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HomeMy WebLinkAboutL&J Grant AgreementsLAW & JUSTICE GRANT AGREEMENT FOR 2021 GRANT FUNDS BETWEEN Kittitas County and Juvenile Court Services Grant #21-06 This Contract, effective April 7th,2021 is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and Juvenile Court Services (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 April 7th, 2021, the Board of County Commissioners adopted Resolution 2021-O4B 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. As full compensation for the Agency's Services, the County agrees to pay Agency the sum of Two Thousand Three Hundred Fifty Six Dollars and Ninety Four Cents dollars ($2,356.94) The Agency is eligible to claim reimbursement for the following items and amounts only: Amount Details $2,356.94 Proxy Locks on Courtroom/Juvenile Court Services joint door and adjoining door between back stainrvay and Superior Court Chambers. 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 21,2021, afterthis 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 . Performance Aqencv. a 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 ,riritt"n consent of theCounty Any such delegation or subcontracting without the County', prio1. written consent shall bevoidable at the County's option. 2027 Law & lustice Council Funding Agreement Page 7 b. Agency shallat alltimes be an independentAgency 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 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. 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, notwithstanding the 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. This contract is subject to review by any Federal or State auditor. Agency shall prompfly 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 orwithout notice) all of Agency's books, documents, papers and records related to the Services or this Agreement. Agency understands and acknowledges that Agency is solely responsible for its own reporting and accounting of all state, federal, social security, and localtaxes, of every nature, arising from Agdncy,s performance of this Agreement. All compensation received by the Agency will be reporteO to t-ne lnternal Revenue Service at the end of the calendar year in accord with the applicable IRS regulations. d e f g Section 4-ease. lndemnitv- and H old 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, Iiabilities, damagei, and expenses, (including, but not limited to, reasonable attorney fees) which arise or may arise or bjalleged 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 forthis Agreement. a 2027 Law & Justice 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 any governmental authority; or 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. 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 irising outof personal injury (including death) or property damage that may reiult from performance of the Services or this Agreement, whether such performance is by Agency or any of its employees, agents or representatives. Should the County require such liability insurance, the Agency agrees to provide proof of insuranceprior to commencing performance of this Agreement a a a Any breach of or default under this Agreement by Agency Section 5. Comoliance 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 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. Sectio n 6. lndustrial lnsu 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 iG immunity under Tifle 51 of the Revised Code of Washington, the lndustrial lnsurance Act, for injuries to Agency's employees and agrees thatthe obligations to indemnify, defend and hold harmless provided in this Agreement extend to anyilaim brought by or on behalf of any employee of the Agency. This waiver is mutuaily negotiated by the parties to this Agreement. Section 7-Insurance and End rsements. b a c. 2027 Law & Justice Council Funding Agreement Poge 3 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. 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 the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, 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. Termination. The County may, by written notice thereof to Agency, terminate this Agreement as to allor any portion of the Services not yet performed, whether or not Agency is in breach or default. Upon receiving such notice of termination, Agency shall, except as othenvise directed by the County, immediately stop performing the Services to the extent specified in the notice. ln 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 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 otheruvise) 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, promises, 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 purpos_e under this Agreement, except service of process, shall be given by the Agency to the Kittitas County Auditor, o/o Law & Justice Council 205 W. Sth Ave. Ste. 105-, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Agency shall bl given to the Agency's address provided on the signature page. Notice may be given Oy Oetivery or Oy depositing in the U.S. Mail, first class, postage prepaid, certified mail, return receipt 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, ordinance, orregulation the consequence of which will or may materially affeci Agency's ability to perform itsobligations under this Agreement. e a b d e t 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 or applications which can begiven effect without the invalid term, condition or application. To this end, the ierms and conditions of 2027 Law & 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 in Kittitas County, State of Washington. KITTITAS GOUNTY BOARD OF TY ISSIO Juvenile Gourt Services \a"r..t -vs Chair ABSENT Vice Chai er erk Board or Buchholz, Deputy Clerk of the Board APPROVED AS TO FORM Deputy Prosecuting Attorney bli t pittel €t\s-7k>t IAdd'a , State,zipl [Telephone] J-- q7qr ofc 2027 Ldw & tustice Council Funding Agreement Poge 5 LAW & JUSTICE GRANT AGREEMENT FOR 2021 GRANT FUNDS BETWEEN Kittitas Gounty and Gle Elum Police Department Grant #21-07 This Contract, effective April 7th, 2021 is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and Cle Elum Police Department (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 April7'h,2021, the Board of County Commissioners adopted Resolution202l-048 awarding the funds. NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a parl 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 lhe sum of Two Thousand Dollars and No Cents dollars ($2,000). The Agency is eligible to claim reimbursement for the following items and amounts only: Amount Details $2000 Advance Scenario Munitions Training (car seats, helmets, training) 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 Aud itor Attn: Auditor's Accounting 205 West Sth Ave - Suite 105 Ellensburg, WA 98926 a uditorsaccou nti ng@ co. kittitj s. 