HomeMy WebLinkAboutPW18-077 - Original - Water Works Grant for Green River Watershed Center Design Records Mana' gernent
i W3 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.
Vendor Name: King County WaterWorks Grant
Vendor Number:
JD Edwards Number
Contract Number: PlN m - o-)-1
This is assigned by City Clerk's Office
Project Name: Green River Watershed Center Design
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Grant
3129J1Y
Contract Effective Date: Termination Date: 12/31/19
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Matt Knox Department: PW-ENG
Contract Amount: 550,000
Approval Authority: ❑ Director Mayor ® City Council 01-16-18 Meeting Date
Detail: (i.e. address, location, parcel number, tax id, etc.):
One of the primary goals of the city's Green River Natural Resources Area (GRNRA) is to
provide educational opportunities and promote environmental awareness. This grant will
provide funds to develop a conceptual design and perform a marketing / feasibility / use
analysis of a proposed interpretive facility at the GRNRA.
T
Agenda Item:
TO: City Council
DATE: January 16, 2018
SUBJECT: King County Water Works Grant for Green River Watershed
Center Design Agreement - Accept
........................ ............._---____ _.
MOTION• Authorize the Mayor to sign a grant agreement with King County in the
amount of $50,000 to complete a feasibility and use analysis and conceptual design
of the proposed Green River Watershed Center. This grant agreement will be subject
to final terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: One of the primary goals of the city's Green River Natural Resources
Area (GRNRA) is to provide educational opportunities and promote environmental
awareness. This grant would provide funds to hire a consultant to complete a
conceptual design and perform a marketing / feasibility / use and programming
analysis of a proposed Green River Watershed Center at the GRNRA. A site at the
GRNRA has been reserved for this Center and it has been a goal to provide this
educational facility ever since planning for the GRNRA began in the late 1980's.
Feedback from previous grant applications for this proposed Center identified a need
to complete a marketing analysis to determine the highest and best use of the facility
and to ascertain the most effective messaging techniques. Completion of this
analysis is expected to make this proposed center and its design more competitive
for future grant funding. This grant will provide this needed first step.
EXHIBITS: Agreement
RECOMMENDED BY: Public Works Committee
YEA: Troutner, Fincher, Higgins NAY:
BUDGET IMPACTS: No additional funds are required. This grant will fund
preliminary design and analysis of this proposed facility. Future grant funds will be
sought for final design and construction.
2017 WaterWorks Council Allocated Grant
King County Agreement Cover Page
Year: 2017
Project Name: Green River Watershed Center, Design & Analysis
Recipient: City of Kent
Funding Amount: $50,000.00
Project Summary Construction of a watershed education center at the Green
River Natural Resources Area in Kent will educate the
public on how people and aquatic and terrestrial wildlife can
coexist. Funding from this grant will be used to complete a
conceptual feasibility and programming plan to excite
partners and funders about the desire and possibilities of this
education center.
Primary Contact: Matt Knox
Phone: 253-579-5764
Email: mknoxgkentwa.gov
Start Date: March 29, 2018
End Date: November 30, 2019
WaterWorks Grant Program
Grant Agreement
AGREEMENT
between
City of Kent
and
KING COUNTY
This is an Agreement between City of Kent, hereinafter the"RECIPIENT" and King County, a
political subdivision of the state of Washington, hereinafter the"COUNTY."This Agreement is
effective as of the date of the COUNTY signatory.
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 Green River Watershed Center, Design & Analysis,
hereinafter the "PROJECT."
Section 1. Background and Recitals:
A, Proposed PROJECT benefit or improvement to water quality and/or the regional
wastewater treatment system and its ratepayers: Construction of a watershed education
center at the Green River Natural Resources Area in Kent will educate the public on
how people and aquatic and terrestrial wildlife can coexist. Funding from this grant
will be used to complete a conceptual feasibility and programming plan to excite
partners and funders about the desire and possibilities of this education center.
B. The COUNTY plans and proposes to remunerate the RECIPIENT for the purpose
described in Subsection A above in an amount up to, but not exceeding$50,000.00,
hereinafter the "AWARD."
C. This AWARD is made with the understanding that the RECIPIENT will complete the
PROJECT as outlined in the Scope of Work(Exhibit A) and will fulfill reporting
requirements as described under the Terms and Conditions of this Agreement.
D. The RECIPIENT plans to contribute to this PROJECT a cash and/or in-kind match
valued at$5,000.00, to be verified in submitted PROJECT reports.
