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HomeMy WebLinkAboutPK12-099 - Original - FORTERRA - Green Kent Partnership - 04/30/2012 Records M �� ge m e n �� ., KENT Document WA5HINGTON 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 Clerk's Office. Vendor Name: FORTERRA Vendor Number: JD Edwards Number C Contract Number: This is assigned by City Clerk's Office Project Name: Green Kent Partnership Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: 02` Contract Effective Date: 2/2012 Termination Date: '2 2013 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Vtc�tz��flc A�L�Lpx�5 -P�S �P�ar De,� Contract Manager: T om— Department: piar .r. At Detail: (i.e. address, location, parcel number, tax id, etc.): Consultant Agreement for Green Kent Plan implementation s Publlc\RecordsManagement\Forms\ContractCover\adtt7832 11/08 KENT WhSHINGTCN CONSULTANT SERVICES AGREEMENT between the City of Kent and FORTERRA THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and FORTERRA, organized under the laws of the State of Washington, located and doing business at 615 2nd Avenue, Suite 600, Seattle, Washington, 98104, 206-905- 6923, Contact: Teresa Macaluso (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Subject to prior, written notice from the City that adequate funding is available, Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: See attached Scope of Services for implementation of the Green Kent Partnership. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by February 28, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty One Thousand, Two Hundred Forty and No/100 ($21,240.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data that would have been provided to the City under this agreement. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. If this Agreement is terminated, the City shall be liable only for payment required under the terms of this Agreement for services rendered prior to the effective date of termination. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers 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 Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed and provided to the City under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any a of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. 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. C. 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 VII of this Agreement. D. Written Notice. All communications regarding this Agreement 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. E. 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. F. 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 each party. G. 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, and such 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 above documents 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By:— / By: (signature) (signature) Print Name: Teresa Macaluso Pri N S zette Cooke Its CAO Its '--Mayor (title) DATE: `� �� R I rZ DATE: o c NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Kory Kramer Victoria Andrews FORTERRA City of Kent 615 2Id Avenue, Suite 600 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 206-905-6923 (telephone) 206-577-2973(facsimile) (253) 856-5113 (telephone) (253) 856-6050 (facsimile) APPROVED AS TO Kent Law Department FORTERM Green Kent Is m T oft" CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) s DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this g� day ofr0+'' � , 209� By:____ / � ' 1 For: Title: Date: 'ul 14 JlZ UWAVS VP—COO EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY i NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 GREEN KENT PA RT N E R S H I P . ,. ., Natural Area Restoration 1Sites 1 141 jj ✓. +fir..-_ -�:.� Scope of Work March 201 2 — February 2013 : i Implementing the Green Kent Partnership Presented to City of Kent, Parks, Recreation, and Community Services by Forterra FORT&RRA Green Kent Partnership Goals From 20-Year Park and Natural Area Management Plan Actively manage all 1,189 acres of Kent's public natural areas by 2030 by removing invasive plants and replanting native trees, shrubs, and ground cover, attending to past plantings, monitoring for invasive regrowth, and providing long-term maintenance. Budd community capacity by teaching restoration practices to volunteers. Create a Green Kent Steward program to help coordinate active community leaders for each natural area. Create and implement a public involvement plan to educate and engage the community in stewardship projects. Establish resources to sustain the program for the long term. Identify and conserve additional forested, wetland, and other natural areas that provide important ecological and public benefits, with a special emphasis on connectivity through habitat corridors and trails Educate