HomeMy WebLinkAboutEC18-298 - Original - King County Cities Climate Collaborative �* T Records Management Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
❑ Blue/Motion Sheet Attached
Pink Sheet A(ttached,
Vendor Name.
Vendor Number (]DE):
Contract Number (City Clerk): _, 16' 1
......., ,, .._ ......
Category: Choose an item.
Sub-Category (if applicable) Chooeose an_item.
Project Name:
Contract Execution Date: 71r to T_6 Termination Date: . .. ....
Contract Manager:�'&J, bLa 5-koL Department: Ci&b_D an item,
Contract Amount: $ � (� (1
Approval Authority: ❑ Director 1 9 Mayor ❑ City council
Other Details:
INTERLOCAL AGREEMENT FOR CLIMATE COLLABORATION
This Agreement ("Agreement") is entered into pursuant to Chapter 39.34 RCW among
participating Cities of King County, (hereinafter referred to as the "Cities"), and King
County,(hereinafter referred to as the"County"),201 S. Jackson, Suite 701, Seattle, WA
98104 (collectively, "the Parties") Chapter 39.34 RCW.
Whereas, we, King County and the undersigned Cities of King County, wish to work
together to directly respond to climate change and reduce global and local sources of climate
pollution;
Whereas, we believe that by working together we can increase our efficiency and
effectiveness in making progress towards this goal;
Whereas, we are interested in achieving this goal in a way that builds a cleaner, stronger and
more resilient regional economy;
Whereas, we are interested in focusing on local solutions to leverage and partner with related
collaborative efforts;
Whereas, partnering on sustainable solutions will advance progress towards Cities'
environmental, climate change, and energy goals such as those adopted by the nearly half of
King County Cities that have signed on to the U.S. Conference of Mayors Climate Protection
Agreement;
NOW, THEREFORE, the Cities and King County mutually agree as follows:
1. Purpose and Scope of this Agreement
1.1 The purpose of this Agreement is to outline responsibilities and tasks related to
the County and Cities that are voluntarily participating in the King County-Cities
Climate Collaboration. The Parties will develop and coordinate on the following
efforts:
(a) Outreach: Develop, refine, and utilize messaging and tools for climate
change outreach to engage decision makers, other cities, and the
general public.
(b) Coordination: Collaborate on adopting consistent standards,
benchmarks, strategies, and overall goals related to responding to
climate change.
(c) Solutions: Share local success stories, challenges, data and products
that support and enhance climate mitigation efforts by all partners.
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(d) Funding and resources: Collaborate to secure grant funding and other
shared resource opportunities to support climate related projects and
programs.
1.2 It is not the purpose or intent of this Agreement to create, supplant, preempt or
supersede the authority or role of any individual Party.
1.3 All tools, outreach materials, data, collaborative efforts, and other resources
that are developed as part of this Agreement are optional for Cities and King
County to adopt or utilize.
2. Organization
2.1 Each Party shall appoint one designee and an alternate to serve as its
representative. Upon the effective execution of this Agreement and the
appointment of designees and alternate designees for each Party, designees
shall meet and choose, according to the voting provisions of this section,
representatives to serve as Chair and Vice Chair to oversee and direct the
activities associated with meetings including the development of the agendas,
running the meeting and providing leadership.
2.2. No action or binding decision will be taken without the presence of a quorum
of active designees or alternates. A quorum exists if a majority of the
designees present at the meeting. Each designee shall have an equal vote, with
a supermajority vote of 75% of all designees being required to approve the
final scope of the collaboration program or amend the scope. Any vote to
increase the amount of funding required by each Party, however, shall only be
binding on those who specifically agree to such increase.
2.3 Designees shall have the authority and mandate to administer the Tasks
outlined in Section 3.
2.4 Designees may approve a Request for Qualifications (RFQ) to secure a
vendors or consultants needed to accomplish any Task, and shall interview one
or more applicants and make an appointment provided sufficient funds are
available.