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. 2027 Law & lustice Councll Funding Agreement Page X b. Agency shall at all times be an independentAgency 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. 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, 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 Gounty 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 withoul 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 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 for this Agreement. c a 2027 Law & Justice Council Funding Agreement Poge 2 a 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. a a Section 5. Gomoliance Public Records Law a. ln compliance with Washington's public records law, the County will retain copies of any documents associaled 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. lndustrial 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 indemnifu, 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 expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this 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 be attached to this Agreement and by this reference will be made part hereof. e. 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 the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, 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. Termination. The County may, by written notice thereof to Agency, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Agency is in breach or default. Upon receiving such notice of termination, Agency shall, except as otherwise directed by the County, immediately stop performing the Services to the extent specified in the notice. ln 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 yet rendered 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 or interest 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, conditions, promises, 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. c. 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 205 W. Sth Ave. Ste. 105, Ellensburg, WA 98926. For all purposes under this Agreernent, any notice by the County to the Agency shall be given to the Agency's address provided on the signature page. Notice may be given by delivery or by depositing in the U.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 are not intended to restrict, affect or be of any weight in interpreting or construing the provisions 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 and 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 statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect 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 or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of 2027 Ldw & Justice Council Funding Agreement Page 4 h this Agreement are declared severable. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. KITTITAS COUNTY BOARD OF NTY Chair ABSENT Vice C ssroner tt lts lzt \\tllllll,, NTY lie Kj o rk Board or Deputy Clerk of the Board lllililll APPROVED AS TO FORM Deputy Prosecuting Attorney Cle Elum Police Department e Bea ia-,^ Fl,'ck ISign rel Po l;cz O#fcLr [Title] ?oJ u/SeconJ S T [Address] r Io Elu m,wA ?gqzl [City, State, Zip] 5a? 67q ?q1 | [Telephone] ertraif i'c k [e-elun.V 2027 Law & tustice Council Funding Agreement Page 5 LAW & JUSTICE GRANT AGREEMENT FOR 2021 GRANT FUNDS BETWEEN Kittitas County and Kittitas Gounty Sheriff Grant #21-08 This Contract, effective April 71h, 2021 is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and Kittitas County Sheriff (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 of resources and enhancement of the criminaljustice project within Kittitas County, and WHEREAS, on April7th,2021, the Board of County Commissioners adopted Resolution202l-048 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 Seven Thousand Nine Hundred Ninety Five Dollars and Thirty Eight Cents dollars ($7,995.38). The Agency is eligible to claim reimbursement for the following items and amounts only: Amount Details $7,995.38 Law Enforcement Training & Preparedness 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 27,202'1', 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 ud itorsacco u nting (dco.kittitas.wa. us Section 3. Performance bv Aqencv. a. Agency shall not (by contract, operation of law or othenrvise) 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. 2027 Law & tustice Council Funding Agreement Page 7 b. Agency shall at alltimes be an independentAgency 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. In 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 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, 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 auditorwith 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 re[ated 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. lnd nitv. and Hold Harmless The County assumes no liability for the Agency's actions under this Agreement. 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 for this Agreement. a 2027 Low & lustice Council Funding Agreement Poge 2 a 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. a a Section 5. Compliance 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 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. lndustrial lnsurance Waiver. With respect to performance of this Agreement and as to any claims against the County, its Additional Insureds, offlcers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the lndustrial Insurance 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 expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this 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. 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 Lqw & tustice Council Funding Agreement Page 3 e. \y'Vhere 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 the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, 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 fullforce and effect. Section 8. Termination. The County may, by written notice thereof to Agency, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Agency is in breach or default. Upon receiving such notice of termination, Agency shall, except as othenadse directed by the County, immediately stop performing the Services to the extent specified in the notice. 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 yet rendered 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 or interest 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, conditions, promises, 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. c. 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 205 W. Sth Ave. Ste. 105, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Agency shall be given to the Agency's address provided on the signature page. Notice may be given by delivery or by depositing in the U.