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Home My WebLink AboutPK12-178 - Original - King County - Contract - 05/01/12 Records M-arcdgem ��KENT Document' WASHiNGTON la 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: King County Vendor Number: JD Edwards Number Contract Number: j f�I A — 17S This is assigned by City Clerk's Office Project Name: Mill Creek Canyon/Earthworks Parks Restoration Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Agreement Contract Effective Date: 7/13/2012 Termination Date: 12/31/2013 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: V Andrews Department: Parks - Planning & Dev Detail: (i.e. address, location, parcel number, tax id, etc.): Matching in-kind funds S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 AGREEMENT BETWEEN THE CITY OF KENT PARKS, RECREATION& COMMUNTY SERVICES AND KING COUNTY MAY 1,2012 TO DECEMBER 31,2012 This is an Agreement between the City of Kent Parks,Recreation & Communty Services,hereinafter the"RECIPIENT", and King County, a political subdivision of the state of Washington, hereinafter the "COUNTY", entered on May 1, 2012 The purpose of this Agreement is to set forth the terms,conditions and the legal and administrative relations that apply to the RECIPIENT in exchange for financial assistance in carrying out a proposed project entitled Mill Creek Canyon/Earthworks Park Restoration,hereinafter the"PROJECT". Section 1. Background and Recitals: A. Recipient description: The mission of Kent Parks,Recreation& Community Services is: "Dedicated to enriching lives" B. Legal status: Washington municipal corporation State of incorporation NA C. Proposed PROJECT The project area at Earthworks Park is the hillside and riparian corridor of a salmon-bearing stream.EarthCorps has already cut"survival rings" around roughly 300 mature trees to remove English ivy. For this project,they will remove invasive plants from the hillside floor and streambank EarthCorps and Parks staff will then work with volunteers to replant and mulch the same native species presently growing at the site D. Recipient experience in carrying out the PROJECT Public land is managed by the city of Kent. The Parks Department staff includes seven certified arborists as well as credentialed project managers experienced in natural resource improvement and volunteer management The Public Works Department includes environmental conservationists and engineers, wetland biologists and site managers Earthworks Park is a unique landmark co-managed by both departments. E. This award is made in accordance with one or more of the funding authorities described in Exhibit G of this agreement F. As determined by King County,this PROJECT will improve and protect the natural resources of King County and adjoining areas where applicable. G. The County plans and proposes to remunerate the RECIPIENT for the purpose described in Subsection C above in an amount up to,but not exceeding$6,650(The"AWARD"), provided that the RECIPIENT also contributes to this PROJECT a cash and in-kind match valued at$6,740 and verified according to the Terms and Conditions below. Section 2. Terms and Conditions: A. The PROJECT shall be in accordance with the Scope of Work attached hereto as Exhibit A with such modifications as may be approved by the Division Director of Water and Land Resources Division in the COUNTY's Department of Natural Resources and Parks. B. The COUNTY will, upon execution of this Agreement, establish procedures to allow payment to the RECIPIENT of all eligible expenses up to limit of the AWARD. C. The RECIPIENT shall be responsible for making a request for payment not more frequently than P g q pY once every three months but not less frequently than every six months starting with the effective date of this Agreement. The first request shall be no more than half of the amount of the Award. The final request shall be no less than one fifth of the amount of the Award Each request shall be presented in the format shown in Exhibit E of this Agreement(the Request for Payment and Task Summary form) It will include allowable reimbursable costs and/or an advance,unless such an advance is prohibited in this Agreement The Task Summary is a summary of the PROJECT progress