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HomeMy WebLinkAboutAD09-102 - Original - Highland Crossing Neighborhood Council - Matching Grant Neighborhood Program - 04/27/2009 i Records M ageme KENT W AbMIMOTOM 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, if you have questions, please contact City Clerks Office. Vendor Name: Wil ikk 1 1p or Number: 00*? d c-/,-Jw IJ t Gc l JD Edwards Number Contract Number This Is assigned by Deputy City Clerk , / Description: J Y I -�CIWYa rot- l + IV 6GIf'1.bWIIC&L �irL I�CT,r►� S Detail: Project Name_ N64( WY bo Contract Effective Date: Apr;) oZ_T Termination Date: i ll Ji� Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: � ( / /ln✓YJ Department: Abstract: 5•Pubbc\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 . NEIGHBORHOOD MATCHING KENT GRANT PROGRAM AGREEMENT WAS HINGT.N between the City of Kent and Highland Crossing Neighborhood Council THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and, the Highland Crossing Neighborhood Council (hereinafter the "Neighborhood Council"), which Neighborhood Council was recognized by the Kent City Council under Resolution No. 1788 and authorized to take part in all opportunities offered by the City's Neighborhood Program. RECITALS A. The City has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. As part of its Neighborhood Program, the City recognizes and supports neighborhood councils by providing grant matching opportunities to make neighborhood improvements as a means of bringing neighbors together and enhancing each neighborhood's sense of community. B. Projects eligible for the grant matching program include neighborhood signage, clean-up, and landscaping, which will not require ongoing City funding and can be completed within six months. The Neighborhood Council has submitted a grant proposal application to the City, which proposal has been accepted subject to the terms provided for in this Agreement and the City's neighborhood grant program guidelines. NOW, THEREFORE, in consideration of their mutual promises contained herein, the parties agree as follows: AGREEMENT I. PROJECT INFORMATION 1.1 PROJECT DESCRIPTION. The Neighborhood Council shall perform the following described work in accordance with the terms of this Agreement, the Neighborhood Council's grant proposal, and the neighborhood grant program guidelines: Project Description: Removal of grass and one dead Maple tree along west side of 1201h Avenue SE in front of fence. Install one 15' height 3" caliper Maple tree and spread beauty bark where the grass was. Project Location: South of SE 244th Street on the west side of 120th Avenue SE along frontage of Highland Crossing fence. Project Budget: Grant Award Budget: $1791.76 Neighborhood Match Budget: $2162.24 NEIGHBORHOOD MATCHING GRANT PROGRAM AGREEMENT - 1 (version 7/08) 1.2 PROJECT COMPLETION. Upon the effective date of this Agreement, the Neighborhood Council will complete all work no later than October 23, 2009, unless such date is extended by mutual agreement of the parties. All goods and services for which the Neighborhood Council seeks reimbursement by the City in furtherance of this project must be expended by October 23, 2009. Any funds awarded by the City but not expended by the Neighborhood Council at the end of the term will not be available to be expended, unless this Agreement is amended by mutual agreement of the parties. 1.3 PROJECT COORDINATOR. In accordance with the terms of this Agreement, the Neighborhood Council is responsible for the performance of the work and the long-term maintenance of the project throughout its useful life. The Neighborhood Council has appointed Jill OToole to serve as its Project Coordinator, who is authorized to act on behalf of the Neighborhood Council during the term of this Agreement and is responsible for the following: A. Executing contracts with vendors or service providers to provide materials and services to accomplish the project goals. B. Recruiting, supervising, and training volunteer workers to accomplish the project goals. C. Notifying the City if an injury occurs. D. Requiring that all persons furnishing volunteer labor sign the volunteer roster. E. Providing documentation and evidence of services rendered and equipment purchased so as to satisfy the City's requirements for payment of funds. F. Maintaining records, specifically records related to match expenditures and volunteers. G. If required for the project, coordinating the competitive bid process. 1.4 PROJECT MAINTENANCE. After the project is completed, the Neighborhood Council, not the City, will maintain the project throughout its useful life. Failure to maintain the project can exclude the Neighborhood Council from receiving future City funding. If the project is on City-owned property, failure to maintain the project may result in the City taking any action it deems appropriate to preserve the project or to protect the public or City-owned property. 1.5 SITE CONTROL. Where private property will be used in the project, the Neighborhood Council's Project Coordinator shall furnish proof of permission to use the designated site for the project described in this Agreement, and must submit a written statement from the site's owner that grants permission for the use of the property by the Neighborhood Council. 1.6 CITIZEN PARTICIPATION. The Neighborhood Council will take affirmative steps to encourage widespread citizen participation in planning and carrying out the project. The project will be open to everyone without discrimination based on any individual, group, or organization by reason of race, color, creed, national origin, age, sex, sexual orientation, the NEIGHBORHOOD MATCHING GRANT PROGRAM AGREEMENT - 2 (version 7/08) presence of any sensory, mental or physical disability. The City finds that it would be in the interest of all citizens of the City to promote and celebrate diversity. 