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HomeMy WebLinkAboutPW1997-0324 - Original - King County Water & Land Resources Division - Watershed Action Grant No. D25390W - Green River Arboretum - 09/25/1997 GRANT NO. D2539OW DEPARTMENT NATURAL RESOURCES - WATER AND LAND RESOURCES DIVISION GRANTEE CITY OF KENT SERVICES PROVIDED WATERSHED ACTION GRANT AMOUNT $ 2,570 FUND SOURCE FUND 121 Date Contract Signed by DURATION the King County Executive TO JUNE 30, 1998 CONTRACT FOR GRANT SERVICES THIS CONTRACT is entered into by KING COUNTY (the "County"), and THE CITY OF KENT , (the "Grantee"), whose address is c/o City of Kent Engineering Department 220 Fourth Avenue South. Kent. WA, 98032. The County is undertaldng certain activities related to community involvement in the Surface Water Management Program , and The County desires to engage the Grantee to render certain community services in connection with such undertakings of the County, NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I. EXHIBITS The Grantee shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference: Scope of Services Attached hereto as Exhibit A Terms and Conditions Attached hereto as Exhibit B Sample Liability Waiver Form Attached hereto as Exhibit C Project Agreement Attached hereto as Exhibit D Disability Assurance of Compliance Section 504 Attached hereto as Exhibit Certificate of Insurance Attached hereto as Exhibit Attached hereto as Exhibit P/FORMS/CSG INS -1- C/97-3:NU48 REV 6/20/97 9/19/97 H. DURATION OF CONTRACT This Contract shall commence on the day it is signed by the King County Executive, and shall terminate on the 30th day of June , 19H, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. III. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Grantee for satisfactory completion of the services and requirements specified in this Contract in an amount not to exceed $2.570, payable in accordance with Exhibit B, Section 3. B. The Grantee shall submit its final invoice and other such documents as are required pursuant to this Contract within ten (10) days of completion of the Scope of Services. Unless waived by the County in writing, failure by the Grantee to submit the final invoice and required documents will relieve the County from any and all liability for payment to the Grantee for the amount set forth in such invoice or any subsequent invoice. C. If the Grantee fails to comply with any terms or conditions of this Contract or to provide in any manner the work or services agreed to herein, the County may withhold any payment due the Grantee until the County is satisfied that corrective action, as specified by the County, has been completed. This right is in addition to and not in lieu of the County's right to terminate this Contract as provided in Section IV below. IN. TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, prior to the date specified above in Section H, upon providing the Grantee ten (10) days' advance written notice of the termination. B. The County may terminate this Contract, in whole or in part, upon five (5) days' advance written notice in the event: (1) the Grantee materially breaches any duty, obligation, or services required pursuant to this Contract, or(2)the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection IV(B)(1), the Grantee shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Grantee, including but not limited to misappropriation, nonperformance of required services or fiscal mismanagement, the Grantee shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Grantee by the County. C. The County may terminate this Contract in whole or in part upon written notice to the Grantee if expected or actual funding is withdrawn, reduced or limited in any way prior to the termination date set forth above in Section II or in any amendment hereto. P/FORMS/CSG INS -2- C/97-3:MI48 REV 6/20/97 9/19/97 If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Grantee shall be released from any obligation to provide further services pursuant to the Contract. Funding under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in this Contract. Should such an appropriation not be approved the contract will terminate at the close of the current appropriation year. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms and conditions set forth in this Contract are breached by the other party. V. MAINTENANCE OF RECORDS A. The Grantee shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all contract funds and compliance with this Contract. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Contract. B. These records shall be maintained for a period of six (6)years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14, or unless a longer retention period is required by law. VI. AUDITS AND EVALUATION A. The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six (6) years after termination hereof. B. The Grantee shall provide right of access to its facilities, including those of any subconsultant, to the County, the state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the Grantee in the case of fiscal audits to be conducted by the County. C. The Grantee agrees to cooperate with the County or its agent in the evaluation of the Grantee's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. P/FORMS/CSG INS -3- C/97-3:MI48 REV 6/20/97 9/19/97 VII. ASSIGNMENT/SUBCONTRACTING The Grantee shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Grantee not less than fifteen (15) days prior to the date of any proposed