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HomeMy WebLinkAboutPK13-083 - Original - WA State Dept of Natural Resources - Washington Conservation Corps (WCC) Crew - 01/01/2013 l C)� 3 �I RCS►/ y JAN 4 2 2013 WASHINGTON STATE DEPARTMENTOF REsouace PR OTECTIOtq Natural Resources PETER GOLDNARK-Commissioner of Public Lands INTERAGENCY AGREEMENT WITH THE CITY OF KENT Agreement No. IAA 13-184 This Agreement is between the City of Kent, referred to as the City, and the Washington State Department of Natural Resources Urban and Community Forestry Program, referred to as the DNR. The DNR is under authority of RCW Chapter 43.30 of Washington State, Department of Natural Resources The DNR and the City of Kent enter into this agreement under Chapter 39.34, Interlocal Cooperation Act. The purpose of this Agreement is to provide a Washington Conservation Corps (WCC) crew for urban forestry restoration tasks in the City of Kent. IT IS MUTUALLY AGREED THAT: 1.01 Statement of Work. The DNR shall furnish WCC crews and the City shall provide all materials and services, pertinent to performing work set forth in the Attachment A. 2.01 Period of Performance. The period of performance of this Agreement shall be from January 1, 2013,to June 30, 2013, unless terminated sooner as provided herein Both parties agree that the DNR will provide the City a maximum of 3 weeks of crew work within the period of performance. 3.01 Payment. The DNR provides the services of the WCC crew in exchange for the City of Kent's matching commitment to the project as described in Attachment B. 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 equally owned by the DNR and the City. 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. I of 6 Agreement No IAA 13-184 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 x 8.01 Amendments. This Agreement may be 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 proper manner its obligations under this Agreement, or if either party violates any of the terms and conditions, the aggrieved party will give the other party written notice of the failure or 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 can not 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. 2 of 6 Agreement No.IAA 13-184 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 Indemnification. To the fullest extent permitted by law,the City shall indemnify, defend and hold harmless the 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. The City's obligation to indemnify, defend, and hold harmless includes any claim by the City's agents, employees, representatives, or any subcontractor or its employees. The City expressly agrees to indemnify, defend, and hold harmless the DNR for any claim arising out of or incident to the City's or any subcontractor's performances or failure to perform the Agreement. The City's obligation to indemnify, defend, and hold harmless the DNR shall not be eliminated or reduced by any actual or alleged concurrent negligence of the DNR or its agents, agencies, employees and officials. The City waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the 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 g J contact person for this agreement. All communications and billings will be sent to the project coordinator. 19.01 Project Coordinators. (1) The Project Coordinator for the City of Kent is Victoria Andrews, Telephone Number(253) 856-5113. (2) The Project Coordinator for the DNR is Micki McNaughton, Telephone Number (360) 902-1637. 3 of 6 Agreement No IAA 13-184 � r IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF KENT Dated: Z , 20_a By: Ti e: �rr.Jj+r •F P Y Address: Phone: STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: 2013 By: P4&a-9& Joseph P. Shramek Title: Resource Protection Division Manager Address: I I I I Washington Street SE MS 47037 Olympia, Washington 98504-7037 Interagency Agreement Approved as to Form 9/29/97 By the Assistant Attorney General State of Washington 4 of 6 Agreement No.IAA 13-184 Attachment A STATEMENT OF WORK The DNR will sponsor a Washington Conservation Corps (WCC) crew to assist with urban forest restoration and maintenance tasks in the City of Kent. Crew work on City projects is limited to a maximum of three weeks. Each restoration project location will include baseline mapping of the site and re-mapping after restoration activities, to be included in a DNR report to the City. Local projects must be on public property, and work performed by the crews may not replace workers already in place or contracted for. Project locations and activities in the City of Kent include: • Earthworks Park Streambed Restoration, Green River Watershed. Remove invasive non- native plants and revegetate with native plants. • Lake Meridian Outlet Restoration, 152 d way SE. Maintain recent plantings through removal of competitive non-native invasive plants. • Other sites and/or locations as agreed by the City's Project Coordinator and the DNR Project Coordinator. Tasks and activities assigned must pertain to restoring the ecological health and functionality of the urban forest on the site or location. Washington Conservation Corps(WCC) crews are covered by Dept. of Ecology insurance through Labor and Industiies while working on project sites and traveling to work locations. WCC crews are responsible for the maintenance and repair of any equipment provided by WCC and/or Dept. of Ecology. The City is responsible for the maintenance and repair of any equipment provided by the City and used by the WCC crew under the direction of City staff. 5 of 6 Agreement No IAA 13-184 Attachment B PROJECT COMMITMENT MATCH The DNR will provide the following items to the City for urban forestry restoration projects that receive assistance under the Urban Forest Restoration Project: • News release template to assist in building public awareness and event marketing. • Baseline invasive plant species mapping. • Crews to remove and/or control invasive plant material and complete related restoration tasks including installation of plant materials. • Post-restoration mapping. • Post-restoration report that includes a description of the project and the work accomplished. • Template for three-year management plan. • Template for annual monitoring report. The City commits to the following items in consideration for the services of the DNR-sponsored crew: • Post news releases in advance of the event. • Acquire any permits necessary for project work. • Assist with volunteer registration, sign-in and wavers at restoration events. Please have photo releases available for volunteers under 18 years of age. • Dispose of plant material removed during project activities (English ivy vines, blackberry canes, etc.). • Provide any and all plant materials required for project completion. • Develop and implement a three-year maintenance plan for the project site,to include annual monitoring. • Report monitoring results to the DNR Urban and Community Forestry Program annually for three years. 6 of 6 Agreement No IAA 13-184