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HomeMy WebLinkAboutPK04-279 - Original - WA State Department of Natural Resources - 2004 Urban & Community Forestry Grant - Glenn Nelson Park Forest Planting - 06/09/2004 i T Records M erne KENWks MINarow Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed,H you have questions, please contact City Clerks Office. Vendor Name: L"X zzk�4 heDf e Vendor Number. Itkf�� JD Edwards Number Contract Number JL�f©�( '� 72 This is assigned by Deputy City Clerk Description: Detail: �0O �iL/� '` Ciy^� 7��`c S 'G/ Project Name: e" /�/�? 7C' 6/ Contract Effective Date: S/ d� Termination Date: Contract Renewal Notice(Days): Number of days required notice for termination or renewal or amendment Contract Manager. � �`�'yJ Department: Abstract. S:Pub6c\RecordsMarwgement\Forms\ControclCover\ADCL7832 07/02 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND,Commissioner of Public Lands KENT PARKS RECREATION AND COMMUNITY SERVICES Agreement No FY04-202/K244-04 CFDA Number 10.664 USDA Forest Service This agreement is made and entered into by and between Washington State Department of Natural Resources, P.O. Box 47037,Olympia,Washington 98504-7037,hereinafter referred to as the DNR, and Kent Parks Recreation And Community Services, 220 4th Avenue S,Kent WA 98032,hereinafter referred to as the Grantee, for the express purposes set forth in the following provisions. In consideration of the terms, conditions and covenants contained herein, or attached and incorporated and made a part hereof,the parties mutually agree as follows: SECTION 1 SCOPE OF ACTIVITY UNDER GRANT AGREEMENT 1.01 The Grandee will perform the work outlined in the attached original application(unless modifi'c'ations are noted). It contains the scope of activity,objectives and tasks, deliverables, original budget and application. 1.02 The Grantee shall produce a mid-report, and a final report summarizing work performed and evaluating the performance and results of this agreement. All deliverables required under this agreement must be delivered to the grant manager. All oral reports required under this agreement must be presented at the location requested by the DNR. 1.03 The Grantee shall complete all specified activities including submission of reports, and/or other required documentation within the time periods set forth in the agreement. Failure by the Grantee to make satisfactory progress toward completion of the activities or project within the time lines specified in this agreement shall be considered a material breach and shall be grounds for immediate termination of this agreement by the DNR. The DNR has sole discretion to determine whether the Grantee is making satisfactory progress on the activities or project. Page 1 of 9 Agreement No FY04-202/K244-04 SECTION 2 CONDUCT OF WORK The Grantee shall furnish all necessary qualified personnel,material, and equipment, and manage and direct the same to timely complete the work described in this agreement. SECTION 3 PERIOD OF PERFORMANCE 3.01 Commencement Date: Subject to its other provisions,the period of performance under this agreement shall commence upon final execution by both parties. 3.02 Completion Date: This agreement shall terminate on May 31,2005,or when all of its terms and conditions have been satisfied,whichever is earlier,unless sooner terminated as provided herein. SECTION 4 RIGHTS AND OBLIGATIONS Attachment A contains the General Terms and Conditions governing the activities to be performed under this agreement,the nature of the working relationship between the DNR and the Grantee, and specific obligations of both parties. All rights and obligations of the parties to this agreement shall also be subject to and governed by: the application form,deliverables, and original budget worksheet,each incorporated by reference herein. SECTION 5 GRANT DISBURSEMENT AND PAYMENT 5.01 Amount of Grant. The total grant shall not exceed $3,530, and will be disbursed upon satisfactory completion of timely deliverables as described on the deliverable page and in compliance with all agreement terms. Grant disbursement shall be on a cost reimbursement basis for costs incurred in the performance of this agreement. 5.02 Time of Disbursement. Disbursement shall be considered timely if made by the DNR within 30 days after receipt of properly completed invoice vouchers. Disbursement shall be sent to the address designated by the Grantee. The DNR may,in its sole discretion, terminate the agreement or withhold disbursements claimed by the Grantee if the Grantee fails to satisfactorily comply with any term or condition of this agreement or if USDA Forest Service federal funding which the DNR receives is no longer available. 