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HomeMy WebLinkAboutPW05-431 - Original - WA St Dept of CTED - Wetland Inventory - 08/01/2005 Records Man-a-' gern0%KENT = �l��"a, Document' �/IA9MINGTDN Y Eea ��I a 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, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: Washington State Dept. of Community, Trade and Economic Development Contract Number: 10W09 -` 3 This is assigned by Mary Simmons Vendor Number: Project Name: Wetland Inventory Contract Effective Date: October 21, 2005 Contract Termination Date: June 30, 2006 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Peterson Department: Engineering Abstract: Critical Areas Ordinance wetland inventory. ADCL7832 07/02 CTED t'ontract Face Sheet Contract Number: S06-63200-E01 vl 31-212312 005 Washington State Department of Community,Trade and Economic Development Growth Management Services Local Government 1. Contractor 2. Contractor Doing Business As (optional) City of Kent 220 Fourth Avenue South Kent, Washington 98032 3. Contractor Representative 4.CTED Representative Kelly Peterson Ike Nwankwo Environmental Engineer Technical/Fin. Asst. Manager (253) 856-5547 (360) 725-3056 (253) 856-6500 (360) 753-2950 Kpeterson@ci.kent.wa.us iken cted wa gov 5. Contract Amount 6. Funding Source 7. Start Date 8.End Date $10,000 Federal: ❑ State: ® Other: ❑ N/A: ❑ 8/1/05 6/30/06 9.Federal Funds (as applicable) Federal Aeency CFDA Number: 10. Tax ID# 11. SWV# 12. UBI# 13.DUNS# 91-6001254 14. Contract Purpose Wetland Rating Comparison-City of Kent system vs.DOE system - The DEPARTMENT and CONTRACTOR acknowledge and accept the terms of this CONTRACT and attachments and have executed this CONTRACT on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this CONTRACT are governed by this CONTRACT and the following other documents incorporated by reference: CONTRACT Terms and Conditions including Attachment"A"Work Plan and Attachment "B"Budget. FOR THE CITY OF KENT FOR THE DEPARTMENT OF COMMUNITY TRADE AND ECONOMIC DEVELOPMENT: Name (,LJ h,' Nancy K. Ousley, Assistant Director-_, Title M e p R Local Government Division /O - 7 -D ,6 Date Date APPROVED AS TO FORM ONLY Sir-nature On File Melissa Burke-Cain, Senior Counsel Office of Attorney General of Washington October 20, 2003 Date Page 1 of 10 RECelVEQ OCT 14 2005 GROWTH MANAGEMENT CONTRACT NO.S06-63200-E01 CONTRACT TERMS & CONDITIONS SECTION 1 -PREAMBLE This CONTRACT, entered into by the City of Kent(hereinafter referred to as the GRANTEE), and the Department of Community, Trade and Economic Development(hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS, the DEPARTMENT has the responsibility under RCW 43.330.050(5)to provide financial and technical assistance to the communities of the state,to assist in improving the delivery of federal, state, and local programs; and to provide communities with opportunities for productive and coordinated development beneficial to the well-being of communities and their residents; and WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.330.120 to offer technical and financial assistance to cities and counties planning under the Growth Management Act; and WHEREAS,the DEPARTMENT has selected the GRANTEE to receive funds and the GRANTEE shall use the funds to undertake a project which furthers the goals and objectives of the DEPARTMENT's Growth Management Services Unit in accordance with its mission. THEREFORE, the parties mutually agree to the following terms and conditions: SECTION 2- WORK PLAN Over the course of the CONTRACT period,the GRANTEE shall accomplish the activities described in Attachment"A": Work Plan that is incorporated into the CONTRACT by reference. SECTION 3 - FUNDING The total funds to be reimbursed to the GRANTEE for costs incurred during the CONTRACT period shall be a sum not to exceed $10,000. SECTION 4-BUDGET An approved budget by category of expenditure is included as Attachment "B" of this CONTRACT that is incorporated into the CONTRACT by reference. The total amount of transfers of funds between line item budget categories shall be as specified in Attachment`B." If the cumulative amount of these transfers exceeds or is expected to exceed the amount specified in Attachment`B,"the total project budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTMENT. SECTION 5 -CONTRACT PERIOD A. The effective date of this CONTRACT shall be the date all parties sign and complete execution of the CONTRACT. This CONTRACT shall terminate on June 30, 2006, except for any