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HomeMy WebLinkAboutPK11-185 - Original - WA State Dept of Natural Resources - Map and Assess 219 Acres of City Owned Urban Forests - 05/13/2011 �� v WASHINGTON STATE DEPARTMENTOF Natural Resources PETER GOLDMARh- :.ommissiooet ct Public Lands INTERAGENCY AGREEMENT WITH THE City of Kent Parks,Recreation & Community Services Agreement No. IAA-11-283/K244-08-DG-014 USDA Forest Service CFDA Number 10.664 This Agreement is between the City of Kent Parks, Recreation& Community Services and the Washington State Department of Natural Resources,Resource Protection Division,referred to as DNR. DNR falls under authority of RCW`Chapter 43.30 of Washington State, Department of Natural Resources. DNR and the City of Kent Parks, Recreation& Community Services herein after referred to as the Grantee, enter into this agreement under Chapter 39.34, Inter-local Cooperation Act. The purpose of this Agreement is to map and assess the 219 acres of City-owned urban forests and natural areas in the Panther Lake annaexation area and update the 20-year plan. As well as reach out to neighborhood residents to give them the opportunity to become engaged with work parties and trainings held in their area. IT IS MUTUALLY AGREED THAT: 1.01 Statement of Work.The Grantee shall furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to performing work set forth in the Attachment"A". 1.02 The Grantee shall produce a mid-report by January 15, 2012, and a final report upon project completion summarizing work performed and evaluating the performance and results of this agreement. 2.01 Period of Performance. The period of performance of this Agreement shall begin upon final execution by both parties, and end on June 30,2012,unless terminated sooner as provided herein. 3.01 Payment. Pay for the work provided is established under RCW 39.34.130. The parties estimate that the cost of accomplishing the work will not exceed nine thousand nine hundred and eighty-four dollars $9,984. Payment for satisfactory performance of work shall not exceed this amount unless the parties mutually agree to a higher amount before beginning any work that 1 of 7 Agreement No IAA-11-283/K244-08-DG-014 I f could cause the maximum payment to be exceeded:Pay for services shall be based on the rates and terms described in Attachment`B". 4.01 Billing Procedures. The Grantee shall submit invoices no more than 4 times during the period of performance stated in section 2.01. Payment to the Grantee for approved and completed work will be made by warrantor account transfer within 30 days of receivin;invoice. When the contract expires, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year,whichever is earlier. 5.01 Records Maintenance.The Grantee shall maintain books,records, documents and other evidence, to sufficiently document all direct and indirect costs incurred by the City of Kent Parks, Recreation & Community Services in providing the services. These records shall be available for inspection,review, or audit by personnel of the DNR, other personnel authorized by the DNR, the Office of the State Auditor, and federal officials as authorized by law The Grantee shall keep all books, records, documents, and other material relevant to this Agreement for six years after agreement expiration. The Office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access to and the right to examine any of these materials during this period. Records and other documents in any medium furnished by one party to this agreement to the other party will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose this material to any third parties without first notifying the furnishing party and giving it a reasonable opportunity to respond. Each party will use reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 6.01 Rights to Data. Unless otherwise agreed, data originating from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the DNR and the Grantee. Data shall include,but not be limited to, reports, documents, pamphlets, advertisements,books,magazines, surveys, studies, computer programs, films,tapes, and/or sound reproductions. Ownership includes the right to use, copyright, patent,register and the ability to transfer these rights. 7.01 Independent Capacity.The employees or agents of each party who are engaged in performing this agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 8.01 Amendments.This Agreement maybe amended by mutual agreement of the parties. Amendments shall be In writing and signed by personnel authorized to bind each of the parties. 9.01 Termination. Either party may terminate this Agreement by giving the other party 30 days prior written notice. If this Agreement is terminated, the terminating party shall be liable to pay only for those services provided or costs incurred prior to the termination date according to the terms of this Agreement. 10.01 Termination for Cause. If for any cause either party does not fulfill in a timely and under this Agreement, or if either art violates an of the terms proper manner its obligationsgr p Y Y and conditions, the aggrieved party will give the other party written notice of the failure or 2 of 7 Agreement No IAA-11-283/K244-08-DG-014 4 t violation. The aggrieved party will give the other party 15 working days to correct the violation or failure. If the failure or violation is not corrected within 15 days,the aggrieved party may immediately terminate this Agreement by notifying the other party in writing. 