2.5 Designees shall meet and report on a quarterly basis to ensure that Tasks are
efficiently, effectively and responsibly delivered in the performance of this
Agreement, including the allocation of resources.
2.6 Designees shall develop an initial annual work plan and budget which will be
finalized within one month of approval of the Agreement by the Parties.
Subsequent annual work plans will be developed and approved on or before
the anniversary of the adoption of the first years' work plan in conjunction
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with budget planning for consideration and adoption by the Parties' legislative
bodies.
2.7 If direct payment in support of the annual work plan, such as for consultant
services or hiring staff, can be arranged by participating Cities, this is
preferred. If direct payment occurs, these fonds will be accounted for towards
that city's contribution. If this is not possible, funds collected from any source
on behalf of the Parties shall be maintained in a special fund by the County as
ex officio treasurer on behalf of the Collaboration. The County shall also serve
as the contractual agent for the Parties in acquiring any serviced needed to
complete Tasks of the Agreement.
3. Tasks
3. 1 Climate Collaboration Work Plan.
Finalize the Scope of Work for this King County-Cities Collaboration
consistent with this Agreement. This will take place after commencement per
Section 5 of this Agreement and is funding-dependent.
3.2 Sustain the King County Cities Climate Collaboration (Budget$10,000)
Pay necessary expenses to support expansion of the King County SWD
GreenTools Roundtable program to include every other-month forums on
climate-related sustainability issues. The Roundtables will be held at various
venues throughout King County and topics will focus on the collaborative
actions highlighted in the King County-Cities Climate Pledge: outreach,
coordination, solutions, funding and resources. Speakers will include King
County and City staff and other invited partners.
3.3 Hire a staff member,partial staff member, or consultant to support achieving
the priorities identified in the King County-Cities Climate Pledge (Budget
$9,000480,000 depending on commitments made)
(a) The staff member will help lead implementation of the King County-
Cities Climate Collaboration initiatives, including but not limited to:
sustainable transportation; clean fuel vehicles; community energy
retrofits; renewable energy projects; community outreach; and other
topics defined and agreed upon in the final Scope of Work or annual
Work Plans. Staff could develop and implement a general countywide
program that supports City sustainability projects or programs. Staffing
options include hiring a part- to full-time staff from King County or a
participating King County City to lead the effort
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(b) Products that will be developed, to be clarified in the process of
finalizing the Scope of Work, and dependent on funding, include:
1. Directory of local climate solutions related resources to include:
a. County technical expert pool. A list of relevant County
technical experts on staff that already support city
sustainability projects and programs. This could be
expanded with mechanisms for cities to directly contract
with County staff to support implementation of specific
projects and programs.
b. Technical experts from all participating jurisdictions that
could help support other cities' efforts, share local
success stories, or potentially be contracted out to work
with other cities.
c. Technical experts from academia, research institutions,
utilities and other organizations.
d. List of consultants with local experience and expertise
on a diverse range of climate and sustainability related
functions.
e. Best practices and lessons learned from relevant local
projects and programs.
2. Symposium for city and County staff focused on local climate
solutions.
3. Forum for all local technical experts—a broader group than
those engaged in the King County-Cities Climate Collaboration
—to share information and best practices
4. Opportunities for local governments to increase understanding
and gather information on specific climate change mitigation
efforts.
5. Other products as defined and agreed upon in the process of
finalizing the Scope of Work, provided they are consistent with
the King County-Cities Climate Pledge and focused on
sustainability and climate change related outreach, coordination,
solutions, or funding and resources.
4. Funrlintr
4.1 The minimum required financial contribution for each King County City to
participate in this Agreement is shown below. In no event shall the Cities be responsible
for amounts incurred by King County in excess of what is set forth in this Agreement
without an amendment according to the terms hereof.
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4.2 To the extent this Agreement is renewed annually, the Parties shall update the
work plan and contribute funds to King County for estimated costs, as described below,
in advance of services provided. Any funds not used in any given year will be used in the
execution of the following year's Work Plan or refunded, on a proportional basis based
or initial contributions, within forty-five (45) days in the event of a Party's termination
of this Agreement.
