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HomeMy WebLinkAboutAgreements/Contracts - Superior Courtzy K21-005 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into by Grant County, a political subdivision of the State of Washington, hereinafter referred to as the "County," and Ellen Goodman, hereinafter referred to as the "Contractor," for the purpose of completing the Adult Drug Court Discretionary Grant and of consultation. RECITALS: WHEREAS, the County is in the process of developing an adult felony drug court program and services for nonviolent, criminally involved persons with substance -use disorders, including those related to opioid substance -use disorders; and WHEREAS, the County must submit a grant application to the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP) and the Bureau of Justice Assistance (BJA) in order to access federal funding to develop and implement drug court services that effectively integrate evidence -based substance use disorder treatment, mandatory drug testing, sanctions and incentives, and transitional services in a judicially supervised court setting with jurisdiction over the program while integrating the National Association of Drug Court Professionals Adult Drug Court Standards; and WHEREAS, the grant application filing period normally commences in the month of December and can be open anywhere from sixty to ninety days; and WHEREAS, knowledge, expertise, and experience with federal drug court grant application and submission process is required; NOW, THEREFORE, the parties have entered into this Agreement to secure the Contractor's services under the terms and conditions set forth herein. 1. Statement of Puraose: This Agreement has been entered into in order to describe the arrangement between the County and the Contractor in which the Contractor will provide grant writing and technical assistance in order to submit an application to the BJA Adult Drug Court Discretionary Grant Program meeting all grant application requirements. The grant application filing period for BJA Adult Drug Court Discretionary Grant Program is expected to begin in December of 2020 (the Solicitation Release Date is December 22, 2020). The Contractor will provide services so that the County can submit a grant application for the BJA Adult Drug Court Discretionary Grant Program meeting all grant application requirements once the BJA FY 2021 grant application filing period commences. 2. Relationship of the Parties: The parties intend that an independent Contractor relationship will be created by this Agreement. The County is interested only in the results to be achieved; the implementation of services will lie solely with the Contractor. However, the results of the work contemplated must meet the approval of the County and shall be subject to the County's general rights of inspection and review to secure the satisfactory completion thereof. No agent, employee, servant, or representative of Contractor shall be deemed to be an employee, agent, servant, or representative of the County for any purpose, and the employees of the Contractor are not entitled Professional Services Agreement re Adult Drug Court Discretionary Grant Page 4 of 5 6. Compliance with Law: The Contractor, in performance of this contract, agrees to comply with all applicable federal, state and local laws or ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in this Agreement to assure quality of services. The Contractor specifically agrees to pay any applicable taxes which may become due on account of this Agreement. 7. Indemnification/Hold Harmless: All services to be rendered or performed under this contract will be performed or rendered entirely at the contractor's own risk and the Contractor expressly agrees to indemnify and hold harmless the County, and all of its officers, agents, employees, volunteers, or otherwise, from any and all liability, loss, or damage that they may suffer as a result of claims, demands actions, or damages to any and all persons or property, costs, or judgments against the County, which result from, arise out of, or are in any way connected with the services to be performed by the Contractor under this contract. The Contractor agrees that all Contractor indemnification obligations shall survive the termination, completion, or expiration of this contract. 8. Assignment or Subcontracting: The Contractor shall not subcontract or assign this Agreement or any portion thereof without the prior written consent of the County. 9. Modification: This Agreement maybe modified or amended only by a writing duly authorized and executed by all parties. Any such amendment shall be attached to and incorporated into this Agreement. This modification amendment shall include annual extensions of the termination date, as agreed by the parties. 10. Notice: Notice provided for in this agreement shall be sent by certified mail to the addresses of the parties as designated below. Ellen Goodman 1711 Camden Park Drive SW Olympia, WA 98512 Grant County Board of Commissioners PO Box 37 Ephrata, WA 98823 11. Attorney Fees and Costs: If any legal proceeding is brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to any other relief to which such party may be entitle, reasonable attorney's fees and other costs incurred in that action or proceeding. 12. Jurisdiction and Venue: The laws of the State of Washington govern this Agreement. In the event of a lawsuit by Contractor against the County involving this Agreement, venue shall be proper only in Grant County, Washington. In the event of a lawsuit by the County against the Contractor involving this Agreement, venue shall be proper only as provided in RCW 36.01.050. Professional Services Agreement re Adult Drug Court Discretionary Grant Page 5 of 5 13. Severability: It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is held by the courts to be illegal, the validity of the remaining provisions shall not be affected, and the rights and obligation of the parties shall be construed and enforced as if the Agreement did not contain the particular provisions held to be invalid. If it should appear that any provision thereof is in conflict with the federal law, rule or regulation or statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provision. 14. Entire Contract: The parties agree that this contract is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. DATED this day of 11JJA UU14— 52021 CONTRACTOR Ellen Goodman 1711 Camden Park Drive SW Olympia, WA 98512 Date ATT T: BARJ. VAS Cler o the Board r7 0 APPROVED AS TO FORM �'X I �- Kevi J. NfcCrae Chief Civil Deputy Prosecutor