to date as well as any future work described in the Scope of Work(Exhibit A of this Agreement). D. Failure to submit the aforementioned request for payment and report on the PROJECT progress within any seven month period may be cause for the COUNTY to terminate this agreement for non-performance E. Costs eligible for payment shall include those costs identified in the Budget(Exhibit B of this Agreement) and incurred during the effective dates of this Agreement. F. Any and all activities to be funded by this Agreement to the RECIPIENT shall be completed by December 31, 2012 G. Final payment shall be made on condition that the RECIPIENT submits the following documents no later than January 31, 2013 a A Written Final Report documenting the successful completion of the PROJECT according to the Scope of Work(Exhibit A of this Agreement) The written final report shall also include,but not be limited to,the following attachments as they apply: i Outreach materials such as handouts,brochures,posters,newspaper clippings; ii. Any other printed materials created for the PROJECT or about it, iii. Documents such as site plans, plant lists, publications,reports, analyses and other items that illustrate the successful completion of the PROJECT; iv Pictures of the PROJECT b. A completed Exhibit F of this Agreement(F 1. Programmatic Close-Out&F2: Financial Close-Out), accounting for all PROJECT costs including all cash and/or in-kind match itemized in the Budget. H. Failure to provide the aforementioned documentation may result in the forfeiture of part or all amounts due to the RECIPIENT I. The RECIPIENT shall also return any money remaining from the COUNTY's disbursement by January 31,2013. Page 2 of 14 J. The RECIPIENT agrees to acknowledge the COUNTY in all publications and signage that have been produced as part of the PROJECT described herein as well as in press releases,public service announcements,on posters,flyers and in electronic postings such as"home pages". The RECIPIENT will use the wording provided in Exhibit C of this Agreement and Credit and Disclaimers as provided in Scope of Work(Exhibit A,Task 4 of this Agreement). K. Other conditions governing this award- N/A Section 3. Leaal and Administrative Relations: A. The RECIPIENT shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles and to meet the requirements of all-applicable state and Federal laws The RECIPIENT shall maintain and submit to the COUNTY any such records as the COUNTY may require to conduct any audit of the PROJECT it may elect to conduct or to substantiate expenditures submitted for payment to the COUNTY The RECIPIENT shall maintain and retain books and records related to the Agreement for at least three years after the termination of said Agreement B. The COUNTY's financial assistance to the RECIPIENT shall be construed by the parties as a special disbursement to the RECIPIENT to fund activities, as described herein that generally benefit the COUNTY's efforts to protect environmental resources It shall not be construed as a contract for services between the RECIPIENT and the COUNTY C. The RECIPIENT shall be solely responsible for the recruiting,training and supervision of its employees and volunteers Individuals hired and paid by the RECIPIENT shall not, in any event, be construed to be employees of,or contractors to,the COUNTY and the RECIPIENT shall indemnify and hold harmless the COUNTY from any and all claims arising from any contention that said individuals are employees of, or contractors to,the COUNTY D. The RECIPIENT agrees to indemnify,defend and hold harmless the COUNTY, its agents, officers, officials and employees from all claims,alleged liability, damages, suits,losses,costs to or death of person or damage to property allegedly resulting from the operation of the RECIPIENT or any of its employees under this Agreement E. Nothing in this Agreement shall be construed as prohibiting the RECIPIENT from undertaking or assisting projects developed outside the purview of this Agreement, or entering into agreements with other parties to undertake said projects in accordance with whatever terms and conditions may be agreed to between the RECIPIENT and other parties F. The COUNTY shall be under no obligation