1.7 RESERVATION OF RIGHTS. The City reserves its exclusive right to alter, remove or relocate all or any portion of the project without cost or liability to the Neighborhood Council. 1.8 DISCLAIMER REQUIRED. Any documents, in a printed, digital, or video medium, prepared by the Neighborhood Council that is or will be made available to the public, unless specifically exempted by the City, shall contain the following disclaimer: This document has been funded in part by the Neighborhood Grant Program of the City of Kent. The information contained herein does not necessarily reflect the policies, plans, beliefs, conclusions, or ideas of the City of Kent. The City of Kent does not warrant the accuracy of any of the information, ideas, conclusions, or information contained in this document. 1.9 RIGHT TO REVIEW DOCUMENTS PREPARED FOR PUBLIC USE. The City has the right to review and comment upon any reports given to or prepared or assembled by the Neighborhood Council or its Program Coordinator under this Agreement prior to distribution to the public. II. FINANCIAL CONDITIONS 2.1 MAXIMUM FUNDS AVAILABLE. The Kent City Council has awarded grant funds to the Neighborhood Council in the maximum amount of $1791.76 for the work described in this Agreement and in the grant proposal and application. The City will reimburse the Neighborhood Council through its Project Coordinator, or at the City's sole option, directly through a vendor which the Project Coordinator has designated, its allowable costs for the services identified in this Agreement in an amount not to exceed the maximum grant award. This reimbursement will constitute full and complete payment by the City under this Agreement. Allowable costs shall mean those necessary and proper costs approved by the City through its Neighborhood Grant Program. Please note, however, the City cannot advance any funds but only makes reimbursement to the Neighborhood Council or a vendor set up with the City and chosen by the Neighborhood Council based on actual cash spent or expenses incurred, at the discretion of the City. 2.2 MINIMUM COMMUNITY MATCH REQUIRED. In consideration of receiving the requested grant funding, the Neighborhood Council shall match, dollar-for-dollar, any grant funds received by it up to the maximum grant award set forth in section 2.1 of this Agreement. In order to generate the required match of grant funding, the Neighborhood Council may provide project materials, volunteer labor, or professional services. Volunteer labor will be credited in the amount of $13.00 per hour, and project materials and professional services will be credited in the actual value of the materials or services provided. 2.3 PROJECT BUDGET REVISIONS AND OVERRUNS. The City will not be responsible for any budget overruns and/or revisions incurred without the City's prior written approval. 2.4 EXPENSE REIMBURSEMENT. The Neighborhood Council shall use all grant funds in accordance with this Agreement. Funds paid for the project will be used only for this project NEIGHBORHOOD MATCHING GRANT PROGRAM AGREEMENT - 3 (version 7/08) and will not be diverted by the Neighborhood Council to any other person or used for any other purpose. The Project Coordinator shall submit to the City a properly executed invoice, accompanied by all original receipts or purchase orders that document the expenses claimed for reimbursement and the expenses claimed for the Neighborhood Council's match portion, together with all reporting data required under Article III. Upon the City's receipt and approval of this documentation, the City will process the Neighborhood Council's request for reimbursement within approximately thirty (30) days. Reimbursement payments will be made payable to and remitted to the Neighborhood Council's Project Coordinator, or to a vendor set up with the City and chosen by the Neighborhood Council. The City reserves the right to withhold reimbursements pending timely delivery of a properly executed invoice, match expenditure statement, progress report, or other documents as may be required under this Agreement. Once the project work is fully completed, the City must receive from the Neighborhood Council a final invoice, and all necessary reports, by 5:00 p.m. on October 23, 2009, unless this deadline is properly amended. III. REPORTING REQUIREMENTS 3.1 REPORTING DATA. A Project Progress Report and Match Expenditure Statement shall be submitted by the Neighborhood Council with each invoice to the City, using the forms provided by the City. It is the responsibility of the Neighborhood Council's Project Coordinator to timely submit the Project Progress Report and Match Expenditure Statement to the City. A. Match Expenditure Statement. The Match Expenditure Statement documenting the Neighborhood Council's dollar-for-dollar match shall be submitted with copies of written materials that document the expenditure of donated goods and services. This documentation will include: the relevant volunteer time sheets, letters from professionals identifying the donation they have made and its value, vendor receipts for donated goods, or receipts for expenditures paid by funds raised by the Neighborhood Council. In accordance with section 5.2, copies of all Neighborhood Project Volunteer Registration Forms shall be submitted monthly to the City. B. Progress Reports. If required by the City, progress reports shall be submitted that evidence the project's status. Materials that help document the progress of the project include project meeting or event flyers, project meeting minutes, draft reports, final reports, work party photographs, construction timelines, job descriptions, contractor contracts, and design drawings. Additionally, the Project Coordinator shall provide a copy of all written reports developed for the project to the City. C. Final Report and Plaques. The Project Coordinator