remaining obligations of the GRANTEE as may exist under Section 7. B. Costs to be reimbursed by the DEPARTMENT under this CONTRACT are those eligible costs incurred during the performance of the CONTRACT work program on or after August 1, 2005. Page 2 of 10 CONTRACT NO.S06-63200-E01 SECTION 6-REIMBURSEMENT PROVISIONS A. Funds will be disbursed per the schedule established in Attachment`B." B. Only eligible project-related costs will be reimbursed. Ineligible costs include,but are not necessarily limited to: capital expenses, such as land acquisition or construction costs;purchase of machinery; hosting expenses, such as meals, lodging, or transportation incurred by persons other than staff and volunteers working directly on the project; lobbying or political influencing; and other costs which are not directly related to the project. C. Within twenty (20)days after receiving and approving the voucher,the DEPARTMENT shall remit to the GRANTEE a warrant covering the DEPARTMENT's share of the costs incurred for work performed. D. The final invoice voucher covering costs incurred for work performed on or before, must be submitted by the GRANTEE prior to ,to allow the DEPARTMENT sufficient time to process it. Payment of the final voucher shall be contingent upon the DEPARTMENT's receipt and approval of any products or deliverables designated in Attachment"A." SECTION 7- REPORTS A. The GRANTEE shall submit a brief progress report on a form approved by the DEPARTMENT which describes the progress made on the work program outlined in Attachment"A." Progress reports will be submitted on a Monthly calendar cycle. The Monthly progress report shall also provide detail on the dedicated matching funds. B. The GRANTEE shall furnish, along with or prior to submitting the final invoice voucher,two copies of each final product designated in Attachment"A." SECTION 8 -ACKNOWLEDGMENT OF STATE FUNDING The GRANTEE shall provide all project-related press releases to the DEPARTMENT. Press releases shall identify the DEPARTMENT as a project financier. Publications such as reports and pamphlets which are developed totally or in part with funds provided under this CONTRACT shall give credit to the funding source by including the following: "Funds made available through the Washington State Department of Community, Trade and Economic Development." SECTION 9 -DOCUMENTATION.MONITORING, AND AUDIT During the CONTRACT period and following its termination,the GRANTEE shall follow accounting procedures and shall maintain books,records, documents, and other evidence which sufficiently and properly reflect all project specific costs expended in the performance of this CONTRACT. The Office of the State Auditor or any persons duly authorized by the DEPARTMENT shall have full access to and the right to inspect,excerpt, audit,or examine any of these materials at all reasonable times for a period of six years after termination of the CONTRACT. The DEPARTMENT may require a copy of the GRANTEE's most recent audit and management letter. The DEPARTMENT may require the GRANTEE to obtain an audit for specific expenditures under this CONTRACT. Costs of a required audit are an allowable expense. Page 3 of 10 CONTRACT NO.S06-63200-E01 SECTION 10- RECAPTURE PROVISIONS In the event that the GRANTEE fails to expend funds under this CONTRACT in accordance with state laws and/or the provisions of this CONTRACT,the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to the extent of the noncompliance. Such right,of recapture shall exist for a period not to exceed six years following CONTRACT termination. Repayment by the GRANTEE of funds under this recapture provision shall occur within 30 days of demand. In the event that the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision,the DEPARTMENT shall be entitled to its costs thereof, including reasonable attorney's fees. SECTION 1 I - CONTRACT AMENDMENTS A. The DEPARTMENT or the GRANTEE may request changes to the CONTRACT or its provisions. It is agreed and understood that no material or substantive alteration or variation of the terms of this CONTRACT shall be valid unless made in writing and signed by both parties. Any oral understanding or agreements shall not be binding unless made in writing and signed by both parties. B. CONTRACT amendments shall not be made which result in an extension of the CONTRACT period beyond June 30, 2006. SECTION 12 -NONDISCRIMINATION CLAUSE During the performance of this CONTRACT,the GRANTEE shall comply with all federal and state nondiscrimination