to continue this Agreement and may request partial or full reimbursement of payments it made to the RECIPIENT should the RECIPIENT fail to perform according to the Terms and Conditions of this Agreement, whether or not failure to perform is within the RECIPIENT's control. G. This Agreement may be amended at any time by written concurrence of the parties and will terminate upon fulfillment of all obligations contained herein. H. Either party may terminate this Agreement with a thirty day written notice. The RECIPIENT shall return any unused portion of the funds paid and/or advanced for all expenses incurred up to the day of termination of this Agreement as provided in Section 2, Subsection B Page 3 of 14 I. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. J. This Agreement is approved as to form by the King County Prosecuting Attorney. K. This Agreement can be executed in counterparts. L. The parties have executed this Agreement as of the date first written above. THE CITY OF KENT PARKS,RECREATION& COMMUNTY SERVICES by: Signature: Recipie t printe name&title:Jeff Watling, Director Date: 7 t3 (Z KING COUNTY by: Signature: Gam--- Date: 7 r W'r', Mark Isaacson,Divi on WeMr, Water and Land Resources Division King County Depa ent Natural Resources and Parks Page 4 of 14 I L Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement J. This Agreement is approved as to form by the King County Prosecuting Attorney. K. This Agreement can be executed in counterparts. L. The parties have executed this Agreement as of the date first written above. THE CITY OF KENT PARKS,RECREATION & COMMUNTY SERVICES by: Signature: Recipient 'Jame &title- Jeff Watlin Pa s irector Date --- KING COUNTY by: Signature: Date: Mark Isaacson,Division Director, Water and Land Resources Division King County Department of Natural Resources and Parks Page 4 of 14 EXHIBIT A: SCOPE OF WORK TASKS DATES When is task being completed? TASK 1 a)Submit a letter of commitment stating the nature of the support from your main project partners b)Submit copies of award letters or other appropriate verification for cash and in-kind contributions greater than$1,000 00 TASK 2 Project Work Plan SUB-TASK OUTCOME TOTAL SHARE OF AWARD FUNDS A Approval of Staff will prepare memos for the Parks Committee and City April 2012 financial Council outlining the project's scope of work and requesting commitment of approval of funds project funds B Prepare and Staff will send contract to Earthworks for 4 days of crew time at $6,650 May 2012 execute Earthworks Park, concentrating on the hillside and riparian buffer, contract plus project management to coordinate volunteer event Crew days to be scheduled between Oct 1 and Nov 15, 2012 (See Exhibit A2 C Reserve plants Staff will contact the nursery technician to reserve 300 native May 2012 from city species of the type found growing at the park Technician will nursery maintain plants until needed D Order wood Staff will contact Rainier Wood Products, Carpinito Brothers or September chips other vendor for hog fuel or similar wood chips Note this may be 2012 an in-kind contribution,depending on city's supply of chips when needed E Order/pick up Staff will contact Sheets Unlimited to reserve 300 large sheets of October cardboard cardboard forpick-up by maintenance staff 2012 F Carry out Between 50-100 volunteers will plant 300 plants November volunteer 2012 planting event TASK 3 State all required project permits and authorizations(including right of access) as follows Permits/ Name of permit, issuer, recipient purpose and inclusive dates If no permits or authorizations permission are required, submit statement to that effect f a licable No permits or authorizations are required TASK 4 As part of your project deliverables, provide a plan of how, where and when April 2012 Credits this grant will be acknowledged and Fall The grant will be acknowledged at televised Parks Committee and City Council 2012 meetings, on the Parks recognition page of the city's website and on the Forterra-maintained Green Kent website Flyers send to 1,000+ individuals and groups plus a press release will acknowledge the funding source TASK 5 Submit a final report and the financial closeout documentation Cannot be later December