Snohomish County - Small Cap. Projects fundingAGENCY: City of Edmonds
CONTACT PERSON: Carrie Hite
ADDRESS: 700 Main Street
Edmonds, WA 98020
TELEPHONE/FAX NUMBER: 425.771.0256
COUNTY DEPT: Snohomish County Council
DEPT. CONTACT PERSON: Carol Taber
TELEPHONE/FAX NUMBER: 425-388-3585/425-388-3496
PROJECT: Veteran's Plaza
AMOUNT: $ 5,000
FUND SOURCE: 191-5167005204
CONTRACT DURATION: Through December 31, 2017
AGREEMENT FOR SMALL CAPITAL PROJECTS PARTNERSHIP PROJECT
THIS AGREEMENT (the "Agreement") is made by and between SNOHOMISH
COUNTY, a political subdivision of the State of Washington (the "County"), and the CITY OF
EDMONDS, a municipal corporation in the State of Washington (the "Agency").
RECITALS
WHEREAS, RCW 82.46.035 authorized counties planning under the Growth
Management Act the authority to levy an additional quarter percent tax on all sales of real estate;
and
WHEREAS, by that legislation, this additional quarter percent tax on sales of real estate
must be used solely on capital projects that are listed in a capital facilities plan; and
WHEREAS, capital projects are defined as public works projects of a local government
for planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation or
improvement of streets, roads, highways, sidewalks, street and road lighting systems, traffic
signals, bridges, domestic water systems, storm and sanitary sewer systems; and planning,
construction, reconstruction, repair, rehabilitation, or improvement of parks; and
WHEREAS, by Ordinance No. 16-097, adopted November 14, 2016, the Snohomish
County Council provided funding within the Real Estate Excise Tax Fund for an application
process for a Small Capital Projects Partnership (SCPP) grant program; and
WHEREAS, applications for the SCPP grants were received when due, March 31, 2017;
and OW - 5- //t'
WHEREAS, a review team evaluated and ranked the applications and made
recommendations to County Council on April 25, 2017; and
WHEREAS, the Agency's project was one of ten (10) projects recommended by the
review team and authorized by the County Council for funding by Motion 17-129 approved on
May 3, 2017;
WHEREAS, the County determined that the Agency's project is eligible for the SCPP
grant funding; and
NOW, THEREFORE, in consideration of the mutual benefits and covenants contained
herein, the parties agree as follows:
1. Purpose of Agreement; Project Scope. The purpose of this Agreement is to
provide funding for the Agency's installation of a Memorial Wall water fountain at Veterans'
Plaza.
2. Term; Time of Performance. This Agreement shall be effective on the date on
which it has been executed by authorized representatives of both parties and shall expire on
December 31, 2017, The Agency shall commence Project work immediately and complete the
Project work required by this Agreement no later than December 31, 2017.
3. Reimbursement of Project Expenses. Subject to Section 6 hereof and upon the
completion of the Project to the satisfaction of the County, the County will reimburse the Agency
for Project expenses as set forth in the Project budget in Appendix A. The Agency shall submit a
request for reimbursement for Project expenses supported by detailed statements, including a W-
9 form and invoices from third parties incident to those Project expenses, if any, indicating
Project work performed as appropriate and consistent with the schedule of Project work outlined
in Appendix A. Total requests for reimbursement for this Project shall not exceed $5,000 (the
"Contract Maximum").
4. Direction and Control. The Agency agrees that it will perform the Project work
under this Agreement as an independent contractor and not as an agent, employee, or servant of
the County. The parties agree that neither the Agency nor its employees are entitled to any
benefits or rights enjoyed by employees of the County. The Agency specifically has the right to
direct and control Agency's own activities in performing the Project work in accordance with, the
specifications set out in this Agreement. The County shall only have the right to ensure
performance. Nothing in this Agreement shall be construed to render the parties partners or joint
ventures.
5. Changes. No changes or additions shall be made in this Agreement except as
agreed to by both parties, reduced to writing and executed with the same formalities as are
required for the execution of this Agreement.
2
6. Indemnifications and Hold Harmless. Except for the sole negligence of the
County, the Agency shall indemnify and hold harmless the County, its officers, officials, agents
and employees, from and against any and all suits, claims, actions, losses, costs, penalties and
damages of whatsoever kind or nature which are in any way resulting from Agency's activities
and/or services associated with this Agreement. The duty to indemnify and hold the County
harmless shall not extend to any claim regarding the Agency's eligibility to receive grant
funding, unless such claim arises out of a misrepresentation by the Agency to the County that the
County reasonably relied upon to its detriment.
In the event the County incurs attorney fees and/or costs in the defense of claims under
this provision such attorney fees and costs shall be recoverable from the Agency. In addition
Snohomish County shall be entitled to recover from the Agency its attorney fees, and costs
incurred to enforce the provisions of this section.
The indemnification, protection, defense and save harmless obligations contained herein
shall survive the expiration, abandonment or termination of this Agreement.
Nothing contained within this provision shall affect and/or alter the application of any
other provision contained within this Agreement.
7. Insurance; No Limitation.
At execution of this Agreement, the Agency, at its' own cost, shall have procured and
will maintain for the duration of this Agreement, General Liability and Commercial Automobile
Liability insurance with limits of not less than $1 million combined single limit per occurrence.
Subcontractors:
The Agency shall include all Subcontractors as insureds under its policies, or shall
furnish separate certificates of insurance and policy endorsements for each
Subcontractor. Insurance coverages provided by Subcontractors as evidence of compliance with
the insurance requirements of this Agreement not provided by the Agency, shall be subject to all
of the requirements stated herein.