Section 2. Terms and Conditions:
A. The PROJECT shall be in accordance with the tasks and activities specified in the Scope
of Work(Exhibit A).Any modifications mast be requested in an Agreement Amendment
and be approved b the Director of the Wastewater Treatment Division WTD in the
i` Pp Y ( )
COUNTY's Department of Natural Resources and Pads.
Agreement between City of Kent and King County
Green River Watershed Center,Design&Analysis—Round 2 WQ1P 2017
Page 1 of 12
B. The COUNTY will, upon execution of this Agreement, establish procedures to allow
payment to the RECIPIENT of all eligible expenses for approved activities up to the limit
of the AWARD. Payments are on a reimbursement basis; except in special circumstances;
at the discretion of the COUNTY, where advances of a portion of the AWARD may be
made. Twenty percent(20%) of the AWARD amount will be withheld by the COUNTY
until receipt of the final Quarterly Progress and Expense Reports and the Closeout
Reports.
C. The RECIPIENT's expenditures of AWARD funds shall be separately identified in the
RECIPIENT's accounting records. If requested,the RECIPIENT shall comply with other
reasonable requests made by the COUNTY with respect to the manner in which
PROJECT expenditures are tracked and accounted for in the REC'IPIENT's accounting
books and records. 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.
D. The COUNTY will reimburse RECIPIENT for expenses on a quarterly basis,following
receipt and approval of Quarterly Reports and a Closeout Report. 'Twenty percent(20%)
of the AWARD will be held back until a close-out verifies fiscal and programmatic
compliance with the terms and conditions of the agreement.
l. The RECIPIENT shall be responsible for submitting the following PROJECT
progress reports: Quarterly Reports (including narrative and expense sections),
Closeout Report (including narrative and expense sections); including backup
documentation such as photos, copies of articles, and financial backup such as
copies of receipts.
2. Quarterly Report narrative and expense sections shall be submitted together using
the online system using the provided format and following instructions from
WaterWorks grant administrators.
a. The Quarterly Reports are due thirty (30) days after the end of each
quarter.
b. If no expenses are made during a quarter, no Expense section is needed.
However, the narrative section should still be submitted and indicate that
no expenses were made during that time period.
c. The expense section should detail expenses and include backup
documentation of expenses. The narrative section should include
documentation proving the project activities took place, such as photos,
workshop agenda, volunteer sign in sheets, etc.
3. The Closeout Report shall be submitted online using the provided format and
following instructions from the WaterWorks grant administrator and will include
Closeout documentation,
Agreement between City of Kent and King County
Green River Watershed Center,Design&Analysis—Round 2 WQFP 2017
Page 2 of 12
a, The Final Closeout reports are due thirty (30) days after the end date of the
PROTECT or not later than December 31,2019.
E. Failure to submit the aforementioned Quarterly Report on the PROJECT progress within
ninety (90) days of the due date may be cause for the COUNTY to terminate this
agreement for non-performance. Termination would require the return of any funds
advanced but not already spent executing the PROJECT, as well as forfeiture of AWARD
funds for activities not completed by termination date.
F. Failure to provide all of aforementioned documentation may result in the need to
withhold part or all of the AWARD.
G. Costs eligible for payment shall be limited to those costs identified in the Budget(Exhibit
B)and incurred during the effective dates of this Agreement.
11. Any and all activities to be funded by this Agreement to the RECIPIENT shall be
completed by November 30, 2019. If needed, an Agreement Amendment may be granted
to extend the terms of the contract beyond the end date, adjust the scope of work, or
change the budget details (but not increase the total AWARD amount), conditioned upon
approval by KING COUNTY. The extension must be requested and approved at least
sixty (60) days in advance of the original end date.
1. The RECIPIENT agrees to acknowledge the COUNTY in all media, publications, and
signage that are produced as part of the PROJECT. This includes press releases, public
service announcements,posters, flyers, signage, Web pages, blogs, and videos. The
RECIPIENT will use the wording provided in Exhibit C of this Agreement(Credit and
Disclaimers).
Section 3. Legal 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 paid for by this
AWARD. The RECIPIENT shall maintain and retain books and records related to the
Agreement for at least three('3) 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 leverage or complement the water quality
mission of the regional wastewater system. The COI,-NTY's sole obligation under this
agreement shall be to provide fiords to the RECIPIENT and this agreement shall not be
construed as a contract for services between the RECIPIENT and the COUNTY, or as
Agreement between City of Rent and King County
'... Green River Watershed Center,Design&Analysis—Round 2 WQrP 2017
Page 3 of 12
establishing a principal agent relationship between the COUNTY and the RECIPIENT.
