HomeMy WebLinkAboutCourthouse SecurityLAW & JUSTICE GRANT AGREEMENT
FOR 2021 GRANT FUNDS
BETWEEN KITTITAS COUNTY AND KITTITAS CO COURTHOUSE SECURITY
Grant #21-04
This Contract, effective January 1, 2021 is made and entered into by and between KITTITAS
999NTY ("County"), a subdivision of the State of Washington, and KITTI1AS CO COURTHOUSE
SECURITY (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 enhanceirent 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. Scope of Work and Pavment.
a As full compensation for the Agency's Services, the County agrees to pay Agency the sum of Three
Thousand six Hundred seventeen Dollars and Fifty Five cents dollars ($got7.s5). The Agency is
eligible to claim reimbursement for the following items and amounts only:
Amount Details
$3617,55 Two Ballistic Shields
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 27,2021, 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 othenryise) delegate or subcontractperformance of any Services to any other person or entity without the prior written consent of theCounty. Any such delegation or subcontracting without the County's prior written consent shall be
voidable at the County's option.
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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, entiiled to
any benefits provided employees of the County.
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.
b.
c
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.
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 eaie 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 ihe 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, indemnify, 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;
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2027 Law & tustice Council Funding Agreement Page 2
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 anygovernmental authority; or
Any breach of or default under this Agreement by Agency.
Section 5. Gomoliance Public 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 underfederal 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 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 other law.
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 1l immunity unOei tile S1 of the
Revised Code of Washington, the lndustrial lnsurance Act, for injuries to Agency'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.
Section 7. lnsurance and Endorsements
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 eipenses arising outof personal injury (including death) or property damage that may result from performance of the
Services or this Agreement, whether such performance is by Ageniy 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
2027 Low & lustice Council Funding Agreement poge 3
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e. Where insurance is requested by the County, all liability insurance policies shall be endorsed toinclude the County as an Additional lnsured and shall stipulate that fhe insurance 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 County. Agency shall furnish the County a certificate of
insurance with Endorsement as evidence that the required policies are in full force ind effect.
Section 8. Termination.
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 default. Upon receiving iuch notice
of termination, Agency shall, except as otherwissdirected by the County, immediately stop p[rforming the
Services 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 ill monies paid for-Services not yet
rendered by the Agency, if any, as of the date of the notice of termination.
Section 9. M iscellaneous.
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 supersedes
any and all prior oral or written communications, proposals, conditioni, promiies, representations, orunderstandings 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 byboth parties.
c. Notice for any purpose under this Agreement, except service of process, shall be given by theAgency to the Kittitas County Auditor, o/o Law & Justice Council 205 W. 5th Ave. Ste. 1O5l Ellens-burg,
WA 98926. For all purposes under this Agreement, any notice by the County to the Agency shall bLgiven to the Agency's address provided on the signature page. Notice may be given Oy-Oetivery or Oy
depositing in the U.S. Mail, flrst class, postage prepaid, certified mail, return receipt requested.
d. 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 provisioni 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 an-d the same instrument.
f. 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 statementin connection with this Agreement, and is not in violation of any applicable law, oriinance, or
regulation the consequence of which will or may materially affeci 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 oi applications which can begiven effect without the invalid term, condition or application. To this end, the terms and conditions of
this Agreement are declared severable.
2027 Law & tustice Council Funding Agreement page 4
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KITTITAS COUNTY
BOARD COUNTY MMISSIONERS
Commissioner tp ltln
J of Board or
M andy
APPROVED AS TO FORM
Deputy Prosecuting Attorney
KITTITAS CO COURTHOUSE SECURITY
The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in
Kittitas County, State of Washington.
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[Print Name-]
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[Address] soTw.uM?IAf!!l{!P,-
EIIENSBURO' WA 9802C
[City, State, Zip]q- q l{il -'\s)smI
'B0ctiholz, Deputy Clerk of the Board
[Telephone]
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