11.01 Disputes. If a dispute arises, a dispute board shall resolve the dispute like this: Each party to this agreement shall appoint a member to the dispute board. These board members shall jointly appoint an additional member to the dispute board. The dispute board shall evaluate the facts, contract terms, applicable statutes and rules, then determine a resolution. The dispute board's determination shall be final and binding on the parties. As an alternative to the dispute board, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330. In this case, the Governor's process will control the dispute resolution. 12.01 Governance.This contract is entered into the authority granted by the laws of the State of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: (1) Applicable State and federal statutes and rules; (2) Statement of Work, and (3) Any other provisions of the agreement, including materials incorporated by reference. 13.01 Assignment.The work to be provided under this Agreement and any claim arising from this agreement cannot be assigned or delegated in whole or in part by either party, without the express prior written consent of the other party.Neither party shall unreasonably withhold consent. 14.01. Waiver. A party that fails to exercise its rights under this agreement is not precluded from subsequently exercising its rights. A party's rights may only be waived through a written amendment to his agreement. 15.01 Severability.The provisions of this agreement are severable. If any provision of this Agreement or any provision of any document incorporated by reference should be held invalid, the other provisions of this Agreement without the invalid provision remain valid. 16.01 Insurances. The Grantee and DNR are part of the State of Washington and are protected by the State's self-insurance liability program as provided by Chapter 4.92 RCW. These agencies have entered into this agreement to provide/perform the Green Kent Partnership described therein. This agreement will terminate on the date listed in the period of performance. The agencies agree to share responsibility equally for losses that arise out of this agreement. (1) General Insurance Requirements At all times during the term of this agreement, the Contractor shall, at its cost and expense,buy and maintain insurance of the types and amounts listed below. Failure to buy and maintain the required insurance may result in the termination of the agreement at DNR's option. 3 of 7 Agreement No IAA-11-283/K244-08-DG-014 • r • e All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports unless otherwise approved by DNR. Any exception must be reviewed and approved by the DNR Risk Manager or in the absence of, the Contracts Specialist at FMD,before the contract is accepted If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. Before starting work, Contractor shall furnish DNR, with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified in the bid/proposal, if applicable, and Agreement. Said certificate(s) shall contain the Contract number IAA-11-283/K244-08-DG-014, name of DNR Project Manager, a description, and include the State of Washington, DNR, its elected and appointed officials, agents, and employees as additional insured on all general liability, excess,umbrella and property insurance policies. Contractor shall include all subcontractors as insureds under all required insurance policies,or shall furnish separate certificates of insurance and endorsements for each subcontractor. Subcontractor(s)must comply fully with all insurance requirements stated herein. Failure of subcontractor(s)to comply with insurance requirements does not limit Contractor's liability or responsibility. All insurance provided in compliance with this contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by DNR. Contractor waives all rights against DNR for recovery of damages to the extent these damages are covered by general liability or umbrella insurance maintained pursuant to this Agreement. DNR shall be provided written notice before cancellation or non-renewal of any insurance referred to therein, in accord with the following specifications. (1) Insurers subject to Chapter 48.18 RCW(Admitted and Regulated by the Insurance Commissioner): The insurer shall give DNR 45 days advance notice of cancellation or non-renewal. If cancellation is due to nonpayment of premium, DNR shall be given 10 days advance notice of cancellation. (2) Insurers subject to Chapter 48.15 RCW (Surplus lines): DNR shall be given 20 days advance notice of cancellation. If cancellation is due to nonpayment of premium, DNR shall be given 10 days advance notice of cancellation. In lieu of the coverages required under this section, DNR at its sole discretion may accept evidence of self-insurance by the Contractor,provided Contractor provides the following: Contractor shall provide a statement by a CPA or actuary, satisfactory to DNR that demonstrates Contractor's financial condition is satisfactory to self-insure any of the required insurance coverages. DNR may require Contractor to provide the above from time to time to ensure Contractor's continuing ability to self-insure. If at any time the Contractor does not 4 of 7 Agreement No IAA-11-283/K244-08-DG-014 satisfy the self-insurance requirement, Contractor