laws, including, but not limited to chapter 49.60 RCW. Washington's Law Against Discrimination, and 42, U.S.C. 12101 et sea.,the Americans with Disabilities Act(ADA). In the event of the GRANTEE's noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this CONTRACT may be rescinded, canceled, or terminated in whole or in part, and the GRANTEE may be declared ineligible for further CONTRACTS with the DEPARTMENT. The GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with Section 20. SECTION 13 -TERMINATION OF CONTRACT A. If,through any cause,the GRANTEE shall fail to fulfill its obligations under this CONTRACT in a timely and proper manner; or if the GRANTEE shall violate any of its covenants, agreements, or stipulations;the DEPARTMENT shall have the right to terminate this CONTRACT. The DEPARTMENT may withhold the balance of state funding if such default or violation is not corrected within twenty (20)days after the DEPARTMENT submits written notice to the GRANTEE describing such default or violation. B. Notwithstanding any provisions of this CONTRACT, either party may terminate this CONTRACT by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. C. Reimbursement for GRANTEE work performed, and not otherwise paid for by the DEPARTMENT prior to the effective date of such terminations, shall be as the DEPARTMENT reasonably determines. Page 4 of 10 CONTRACT NO.S06-63200-EOI D. In the event funding from the state, federal,or other sources is withdrawn, reduced, or limited in any way after the effective date of this CONTRACT and prior to normal completion,the DEPARTMENT may unilaterally reduce the scope of work and budget or terminate this CONTRACT. SECTION 14 - GRANTEE NOT EMPLOYEE OF DEPARTMENT The GRANTEE, its employees,or agents performing under this CONTRACT are not deemed to be employees neither of the DEPARTMENT nor as agents of the DEPARTMENT in any manner whatsoever. The GRANTEE will not hold itself out as or claim to be an officer or employee of the DEPARTMENT or of the State of Washington and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington. SECTION 15 - USE OF SUBCONTRACTS The GRANTEE may enter into subcontracts for any of the work contemplated under this CONTRACT without obtaining prior written approval of the DEPARTMENT. The GRANTEE shall follow local policies regarding procurement, or in absence of local policies, shall use a competitive procurement process. Each CONTRACT that the GRANTEE enters into with subcontractors, creditors and others shall contain a clause providing notice that the state and the DEPARTMENT are not responsible for any legal obligation, financial or otherwise, incurred by the GRANTEE. The DEPARTMENT reserves the right to monitor the subcontractor selection process and contractual documents either during or following the selection process. The GRANTEE is responsible for the performance of any subcontractors. The GRANTEE shall require all subcontractors to follow the same rules and regulations as described in this document. All subcontractors must be monitored by the GRANTEE to ensure fiscal accountability. SECTION 16 - OWNERSHIP OF PROJECT MATERIALS All finished or unfinished documents, data, studies, surveys, drawings,models, photographs, films, duplicating plates, computer disks and reports prepared by the GRANTEE under this CONTRACT shall be works for hire under U.S. copyright law. The DEPARTMENT may duplicate,use, and disclose in any manner and for any purpose whatsoever, all materials prepared under this CONTRACT. The GRANTEE must have prior approval of the DEPARMENT to produce patents,copyrights,patent rights, inventions, original books, manuals, films, or other patentable or copyrightable materials, in whole or in part with funds received under this CONTRACT. The DEPARTMENT reserves the right to determine whether protection of inventions of discovery shall be disposed of and administered in order to protect the public interest. Before the GRANTEE copyrights any materials produced with funds under this CONTRACT, the DEPARTMENT reserves the right to negotiate a reasonable royalty fee and agreement. Page 5 of 10 CONTRACT NO.S06-63200-E01 SECTION 17-TRAVEL AND SUBSISTENCE REIMBURSEMENT Travel and subsistence reimbursement shall be made in accordance with the guidelines followed by the GRANTEE in the course of normal operations. In the absence of local provisions, per diem rates and travel allowances shall be paid in accordance with rates set for state employees pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or