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 are not intended to restrict, affect or be of any weight in interpreting or construing the provisions 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 and 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 furtherwarrants to the County that Agency has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect 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 or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. 2027 Law & lustice Council Funding Agreement Poge 4 h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. KITTITAS COUNTY BOARD OF RS Kittitas County Sheriff /,T A Y .NAV FD S ABSENT [Print Name] (kaa/ hzzz.*, Vice Chair [Signafure] (/J6 n t Et; m er ta /t r / zt [Tile] 7t> V rg ut*t/i-tt ^tKh Afr \\\l!llllll'/l t r rY [Address] ELI-E^/Sn u tLb,t*t",4. q€q t-l [City, State, Zip] FDq W 16 t- ? -rL.? T Ct)[Telephone] the Board or , Deputy Clerk of the Board APPROVED AS TO FORM Deputy Prosecuting Attorney 2027 Law & lustice Council Funding Agreement Page 5 LAW & JUSTICE GRANT AGREEMENT FOR 2021 GRANT FUNDS BETWEEN Kiftitas Gounty and Kittitas County Sheriff Grant #21-09 This Contract, effective April 7th, 2021 is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and Kittitas County Sheriff (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 April 7th,2021, the Board of County Commissioners adopted Resolution2O2l-048 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 One Thousand Five Hundred Seventy Nine Dollars and Seventy Two Cents dollars ($1,579.72). The Agency is eligible to claim reimbursement for the following items and amounts only: Amount Details $1,579.72 Safety Restraint 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 ud itorsaccou nti ne@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. 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 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, 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 auditorwith 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 orwithout notice) allof 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 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 for this Agreement. a 2027 Law & tustice Council Funding Agreement Page 2 a a Any lien asserted upon any property of the Gounty 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 Agencya 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 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. lndustrial lnsurance Waiver. With respect to performance of this Agreement and as to any claims against the County, its Additional Insureds, officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial 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. 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 or this 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. 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. a 2027 Law & tustice Council Funding Agreement Page 3 e. 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 the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, 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 fullforce and effect. Section 8. Termination. The County may, by written notice thereof to Agency, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Agency is in breach or default. Upon receiving such notice of termination, Agency shall, except as otherwise directed by the County, immediately stop performing the Services to the extent specified in the notice. 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 yet rendered 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 othennrise) assign this Agreement or any right or interest 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, conditions, promises, 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. c. Notice for any purpose under this Agreement, except service of process, shall be given by the Agency to the Kittitas County Auditor, % Law & Justice Council205 W. 5th Ave. Ste. 105, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Agency shall be given to the Agency's address provided on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid, certifled 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 provisions 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 and 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 furtherwarrants to the County that Agency has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect 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 or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. 2027 Law & lustice Council Funding Agreement Page 4 h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. KITTITAS COUNTY BOARD OF co Kiftitas County Sheriff -t,Lq^^ fh'{a,r.- S Chair [Print Namep (l-.- zffitz&ttr z ( ABSENT Vice Cha mmrssroner u/t5 Board or olz, Deputy Clerk of the Board APPROVED AS TO FORM Deputy Prosecuting Attorney [Address] Erdib6ili{ili,Iiiift lsignatrfrel : Sl^e/ i Ff- z I [Tile] [City, State, Zip]SA'/--t lp:.-.t st f x [Telephone] 2O27 Low & lustice Council Funding Agreement Page 5 LAW & JUSTICE GRANT AGREEMENT FOR 2021 GRANT FUNDS BETWEEN Kittitas County and Kittitas Valley Event Center Grant #21-10 This Contract, effective April 7th, 2021 is made and entered into by and between KITTITAS COUNry ("County"), a subdivision of the State of Washington, and Kittitas Valley Event Center (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 of resources and enhancement of the criminaljustice project within Kittitas County, and WHEREAS, on April 7th,2021, the Board of County Commissioners adopted Resolution 2021-048 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 Thifi Four Thousand Two Hundred Seventy Seven Dollars and No Cents dollars ($34,277). The Agency is eligible to claim reimbursement for the following items and amounts only: Amount Details $34,277 Securitv Svstem 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 aud itorsaccounting@co. kittitas.wa.us Section 3. Performance bv Agencv. 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. 2027 Law & Justice Council Funding Agreement Poge 7 b. Agency shall at alltimes 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 or hereafter in effect, of any governmentalauthority (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, 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 localtaxes, 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 calendaryear 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 and shall defend, indemniff, 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 for this Agreement. 2027 Law & Justice Council Funding Agreement Pdge 2 o 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 Agencya Section 5. Compliance 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 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. lndustrial 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 indemniflT, 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 expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this 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. 