shall immediately purchase insurance as set forth under this section. By requiring insurance herein, DNR does not represent that coverage and limits will be adequate to protect Contractor and such coverage and limits shall not limit Contractor's liability under the indemnities and reimbursements granted to DNR in this contract. The limits of insurance,which may be increased by DNR, as deemed necessary, shall not be less than as follows (1) Commercial General Liability(CGL) Insurance: Contractor shall maintain general liability(CGL) insurance, and, if deemed necessary as determined by DNR, commercial umbrella insurance with a limit of not less than$1,000,000 per each occurrence and$2,000,000 for a general aggregate limit. The products-completed operations aggregate limit shall be $2,000,000. CGL insurance shall be written on ISO occurrence form CG 00 01 (or substitute form providing equivalent coverage). All insurance shall cover liability arising out of premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract), and contain separation of insureds (cross liability) conditions. (2) Employers Liability(Stop Gap) Insurance: If Contractor shall use employees to perform this contract, Contractor shall buy employers liability insurance, and, if deemed necessary as determined by DNR, commercial umbrella liability insurance with limits not less than$1,000,000 each accident for bodily injury by accident or$1,000,000 each employee for bodily injury by disease. (3) Business Auto Policy(BAP) Insurance: Contractor shall maintain business auto liability and, if deemed necessary as determined by DNR, commercial umbrella liability insurance with a limit not less than$1,000,000 per accident. Such insurance shall cover liability arising out of"any Auto." Business auto coverage shall be written on ISO form CA 00 01, or substitute liability form providing equivalent coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage and cover a"covered pollution cost or expense"as provided in the 1990 or later editions of CA 00 01. Contractor waives all rights against DNR for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance. (4) Workers' Compensation Insurance: Contractor shall comply with all State of Washington workers' compensation statutes and regulations. Workers' compensation coverage shall be provided for all employees of Contractor and employees of any subcontractor or sub-subcontractor. Coverage shall include bodily injury(including death)by accident or disease, which arises out of or in 5 of 7 Agreement No IAA-11-283/K244-08-DG-014 connection with the performance of this contract. Except as prohibited by law, Contractor waives all rights of subrogation against DNR for recovery of damages to the extent they are covered by workers' compensation, employer's liability, commercial general liability or commercial umbrella liability insurance. Contractor shall indemnify DNR for all claims arising out of Contractor's, its subcontractor's, or sub-subcontractor's failure to comply with any State of Washington workers' compensation laws where DNR incurs fines or is required by law to provide benefits to or obtain coverage for such employees. Indemnity shall include all fines,payment of benefits to Contractor or subcontractor employees, or their heirs or legal representatives, and the cost of effecting coverage on behalf of such employees. Any amount owed to DNR by Contractor pursuant to the indemnity may be deducted from any payments owed by DNR to Contractor for performance of this Contract. (5) To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless DNR, its officials, agents and employees, from and against all claims arising out of or resulting from the performance of the Agreement. "Claim" as used in this agreement means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys' fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. Contractor's obligation to indemnify, defend, and hold harmless includes any claim by Contractor's agents, employees, representatives, or any subcontractor or its employees. Contractor expressly agrees to indemnify, defend, and hold harmless DNR for any claim arising out of or incident to Contractor's or any subcontractor's performances or failure to perform the Agreement. Contractor's obligation to indemnify, defend, and hold harmless DNR shall not be eliminated or reduced by any actual or alleged concurrent negligence of DNR or its agents, agencies, employees and officials. Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless DNR and its agencies, officials, agents or employees. 17.01 Complete Agreement in Writing.This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. 18.01 Contract Management.The Project Coordinator for each of the parties shall be the contact person for this agreement. All communications and billings will be sent to the project coordinator. 