hereafter amended. SECTION 18 - SPECIAL PROVISION The DEPARTMENT's failure to insist upon the strict performance of any provision of this CONTRACT or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this CONTRACT. SECTION 19-HOLD HARMLESS The GRANTEE agrees to defend, hold harmless, and indemnify the State of Washington and the DEPARTMENT, their officers, agents, employees, and assigns against any and all damages of claims from damages resulting or allegedly resulting from the GRANTEE's performance of activities under the terms of this CONTRACT. SECTION 20- DISPUTE RESOLUTION Except as otherwise provided in this CONTRACT, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the GRANTEE, and a third party mutually agreed upon by both parties. The team shall attempt, by majority vote,to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. SECTION 21 - GOVERNING LAW AND VENUE The CONTRACT shall be construed and enforced in accordance with,and the laws of the State of Washington hereof shall govern the validity and performance. Venue of any suit between the parties arising out of this CONTRACT shall be the Superior Court of Thurston County,Washington. SECTION 22 -APPLICABLE LAWS AND REGULATIONS The GRANTEE shall comply with all existing applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments,as now or hereafter amended. SECTION 23 - SEVERABILITY In the event any term or condition of this CONTRACT or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this CONTRACT which can be given effect without the invalid term, condition,or application. To this end,the terms and conditions of this CONTRACT are declared severable. Page 6of10 CONTRACT NO.S06-63200-E01 SECTION 24- ENTIRE AGREEMENT This contract, including referenced exhibits,represents all the terms and conditions agreed upon by the parties.No other understandings or representations, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. The attachments to this agreement are as follows: ATTACHMENT A: "Work Plan,"consisting of_l_page(s); and ATTACHMENT B: "Budget,"consisting of_1_page(s). ' Page 7 of 10 CONTRACT NO.E06-63200-204 ATTACHMENT A: WORK PLAN Grantee: City of Kent Summary: Wetland Rating Comparison—City of Kent vs. DOE System Estimated Completion Dates&Activities: Goals/ Description Start Date End Date Actions/ Deliverables Goal Evaluate wetlands within the City of Kent to 8/l/05 10/31/05 inform amendments to Critical Areas Ordinance. Action 1 Evaluate 20 wetlands within the City of Kent 8/1/05 10/31/05 using the Kent wetland rating system and the DOE wetland rating system This will include a description of the wetland buffers. Action 2 Develop an analysis table which compares the 8/22/05 10/31/05 wetland rating systems for each wetland and develop letter report summarizing. _ Deliverable Report and analysis table summarizing results 8/l/05 10/31/05 CONTRACT NO.S06-63200-E01 Close Out Reports Due By: DATE: September 30, 2005 Deliverables: Report and analysis table summarizing results Close Out Report in 500 words or less. Page 9 of 10 CONTRACT NO.S06-63200-E01 ATTACHMENT B: BUDGET The budget shall consist of the following elements: 1. Category of Expenditure SFY 2006 SFY 2007 Total Salaries and Benefits $3,259.20 $ $ Goods and Supplies $ $ $ Professional Services $12,950.00 $ $ Other Goods and Services $ $ $ Total $16,209.20 $ $ 2. Budget Summary SFY 2006 SFY 2007 Total CTED Funds $10,000.00 $ $ Other Funds $6,209.20 $ $ Total $16,209.20 $ $ 3. Payment Disbursement Schedule Upon final signing of contract and before June 30, 2006: $6,000 Upon completion of the contract and before June 30, 2006: $4,000 4. Special Budget Provisions A. For CONTRACTS over$30,000 the total amount of transfers of funds between line item budget categories shall not exceed ten (10)percent of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed ten percent, the total budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTMENT. B. For CONTRACTS under $30,000 the total amount of transfers of funds between line item budget categories shall not exceed twenty(20)percent of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed twenty percent,the total budget shall be subject to justification and negotiation of a CONTRACT amendment by the GRANTEE and the DEPARTMENT. C. A sum often(10)percent of funds shall be withheld until all tasks, activities, and final products defined in ATTACHMENT "A" have been successfully completed by the GRANTEE and accepted fully by the DEPARTMENT. 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