citizens and landowners about the value of healthy native vegetation on private property as an important component of Kent's green infrastructure i Overview In 2012,the Green Kent Partnership managing partners(the City of Kent and Forterra)will continue to solidify the base we built over our first years together We will ensure that organizational systems and community support are robust in order to allow the program to reach its 2012 goals and be poised for success in future years We will grow the Stewards program into a larger, sustainable network of dedicated volunteers to support restoration on the ground. As City of Kent staff continues to take ownership of the day-to-day functions of the program, Forterra will help coordinate the Management Team and provide support to ensure that the program goals are met and that Parks, Recreation, and Community Service staff and Public Works staff continue to successfully collaborate Forterra will also focus on helping increase volunteer recruitment, assessing the quality of restoration, and providing Stewards with tramings, orientations,and resources to be successful Forterra will serve as the connection to the greater Green Cities Network, providing resources and tools created by other programs, and facilitating sharing knowledge between partnership staff through in-person and conference call forums,on-line resources,and shared tools. We will again follow the benchmarks laid out for 2012 in the 20-Year Park and Natural Area Management Plan enrolling 15 new acres into the initial phases of restoration and 10 new acres into monitoring and maintenance, recruiting and managing 6,100 volunteer hours, supporting the Steward program and adding new Stewards, promoting the Partnership in the media, working on a campaign plan for the Partnership, supporting the Management Team, coordinating staff training opportunities, and reporting and celebrating our successes. Forterra will also continue to leverage additional funding in the form of private donations and other grants as time allows and as desired by the Green Kent Partnership Management Team.These opportunities are not listed in this Scope of Work since they are difficult to forecast. In 2012, however, Forterra will continue to bring substantial leveraged funding to the Green Kent Partnership in the form of a carbon mitigation project and two US Forest Service grants To clarify the different responsibilities and deliverables associated with these funds, a Leveraged Program Deliverables section is included after Forterra's Responsibilities and Deliverables. Green Kent Partnership Scope of Work 2012 11 Page 1 . Scope of Work for January - December 2012 COMMUNITY In 2012,we will assess our current volunteer program, including marketing and media strategies.We will ensure that we are maximizing our efforts to reach out to potential volunteers in the community, and continue to brand the Partnership as an outlet for people to make positive change in their local environmental health,and a public education opportunity for urban natural area restoration The Stewards program will move from its infancy last year into a more streamlined and structured, supported effort Green Kent Partnership 2012 Strategic Benchmarks: Community f ntinue ! ForestSteward program ! one per ! britypark d, ,Media campaign focused • stories • Stewards Nolunteers,and corporate participation lWorkwi�"ools to develop youth I • ! i Forterra's Responsibilities and Deliverables • Oversee volunteer tracking to reinforce outreach efforts, record progress towards volunteer goals,and market the program's reach• • Quarterly reports created with data from City staff and submitted for internal reporting needs, and annual reports produced for public stakeholders • Outreach support to help the Partnership to better reach environmental,stewardship,and civic volunteering community in Kent • Volunteer Database stores volunteer hours logged for Green Kent Partnership work, or an appropriate level of volunteer support to reach field work goals and other benchmarks • Assist with monthly short email and quarterly e-newsletter for volunteers and supporters • Assist City staff in fielding questions from prospective and current volunteers and the media Green Kent Partnership Scope of Work 2012 2 1 Page • Keep website (www.Preenkent.org) updated with upcoming volunteer events,opportunities for involving community members, and recent news: • Website updated every other week,as a regularly-scheduled batch change Last- minute changes will be done additionally as schedules permit • E-mail inquiries responded to in a timely manner and appropriate staff or other partners notified • Support Green Kent Stewards by directing volunteers towards their sites. • Assist with Green Kent Steward program,with a minimum of 15 active Stewards • Assist City