assignment. VIII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Grantee is an independent contractor, and neither the Grantee nor its officers, agents or employees are employees of the County for any purpose. The Grantee shall be responsible for all federal and/or state tax, industrial insurance and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by or on behalf of the Grantee, its employees and/or others by reason of this Contract. The Grantee shall protect, indemnify and save harmless the County and its officers, agents and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Grantee's failure to pay any such compensation, wages, benefits or taxes; and/or (2) the supplying to the Grantee of work, services, materials, and/or supplies by Grantee employees or other suppliers in connection with or in support of the performance of this Contract. B. The Grantee further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional wrongful act and/or failure for any reason to comply with the terms of this Contract by the Grantee, its officers, employees, agents, and/or representatives. This duty to repay shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract, or the Termination section. C. The Grantee shall protect, defend, indemnify, and save harmless the County, its officers, employees, and agents from any and all costs, claims,judgments, and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Grantee, its officers, employees, and/or agents. The Grantee agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. For this purpose, the Grantee, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgement, award and/or cost arising therefrom including attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Grantee. Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, P/FORMS/CSG INS -4- C/97-3:MI48 REV 6/20/97 9/19/97 delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. IX. INSURANCE REQUIREMENTS By the date of execution of this Contract the Grantee shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Grantee, its agents, representative, employees, and/or subcontractors. The cost of such insurance shall be paid by the Grantee or subcontractor. For all Coverages: Each insurance policy shall be written on an "Occurrence" form. By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Consultant under this contract. The Consultant shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. 1. Minimum Scove of Insurance Coverage shall be at least as broad as: a. General Liability: Insurance Services Office form number(CG 00 01 Ed. 11-88) covering COMMERCIAL GENERAL LIABILITY. b. Automobile Liability: Insurance Services Officer form number (CA 00 01 Ed. 12-90) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the combination of symbols 2, 8, and 9. 2. Minimum Limits of Insurance The Grantee shall maintain limits no less than, for: a. General Liability: $1.000,000, combined single limit per occurrence for bodily injury, personal injury and property damage and for those policies with an aggregate limit, a $2 000.000 aggregate. b. Automobile Liability: $1,000.000,combined single limit per occurrence for bodily injury and property damage. P/FORMS/CSG INS -5- C/97-3:MI48 REV 6/20/97 9/19/97 3. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not limit or apply to the Grantee's liability to the County and shall be the sole responsibility of the Grantee. 4. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain the following provisions: a. General Liability Policy: 1. The County, its officers, officials, and employees and agents are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Grantee in connection with this Contract. 2. To the extent of the Grantee's negligence, the Grantee's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and agents. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees or agents shall not contribute with the Grantee's insurance or benefit the Grantee in any way. 3. The Grantee's insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. b. All Policies: 1. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) days prior written notice has been given to the County. 5. Acc tability of Insurers Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII, or, if not rated with Bests', with minimum surpluses the equivalent of Bests' surplus size VIII. If at any time the foregoing policies shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Grantee shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with the appropriate certificates and endorsements, for approval. P/FORMS/CSG INS -6- C/97-3:MI48 REV 6/20/97 9119197 6. Verification of Coverage The Grantee shall furnish the County with certificates of insurance and endorsements required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County and are to be received and approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. 7. Municipal or State Agency Provisions If the Grantee is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. X. CONFLICT OF INTEREST King County Code Chapter 3.04 is incorporated by reference herein and the Grantee fully agrees to the conditions of said Chapter. Failure by the Grantee to comply with any requirements of this Chapter shall be a material breach of contract. A. The Grantee covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, in this Contract. The Grantee shall take appropriate steps to assure compliance with this provision. B. If the Grantee violates the provisions of Subsection X(A) or does not disclose other interest required to be disclosed pursuant to King County Code Chapter 3.04.120, as amended, the County will not be liable for payment of services rendered pursuant to this Contract. Violation of this Section shall constitute a substantial breach of this Contract and grounds for termination pursuant to Section IV(B)(1)above as well as any other right or remedy provided in this Contract or law. XI. NONDISCRIMINATION King County Code Chapters 12.16 and 12.18 are incorporated by reference herein and the Grantee fully agrees to the conditions of said Chapters. Failure by the Grantee to comply with any requirements of these Chapters shall be a material breach of contract. A. During the performance of this Contract, neither the Grantee nor any party subcontracting under the authority of this Contract shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any P/FORMS/CSG INS -7- C/97-3:MI48 REV 6/20/97 9/19/97 sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. The Grantee shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations which prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60, Titles VI and VII of the Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973, as amended. B. If the Grantee fails to comply with King County Code Chapter 12.16, such failure shall be deemed a violation of this Chapter and a material breach of this Contract. Such breach shall be grounds for cancellation, termination or suspension of this Contract, in whole or in part. C. During the performance of this Contract, neither the Grantee nor any party subconsulting under the authority of this Contract shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. XII. MINORITY AND WOMEN'S BUSINESS ENTERPRISES King County Code Chapter 4.18 is incorporated by reference herein and the Grantee fully agrees to the conditions of said Chapter. Failure by the Grantee to comply with any requirements of this Chapter shall be a material breach of contract. XIII. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. The foregoing shall not apply to existing training materials, consulting aids, check lists and other materials and documents of the Grantee which are modified for use in the performance of this Contract. XIV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Grantee shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract. If the cost of recycled paper is more than fifteen percent higher than the cost of non-recycled paper, the Grantee shall notify the Contract Administrator, who may waive the recycled paper requirement. The Grantee agrees to use both sides of paper sheets for copying and printing, and to use recycled/recyclable products wherever practical. P/FORMS/CSG_INS -8- C/97-3:MI48 REV 6/20/97 9/19/97 XV. ENTIRE CONTRACT/WAIVER OF DEFAULT 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. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. COUNTY: G _ FOR Signature - King County Executive Signa0l j 1 M \n,ll�l't Date Name (Please type or print) fi A&yo+Z Title (Please type or print) Approved as to Form: `��^S 2 OFFICE OF THE KING COUNTY Date PROSECUTING ATTORNEY March 18, 1996 P/FORMS/CSG INS -9- C/97-3:MI4g REV 6/20/97 9/19/97 EDIT A Watershed Action Grant (WAG) SCOPE OF WORK ity of Kent G ' Green River Arbo retum m r B Rob ante It 25 70 ><< Date Signed by i the g 1 June 30 998 >`« King County Executive A. Project Description 1. Design and install native plant arboretum. 2. Design and install interpretive signage to educate visitors about the value of native plants and alternative landscaping practices. 3. Design, produce and distribute educational brochures. 4. Invite students, community groups and the general public to visit the site. 5. Maintain native plantings and interpretive signage. B. Project Requirements 1. Develop a calendar/timeline for the project and related activities to review with your Community Stewardship grant liaison before beginning the project. 2. Involve Kent School District students throughout the project -- in design, installation and maintenance of the arboretum and signage and production and distribution of educational materials. 3. Allow time for grant liaison to review and give input on signage and educational brochure. 4. Allow time for King County Wildlife Education Specialist at 296-7266 to review birdhouse and feeder design and placement. 5. Prepare and review with grant liaison a detailed plan for marketing/publicity of project through the media, contacts with existing community groups, and the Green River Basin Steward, and then implement it. C. Evaluation Method 1. Provide quarterly updates to your grant liaison on your progress. 2. At the end of the grant, prepare a written summary of the project including a summary of the project work plan, successes and ideas for improvement. Provide documentation of the number of brochures distributed, visitors to the C/97-3:M149 9/19/97 Exhibit A: Watershed Action Grant Scope of Work Page 2 site, volunteer hours, in-ldnd donations, and the benefits resulting from the project and estimated number of beneficiaries. 3. Photograph the project during its various phases and send copies to your grant liaison. 