6of7 Agreement No IAA-11-283/K244-08-DG-014 19.01 Project Coordinators. (1) The Project Coordinator for the Agency is Victoria Andrews. Telephone Number 253-856-5113. (2) The Project Manager for DNR is Sarah Foster. Telephone Number 360-902-1704. IN WITNESS WHEREOF,the parties have executed this Agreement. Grantee Dated: b , 20// By: Title: Address: 22o Cdl�t/�AY�.5. , AC./t7,VA• Phone: '253 'f b 6�a STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: // 1,0 IS , 20// By: A�— r oseph P. Shramek Title: Division Manager Address: 1111 Washington St SE Olympia, Wa 98504-7037 Interagency Agreement Approved as to Form 9129/97 By the Assistant Attorney General State of Washington 7 of 7 Agreement No IAA-11-283/K244-08-DG-014 4 ' R " "ATTACHMENT A N 2011 Community Forestry Assistance Grant Proposal' 2 7 2011 € i!SOUFiCB P8u i L-CTION APPLICATION FORM Project name (five words or less) Green Kent Partnership Location (City) Kent Tree City USA 0 Y 0 N Name of Applicant (Organization) City of Kent Parks Recreation & Community Services Daytime Phone#253-856-5113 Applicant's Federal I D. Number 91-6001254 Address of Applicant 220 4th Avenue South City Kent State WA Zip 98032 Contact Person Victoria L. Andrews Daytime Phone #: 253-856-5113 Fax#. 253-856-6050 E-mail Address vandrews(cD_ci kent.wa us Brief Description of Project and Objective: Organization's mission: Kent Parks, Recreation & Community Services has been a full-time department since 1959. The Parks Department is committed to providing safe and inviting parks and facilities, and offer meaningful and inclusive recreational, cultural and human service programs. Our mission is* Dedicated to Enriching Lives. Project's purpose In July 2010, the City of Kent annexed an area known as Panther Lake, adding 25,000+ new residents and 219 acres of parks, urban forests and other natural areas This grant will enable the Green Kent Partnership to include all community members and all of Kent's public lands, not just those encompassed prior to July 2010. Project's objectives and benefits, Our city's natural areas require our intervention to prevent the loss of tree canopy and habitat to invasive weeds that are outcompeting native species Recognizing the limitations of current staff resources to adequately assess and address the problem, Kent Parks and Public Works Departments began collaborating on finding efficient solutions In 2009, Kent became the fifth Green City committed to working with the community to actively manage its urban forests and natural areas. The others are Seattle, Kirkland, Redmond and Tacoma. A $95,000 grant from the King Conservation District (KCD) in 2010 enabled Kent to launch the Green Kent Partnership: 1,189 acres of City-owned urban forested parks and other natural areas were surveyed and evaluated by Cascade Land Conservancy to establish baseline conditions. A detailed map and 20-year management plan were created. s The KCD grant was approved prior to the July 1, 2010 annexation of an additional 219 acres of parks, urban forests and wetlands in an area of unincorporated King County formerly known as Panther Lake Over 25,000 people live in the newly annexed area. We have a mandate to apply services consistently to every citizen Panther Lake residents deserve a healthy environment, strong property values, and the other benefits of the Green Kent Partnership, too, even in the economy in which the City is currently operating. Scope of work: 1)With the assistance of the Community Forestry Assistance Grant, the 219 acres of City-owned urban forests and natural areas in the Panther Lake annexation area will be mapped and assessed for baseline conditions by Cascade Land Conservancy and International Forestry Consultants 2) The 20-year plan will be updated to include the newly annexed area as well as three parcels purchased by Kent Parks after initial mapping was done 3) Public outreach and education will be extended to Panther Lake neighborhood residents, and they will be given the opportunity and Call to Action to become actively engaged, by assisting an already trained Green Kent Steward in their area at work parties, by becoming a Green Kent Steward at the next training held, and by learning how to recognize and remove invasive plants in their yards 4) The grant includes staff support for the special programs manager, who will recruit and educate volunteers, and a maintenance worker to assist at Green Kent and other volunteer events in the Panther Lake area. Facilities and equipment- This project will focus on the Panther Lake annexation area in the northeast section of Kent. It includes three parks (42 8 acres), three newly acquired parcels that will be developed into parks (40 31 acres) and 135 8 acres of wetlands and other natural areas managed by the Public Works Department Parks and Public Works personnel make hand tools available to trained volunteer Green Kent Stewards Staff bring any heavy equipment needed to mow, prune overhanging tree branches and address other site needs when there are no volunteers present Consultants use their own equipment to map and assess the areas. Project's outreach to culturally diverse populations, educational value and ability to be replicated. The City of Kent, which has been a Tree City USA since 2003, is increasingly diverse, with 114 languages spoken in the Kent School District. Many of those students, including those in the annexation area, which is part of the Kent School District, take part in the City's Plant the Planet program and learn about native plants High school students from virtually every ethnic and cultural group in the City participate in our volunteer events to earn required community service credits And, as Green Kent Stewards get more active, students can be directed to work parties closer to their homes In our outreach materials, we increasingly rely on colorful graphic representations of active vs. passive forest management that are immediately understandable