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HomeMy WebLinkAboutLaw and Justice Grant 2023 23-01LAW & JUSTICE GRANT AGREEMENT FOR 2023 GRANT FUNDS BETWEEN Kiffitas County and Kittitas County Public Health Department Grant #23-01 This Contract, effective January 1,2023, is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT (Agency). WHEREAS, the purpose of thisAgreement isto provide an agreementforthe award of grantfunds, which are used for special projects to foster cooperation, sharing of resources and enhancement of the criminaljustice project within Kittitas County, and WHEREAS, on November 1 , 2022, the Board of County Commissioners adopted Resolutio n 2022- 201 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: Secti on 1. Scooe of Work an Pavment. a. As full compensation for the Agency's Services, the County agrees to pay Agency the sum of Two Thousand Dollars and No Cents ($2,000.00). The Agency is eligible to claim reimbursement for the following items and amounts only: Amount Details $2,000.00 Car seats and Booster seats b. Services/Expenses that are reimbursed must be dated during the current year on or before October 31, 2023, and final date to submit your reimbursements request is November 27, 2029, 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 itorsaccountins@co.kittitas.wa.us Section 2. 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. b. 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. c. The County and the Agency agree that in fulfilling the terms and conditions of this Agreement neither shall discriminate on the basis of race, creed, color, national origin, age, sex, marital status, or the presence of a physical, sensory, or mental handicap. d. 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. e. 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. f. 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 3. Compliance with 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 Section 4. 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 othenruise 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 5. Miscellaneous. a. Agency shall not (by contract, operation of law or othenruise) 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 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. 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 Ch Vice Ch ONERS KITTITAS COUNTY PUBLIC HEALTH etA KW c N I ls Commissioner/),-p t +,2['r) b 5ol N Nqlzu* 5f !.ABSENT [Title] Date Add ssl lc lr State, Zi ft1 QJaCY lll () S Board or Deputy Clerk of the Board Joate disnJol APPROVED AS TO FORM Deputy Prosecuting Attorney