No joint venture or partnership is formed as a result of this Agreement.
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 defend, 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. This condition shall survive the termination of this Agreement. All
actions undertaken under the funding provided by the terms of this agreement are, as
between the COUNTY and the RECIPIENT, the sole responsibility of the RECIPIENT.
No employees, agents, volunteers, or contractors of RECIPIENT shall be deemed, or
represent themselves, to be employees of the COUNTY.
D. RECIPIENT agrees for itself, its successors, assigns or by others including, without
limitation, all persons directly or indirectly employed by RECIPIENT, or any agents,
contractors, subcontractors, Consultants, subconsultants, volunteers, licensees or invitees
of RECIPIENT, to defend, indemnify, and hold harmless the COUNTY, its appointed
and elected officials, and employees from and against liability for all claims, demands,
suits, and judgments, including costs of defense thereof for injury to persons, death, or
property damage which is caused by, arises out of, or is incidental to RECIPIENT's
exercise of rights, privileges, and obligations under this Agreement, except for the
COUNTY's sole negligence. RECIPIENT's obligations under this section shall include,
but not be limited to all of the following: (i) The duty to promptly accept tender of
defense and provide defense to the COUNTY with legal counsel acceptable to the
COUNTY at RECIPIENT's own expense; (it) Indemnification of claims made by
RECIPIENT's own employees or agents; and (iii) Waiver of RECIPIENT's immunity
under the industrial insurance provisions of Title 51 R.C.W. but only to the extent
necessary to indemnify the COUNTY, which waiver has been mutually negotiated by the
Parties.
In the event it is necessary for the COUNTY to incur attorney's fees, legal expenses, or
other costs to enforce the provisions of this section, all such fees, expenses, and costs
shall be recoverable from RECIPIENT. The provisions of this Section 31) shall survive
the expiration, abandonment, or termination of this Agreement.
E. Nothing in this Agreement shall be construed as prohibiting the RECIPIENT from
undertaking or assisting projects developed outside the purview ofthis 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
patties.
F. The COUNTY shall be Linder 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.
Agreement between City of Kent and King County
Green River Watershed Center,Design&Analysis—Round 2 WQIP 2017
Page 4 of 12
G. This Agreement may be amended at any time by written concurrence of the parties
through a formalized Amendment Agreement Form and will terminate upon fulfillment
of all obligations contained herein.
H. The COUNTY may terminate this Agreement immediately for cause. if this Agreement is
terminated the RECIPIENT shall return any unused portion of the funds advanced up to
the date of termination.
1. Invalidity or unenforceability of one or more provisions of this Agreement shall not
affect any other provision of this Agreement.
J. In its performance under this Agreement the RECIPIENT shall not discriminate against
any person on the basis of sex,race, color,marital status,national origin, religious
affiliation, disability, sexual orientation, gender identity or expression, age except by
minimum age, and retirement provisions, unless based upon a bona fide occupational
qualification, and the RECIPIENT shall not violate any of the terms of chapter
49.60 RCW, Title VII of the Civil Rights Act of 1964, or any other applicable federal,
state, or local law or regulation regarding nondiscrimination in employment.
K. Authority: Re tr�at.j<_lrts and Warranties.Each signatory to this Agreement represents
and warrants that he or she has full power and authority to execute and deliver this
Agreement on behalf of the entity for whom he or she is signing.
L. C_cyul&rpnrts. This Agreement may be executed in counterparts, each of which shall be
deemed an original, and all counterparts together shall constitute but one and the same
instrument. The exchange of copies of this Agreement and of signature pages by
facsimile transmission, by electronic mail in"portable document format" (".pdf')form,
or by any other electronic means intended to preserve the original graphic and pictorial
appearance of a document, or by combination of such means, shall constitute effective
execution and delivery of this Agreement as to the Parties and may be used in lieu of the
original Agreement for all purposes. Signatures of the Parties transmitted by facsimile
shall be deemed to be their original signatures for all purposes.
M. The effective date of this agreement is the date of COUNTY signatory.
Agreement between City of Kent and King County
Green River Watershed Center,Design&Analysis—Round 2 WQIP 2017
Page 5 of 12
AGREEMENT SIGNATURE PAGE
City of Kent by:
�{
Signature;— � /l I �.
