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, o/o Law & Justice Council 20S W. 5th Ave. Ste. 105I Ellens-burg,
WA 98926. For all purposes under this Agreement, any notice by the County to the Agency shall b"egiven to the Agency's address provided on the signature page. Notice may be given Oy Oetivery or ny
depositing in the U.S. Mail, first class, postage prepaid, certifled mail, return rec6ipt requested.
The 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.
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.
Agency warrants to the 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 statJmeniin connection with this Agreement, and is not in violation of any applicable law, orlinance, orregulation the consequence of which will or may materially affeci Agency's ability to perform its
obligations under this Agreement.
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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 oi applicitions which can begiven effect without the invalid term, condition or application. To this end, the ierms and conditions of
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this Agreement are declared severable.
The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be inKittitas County, State of Washington.
KITTITAS COUNTY
BOARD OF COUNTY ERS COURT ADVOCATES FOR CHILDREN FOR KITTITAS
COUNTY
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