by those who may not speak English. Property owners adjacent to parks and natural areas are largely unaware that the English ivy, holly and laurel, Himalayan blackberries, and other plants they have on their property are not native to the Northwest. Their seeds are spread indiscriminately by birds and the wind. Parks and Public Works staff are frequently asked what they are doing and why It will be the same with our Green Kent stewards, wearing their "Ask Me About the Green Kent Partnership" reflective T-shirts. They will become our ambassadors, just as staff are who lead community restoration events. The Kent TV-21 public access channel and YouTube will run a feature about how to recognize and remove invasive species as well as how to plant native trees and shrubs. As the first Green City, the Green Seattle Partnership now has five years of success stories and more than 100 stewards actively leading their neighbors and friends in environmental restoration activities Over the next 20 years, if every Kent resident, including the 25,000+ in Panther Lake annexation area, contributed just 6 hours, staff and neighbors together would achieve our goal of restoring and maintaining the City's parks and natural areas That's 800,000 hours valued at $11 2 million, We have seen what is possible in Seattle and the other Green Cities, and with Kent's already vibrant volunteer base, we are certain we will achieve our goals. We anticipate that other cities will recognize the value of joining this regional effort and extend it beyond Puget Sound. Timetable, reasonable cost, The project will be concluded by the end of 2011. The per-resident cost to include Panther Lake's natural areas in the 20-year urban forest management plan is less than $1.87. That is a significant ROI for the City of Kent, the Urban and Community Forestry Program and the health of our urban forests. Is this project currently funded through another entity? ❑ Yes 0 No Was this project previously funded through another entity? ❑ Yes Z No* *This is a new component of a 20-year project that received funding for Year 1 through another entity. DNR funds requested from budget work sheet $9,984 Applicant share provided from budget work sheet $5,744 In-kind share from budget work sheet $626 Cash donations from budget work sheet $0 Total amount of project from budget work sheet $16,353 By signing this grant proposal application form the undersigned agrees that all information is accurate to the best of their knowledge Victoria L Andrews Special Programs Manager 1/25f2011 Name and Title of Representative Date 2 ck ignature of Autho ,zed Representative Date back ATTACHMENT B BUDGET WORKSHEET Applicant City of Kent Parks Recreation & Community Services Project Name Green Kent Partnership ITEM Grant Applicant In-Kind TOTAL Share International Forestry Consultants: $2,904 $2,904 assessment/mapping of city-owned parks and natural areas in the newly annexed area known as Panther Lake and three newly acquired park parcels: 219 acres @ $13 26/acre Cascade Land Conservancy update 20- $1,250 $3,050 year management plan and integrate $1,800 newly annexed natural areas into Green Kent Partnership goals. Green Cities Director: 10 hrs. X $125/hr. Green Cities Associate: 20 hrs. X $90/hr. Community Outreach- (print and $4,030 $4,030 electronic) with a focus on how to 1) recognize/ remove invasive plants and 2) get involved in Green Kent. 8-1/2" x 5- 1/2" postcards (10,000 printed & mailed). 30,000 flyers for community fairs, cultural/school events, etc.-possibly in multiple languages Project oversight: special programs $1,680 $1,680 manager. 40 hrs. @$42/hr. Spec. programs mgr.- recruiting, training $3,360 $3,360 and supporting minimum of 3 new Green Kent stewards from Panther Lake area: $80 hrs $42/hr. Volunteer match: training, site visit, first $626 $626 staff-supervised work parties for 3 new stewards: 10 hrs. X 3 vols. @$20.85/hr. Maintenance support at training, site $644 $644 visits, first work parties 20 hrs. @$32.22/hr. Field supplies for stewards gloves, T- $60 $60 shirts, field guide, clipboard, logs, etc.: $20 each X 3 stewards TOTAL ($1 OK max) J $9,984 $5,744 $626 $16,353 - - REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENT WpSNINGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) L� Originator: Victoria Andrews Phone (0ri inator): X 5113 Date Sent: 5/4-/1T- Date Required: 5/11/11 Return Signed Document o: Victoria CONTRACT TERMINATION DATE: 6/30/12 VENDOR NAME: WA State Department of DATE OF COUNCIL APPROVAL: 5/3/11 Natural Resources Grant Brief Explanation of Document: Staff submitted a Community Forestry Assistance Grant request to the WA Department of Natural Resources for $9,984 in funding for the Green Kent Partnership. Specifically, the funding will be used to hire consultants to assess city-owned parks and natural areas in the Panther Lake area; amend the 20-year management plan with the new information; and create community outreach materials on the Green Kent Partnership, specifically how to recognize and remove invasive plants. The grant contract runs through June 30, 2012. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) r�.. R� Received: ��-' `_ Lj Approval of Law Dept.: MAY 0 5 L511 Law Dept. Comments: r F IDEPT 1 VEIL'( UlJ UA4 E Ot S .tom�.ktY Date Forwarded to Mayor: `, 5f6/1/ X��J Shaded Areas To Be Completed By Administration S f r . nil CIT; C,1 t'<j