Final report I than 30 days after the end date of the project 2012 Page 5 of 14 EXHIBIT B: BUDGET BASIS FOR BASIS FOR GRANT CALCULATION AND CALCULATION AND SOURCE OF BUDGET ITEM REQUEST BREAKDOWN MATCH BREAKDOWN MATCH IN- CASH KIND Hourly rates for volunteer coordination, park planner,public works nursery technician,maintenance Salaries&benefits $5,140 worker&supervisor City of Kent Freelance workers and consultants Sub $5,140 city of Kent, Sheets Project supplies, Estimated value of 300 Unlimited, materials and plants,600 sheets Rainier Wood equipment $1,600 cardboard,50 yds mulch Products Commercial services(e g, printing,backhoeing) $6,650 See Exhibit B2 Transportation Office expenses (broken down unless requesting a blanket overhead rate) Real estate- related costs Other costs Sub $6,650 $5,140 $1,600 Grand Total $6,650 $5,140 $1,600 Page 6 of 14 Exhibit B2: EarthCorps budget Scope of Work for. From: Victoria Andrews Jammie Kingham, Field Operations Manager Special Programs Manager EarthCorps City of Kent Parks 6310 NE 74th Street Suite 201E 220 4th Ave S Seattle,WA 98115 Kent,WA 98032 Tel 206 322 9296 Ext (226) Fax 206 322 9312 E-mail jammie@earthcorps org Date:May 2012 Name of Project Environmental Restoration Projects Contract No.: Narrative Scope of Work-An EarthCorps crew will perform the following tasks Task 1• Remove invasive species (target species English ivy, Himalayan blackberry,and Scot's broom)Task 2 Sheet mulch areas after volunteer planting events Note The City of Kent will supply cardboard and mulch. Note All invasive plant material will be piled near the trail for easy pickup by the City of Kent Crew Project Days or Crew Day Manager Materials Hours Rate Rate Cost Subtotals Task 1: Days in field October,2012 4 $ 1,02500 $ 4,100 Project Management J 2 $ 52 00 $ 104 - - $ 4,204 Task 2: Days in field November,2012 1 $ 1,025 00 $ 1,025 Project Management 1 $ 5200 $ 52 $ 1,077 Total of Sub-Totals $ 5,281 Administration&Overhead(15%of Total Labor) $ 792 Sales Tax(9 5%) $ 577 TOTAL FEE $ 6,650 Fee Schedule Labor Crew Day(5-6 persons/van/equipment) $1,025 00 Project Manager/hour $52 00 Field Technician/hour $25 00 Field Trucks(44 pick up/3 ton dump truck)$75/day Payment invoiced monthly until completion,30 day payment requested Page 7 of 14 EXHIBIT C: CREDIT AND DISCLAIMERS FOR THE KING COUNTY FUNDED PROJECTS L-9 King County • Official Logo Dimensions Requirements. contact your grant administrator. The above logo must be included on all documents,brochures,flyers,newsletters, newspaper advertising and etc. • Logo Location on Printed Materials on the inside title cover of all bound documents or at the back of a brochure,at the end of a document or bottom right of an interpretive panel, a poster or a flyer the following credit This project is funded in part by a King County Department of Natural Resources and Parks Wild Places in City Spaces grant • For items where opinions or advice or a list of organizations or businesses are included in the introduction or in the body of the document(e g, an interpretive panel,a guidebook,and a directory) add the disclaimer sentence The content herein does not constitute an endorsement by King County government, its employees, and its elected and appointed officials • Grant Exchange Web Page http://www.kingeounty gov/environment/grants-and-awards/grant- exchange aspx • Permanent and Announcement Signage. Signage must have the King County Depai invent of Natural Resources and Parks and Grant Funding source logos along with appropriate text,if applicable. Please contact Grant Exchange for the jpg, gif and/or word logo files. Page 8 of 14 EXHIBIT E INVOICE #1 KING COUNTY DEPARTMENT OF NATURAL RESOURCES AND PARKS WATER AND LAND RESOURCES DIVISION REQUEST FOR PAYMENT Remit to: City of Kent, Attn: Parks Planning& Development, 220 4th Ave. S., Kent, WA 98032 DATE from to End date for this Grant is: December 31, 2012 Make sure to fill the Task Summary related to this request on the back of this page BUDGETED PRIOR I HIS BALANCE OE DESCRIPTION AMOUNTS REQUESTS RLQU,ST AWARD (Describe here and refer to attached FROM support information) AGREEMENT BUDGET Paid staff Contract workers/ $6,650.00 consultants Supplies& equipment Purchased services Travel