of Kent staff questions, and provide information and support • Green Kent Stewards provided with access to outside training, hosted by other organizations and agencies, as appropriate • Assist with hosting Green Kent Steward orientation and organize additional tramings as interest and needs dictate • Work with the City to advertise Green Kent Steward volunteer job description in advance of annual orientation. • Assist with updating Field Guide and other materials if needed by orientation date. • Work through Management Team to contribute towards the creation of a Youth Steward initiative to tie Green Kent into existing projects and/or adapt tools created for the Green Cities Network Leveraged Program Deliverables • One volunteer event in February,will be facilitated, planned, promoted, and hosted by Forterra staff and Washington Conservation Corps (WCC) crew to celebrate the success at Lake Fenwick Park 3 Green Kent Partnership Scope of Work:2012 3 Page F s ' FIELD WORK We will continue to work with community volunteers on existing restoration projects,as well as add a few new projects with new Stewards trained in December of 2011 Panther Lake Annexation Area sites will be open to new Stewards,and will be incorporated into restoration enrollment as the Partnership continues We will continue to emphasize best management practices and continuation through the phases of restoration in areas already enrolled to keep our quality of work high Green Kent Partnership 2012 Strategic Benchmarks: Field Work t "I al restoratio restorationContinue . . acres) 77W PR Forterra's Responsibilities and Deliverables • Oversee field work tracking to market the program's achievements and guide planning: • Quarterly reports created with data from City staff and submitted for internal reporting needs, and annual reports produced for public stakeholders. • Work logs entered into electronic database monthly by Green Cities intern • Work through Management Team to assist with collaboration between Green Kent Stewards and other Partnership work to accurately direct progress toward program goals • Restoration Database demonstrates at least 15 new acres of restoration, 10 new maintenance and monitoring acres, or, 25 new acres in total. • Green Kent Stewards' restoration goals are met and maintenance is continued on previously-enrolled acres • Provide technical input and program leadership as needed, including seeking out relevant resources from other partners within the Green Cities Network. Leveraged Program Deliverables • Carbon Mitigation • In January-February, Forterra's Washington Conservation Corps (WCC) crew will plant the pre-selected site with 3,600 bareroot conifer trees, over 9 days of work (the crew works 10-hour days) Green Kent Partnership Scope of Work.2012 4 1 Page • r • In summer,the WCC crew will conduct 2 days of cut-stump treatment on invasive trees if needed. • In fall, monitoring data will be collected and invasive removal will be conducted over 2 crew days • Centralized Data Portal (CEDAR) • Through a US Forest Service grant, the Green Seattle and Green Tacoma Partnerships are creating a centralized data portal (called CEDAR)to collect and manage an interactive calendar, event requests, registration,work log submission, and volunteer attendance information CEDAR was expected to be completed in early 2011, but is on-line to be operational in January 2012 Once CEDAR shows six months of success in Seattle and Tacoma, Forterra will present the portal to the Green Kent Partnership Management Team and draft a roll-out plan for use.This is expected to be in July 2012. • Standardized Monitoring Program • The Green Seattle Partnership implemented a three-tiered, standardized monitoring program for urban forest natural areas The City of Seattle worked with EarthCorps Science to field test and finalize the draft three-tiered monitoring protocol to use with three levels of monitors:volunteers, contractors,and staff. • In 2012, Forterra staff will continue to work with EarthCorps Science and other city- based supporting organizations to implement the same core protocols and tramings within the other Green City Partnerships Staff, related organizations, and restoration professionals will be invited to peer-review and evaluate the three- tiered monitoring protocol As a team,the Green City Partnership staff and partners will decide which components will be adopted as the core minimum data to be collected by each city and what components can be added beyond the three tiers. These adopted Green City Partnership monitoring protocols will need to stay consistent between cities to allow for regional tracking and areas of improvement, but will be flexible enough to be tailored to match different City needs The end result will be a set of monitoring protocols that will produce consistent