4.3 The Parties represent that funds for service provision under this Agreement have
been appropriated and are available. To the extent that such service provision requires
future appropriations beyond current appropriation authority,the obligations of each Party
are contingent upon the appropriation of funds by that Party's legislative authority to
complete the activities described herein. If no such appropriation is made,the Agreement
shall terminate as to that Party provided the Party provides notice of termination prior to
the other parties prior to the adoption of the annual work plan per Section 2.6.
n q ,inn Jurisdiction
,.ulati. ......... ...._.
�b YFatl� "sdictiun Pouuiatign Pnuulakuaag Jurisdiction Population
Categaries Cate nrt_es.
Under $500 20- $1,200
5,000 Level 1 39,999 Level 3
U~hb 198 Kenmore 20,460
Beaux Arts Village 299 Maple Valley 22.,604
Hunts Poirot 394 Mercer[stand 22,699
Milton 931 SeaTac 28,909
Yarrow Paint 101 Des Moines 29,673
Carnation 1,7S6 Issaquah 30,434
Medina 2,969 Borten 33,313
Clyde Hill 2,984 40.65.1100 $2,000 Level
...Algona 3,014 5ammamish 95,780
Black diamond 4,151
5,000 Kirkland 49.707
$700 Level 2 Shoreline 53,007
19,999
Redmond 54,144
North Bend 5,731 62751
Auburn 62,751
Nonnandv Park 6,335
Pantie 6.514 over
hov 2,500 Levels
Duvall 5,695 Federal way 89,306
Newcastle 10.360 Renton 90,927"
Enumclaw 10,669 Kent 92,411
Snoqualmie 10,670 ....Bellevue 122,363
IMoodmilie 10.ms Over $5 000 .
Lake Forest Park 12.598 250.000, + Level
Bothell 17,090 Seattle 608'rw
Covington 17,575 ing county $10,000 Level Tukwila 19,107
Note: Pop ula tton onto from the Puget Sound Regionol Coun cil's download of 2010 census do to
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5. Duration
This Agreement is effective upon execution by King County and a minimum of eight
King County Cities which will contribute at least $9,000 total, after approval by the
legislative body of each Party. The Agreement will be posted on the web site of each
Party after authorization in accordance with RCW 39.34.040. and .200. The
Agreement will have a tern of one year and will automatically renew each year unless
terminated as provided in Section 7.
6. Latecomers
Non-party King County cities may opt into this Agreement at any time. If cities join
after an annual work is finalized, they will pay a pro-rated amount, calculated as the
preceding year's annual financial contribution for that jurisdiction multiplied by the
percentage of the remaining time in the year.
7. Termination
7.1 In addition to termination for lack of appropriation under Section 5, a Party
may end its participation in this Agreement upon written notice to the other
Parties prior to October 1 st to be effective at the end of the calendar year.
Except as set forth in 7.2, no refunds will be paid to individual Parties who
terminate.
7.2 In the event of individual terminations that result in fewer than eight
remaining City participants, this Agreement shall be deemed terminated and all
funding remaining after all services, fees and costs incurred to that date are
paid, shall be returned by King County to the remaining participants pro rata
based on their original relative contribution amounts. Such payment shall be
made within forty-five (45) days of the termination date.
8. Communications
The following persons shall be the contact person for all communications regarding
the performance of this Agreement.
King County Citv of Kent
Matt Kuharic Danielle Butsick
................�.....__. ...............................
King County Department of Natural City of Kent Economic and Community
Resources and Parks Director's Office Development
..........
..