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 Law & Justice Council Funding Agreement Poge 3 e. 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 the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, 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. Termination. The County may, by written notice thereof to Agency, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Agency is in breach or default. Upon receiving such notice of termination, Agency shall, except as otherwise directed by the County, immediately stop performing the Services to the extent specified in the notice. ln 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 yet rendered 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 or interest 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, conditions, promises, 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. c.Notice for any purpose under this Agreement, except service of process, shall be given by the Agency to the Kittitas County Auditor, o/oLaw & Justice Council205 W 5th Ave. Ste. 105, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Agency shall be given to the Agency's address provided on the signature page. Notice may be given by delivery or by depositing in the U.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 are not intended to restrict, affect or be of any weight in interpreting or construing the provisions 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 and 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 statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect 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 or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. 2027 Low & Justice Council Funding Agreement Page 4 h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. KITTITAS COUNTY BOARD OF Kittitas Valley Event Gentertss t Chair lPri Na ABSENT Vice Chair U Commissioner La I tslzt [Tite] UU rk e Board or Mandy Buchholz, Deputy Clerk of the Board APPROVED AS TO FORM Deputy Prosecutin g Attorney [City, State, Zip]Lwq) ? t"a -7 t-7 r lsi n ?r1 [Address q )Teleph6nel leck, 2027 Law & tustice Council Funding Agreement Poge 5 LAW & JUSTICE GRANT AGREEMENT FOR 2021 GRANT FUNDS BETWEEN Kittitas Gounty and Kittitas County Sheriff Grant #21-11 This Gontract, effective April 7th, 2021 is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and Kittitas County Sheriff (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 April 71h,2021, the Board of County Commissioners adopted Resolution2O2l-048 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. As full compensation for the Agency's Services, the County agrees to pay Agency the sum of Three Thousand Seven Hundred Dollars and No Cents dollars ($3,ZOO;. The Agency is eligible to claim reimbursement for the following items and amounts only: Amount Details $3,700 Forensic Exam Computer 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 ud itorsaccounting @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. 2027 Law & tustice Council Funding Agreement Page 7 b. Agency shall at alltimes be an independentAgency 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. In 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 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, 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 auditorwith 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 Harmless. The County assumes no liability for the Agency's actions under this Agreement. 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 for this Agreement. a 2027 Law & tustice Council Funding Agreement Page 2 a a 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 Agencya 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 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. lndustrial 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. lnsurance and Endorsements. 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 fincluding death) or property damage that may result from performance of the Services or this 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. 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 Law & lustice Council Funding Agreement Poge 3 e. 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 the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, 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 futl force and effect. Section 8. Termination. The County may, by written notice thereof to Agency, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Agency is in breach or default. Upon receiving such notice of termination, Agency shall, except as otherwise directed by the County, immediately stop performing the Services to the extent specified in the notice. 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 yet rendered 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 or interest 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, conditions, promises, representations, or understandings regarding the Seruices. 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. c. Notice for any purpose under this Agreement, except service of process, shall be given by the Agency to the Kittitas County Auditor, o/oLaw & Justice Council205 W. 5th Ave. Ste. 105, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Agency shall be given to the Agency's address provided on the signature page. Notice may be given by delivery or by depositing in the U.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 are not intended to restrict, affect or be of any weight in interpreting or construing the provisions 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 and 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 furtherwarrants to the County that Agency has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect 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 or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. 