Indirect Real estate-related Other Costs TOTAL As an authorized representative of the above named recipient and to the best of my knowledge,I represent that this request for payment is true and accurate and reflects costs incurred by the recipient in carrying out the project named above for those planned or completed activities summarized on the back of this form Signature of preparer Date Return completed form to- Ken Pritchard King County Water and Land Resources Division King Street Center 201 S Jackson St,Suite 600,Seattle,WA 98104 OFFICE USE BELOW THIS LINE Request for Payment form(Page 1 of 2) Page 9 of 14 TASK SUMMARIES (FROM SCOPE OF WORK) ACTIVITIES PLANNED OR CARRIED OUT WITH THIS REQUEST TASK ACTIVITIES TO BE PAID IN DATE % (taken from Exhibit A Scope THIS REQUEST ACTIVITIES COMPLE- of Work) TOOKIWILL TED TAKE PLACE Request for Payment form Page 2 of 2 Page 10 of 14 EXHIBIT F: CLOSE-OUT REPORT Recipient City of Kent Parks,Recreation & Community Services Project Mill Creek Canyon/Earthworks Park Restoration Time Period of this PROJECT Jul —December 2012 Total Award $6,650 Amount due at Close-Out $6,650 Fl: PROGRAMMATIC CLOSE-OUT Checklist Previously Attached Missing Submitted Letter(s) of Commitment from key partners Written Final Report,documenting the successful _ completion of the PROJECT according to the EXHIBIT A: SCOPE OF WORK&TIMELINE in your agreement The report shall include, but not limited to,the following attachments as they apply 1. Report Narrative 2. Outreach Materials, such as handouts, brochures, posters,newspaper clippings, press releases, and web page screen hard copies 3 Copies of Printed Materials, created for the PROJECT or about it, &/or other items that illustrate the successful completion of the PROJECT 4 Copies of pictures, film, video, PowerPoint presentation in CD,DVD, email &/or documentation presenting your PROJECT,if applicable Page 11 of 14 F2: FINANCIAL CLOSE-OUT Checklist Previously Attached Missing Submitted EXHIBIT E: REQUEST FOR PAYMENT, completed for final remittance amount. EXHIBIT F: CLOSE OUT REPORT, including attached receipts&/or auditable accounting detail (may include- ledger- based copies,cancel checks, &payroll records), both cash and in-kind match documentation(backup) PROVISIONS By signing this Financial CLOSEOUT, I,Jeff Watling, an authorized representative of the above named award recipient(RECIPIENT), confirm that I have examined the information contained herein and that,to the best of my knowledge, it is a true and accurate account of all the financial expenses and in-kind contributions incurred by the above named project in the course of fulfilling the conditions of the AGREEMENT between RECIPIENT and King County(COUNTY), dated I hereby acknowledge that there are no further expenses associated with this project,nor any pending or future claims to the COUNTY and that the COUNTY is not liable for any expenses not documented in Attachment B(Budget)of the AGREEMENT 1 understand that the RECIPIENT is fully bound by the provisions of the AGREEMENT including, but not limited to,the return of COUNTY funds that are unspent or whose spending is unsubstantiated according to the Terms of the AGREEMENT, and the right to examine records I further understand that the COUNTY, upon examining this Financial CLOSEOUT and the Final Report submitted by the RECIPIENT will determine the amount of the balance due to the RECIPIENT. SIGNED DATE Page 12 of 14 Item Grant Budget Grant Grant Cash match Cash Match In-kind match In-kind Actual Balance proposed Actual proposed Match Actual Remaining 1-Paid staff $5,140 2-Contract $6,650 workers/consultants 3-Sub of Lines 1& $6,650 2 4-Supplies and $1,600 equipment 5-Purchased services (e g., printing, excavation) 6-Travel 7-Indirect costs (rent, utilities, etc. 8-Real estate related costs 9-Other costs 10-TOTAL Page 13 of 14 o EXHIBIT G: FUNDING AUTHORITY Wild Places in City Space, Urban Reforestation and Habitat Restoration (URHR): The COUNTY administers the Urban Reforestation and Habitat Restoration Fund, a First Tier fund established by King County Ordinance 1 1 193 for the purpose of funding urban reforestation and habitat restoration project in the Urban Growth Area of King County. Page 14 of 14