Dana Ralph, Mayor
Date:_—....oC� l p `� . .... ... ......--
KING COUNT
Signature:
Mark Isaacso , ivisio hector, Wastewater Treatment Division
Date: �l��l v2
--------
i
Agreement between City of Kent and King County
Green River Watershed Center,Design&Analysis—Round 2 WQIP 2017
'... Page 6 of 12
EXHIBIT A: SCOPE OF WORT{
The task(s) set forth below summarize the RECIPIENT's activities to be performed under this
agreement to complete the PROJECT. All activities in the following tasks, including
deliverables,must be completed by the expiration date of this agreement unless otherwise
modified through an Agreement Amendment Form and approved by the COUNTY in writing.
Any work performed or costs incurred prior to the effective date of this agreement will be at the
sole expense of the RECIPIENT.
* Complete a marketing/feasibility/use and programming analysis to ascertain the potential
usage of the proposed facility, demographics of expected visitors, and to determine the GRWC's
highest and best use and most effective messaging techniques. Goals and target audiences for
the GRWC and its primary messages will be developed and presented in this analysis.
* A draft and finalized analysis will be completed and be available to present to potential
funders, advocates and decision makers to support fund-raising and construction of a Green
River Watershed Center.
* Conceptual design and cost estimate of the GRW C - after the analysis mentioned in Goal One
is completed, a conceptual design will be drawn-up that best meets the goals and objectives
identified in the analysis.
*A draft and finalized conceptual design and cost estimate will be completed that meets the
goals and objectives identified in the marketing/ feasibility/ use and programming analysis
described above.
I NA
I NA
Success with this conceptual design and analysis would mean that funders,partners and
advocates would jump on-board and help us complete design and then support construction,
operation and maintenance of this educational facility into the future. ']'his support would turn
into thousands of contacts with school children and adults encouraging them to think about their
individual actions and their effects on this watershed. It is hoped that at least some of these
contacts Would leave a lasting impression and help instill an environmental ethic that they would
in-turn pass onto others.
Agreement between City of Kent and King County
Green River Watershed Center,Design&Analysis—Round 2 WQ1P 2017
Page 7 of 12
EXHIBIT B: BUDGET
Costs are limited to those approved by the COUNTY in the current Budget. Costs should be
reasonable and necessary to carry out the task. All activities and PROJECT expenditures must be
completed according to this agreement unless otherwise modified through an Agreement
Amendment Form and approved by the COUNTY in writing.
Any work performed or costs incurred prior to the effective date of this agreement will be at the
solc expense of the RECIPIENT.
An Agreement Amendment must be completed and approved to change a scope of work, request
an extension, or if the budget expenditure category might deviate more than ten percent (10% of
Grand Total). For more information, contact your grant administrator.
A B C D E F G
BUDGET ITEMS: Description GRANT CASH IN-KIND CATEGORY SOURCE OF
CATEGORY (rate or unit x quantity) AWARD MATCH MATCH SUBTOTAL MATCH(indicate if
pending or secured)
Staff salaries&benefits
r r i
Staff salary using billing Administer&Oversee
Consultant Design and $5 000 00/� City of Kent Utility
or fully burdened rates � � .....Fund
� /// 9'
Project supplies,
pP Analysts
materiels,and
equipment
Commercial services /
Consultant/contractor Analysis,Conceptual '.,.Moo
f
services Design and Cost Estimate ����� t
Transportation
Other costs
Protect SubtotalMGMIf - /..
Overhead ,� � ;,rri/r i/,
cra�drorAr lr��i�.l' �ill ar D ��l
Agreement between City of Kent and King County
Green River Watershed Center,Design&Analysis—Round 2 WQIP 2017
Page 8 of 12
EXHIBIT C: ACKNOWLEDGEMENTS AND DISCLAIMERS
L9
King County
Department of Natural Resources and Parks
Wastewater Treatment Division
Logo and logo standards: For electronic versions of the official logos and logo standards,
contact your grant administrator. The above logo must be included on all printed documents
and electronic media produced in carrying out the PROJECT. This includes signage, posters,
documents, brochures, flyers, newsletters, newspaper advertising, Web pages, blogs, and videos.