data and tracking ability across all Green City Partnership sites and other urban forest natural area restoration efforts. • For the Green Kent Partnership,the following two items will take place in 2012: o Final monitoring protocols will be incorporated into Steward Field Guide,when completed. o Core monitoring protocols can be implemented by City of Kent staff and Stewards,with additional components added as desired o Regional database of monitoring results developed and report on urban forest and natural area restoration successes and challenges to be shared on-line and made available to other communities and urban forestry programs in the Puget Sound and beyond i { Green Kent Partnership Scope of Work 2012 5 1 Page s RESOURCES The Management Team will continue to lead the Green Kent Partnership to ensure that work across program areas is well planned, coordinated, and reported Quarterly and annual reporting processes created in 2011 will continue in 2012 to give the Partnership effective figures to help retain current funding,seek further funding, and publicize our efforts. Green Kent Partnership 2012 Strategic Benchmarks: Resources Frializeplansfor • 77 wiWirite 204 annual re I! • 1 Forterra's Responsibilities and Deliverables • Facilitate monthly Management Team meetings as a time for collaborative planning and problem-solving, to guide the 20-year plan through short-term benchmarks • Ensure that work across program areas is in sync and well-timed to maximize impact • Guide growth of the Management Team,and potentially,formation of an Executive Council, as directed by Management Team • Bi-monthly Management Team meetings held in Kent with updates on progress between meetings complied 1 week before meeting, and agenda sent to all members of team at least 3 business days before meeting • Collaboratively review costs of program and ensure sufficient progress is being made toward goals according to budget. • With assistance from, and in cooperation with,City staff, draft the annual work plans and reports for work completed in the three program areas • Annual work plans created for 2012, based off of benchmarks from 20-Year plan and adaptive management needs. • Draft plan will be ready for review by Management Team, co-edited with other team members, and finalized two weeks following the first meeting of the year • Comprehensive Annual Report compiled showing major accomplishments in 2012, written and distributed as an internal version for staff, and a public version for volunteers c Draft completed by 3`d week of January, 2013 Green Kent Partnership Scope of Work 2012 6 1 Page ' r o Staff has two weeks to review o Final draft submitted mid-February, 2013. • Provide information for bi-annual progress reports to external funder, King Conservation District(due April 30`h and October 31") o Statistics of acres enrolled including breakdown by site and by HMU,trees and shrubs planted,volunteer numbers and hours o Map showing location of actives HMUs, if possible with labels indicating enrolled acreage, color-coded by work type in 2012 (crew,volunteer, both, or previously enrolled). • Provide reporting materials for external funder,Washington Department of Natural Resources due May 31'` o Finished pdf of Panther Lake Amendment to Green Kent Partnership 20-year Plan o Copy of invoice from International Forestry and proof of payment. • Serve as a facilitator between Kent and other Green City Partnership staff and partners to seek advice and share methods and resources • Plan and host 1-2 forums convening Green Cities Network partners. Leveraged Program Deliverables • On-line resources: Forterra will finish a new website for the organization by the end of 2011, which includes new pages for all of the Green City Partnerships. In January 2012, we will work with City input to fine-tune the changes and update any new content that needs to be added. J Green Kent Partnership Scope of Work 2012 7 Page s r ` 2. Project Personnel Direct Staff Norah Kates(NK),Green Cities Project Coordinator, has worked on the Green Kent Partnership since its beginning in 2009 She has played an active role in the development of the Green Cities network to connect the different Green City Partnerships,and her experience working on each of the programs informs and strengthens her work in Kent Norah holds a B S in Natural Resources from Cornell University and, as a staff member at Forterra, specializes in community engagement,volunteer management,and urban public natural resource planning Katie Cava(KC),Outreach Project Associate,works to support outreach efforts and volunteer recruitment through Forterra programming, including the Green Cities Network Katie brings a skill set in social media,communication platforms and volunteer engagement, particularly youth engagement Katie holds a B S in Biology