5.03 Method of Disbursement. Requests for disbursement under this agreement shall be submitted by the Grantee on invoice vouchers prepared in the manner prescribed by the DNR. These vouchers shall include such information as is necessary for the DNR to determine the exact nature of all expenditures. Each voucher will clearly indicate that it is for activities under this agreement. Requests for disbursement shall be submitted to the DNR grant manager. Page 2 of 9 Agreement No FY04-2021K244-04 5.04 Expenses. No additional requests for costs or expenses are allowable. All costs and expenses associated with the Grantee fulfilling the terms and the agreement's conditions are included in the granfs amount stated in section 5.01 and no additional disbursements shall be made under this agreement. 5.05 Recapture Provision. In the event the Grantee fails to expend funds in accordance with any federal or state law or regulation or the provisions of this agreement,the DNR reserves the right to recapture funds in the amount equivalent to the amount of noncompliance. Repayment by the Grantee of funds under this section shall occur within 30 days of demand. SECTION 6 FEDERAL SUBCONTRACT When the DNR is passing federal funds to the Grantee,the Grantee will be considered a "sub recipient." Sub recipient shall: 6.01 Adhere to the federal Office of Management&Budget guidelines and to other applicable federal and state regulations. 6.02 Have audits made in accordance with Office of Management and Budget(OMB)Circular A-133 revised April 1996 and effective July 1, 1996 if the sub recipient receives federal assistance,in total from all sources,of$300,000 or more. The sub recipient must: 1. Forward a copy of the Data Collection Form as required in OMB circular A-133 within 30 days after completion of the Federal Single Audit to the DNR. 2. If the audit reveals findings and questioned costs relating to Federal awards passed through from DNR, forward a copy of the State Auditor's audit, along with the sub recipient response and the final corrective action plan as approved by the State Auditor's Office to the DNR within nine months after the end of the audit period. 6.03 Provide access to grant/financial records for inspection by the DNR or by any duly authorized audit representative of the state of Washington for a period of at least three years after the final grant payment or any dispute resolution. SECTION 7 ACCEPTANCE Disbursement shall be payable to the Grantee only upon completion of agreement by the Grantee, and acceptance by the DNR. If a deliverable is not acceptable to the DNR,the DNR shall within ten(10)working days from receipt,notify the Grantee in writing of the nature of the defects in the deliverable and any proposed remedy. The Grantee shall respond to this notice in writing within ten(10)working days specifying action to be taken so as to permit acceptance by the DNR. Page 3 of 9 Agreement No FY04-202/K244-04 SECTIONS PERFORMANCE REPORTING It The Grantee shall submit a mid progress report to the DNR by December 31,200Y. This report shall address any adverse conditions that have affected the project objectives and/or time schedules, and include action taken to resolve the matter. The Grantee shall also immediately contact the DNR grant manager in person or by fax or by telephone should any adverse conditions arise. The final report is due to the DNR upon completion date as specified in Section 3.02. SECTION 9 GRANT MANAGER The grant manager for the Grantee is: The grant manager for the DNR is: Dave Everett Sarah Griffith,Program Coordinator Kent Parks Recreation And Community Services Urban&Community Forestry 220 4th Avenue S Washington Department of Natural Resources Kent WA 98032 P.O. Box 47037 253-856-5113 Olympia,WA 98504-7037 (360) 902-1704 SECTION 10 SIGNATURES Dated ,20 KENT PARKS RECREATION AND COMMUNI SE VICES By: Title: STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated '�/� ,200By:- Mark Kahley Title: Division Manager Approved As To Form By Maryanne McGovern The Assistant Attorney General State of Washington Page 4 of 9 Agreement No FY04-202/K244-04 ATTACHMENT A GENERAL TERMS AND CONDITIONS SECTION I IDENTIFICATION The Grant Agreement Number must wear on all documents, correspondence,invoices and all other written material submitted or prepared in conjunction with this agreement. SECTION 2 INDEPENDENT CAPACITY OF GRANTEE The Grantee and its employees or agents performing under this agreement are not employees or agents of the DNR. The Grantee will not represent itself nor claim to be an officer or employee of the DNR or of Washington State by reason hereof,nor will the Grantee make any claim of right,privilege or benefit which would accrue to an employee under Washington law. SECTION 3 DEDUCTION The DNR shall make no deductions from the stated amount of the grant for income tax, social security taxes,medical insurance,industrial insurance, license fees or deduction of any other kind. Grantee is responsible for all deductions for which the Grantee may be liable. SECTION 4 RETENTION OF RECORDS The Grantee shall maintain books,records, documents and other materials,which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement. These materials shall be available at all reasonable times for inspection,review,or audit by personnel duly authorized by the DNR, and state or federal officials so authorized by law,rule,regulation or contract. The Grantee will retain these materials for three(3)years after settlement or termination. If any litigation,claim or audit is started before the expiration of the three(3)year period,the records shall be retained until all litigation,claims, or audit findings involving the records have been resolved. SECTION 5 RIGHTS OF INSPECTION The Grantee shall provide right of access to its facilities to the DNR or any of its officers, or to any other authorized agent or official of Washington State or the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this agreement. Page 5 of 9 Agreement No FY04-202/K244-04 SECTION 6 TREATMENT OF ASSETS Title to all property furnished by the DNR shall remain in the DNR. Any property of the DNR furnished to the Grantee shall,unless otherwise provided herein or approved by the DNR,be used only for the performance of this agreement. The Grantee shall be responsible for any loss or damage to property of the DNR which results from the negligence of the Grantee or which results from the failure on property,the Grantee shall notify the DNR thereof and shall take all reasonable steps to protect that property from further damage. The Grantee shall surrender to the DNR all property of the DNR prior to settlement upon completion,termination or cancellation of this agreement. SECTION 7 CLOSE OUT The Grantee must submit all requests for reimbursement for activities under this agreement to the DNR so that they are received no later than thirty(30)days following the termination of this agreement. If an earlier date is specified in this agreement,the earlier date shall take precedence. SECTIONS NON-DISCRIMINATION During the performance of activities under this agreement,the Grantee shall comply with all federal and state non-discrimination laws,regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any non-discrimination law,regulation,or policy,this agreement may be rescinded,cancelled or terminated in whole or in part, and the Grantee may be declared ineligible for further agreements with the DNR. SECTION 9 ASSIGNABILITY This agreement,and any claim arising under this agreement,is not assignable or delegable by the Grantee either in whole or in part. SECTION 10 SUBCONTRACTING The Grantee may enter into subcontracts consistent with requirements set forth in the original application. SECTION 11 DISPUTES Except as otherwise provided in this agreement, any dispute concerning this agreement which is Page 6 of 9 Agreement No FY04-202/K244-04 not settled by the parties shall be decided by the DNR's division manager who shall reduce his/her decision to writing and furnish a signed copy to the Grantee. The decision of the division manager shall be final and conclusive unless,within thirty(30)days from the receipt of such copy,the Grantee mails or otherwise furnishes to the division manager a written appeal. A DNR supervisor will decide the appeal. The decision of the supervisor,or duly authorized representative, for the determination of such appeal shall be final and conclusive. The Grantee does not hereby waive any right to seek review of the DNR's decision. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. However, such further review shall be sought only in the Superior Court of Thurston County. Pending final decision of a dispute hereunder,the Grantee shall proceed diligently with the performance of the agreement and in accordance with the decision rendered by DNR. SECTION 12 TERMINATION FOR FUNDING REASONS The DNR may unilaterally terminate this agreement in the event that funding from federal, state or other sources becomes no longer available to the DNR, or is not allocated for the purpose of meeting the DNR's obligation hereunder. Such action is effective when the DNR sends written notification of termination. SECTION 13 TERMINATION FOR CONVENIENCE The DNR may terminate this agreement in whole or in part by written notice to the Grantee when it is in the best interest of the DNR. If this agreement is so terminated,the DNR shall be liable only for disbursements in accordance with the terms of this agreement for activities completed prior to the effective date of termination. SECTION 14 INDEMNIFICATION The Grantee shall defend,protect and hold harmless Washington State,the DNR or any officers or employees thereof, from and against all claims, suits or actions arising from the Grantee's acts or omissions which are libelous or slanderous,result in injury to persons or property,violate a right of confidentiality,or use or reproduce material of any kind which constitutes an infringement of any copyright,patent,trademark or trade name. SECTION 15 PUBLICATION RIGHTS,AND RIGHTS TO DATA, PATENTS AND INVENTIONS The Grantee shall not publish any of the results of the grant work without the advance written permission of the DNR. Said requests will not be unreasonably withheld and will be answered within thirty(30)days of receipt of said request by the DNR. Unless otherwise provided, data,which originates from this grant shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the DNR. Data shall include, but not be limited to,reports,documents,pamphlets, advertisements,books, magazines, surveys, studies, computer programs,films,tapes,and/or sound reproductions. Ownership includes the Page 7 of 9 Agreement No FY04-202/K244-04 right to copyright,patent,register, and the ability to transfer these rights. Data which is delivered under the agreement,but which does not originate there from, shall be transferred to the DNR with a nonexclusive,royalty-free irrevocable license to publish,translate, reproduce, deliver,perform,dispose of, and to authorize others to do so: provided,that such license shall be limited to the extent to which the Grantee has a right to grant such a license. SECTION 16 INDUSTRIAL INSURANCE COVERAGE The Grantee shall provide or purchase any necessary industrial insurance coverage prior to performing activities under this agreement. The DNR will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this Grantee or any agent or employee of the Grantee,which might arise under industrial insurance laws during performance of activities under this agreement. SECTION 17 LICENSING,ACCREDITATION AND REGISTRATION The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this agreement. SECTION 18 COMPLIANCE WITH LAW The Grantee shall comply with all federal and state laws relating to this agreement. SECTION 19 CONFIDENTIALITY Grantee shall not disclose to any third party any proprietary or confidential information received from the DNR,or acquired during the course of activities under this agreement and shall not use for its own benefit or that of others,any such information,whether developed in the course of this agreement or derived from the DNR,except as may be authorized by the DNR in writing. All information developed in the performance of this agreement shall be considered the DNR's proprietary information. SECTION 20 GOVERNING LAW The laws of Washington State shall govern this agreement. In the event of an inconsistency in this agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state statutes and regulations; 2. The Special Terms and Conditions as contained in the main agreement; 3. The General Terms and Conditions as contained in this Attachment A; Page 8 of 9 Agreement No FY04-202/K244-04 4. Any statement of scope of activities attached hereto and incorporated by reference herein; and 5. Any other provisions or attachments of the agreement whether incorporated by reference or otherwise. SECTION 21 JURISDICTION/VENUE This agreement shall be construed and interpreted under the laws of Washington State and the venue of any action brought under this agreement shall be in the Superior Court for Thurston County. The Grantee,by execution of this agreement, acknowledges the jurisdiction of the courts of Washington State in this matter. SECTION 22 WAIVER A failure by the DNR to exercise its rights shall not constitute a waiver of any rights under this agreement unless stated to be such in writing signed by an authorized representative of the DNR and attached to the original agreement. SECTION 23 ENTIRE AGREEMENT This document contains all covenants,stipulations and provisions agreed to by both parties. No agent or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement,representation,promise or agreement not set forth herein, except for extension of the completion date. No changes, amendments or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this agreement. Extensions of the completion date are valid if in writing and signed by an authorized representative of the DNR. SECTION 24 SEVERABILITY If any provisions of this agreement or any provision of any document incorporated by reference shall be held invalid,such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision,and to this end the provisions of this agreement are declared to be severable. 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