201 South Jackson, Suite 701, Seattle, 220 4th Avenue S, Kent, WA 98032
WA 98104
Phone: 206-477-4554 Phone: 253-856-5443
........................ ........_._ _..._............. ----------
E-mail address: Email address: dbutsick@kentwa.gov
matt.kuharic(d,kingcounty.gov
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9. Indemnification
To the extent permitted by state law, and for the limited purposes set forth in this
Agreement, each Party shall protect, defend, hold harmless and indemnify the other
Parties to include the officers, employees, agents and contractors of the Party, while
acting within the scope of their employment as such, from and against any and all
claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or
losses of any kind or nature whatsoever) arising out of or in any way resulting from
such Party's own negligent acts or omissions, torts and wrongful or illegal acts related
to such Party's participation and obligations under this Agreement. Each Party agrees
that its obligations under this subsection extend to any claim, demand and/or cause of
action brought by or on behalf of any of its employees or agents. For this purpose,
each Party, by mutual negotiation, hereby waives, with respect to the other Parties
only, any immunity that would otherwise be available against such claims under the
industrial insurance act provisions of Title 51 RCW. The provisions of this subsection
shall survive and continue to be applicable to Parties exercising the right of
termination pursuant to this Agreement.
In no event do the Parties intend to assume any responsibility, risk or liability of any
other Party or otherwise with regard to any Party's duties or regulations.
10. Compliance with All Laws and Regulations
The Parties shall comply with all applicable local, state, and federal laws, regulations
and standards necessary for the performance of this Agreement.
11. Non- exclusive Prot rain
Nothing herein shall preclude any Party from choosing or agreeing to fund or implement
any work, activities or projects associated with any of the purposes hereunder by
separate agreement or action.
12. No Third Party Rights
Nothing contained in this Agreement is intended to, nor shall it be construed to, create
any rights in any third party, or to form the basis for any liability on the part of any
Party , or their officers, elected officials, agents and employees, to any third party.
13. Amendments
This Agreement may be amended, altered or clarified only the unanimous consent of
the Parties represented by affirmative action of their legislative bodies.
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14. Entire Agreement
This Agreement is a complete expression of the intent of the Parties and any oral or
written representations or understandings not incorporated herein are excluded.
15. Waiver
Waiver of any default shall not be deemed to be waiver of any subsequent default.
Waiver of breach of any provision of this Agreement shall not be deemed to be a
waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of the Agreement unless stated to be such through written
approval by the Parties which shall be attached to the original Agreement.
16. RCW 39.34 Required Clauses
a) Purpose. See Section 1 above
b) Duration. See Section 5 above.
c) Organization of separate entity and its powers. No new or separate legal or
administrative entity is created to administer the provisions of this Agreement.
d) Responsibilities of the Parties. See provisions above.
e) Agreement to be filed and recorded. The City shall file this Agreement with its
City Clerk.The County shall place this Agreement on its web site. The Agreement
shall also be recorded.
t) Financing. Each Party shall be responsible for the financing of its contractual
obligations under its normal budgetary process.
g) Termination. See Section 7 above.
17. Counterparts
This Agreement may be executed in counterparts.
The persons signing below, who warrant they have the authority to execute this
Agreement.
By: � � By:
Dow Constantine Mayor
King County xecutiv ° City of Vv*
Date mmQN_ Date:
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i
Request for Mayor's g nature
T Complete this form and route to the Office of the City Attorney
(Print on cherry-colored paper)
Approved by Director --
Originator: `O1If.g ihi(y . R I) Rhone(Originat
2qjhs
Date Sent: Date Required;_ ))tl� m + tl
Returned Signed Document to: y ❑Contract Coversheet Attached
Has this Document been Specifically Authorized
Vendor Name: Y�y)Q CJ5 Y)6 Y-M, in the Budget? Yes Wo
Date of Council Approval; 011N, Account Number:
Brief Explanation of Document:
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CK-44e,). t inwicc �irrJ w m �� dues (nil -b excLed
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Date Received by City Attorney:
Com-m-ents:
KENT LAWDEPT.
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Date Routed to the Mayor's OfficeF dU
.. "�
XI
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Date Routed to the City Clerk:
Date Returned to Originator: Office of the Mayor
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