4. Send copies of any publicity efforts to your grant liaison (e.g., news articles, newsletters, flyers, announcements and information on distribution). D. Budget Irrigation supplies $541 Plant signage $217 Interpretive sign $682 Landscape materials $491 Benches made from recycled material $217 Brochures $422 Total $2,570 9/19/97 C/97-3:M14% EXIT B Watershed Action Grant TERMS AND CONDITIONS This Exhibit sets forth the conditions and requirements for the Watershed Action Grant (WAG) program between King County and the City of Kent (hereinafter called the Group). In administering the WAG program, King County has certain responsibilities and requirements set forth in federal, state, and county laws and regulations. This contract has been prepared to meet those requirements. The following terms and conditions are agreed to: 1. Program or Project: The program/project will consist of the volunteer services and projects outlined in Exhibit A attached to this contract. The program/project will be performed at the general direction and coordination of the King County Water and Land Resources Division. The program/project will begin immediately upon signature of the designated Group Representative and King County, and will be completed by the contract completion date specified in Exhibit A, unless extended by written agreement between King County and the Group. 2. Administration: The Group agrees to obtain all necessary volunteers, services, materials, and permits required to perform the program/project outlined in Exhibit A. Any and all volunteers shall not be considered employees of King County while. performing services for this program/project. King County's only obligation to the Group shall be the provision of payment for authorized expenses incurred in the performance of this program/project as outlined in Exhibit A. The group shall comply fully with all applicable federal, state, and local laws, orders, regulations and permits and shall provide assurance to King County of that compliance. If, at any time, the Group encounters problems, delays, or conditions that will hamper or significantly affect its ability to carry out the program/ project, the Group will immediately notify King County. Upon completion of the program/project, the Group agrees to prepare an evaluation with results, impacts, and recommendations related to the program/project as specified in Exhibit A.2 Evaluation Method. 3. Payment: In consideration of the group's satisfactory performance, King County agrees to provide payment for services and expenses actually incurred by the Group in the performance of the program/project up to an amount not to exceed the WAG award amount specified in Exhibit A. Such payment shall be made for the costs of supplies, materials, equipment, and/or its use, commercial services and postage, or other expenses (as agreed upon by King County and the Group) which are necessary and directly related to the performance of the program/project. A description of the WAG costs are included in Exhibit A. C/97-2:FX_B.w51 6120197 Exhibit B: Watershed Action Grant Terms and Conditions Page 2 The Group must submit to King County an invoice that includes the following: • Name and address of Group (on letterhead or notarized copy) • Date • WAG Project name • List of items for payment • Total amount of payment request. Upon review and approval of the request, King County will pay the approved amount to the Group. The total for all payments shall not exceed the amount of the WAG award. In addition, no budget category/item listed in Exhibit A, Section 3 may be exceeded without written approval from King County. 4. Changes, termination, and amendment: Either party may at any time propose changes to the general scope of the program/project. If such changes are approved by both parties and will result in additional costs, the WAG will be amended by King County to reflect the new costs. This change must be set forth in a written amendment to this contract. C197-2:EX B.W51 U20197 EXHIBIT C King County Department of Natural Resources LiABnxrY WAIvER I, the undersigned, being of lawful age or the parent or legal guardian of the volunteer involved in Green River Arboretum (hereinafter referred to as "Project"), in consideration of being allowed to participate in the Project, I hereby release, discharge and by these presents do for myself, my marital community, heirs, executors and assigns, release, acquit, and forever discharge King County, a municipal corporation, and its officers, agents, and employees from any and all actions, courses of action, claims or any other thing whatsoever on account of or in any way related to or arising out of my participation in the Project. Further, I assume liability for any non-participants who accompany me. PARTICIPANT'S NAME (please print) AGE: SIGNATURE OF PARTICIPANT OR LEGAL GUARDIAN: DATE: Cl97-2:EX C.W51 617A/97 EXIT D King County Department of Natural Resources PROJECT AGRE mENT I am authorized to act on behalf of the City of Kent (hereinafter referred to as "Sponsor"). I have carefully read and understand the guidelines for the Project. In consideration of the Sponsor's participation in the Project, I hereby acknowledge and assume the following responsibilities: 1) Participants in the Project are solely under the supervision of the Sponsor. 2) Waivers of Liability will be signed for each participant prior to commencement of the Project. 3) Sponsor will train each participant in pedestrian and other relevant safety rules. All participants will be evaluated by Sponsor to deter mine if they are responsible individu- als who will abide by the rules of the road and use due care and caution while partici- pating in the Project. Date: — off —`> 7 Sign e "J /M td L7/ 7-11 C?�41V 7- PRINTED NAME Organization 1<44 �A"-*', Office or capacity of individual signing agreement