8. Non -Discrimination. It is the policy of the County to reject discrimination which
denies equal treatment to any individual because of his or her race, creed, color, national origin,
families with children, sex, marital status, sexual orientation, age, honorably discharged veteran
or military status, or the presence of any sensory, mental, or physical disability or the use of a
trained dog guide or service animal by a person with a disability as provided in Washington's
Law against Discrimination, Chapter 49.60 RCW, and the Snohomish County Human Rights
Ordinance, Chapter 2.460 SCC. These laws protect against specific forms of discrimination in
employment, credit transactions, public accommodation, housing, county facilities and services,
and county contracts.
The Agency shall comply with Chapter 2.460 SCC, which is incorporated herein by this
reference. Execution of this Agreement constitutes a certification by the Agency of the Agency's
compliance with the requirements of Chapter 2.460 SCC. If the Agency is found to have
violated this provision, or to have furnished false or misleading information in an investigation
or proceeding conducted pursuant to Chapter 2.460 SCC, this Agreement may be subject to a
declaration of default and termination at the County's discretion. This provision shall not affect
the Agency's obligations under other federal, state, or local laws against discrimination.
9. Compliance with Laws. The Agency shall comply with all other applicable
federal, state and local laws, rules, and regulations in performing this Agreement.
10. Termination.
a. If the Agency breaches any of its obligations hereunder, and fails to cure the same
within five (5) business days of written notice to do so by the County, the County may terminate
this Agreement, in which case the County shall pay the Agency only for the costs of the Project
work accepted by the County for reimbursement in accordance with Sections 3 and 8 hereof.
b. The County may terminate this Agreement upon thirty (30) calendar days' written
notice to the Agency for any reason other than stated in paragraph a of this Section 14, in which
case the County shall pay the Agency for all costs incurred by the Agency in performing this
Agreement prior to the date of termination. Payment shall be made in accordance with Sections
3 and 8 hereof.
c. Termination shall not affect the rights of the County under any other section or
paragraph herein.
11. Notices. All notices and other communications shall be in writing and shall be
sufficiently given and shall be deemed given on the date on which the same has been mailed by
certified mail, return receipt requested, postage prepaid, addressed as follows:
If to the County: Snohomish County Council
3000 Rockefeller Avenue, M/S 609
Everett, Washington 98201
Attention: Carol Taber
Legislative Analyst
If to the Agency: City of Edmonds
700 Main Street
Edmonds, WA 98020
Attention: Carrie Hite, Director
Parks, Recreation & Cultural Service
The County or the Agency may, by notice to the other given hereunder, designate any
further or different addresses to which subsequent notices or other communications shall be sent.
12 Waiver. Failure of the County to exercise any rights or remedies under this
Agreement shall not be a waiver of any rights or remedies by the County and shall not prevent
the County from pursuing those rights or remedies at any future time.
13. Nonassignment. The Agency shall not subcontract, assign or delegate any of the
rights, duties or obligations covered by this Agreement without the prior express written consent
of the County.
14. Conflicts Between Attachments and Text. Should any conflicts exist between
any attached exhibit and schedule and the text of this Agreement, the text shall prevail.
15. Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington. Any lawsuit regarding this Agreement must be brought in Snohomish
County, Washington.
16 Authority. Each signatory to this Agreement represents that he or she has full and
sufficient authority to execute this Agreement on behalf of the County or the Agency, as the case
may be, and that upon execution of this Agreement it shall constitute a binding obligation of the
County or the Agency, as the case may be.
17. Severability. Should any clause, phrase, sentence or paragraph of this Agreement
be declared invalid or void, the remaining provisions of this Agreement shall remain in fuII force
and effect.
18. Complete Agreement. This Agreement constitutes the entire understanding of
the parties. Any written or verbal agreements that are not set forth herein or incorporated herein
by reference are expressly excluded.
SNOHOMISH COUNTY:
County Council
Date:
AGENCY:
Date: G 6 //7
Approved as to form only:
Counsel to the Agency Date
APPENDIX A
SCOPE OF WORK
AND PROJECT BUDGET
AGENCY: City of Edmonds
PROJECT: Memorial Wall Water Fountain at Veterans' Plaza
SCOPE OF WORK
1. The Agency will be reimbursed by the County for Project work, including eligible expenses
incurred in executing the Project, pursuant to the Agreement in an amount not to exceed the
Contract Maximum of $5,000.
2. The Agency shall install a water fountain at the new Veterans' Plaza.
Expenses eligible for reimbursement under the Agreement are defined as those listed in the
`COUNTY' line of the Project Budget below and, to the extent not inconsistent with this
Appendix A. Invoices submitted to the County by the Agency will include itemized invoices
from third parties, if any, for all eligible expenditures for which the Agency seeks
reimbursement. In order to ensure timely closeout of the Project, the Agency shall submit its
final invoice to the County no later than thirty (30) calendar days after completion of the Project
work to be reimbursed pursuant to this Agreement, PROVIDED THAT, in no event shall billings
submitted after that date to be paid by the County and PROVIDED FURTHER, that the
aggregate of all billings submitted by the Agency and paid by the County pursuant to this
Agreement shall not exceed the Contract Maximum of $5,000.
PROJECT BUDGET
Total Project Cost: $ 587,000
County SCPP Grant Funds: $ 5,000
Supporting entity contribution $ 582,000
VFW Post 8870 Edmonds