2027 Law & lustice Council Funding Agreement Page 4 h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. KITTITAS COUNTY BOARD OF COUNTY Chair ABSENT Vice Chair ner Kiftitas County Sheriff f.lar' {huqa-q [Print Namte]q- lsig ITitle] fi nmAS @ut{TY gt{EnlFru nnnr [Address] W [City, State , Zip] "-L-.'' - 50q-qbr-l \)f [Telephone]lL Clerk Board or Mandy Buchholz, Deputy Clerk of the Board APPROVED AS TO FORM: Deputy Prosecuting Attorney 2027 Ldw & lustice Council Funding Agreement Page 5 LAW & JUSTICE GRANT AGREEMENT FOR 2021 GRANT FUNDS BETWEEN Kittitas County and Kittitas County Sheriff Grant #21-12 This Contract, effective April 7th, 2021 is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and Kittitas County Sheriff (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 April 7th,2021, the Board of County Commissioners adopted Resolution 2021-048 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. As full compensation for the Agency's Services, the County agrees to pay Agency the sum of One Thousand Six Hundred Fifty Three Dollars and No Cents dollars ($1,653). The Agency is eligible to claim reimbursement for the following items and amounts only: Amount Details $1.653 Unmanned Aerial Vehicles b. Services/Expenses that are reimbursed must be dated during the current year on or before October 3'1,2021 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 ud itorsaccounting@co.kittitas.wa. us Section 3. Performance bv Aqencv. a. Agency shall not (by contract, operation of law or otherwise) delegate or subcontract perlormance 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. a 2027 Law & 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 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, 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 orwithout 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 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 for this Agreement. a 2027 Ldw & lustice Council Funding Agreement Page 2 a 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. a a Section 5. Compliance 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 exempt from such retention, 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 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. lndustrial lnsurance Waiver. \Mth 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. 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 expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this 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. 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 Law & tustice Council Funding Agreement Page 3 e. 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 the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, 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. Termination. The County may, by written notice thereof to Agency, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Agency is in breach or default. Upon receiving such notice of termination, Agency shall, except as otherwise directed by the County, immediately stop performing the Services to the extent specified in the notice. ln 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 yet rendered 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 or interest 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, conditions, promises, 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. c. Notice for any purpose under this Agreement, except service of process, shall be given by the Agency to the Kittitas County Auditor, o/oLaw & Justice Council205 W. Sth Ave. Ste. 105, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Agency shall be given to the Agency's address provided on the signature page. Notice may be given by delivery or by depositing in the U.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 are not intended to restrict, affect or be of any weight in interpreting or construing the provisions 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 and 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 furtherwarrants to the County that Agency has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect 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 or applications which can be given 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 h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. KITTITAS COUNTY BOARD OF Kittitas County Sheriff {- Chair [Print Na me ABSEhJT Vice Chair lsig rel lTitlel fi rfTTfAS OOUNTY SHERIIFi OIFIC€ 807W. UMPTAITIUM RD. [Address] Eu.EIttSEUHg,WA9EW6 lcitv' stat!fl] ? -.rt" )--r s as rYLK* J erk Board or Mandy Buchholz, Deputy Clerk of the Board APPROVED AS TO FORM: Deputy Prosecuting Attorney [Telephone] 2027 Law & tustice Council Funding Agreement Page 5 LAW & JUSTICE GRANT AGREEMENT FOR2021 GRANTFUNDS BETWEEN Kittitas Gounty and Youth Mentoring Program Grant #21-13 This Contract, effective April 7th, 2021 is made and entered into by and between KITTITAS COUNTY (.County"), a subdivision of the State of Washington, and Youth Mentoring Program (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 April 7th,2021, the Board of County Commissioners adopted Resolution 2021-048 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 Five Thousand Dollars and No Cents dollars ($5,000). The Agency is eligible to claim reimbursement for the following items and amounts only: Amount Details $5.000 Youth Mentoring Program 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 aud itorsaccounting@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. 2027 Lsw & lustice Council Funding Agreement Poge 7 b. Agency shall at all times be an independent Agency and not an agent or representative of the County wi'tfr regarO to pertorming the Services. Ageniy shall not represent thai it is, or hold itself out as' an agent;r representative"of the County. li no-event shall Agency be authorized to.enter into any A"greement or undertaking for or on U-enatt of the County. lt is understood that the Agency and the nlency's staff and emplo-yees 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, pJrrniti, 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 la*s, ordinances, rules, and orders required to be incorporated into agreements of this character are incorporated inio 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, notwithstanding the County's knowledge of defective or non-complying performance, or the substantiality or ease of drscovering 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 Harmless. The County assumes no liability for the Agency's actions under this Agreement. 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 for this Aqreernent. a 2027 Ldw & 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 any governmental authority; or Any breach of or default under this Agreement by Agency. Section 5. Comoliance with Public Records Law. a ln compliance with Washington's public records law, the County will retain copies of any documents associated with this Agreemenl, 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. lndustrial 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. lnsurance and Endorsements. a. The County may require through a reguest 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, ils employees, agenls and representatives, from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (ineluding death) or property damage that may result from performance of the Services or this 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. 