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Home My WebLink AboutWSPLAW & JUSTICE GRANT AGREEMENT FOR 202{ GRANT FUNDS BETWEEN KITTITAS COUNTY AND WASHINGTON STATE PATROL Grant #21-Os This Contract, effective January 1, 2021 is made and entered into by and between KITTITAS C-OUNTY ("County"), a subdivision of the State of Washington, and WASHINGTON STATE PATROL(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 oJ resources and enhancement of thecriminaljustice project within Kittitas County, and WHEREAS, on December 1't, 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 attachedand incorporated and made a part hereof, the County and the Agency mutually agree as follows: Seetion 1. Scope of Wor( and pavment. a. As full compensation for the Agency's Services, the County agrees to pay Agency the sum of Ten Thousand Dollars and No Cents dollars ($10,000). The Agency is etigiUte to claim reimbursement for the following items and amounts only: Amount Details $10,000 WSP Ellensburg Detachment station im provements to accommodate alternative placement for Draeger BAC testirlg station 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 Novemb er 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 Srh Ave - Suite 105 Ellensburg, WA 98926 a udilqrsaccountine@co.kittitas.wa.uf Section 3. Performance bv Aqencv. a' Agency shall not (by contract, operation of law or otherwise) delegate or subcontractperformance of any Services to any other person or entity without the prior wlitten consent of theCounty. Any such delegation or subcontracting without the County's prior written consent shall bevoidable at the County's option. 2027 Low & tustice Council Funding Agreement Page 7 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, 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 orhereafterin 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 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, 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 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 Harmfe.ss. The County assumes no liability for the Agency's actions under this Agreement. To the extent allowed by law, 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 fort 2O27 Low & tustice Council Funding Agrcement Poge 2 a a a 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. Section 5. Compliance with Public Recprds 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 County's release under public records laws of any documents not protected by trademark, copyright or other law. Section 6. lndustfial lnsurance Waiver. 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 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. lnsurange 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 expenses arising out of personal injury (including death) or property damage that may result from performance of the Services orthis 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. 2027 Law & lustice Council Funding Agreement Page 3 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. e. \lfhere insurance is requested by the County, all liability insurance policies shall be endorsed toinclude 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, 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 ofinsurance with Endorsement as evidence that the required policies are in full force lnd 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 dlfault. Upon receiving iuch notice of termination, Agency shall, except as otherwise oirelteo by the County, immediately stop p6rforming theServices to the extent specified in the notice. ln the event [he County ierminates th; A&ncy's Services,the Agency is obligated and hereby agrees to refund to the County ill monies paid for-Se*i""s 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 otherwise) 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, promiles, iepresentations, orunderstandings regarding the Services. No change, amendment or modification of'any provision ofthis Agreement shall be valid unless set forth in I written amendment to the Agreement signed byboth parties. c. Notice for any purpose under this Ag-reement, except service of process, shall be given by theAgency to the Kittitas County Auditor, o/oLaw & Justice Council205iI/. 5th Ave. Ste. los] Elbnsturg, 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. wotice may be given Uy-Oetivery or Oydepositing in the U.S. Mail, first class, postage prepaid, cirtmeo mail, return rec6ipt reqlested. d. The section and paragraph headings_of this Agreement are for reference convenience onty and arenot intended to restrict, affect or be of any weight in interpreting or construing the provisioni 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 the same instrument. t. Agency warrants to the County that the individual signing on Agency's behalf has the requisite powerand authority to enter into and to perform Agency's ootlgations under this Agreement. niencyfurther warrants to the County that Agency haJmade no misrepresentation or mi-sleading 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 itsobligations under this Agreement. g. lf any term or condition of this Agreement or the application thereof to any person(s) or circumstancesis held invalid, such invalidity shall not affect the other terms, conditions bi appticatlons which can begiven effect without the invalid term, condition or application. To this end, the ierms and conditions of 2021 Low & tustice Council Funding Agreement page 4 this Agreement are declared severable. h. The exclusive venue folany action brought to enforce this Agreement or any of its terms shall be inKittitas County, State of Washington. KITTITAS COUNTY BOARD Commissioner ERS b A IPrint Name]Digitally signed by Bob Maki, CFE, Date: 202 1.05.1 4 07:48:41 -07'00' WASHINGTON STATE PATROL Robert Maki Bob Maki,CFE, CGFM ccrm [Signature] Chief Financial Officer I ITitle] PO Box 42602 I ugb.'- "t *.rf:\{ \\\\\llllll/rJ "NTY Cr ' ttt . ,,,,l'+,.'l^2'iei lAddresslOlympia WA 98504-2602 [City, State, Zip] m :Da [Telephone] Board or 'H uchholz, Deputy Clerk of the Board APPROVED AS TO FORM: Deputy Prosecuting Attorney 2027 Law & tustice Council Funding Agreement Page 5