shall provide a final, brief, written report with the final invoice that summarizes the project's successes and lessons learned by October 23, 2009. The City provides plaques to eligible Neighborhood Grant Projects. These simple markers tell future users of the project: the year the project was completed, the project's name and the neighborhood organization that led the project. The plaque also indicates that the "City of Kent, Neighborhood Grant Program" is a supporting partner. All projects must include this plaque in their completed project. The City's Neighborhood Program will be responsible to NEIGHBORHOOD MATCHING GRANT PROGRAM AGREEMENT - 4 (version 7/08) purchase the plaque and the Neighborhood Council will be responsible to install the plaque according to the specifications and in the location required by the City. D. Public Information. All public outreach materials including flyers, posters, signage, and plaques shall include this reference to the Neighborhood Grant Program: This project is funded in part by the Neighborhood Grant Program award from the City of Kent. IV. TERMINATION 4.1 TERMINATION ON NOTICE. Either party may terminate this Agreement, with or without cause, upon providing the other party fourteen (14) calendar days written notice at its address set forth on the signature block of this Agreement. 4.2 REPAYMENT ON TERMINATION. Upon termination, the Neighborhood Council will be paid compensation for services performed prior to the termination date, including any expenses previously authorized and expended prior to the termination date. In the event the City determines that any funds were misappropriated by the Neighborhood Council, the Neighborhood Council's Project Coordinator shall return to the City all grant funds that remain in its possession at the time of termination and shall pay to the City such funds as the City determines to be due to the City on account of the misappropriation or fiscal mismanagement. V. GENERAL TERMS 5.1 INDEPENDENT CONTRACTOR. It is understood that the Neighborhood Council is an independent contractor and is not an agent of the City. The Neighborhood Council has the ability to control and direct the performance and details of the work under this Agreement. All personnel used by the Neighborhood Council in connection with the project referenced in this Agreement shall be volunteers and/or employees or subcontractors of the Neighborhood Council and not the City. They shall have no claim against the City for compensation or other benefits available to the employees of the City unless provided otherwise in this Agreement. 5.2 VOLUNTEER INSURANCE. The City will provide worker compensation insurance for volunteers working on this project. Minors working on the project are not permitted to operate any equipment. The Project Coordinator shall have every volunteer sign the Neighborhood Project Volunteer Registration Form and release which will provide names, signatures, phone numbers, addresses, and a general description of volunteer work duties for each volunteer working on the project. This form shall be submitted to the City on a monthly basis. Volunteers injured while working on this project shall immediately report the injury to the Project Coordinator, who shall in turn report the injury to the City's Neighborhood Program Coordinator as soon as possible. 5.3 INDEMNIFICATION. The Neighborhood Council agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. In the event of litigation between the parties to enforce the rights under this paragraph, reasonable attorney fees shall be allowed to the prevailing party. This indemnification obligation shall include, but is not limited to, all claims against the City by a volunteer of the Neighborhood Council, and the Neighborhood Council NEIGHBORHOOD MATCHING GRANT PROGRAM AGREEMENT - 5 (version 7/08) expressly waives all immunity and limitation on liability under the Washington State Industrial Insurance Act (Title 51 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 5.4 RISK MANAGEMENT. It shall be the responsibility of the Neighborhood Council to exercise good risk management at all times to ensure that the project location is kept free from risk to those working on the project and the general public. 5.5 CONTACTS. All communications regarding this Agreement or its reporting requirements shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. 5.6 NON-WAIVER OF BREACH. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 5.7 RESOLUTION OF DISPUTES AND GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under section 5.3 of this Agreement. 5.8 ASSIGNMENT. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 5.9 MODIFICATION. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. 5.10 ENTIRE AGREEMENT. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City or of the Neighborhood Council, and those statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the attached exhibits are hereby made a part of this Agreement; however, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. NEIGHBORHOOD MATCHING GRANT PROGRAM AGREEMENT - 6 (version 7/08) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. NEIGHBORHOOD COUNCIL: CITY OF KENT: B By:— (sign ture) (signature) Print ame: JILL fZ L' FOCI e Print Name: Ben Wolters Its: eJ'� ti Its: Economic Development Director (frig) DATE: '4z.e 'C I Z90 q DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: NEIGHBORHOOD COUNCIL: CITY OF KENT: Jill OToole, Project Coordinator Toni Azzola Highland Crossing Neighborhood Council Neighborhood Program Coordinator 24406 119th Place SE City of Kent Kent, WA 98030 220 Fourth Avenue South 206-442-1543 Day (telephone) Kent, WA 98032 253-639-6073 Evening (telephone) (253) 856-5708 (telephone) (253) 856-6700 (facsimile) P\QvilVarmsWontncts,Releases\NeighConccoEGnnt Agr Eoc NEIGHBORHOOD MATCHING GRANT PROGRAM AGREEMENT - 7 (version 7/08)