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. a a a 2027 Law & Justice Council Funding Agreement Poge 3 e. Where insurance is requested by the County, all liability insurance policies shall be endorsed to include tfre County as an Addifional lnsured -and shall stipulate that the insurance afforded by the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, or risk retention trusis 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 insurince with Endorsement as evidence that the required policies are in full force and effect. Section 8. Termination. The County may, by written notice thereof to Agency, terminate this Agreement as to allor any portion of the Services noi yei performed, whether or not Agency is in breach or default. Upon receiving such notice of termination, Rgency shall, except as otherwise directed by the County, immediately stop perforrning the Services to the extent specified in the notice. ln 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 yet rendered by the Agency, if any, as of the date of the notice of termination. Section 9. Miscellaneous. a. Agency shall not (by contraci, operation of law or otherwise) assign this Agreement or any right or interest 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, conditions, promises, 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 writlen amendment to the Agreement signed by both parties. c. Notice for any purpose under this Agreernent, except service of process, shall be given by the Agency to the Kittitas County Auditor, % Law & Justice Council 205 W. 5h Ave. Ste. 105, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Agency shall be given to the Agency's address provided on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid, cerlified mail, return receipt requested. d. The section and paragraph headings of this Agreement are for reference convenience only and are nol intended to restrict, affect or be of any weight in interpreting or construing the provtsions 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 and 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 statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect 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 or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. 2027 Law & lustice Council Funding Agreement Page 4 h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. KITTITAS COUNTY BOARD OF COUNTY Chair ABSENT Youth Mentoring Program ft\'ill lvr,1 IPrint Vice Commissioner b /512l piile1 F.u€ ( t/tf ivt\frirvr,izrr le.l t{ [Address]Iu lClty, State, Zipl t6oq\ 'l ro "L -L141 ,1 l- o iTeTph-ofrer of Board or Deputy Clerk of the Board 1,ililil1\ APPROVED AS TO FORM Deputy Prosecuting Attorney 2421 Law & lustice Council Funding Agreement Page 5 LAW & JUSTICE GRANT AGREEMENT FOR 2021 GRANT FUNDS BETWEEN Kittitas County and Young Life Grant #21-14 This Contract, effective April 7t , 2021 is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and Young Life (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 of resources and enhancement of the criminaljustice project within Kittitas County, and WHEREAS, on April 7th,2021, the Board of County Commissioners adopted Resolution 2021-048 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 Four Thousand Dollars and No Cents dollars ($4,000). The Agency is eligible to claim reimbursement for the following items and amounts only: Amount Details $4.000 Teen Parent Mentorinq & Support Proqram 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 auditorsaccou nting@co. kittitas.wa. us Section 3. Performance bv Agencv. 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. 2027 Law & Justice Council Funding Agreement Page 7 b. Agency shall at alltimes be an independentAgency 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, Iicenses, 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, 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 Harmless. The County assumes no liability for the Agency's actions under this Agreement. Agency releases and shall defend, indemnifiT, 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 for this Agreement. a 2027 Law & lustice 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 any governmental authority; or Any breach of or default under this Agreement by Agency. Section 5. Comoliance Public Records Law- 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. a a a a b. ln the event a public records request is made to the Coung 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. lndustrial Insurance Waiver. With respect to performance of this Agreement and as to any claims against the County, its Additional lnsureds, offlcers, 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 indemniff, 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. lnsu and Endorsements 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. 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 or this 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. 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. a. b. 2027 Law & tustice Council Funding Agreement Page 3 e. 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 the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, 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. Termination. The County may, by written notice thereof to Agency, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Agency is in breach or default. Upon receiving such notice of termination, Agency shall, except as otherurise directed by the County, immediately stop performing the Services to the extent specified in the notice. ln 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 yet rendered 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 or interest 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, conditions, promises, 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. c. 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 205 W. 5h Ave. Ste. 105, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Agency shall be given to the Agency's address provided on the signature page. Notice may be given by delivery or by depositing in the U.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 are not intended to restrict, affect or be of any weight in interpreting or construing the provisions 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 and 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 statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect 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 or applications which can be given 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 h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington. KITTITAS COUNTY BOARD OF UNTY Young Life Cassie Goats Chair [Print Name] Cassie CoatsABSENT Vice tr lSionaturel @$Lives Coordinator Commissioner b /rg / zt triuel PO Box717 [Address] Ellensburg, WA 98926 [City, State, Zip] 5093061 960 [Telephone] Board or lz, Deputy Clerk of the Board APPROVED AS TO FORM Deputy Prosecuting Attorney 2027 Law & Justice Council Funding Agreement Page 5