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Home My WebLink AboutAgreements/Contracts - Facilities & MaintenanceMAILED K20-193 GRANT COUNTY SNOW REMOVAL SERVICE CONTRACT PARTIES THIS CONTRACT ("CONTRACT"), entered into by and between Grant County ("COUNTY"), duly organized and operating under and by virtue of the Constitution and the laws of the State of Washington, and Kevin Judkins, of KJ's Lawn Care and Maintenance, 1803 Basin St. SW, Ephrata, 98823, ("CONTRACTOR"). EFFECTIVE DATE DURATION AND RENEWAL This CONTRACT shall take effect upon execution bythe Board of Commissioners and terminate on November 15, 2021, unless terminated earlier in accordance with the terms of this CONTRACT. This CONTRACT may be renewed at the discretion of the COUNTY in one (1) year intervals. Contract may not automatically renew. 3. COST/PRICE ADJUSTMENTS Price is locked through November 15, 2021. After that date, subject to renewal as per 2. Above. The CONTRACTOR, upon 45 days written notice, may request cost adjustment negotiations with the COUNTY. SERVICES CONTRACTOR agrees to provide tothe COUNTY the following snowplowing and related services at the Grant County Juvenile Courtand Youth Services, 303 Abel Road, the Courthouse Campus Parking Lots at 35 C St NW, Ephrata, Washington and the District Court Parking Lot at 1525 Wheeler Road Moses Lake, Wa: a. CONTRACTOR will provide personnel and equipment for, and perform, snow plowing and de-icing. b. CONTRACTOR will perform snow plowing services if either one (1) inch of snow accumulates within the designated areas or a request for snow plowing services is requested by the Facilities and Maintenance Manager (currently Kevin Schmidt) or Grant County approved designee. C. CONTRACTOR will provide snow plowing services within three (3) hours of one (1) inch of snow accumulation, or if snowfalls between 6pm and 6am CONTRACTOR will perform snowplowing services by 7am. Contract 1 Snow Removal Contract d. CONTRACTOR will de-ice for an additional fee. e. CONTRACTOR shall be responsible for clean-up, including, but notlimited to, snow removal within all designated areas as agreed. f. Coordinate with the COUNTY over any emergent work matters and/or projects. g. Contractor is not responsible for snow removal or de-icing of sidewalks. 5. PAYMENT a. In consideration for the snow removal services to be provided, the COUNTY shall pay $100 per event, for Juvenile Services at the Abel Rd Campus and $400 for the Courthouse Campus Lots at 35 C St NW Lots and $100 for the District Court Lot in Moses Lake (excluding Washington State sales tax). CONTRACTOR must submit invoices at the end of each monthly billing period. b. If CONTRACTOR is requested to perform de-icing of designated areas, the COUNTY shall pay $400 per event for the Juvenile Services Lots on Abel Road and the Courthouse Campus Lots at 35 C St NW and an additional $50 if requested for the District Court Parking Lot at 1525 Wheeler Road Moses Lake, Wa (excluding Washington State sales tax). c. Invoice amounts will be based upon CONTRACTOR'S services as rendered. Invoices must be detailed and must be submitted no later than ninety (90) calendar days afterthe date of services have been rendered. Invoices received after this time will be considered void. d. Payments will be paid to CONTRACTOR within thirty (30) days following receipt of a properly detailed invoice. 6. ASSIGNMENT, TRANSFER, AND SUBCONTRACTING The CONTRACTOR shall not assign, transfer, or subcontract any portion of this Contract without the express written consent of the COUNTY. PROVIDED: The CONTRACTOR shall be responsible to the COUNTY for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the CONTRACTOR. FURTHER, PROVIDED: No contractual relationship exists between any subcontractor and the COUNTY. HOLD HARMLESS/INDEMNIFICATION The CONTRACTOR shall defend, indemnify and hold the COUNTY, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or in connection with the performance of the CONTRACT, except for injuries and damages caused by the sole negligence of the COUNTY. Contract - 2 Snow removal Contract This waiver has been mutuallv negotiated by the Darties. The provisions of this section shall survive the expiration of termination of this CONTRACT. REQUIRED INSURANCE The CONTRACTOR shaft maintain