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Home My WebLink AboutAgreements/Contracts - Facilities & Maintenance (002)GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT:Facilitoes and Maintenance DATE: 11/14/2023 REQUEST SUBMITTED BY:Kevin Schmidt CONTACT PERSON ATTENDING ROUNDTABLE..Kevin Schmidt CONFIDENTIAL INFORMATION: DYES 0NO PHONE: 509-754-2011, Ext 3272 Dircios Snowplowing Contract A01% DATE OF ACTION: APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: ME ElAgreement / Contract FIAP Vouchers ElAppointment / Reappointment EIARPA Related El Bids / RFPs / Quotes Award 013id Opening Scheduled 0 Boards /Committees E]Budget RComputer Related E]County Code R Emergency Purchase El Employee Rel. iRFacilities Related El Financial E]Funds ElHearing EI Invoices / Purchase Orders ElGrants — Fed/State/County E]Leases EIMOA / MOU 7Minutes 70rdinances 7 Out of State Travel El Petty Cash ❑Policies El Proclamations 0 Request for Purchase El Resolution ❑ Recommendation El Professional Serv/Consultant El Support Letter OSurplus Req. E]Tax Levies ElThank You's E]Tax Title Property 0WSLCB Dircios Snowplowing Contract A01% DATE OF ACTION: APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: SNOW REMOVAL SERVICE CONTRACT PARTIES K23-269 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 Dircio's Landscaping, Inc 6582 Rd 10.2 NWJ Ephrata, 98823j"CONT RACT OR"). 2. EFFECTIVE DATE DURATION AND RENEWAL This CONTRACT shall take effect upon execution bythe Board of Commissioners and terminate on November 151 2026, 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 m.ay not automatically renew. 3. COST/PRICE ADJUSTMENTS Price Is locked through November 15, 2026. Afterthat-date, subjectto renewal as per 2. Above. The CONTRACTOR, upon 45 days written notice, may request cost adjustment negotiations with the COUNTY. 4. SERVICES CONTRACTOR agrees to provide to the COUNTY thefollowing snowplowing and related services atthe Grant County Juvenile Court and Youth Services, 303Abel Road, the Courthouse Campus Parking Lots at 35 C St .Nva, Ephrata,. Washington and the District Court Parking Lot at 152.5 -Wheeler Road Moses Lake, Wa: CONTRACTOR will 'provide personnel and equipment for, and perform, snow plowing and de -Icing. b. CONTRACTOR will perforin .snow plowing services 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 snow falls between 6pin and at CONTRACTOR will perform snowplowing services by Tarn. Contract 1 Snow Removal Contract d. CONTRACTOR will de-ice for an additional fee. e. CONTRA CTORshall be responsible for clean-up including, brut not limited to, snow removal within all designated areas asagreed. f. Coordinate with the COUNTY over any emergent work matters and/or projects. g. Contractor Js 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 $120,00 per event, for Juvenile Services at the Abel Rd Campus and $400 for the Courthouse Campus Lots at 35 C St NW Lots and $200 for the District Court Lot in Moses Lake (excluding Washington State sales tax), CONTRACTOR must submit invoices at the end of each monthly billingpebi b. If CONTRACTOR is requested to perform de-icing of designated areas, the COUNTY shall pay $85.00 per event for the Juvenile Services Lots on Abel Road and $.290-00 for the Courthouse Campus Lots at 35 C St NW and an additional $125.00 if requested for the Distri Gt Court Parking Lot at 1525 -wheeler Road Moses Lake, Wa (excluding Washington State sales tax). c. Invoice amounts will be based upon CONTRACTOWS services as rendered. Invoices must be detailed and must be submitted no later than ninety (90) calendardays afterthe date, of services have been rendered.Invoices received after this time will be, considered void.. d;1 Payments will be paid to CONTRACTOR within thirty (30) days following receipt of a properly detailed Invoice. 6. ASSIGNMENT. TRANSFER, AND SUBCONTPACTING 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 end of I Si persons directly orindirectly employed by such subcontractors, and for the acts and omis ons of persons employed directly by the CONTRACTOR, FURTHER, PROVIDED: No contractual relationship exists between any subcontractor and the COUNTY. 7. HOLD HARMLESS/INDEMNIFI CATION 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 theperformance 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 mutually negotiated by the parties. The provisions of this section shall survive the expiration of termination of this CONTRACT. 8. REQUIRED INSURANCE CONTRACTOR shall maintain for the duration of 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 shall cover such, claims as may be caused by any negligent actoromission. The COUNTY, its officers, officials, employees, and volunteer are to be covered and listed as additional inured; for liability arising outof 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 COU NTY'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 CONTRACTORS receipt of the notice of award of this CONTRACT. The poficy(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. 9. COMPLIANCE WITH LAWS 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 DiSGrilmination Act of 1975, the Americans with Disabilities Actof, 19190, and Section 504of the Rehabilitation Act of 19-73. Anysubletting orsubcontracting the 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 men't 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 byCONTRACTOR. 10. STATUS AS INDEPENDENT CONTRACTOR CONTRACTOR and COUNTY understand and expressly agree that CONTRACTOR will be an independent CONTRACTOR in theperformance of each Contract - 3 Snow RemovaLl Contract and every part of this CONTRACT. The CONTRA CTORI as an indepandont CONTRACTOR, assumes the entire responsibility for carrying out and accorn p lish ing 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. 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 marled by regular mail, postage prepaid tothe 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 ire the U.S. mails as required herein. Kevin Schmidt, Facilities and Maintenance Manager Grant County Courthouse 35 C St. NW Ephrata, WA 98823 Jeovani Dirclo 5822 Rd 10.2 NW Ephrata, WA 98823 13. CHOICE OF LAW AND VENUE This CONTRACT is govemed by the laws of Washington. The parties agree that any litigation concerning this CONTRACT must be brought in Grant County, Washington. Y and each party shall pay its own costs and attorneyfees. 14, ENTIRE AGREE MEN` These documents contain the entire agreement of the parties. Any enlargement, alteration or modification requires a written amendment signed by bothparties. Contract - 4 Snow Removal Contract EXECUTION The parties through their authorized agents have executed this CONTRACT on the dates set out below. DATE:I�q t 213 CONTRACTOR. ---- ----------------- - --- J eo va ni D i rci 0 Dirc7io's Landscaping,, Inc. UBI: 604-006-360 APPROVED THIS- DAY OF, 2023. Rob Jones, Chair ,4.-;; f s�%e Cindy Carter, Vice -Chair Dann .y Ston 4,Member ATTEST: /0011 US ,Z bara J. Vasq Board X proveo as to form. - Kevin McCrae -PeP� Prosecuting Attorney Contract - 5 Snow Removal Contract