Credit for materials produced as part of the PROJECT: Acknowledge PROJECT funding by
including the following sentence with the logo:
This project is funded by the King County Wastewater Treatment Division
If your PROJECT has multiple funders, it can say:
This project is funded in part by the Icing County Wastewater Treatment Division
Disclaimer language: For items where opinions or advice or a list of organizations or businesses
are included in the copy (e.g., an interpretive panel, a guidebook, or a directory), please add the
following disclaimer sentence:
The content herein does not constitute an endorsement by King County government, its
employees,or its elected and appointed officials.
Agreement between City of Kent and Icing Count)/
Green River Wateished Center,Design&Analysis—Round 2 WQIP 2017
Page 9 of 12
EXHIBIT D: AGREEMENT TERMS AND PROCEDURES
ACKNOWLEDGMENT: Please acknowledge KW G COUNTY in all written and electronic
media (publications, signage, press releases, public service announcements,posters, flyers, Web
pages, videos,PowerPoint presentations, etc.). Refer to Exhibit C for further information.
ADVANCE: Advance payments are allowed in some cases at the discretion of the COUNTY;
documentation of payments made from advances shall be submitted to the COUNTY prior to any
further requests for AWARD funds.
AGREEMENT AMENDMENT: This document must be completed and approved to change a
scope of work,request an extension, or if the budget(Exhibit B) might deviate in any PROJECT
cost categories by an amount equal to or greater than ten percent(10%) of the total AWARD
amount. This forth is available from your grant administrator.
BALANCE OF AWARD: Any amount of your AWARD not spent on this PROJECT must be
returned to KING COUNTY, if all advance was issued.
CLOSEOUT REPORT: This report documents the successful completion of the PROJECT
according to the scope of work. The Closeout Report is due thirty (30) days after the end of your
agreement period and must be submitted online, following instructions from the WaterWorks
grant administrator. This includes two sections:
I. Financial Closeout documenting the records of expenditures for the PRO.)FCT
(reconcile your project expenses, award, cash, and in-kind match).
2. Narrative Closeout documenting the successful completion of the PROJECT
according to the scope of work The final report will include a narrative, outreach
materials, copies of communication materials, and tools created for and about the
PROTECT.
ELIGIBLE CHARGES: Only expenses in the categories listed in the budget page of this grant
agreement can be covered by this AWARD and only up to the indicated amount without prior
authorization.
FINANCIAL RECORDS: Maintain a record of your expenditures to conform to generally
accepted accounting principles. Retain records for at least three(3) years after the end date of
your agreement. It is highly recommended that if you use a computer to track your project
expenses you assign a code to this grant. If you keep track Of Your expenses manually, you will
need to make copies of your receipts or other"manual' documents. This way, you will be able to
document your expenses.
MATCH: Keep track of cash and/or in-kind match amount as it is described in your budget
(Exhibit B) because it must be documented in your Financial Closeout Report(Exhibit 1I),
MILESTONE: Milestones are considered significant actions or events marking important
progress or change in the stage of development of the
Agreement between City of Kent and King County
Green River Watershed Ceater,Design&Analysis—Round 2 WQ[P 2017
Page 10 of 12
QUARTERLY REPORTS: '['his report includes two sections; a progress section that provides
a status report on the progress of activities and goals identified in the scope of work; and an
expense section for reimbursement of costs each quarter. The quarterly reports are due thirty (30)
days after the end of each quarter.
SCOPE OF WORK): Keep track of your activities as they relate to the scope of work you
provided. You will have to document the progress when submitting your Quarterly Reports and
Closeout Report.
START DATE: The start date of this agreement is the date of the COUNTY signatory,
Expenses can be posted as of the start date of your agreement but not sooner. (Same thing as
Effective Date.)
Agreement between City ol'Kent and King County
Green River Watershed Center,Design&Analysis—Round 2 WQIP 2017
Page I I of 12
EXHIBIT E: FUNDING AUTIIORITY
The funding authority for this AWARD comes from the COUNTY, through its Department of
Natural Resources and Parks, which operates a regional system of sewage treatment and
conveyance facilities for which it collects charges from local governments. Said charges
constitute the source of revenue for operation of the COUNTY's sewage treatment system. By
agreement with said local governments, this revenue can be used only to fund expenditures that
are related to the development, operation, maintenance, and replacement and improvement of
said system. By budget authority, the COUNTY funds activities related to the regional water
quality objectives advanced by the development of the sewage treatment system.
Agreement between City of Kent and King County
Green River Watershed Center, Design&Analysis—Round 2 WQ1P 2017
Page 12 of 12
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