for the duration ofthe CONTRACT, at its cost and expense, insurance against claims for injuries to persons or damages to property, including contractual liability, with limits of $1,000,000 per occurrence and $2,000,000 annual aggregate, which may arise from or in connection with the performance of the work by the CONTRACTOR, agents, employees, representatives, assigns, or subcontractors. This insurance shaft cover such claims as may be caused by any negligent actoromission. The COUNTY, its officers, officials, employees, and volunteers are to be covered and listed as additional in9ureds; for liability arising out of activities performed by or on behalf of the CONTRACTOR, including the insured's general supervision of the CONTRACTOR; products, and completed operations; premises owned, leased, occupied, or used. Certificates or other evidence satisfactory to the CONTRACTOR and to the COUNTY confirming the existence, terms, and conditions of all insurance required in this CONTRACT shaft be kept on file by CONTRACTOR and provided to the COUNTY's Administrative Services Coordinator within ten (10) days of CONTRACTOR'S receipt of the notice of award of this CONTRACT. The policy(ies) of insurance required to be maintained in accordance with this CONTRACT shaft not be canceled or given notice of non -renewal nor shaft the terms or conditions thereof be altered or amended without thirty (30) days' prior written notice given to the COUNTY. COMPLIANCE WITH LAWS The CONTRACTOR must, in performance of work under this CONTRACT, fully comply with all applicable federal, state, or local laws, rules, and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Actof 1990, and Section 504 of the Rehabilitation Act of 1973. Anysubletting or subcontracting bythe CONTRACTOR subjects subcontractors to the same provision. The CONTRACTOR agrees thatthe hiring of persons to perform the CONTRACT will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by CONTRACTOR. 10. STATUS AS INDEPENDENT CONTRACTOR CONTRACTOR and the COUNTY understand and expressly agree that CONTRACTOR will be an independent CONTRACTOR in the performance of each Contract - 3 Snow Removal Contract and every part of this CONTRACT. The CONTRACTOR, as an independent CONTRACTOR, assumes the entire responsibility for carrying out and accomplishing the work/services required under this CONTRACT. CONTRACTOR and its officers, employees, agents, instructors shall make no claim of COUNTY employment nor shall claim any related employment benefits, social security, and/or retirement. 11. CONTRACT TERMINATION The County may, by written notice to the CONTRACTOR, terminate this CONTRACT without cause. The County must give notice of termination to the CONTRACTOR at least thirty (30) days prior to the effective date of termination. 12. NOTICE All notices which may be required pursuant to the terms hereof are to be in writing and delivered personally to the party named below to receive the same or mailed by regular mail, postage prepaid to the address specified adjacent to the parties'signatures. All notices shall be deemed served upon delivery thereof or three (3) days following deposit of the notice in the U.S. mails as required herein. Kevin Schmidt, Facilities and Maintenance Manager Grant County Courthouse 35 C St. NW Ephrata, WA 98823 Kevin Judkins, Owner KJ's Lawn Care & Maintenance, LLC 1803 Basin Street SW Ephrata, WA 98823 13. CHOICE OF LAW AND VENUE This CONTRACT is governed by the laws of Washington. The parties agree that any litigation concerning this CONTRACT must be brought in Grant County, Washington, and each party shall pay its own costs and attorneyfees. 14. ENTIRE AGREEMENT These documents contain the entire agreement of the parties. Any enlargement, alteration or modification requires a written amendment signed by both parties. Contract - 4 Snow Removal Contract 15. EXECUTION The parties through their authorized agents have executed this CONTRACT on the dates set out below. DATE: (O 2IP �% APPROVED THIS', i DAY OF ATT�ST: Ba J. Vasque , of Approved as to form: Kevin cCrae Deputy Prosecuting Attorney Contract - 5 Snow Removal Contract %Vor/(✓�Y�,,., 2020. BOARD OF COUNTY COMMISSIONERS er, Ch '� L I Cindy Carter, Chair Richard Stevens, Member ................................. !I Tom Taylor, Vice Chair