and minor in Environmental Studies from Boston College and has supplemented her education as a trained naturalist for the Aquarium and Cedar River Watershed Kory Kramer(KK),South Sound Green Cities Project Manager,will serve as the administrative contact during this contract Kory has worked on conserving tropical biodiversity in Central America, in the carbon offset market in Washington, DC, and teaching environmental education in Bolivia as a Peace Corps volunteer Kory holds a B A in Biology with a concentration in Environmental Studies from Kalamazoo College in Michigan, and is currently pursuing a Master's degree in Geographic Information Systems from the University of Washington Ara Erickson(AE),Green Cities Director, leads Forterra's Green Cities program Ara has more than 10 years in the natural resource and urban forestry fields,with experience in community involvement and education,field data collection and analysis, natural resource planning and management, spatially- based research, and project management Ara holds an M S in Urban Forestry from the University of Washington and a B S in Resource Management and Forestry from University of California, Berkeley, and is an ISA Certified Arbonst Christopher Walter(CW),Geospatial Director, leads Forterra's geospatial program to support conservation planning and acquisitions, policy analysis, land management and restoration, public relations,fundraising and education His expertise covers cartography and information design,spatial analysis and modeling, databases, and project management Christopher earned an M S in Environmental Policy Analysis from the University of Charleston and a B S in Conservation Ecology from Purdue University Leveraged Staff Andrea Mojzak(AM),Green Cities Project Coordinator,will lead the Carbon Mitigation work, coordinating with Forterra and City of Kent staff on selecting sites, drafting stewardship plans, working with Green Kent Stewards,and hosting volunteer event(s) Andrea has been at Forterra since 2007, working in the Green Cities team, and holds a degree in science education from Hope College. Andrea specializes in field education,community outreach and field work Lisa Ciecko(LC), Forest Assessment Coordinator,will coordinate with Forterra and City of Kent staff on implementing monitoring protocols originally developed for Green Seattle Partnership, as part of the US Forest Service grant Lisa has extensive experience in urban forest research, including field data collection,analysis,and management applicability Lisa is an ISA Certified Arborist and has an M S in Green Kent Partnership Scope of Work 2012 8 1 Page Restoration and Horticulture from the University of Washington, and a B.A.in Environmental Studies from the University of San Francisco. Green Kent Partnership Scope of Work 2012 9 Page v a !o o 0 0 0 0 0 ypQ � o 0 0 ry "� M W J O O O co tw ' ~ O t O C O O > O -1 O tx N U Z 0 0 OLn Lno Ln Ln O b�4 en O O O 0 0 0 0 O O O O of O LA N �O 0 6 V Vk W W u4 64 fR u► C. N O 00 O m Yl r U y o o n o 0 0 0 0 Ln Ln Ln � s°s � �» a m D: N to N C I� 0 � I Y ¢ Z a Z �o Z Z 0 0 0 0 — o v 0 O O N 4) N N U N C H ¢ IN O. � O. w v V a e_ a` a a+ a �_ a Al O D ` NA N N C N GI �1 V/ (/1 0` a` o v v L v y v Y v a3 o d aQ C t s s ti •�_ � .z F .z a L IL or3ap G v v p c = c L c pp c d c c c y f IL 0 a O O O O O O O O LQ N W 0 0 O Ln O N M Lnr h QO 'C V to M — �? M f4 M IV o ` s"s I- «� w u h O v1 Ln Ln N C4 N d N C O OV 7 W 0 7 C �9 t44 St4 to b4 bNf u C� W G O C V h N J N N V � � Ln O p Ln O N N O O N Mt O a, yam} O W ? � O N N N U C O O Ln O O N a+ O � � a U d o 0 0 0 o v, o Ln u, 3 � 4�4 UDR � N CAN m N O N p E 0~C e ¢ i Z d Z °a Z W 3 U ° fd a a C o a = o a a 0 = c O rd O U N LL N 0 N E N < (d N ¢ O ¢ li(n oIL 'o 11 ri G G O 'C ed c v ea L' Id ri L HW o ++ o L' £ o o d o1 O ` ` ow " NE) o in woo a O a ;a+ a o a IL U V V N V c c = c U MCC � i c c c c ; c � d7 v ¢i C O L , c � df i C d C L7 1,� c V u oc Ul 14 0 U / � % � —_ ci Ln _ ! J � _ \ ' V § t 2\ a / / u 2 2 ! Q " - & Q ! r \ — \ _ 2 | f ) \ ~ / ) �k | �0 . k � � .% CL j 2 § $ id ] ) ( } \ § 0 f § ' ed � ■ r EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. S. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not n less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. FORTERR-01 EBERGER CERTIFICATE OF LIABILITY INSURANCE F DATD/YYYY] 411012I10/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) CONTACT PRODUCER License#OC36861 NAME Chantilly-Alliant Insurance Services,Inc, acNo Ext (703)397.0977 FAX No (703)397-0995 4530 Walney Rd Ste 200 E-MPJL Chantilly,VA 20151.2235 ADDRESS I NSU RER(S)AFFORDING COVERAG E NAIC# INSURER Federal Insurance Company INSURED INSURER B Forterra INSURER C 615 2nd Avenue#600 INSURER D Seattle 98104 INSURER INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL U R POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X 35763928 7/1/2011 7H/2012 PREMI SESS(a occcurrence $ 1,000,00 CLAIMS-MADE 17x OCCUR MEDEXP(Any One person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ INCLUDE X POLICY PRo Loc Host Liqu $ INCLUDE COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea acmder I $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Perac dent) $ AUTOS AUTOS NON 0VVNED PROPERTY DAMAGE S HIRED AUTOS AUTOS Per acadent $ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2,000,00 A EXCESSLIAB CLAIMS-MADE 79798540 7/1/2011 7/1/2012 AGGREGATE $ 2,000,00 DED RETENTION$ $ WORKERS COMPENSATION WCSTATU- OTH-I AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE❑ N iA E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E L DISEASE-EA EMPLOYE $ f yes descnbe under EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) The City of Kent is included as an additional insured under the general liability insurance,but only with respect to the operations of the Named Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE HALL BE DELIVERED IN City Of Kent ACCORDANCE WITH THE POLICY PROVISIONS 220 Fourth Avenue Kent,WA 98032 AUTHORIZED /�REPRESENTATIVE ©1988-2010 ACORD CORPORATION All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD CITY OF KENT LAW DEPARTMENT CIVIL DIVISION 220 4t'Avenue South • Kent, WA 98032 KENT Fax. 253-856-6770 WASHINGTON PHONE: 253-856-5770 Memo To: Suzette Cooke, Mayor From: Jeff Watling, Parks Director Date: February 13, 2012 Re: Request for Waiver Pursuant to City of Kent Administrative Policy 1.1 For contract with Forterra aka Cascade Land Conservacy The City's Parks Department is requesting you waive the procurement requirements set forth in Administrative Policy 1.1 for the purchase of goods and services required for the Green Kent Partnership, Year 3. Purchases may be waived by the mayor upon a finding that either the materials, supplies, equipment, or services are clearly and legitimately limited to a single source of supply within the near vicinity, or that the materials, supplies, equipment, or services are subject to special • market conditions, involve special facilities or services, or that a bid or the bidding requirements of KCC 3.70.030, would otherwise not be practicable or in the city's best interest under the circumstances, in which instances the purchase may be best established by direct negotiation. Forterra cemented its regional presence in 2005 by spearheading the Cascade Agenda, a coalition whose vision is to protect our quality of life by balancing urban growth/economic development with natural resource protection throughout Puget Sound. As part of the implementation phase, Forterra has been working with cities in the region to help them develop a plan for the municipality to best manage its publicly owned urban forested parks and other natural areas. This organization has the proven capacity to provide the full range of services we need to establish a successful Green Kent Partnership. We believe it is in the city's best interest to continue to work solely with Forterra because of its proven track record in Seattle and now in Kirkland, Redmond, Tacoma and Kent. Forterra has worked with city staff through the planning phase and now beginning the implementation phase of the Green Kent Partnership. At this critical juncture, we need their expertise to accomplish the goals of the 20-year plan. The parks department will adhere to Kent City Code section 3.70 related to procurement j contracts, in addition to the city of Kent administrative policy 1.1 related to the City's • procurement policy. s If you approve of this waiver under City of Kent Administrative Policy 1.1, the Police Department requests that you indicate your approval by signing below. CITY OF KENT S et Cook , Mayor Date: i 0 Page 2 • REQUEST FOR MAYOR'S SIGNATURE •NT Please Fill in All Applicable Boxes KE Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) r28, Orl inator: Victoria Andrews _I Phone Orl inator): x. 5113 Date Sent: 4/24/2012 Date Re uired: 5/4/2012 Return Signed Document to: Victoria CONTRACT TERMINATION DATE: Febru 2013 VENDOR NAME: Forterra DATE OF COUNCIL APPROVAL: N/A i4l`ti l Brief Explanation of Document: Staff entered into a contract with Forterra in 2010 to develop the 20-year plan and in 2011 to implement Year 1 of field work. In 2012, we are continuing the work, with Forterra coordinating management team meetings, community outreach and field data management. The total amount of the contract is $21,240.00. a i All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: L14 Approval of Law Dept.: APR 2 4 2012 Law Dept. Comments: Date Forwarded to Mayor: _ - _ f Shaded Areas To Be Completed By Administration Staff r, r1 h�'' IL Received: �I u U Recommendations and Comments: �iZUCa1� C r"pr KENT CI7 '110K Disposition: