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HomeMy WebLinkAboutKing Conservation DistrictA AGREEMENT FOR AWARD OF HING CONSERVATION DISTRICT MEMBER JURISDICTION GRANT City of Auburn This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 935 Powell Ave. SW, Renton, WA 98057 (referred to herein as "District"), and the City of Auburn, a municipal corporation in King County, Washington, located at 25 West Main Street, Auburn, WA 98001 (referred to herein as "Recipient"), for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve natural resources, including soil and water, which activities are declared to be of special benefit to lands; and 1.2 Whereas, pursuant to RCW 89.08.400, King County has authorized and imposed a system of assessments to finance the activities and programs of the District; and 1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.08.341 and/or Chapter 39.34 RCW, the District is authorized to enter into agreements with municipal entities and agencies (governmental or otherwise), or their designees, in order to carry out and facilitate the activities and programs of the District to conserve natural resources; and 1.4 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW and the District's policies and procedures for awarding grants; and 1.5 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions relating to the District's award of a grant to Recipient. SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Fifty-0ne Thousand Dollars ($51,000) from 1996-2002 Assessment funds. Grant funds shall be used by Recipient solely for the performance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the District's policies and procedures, including but not limited to, the policies and procedures contained in the Member Jurisdiction & WRIA Forum Grant Application Instructions and Policies, provided that such funds have been collected and received by the District. -1- 2.2 Recipient represents and warrants that it will only use the grant funds for the work described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the Agreement. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized work. Further, Recipient agrees to return to the District any grant funds that are not expended ar remain after completion of the wark covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used far such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due June 30 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty (30) days after the completion of the work. The final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS"). 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. Recipient shall cooperate with the District in any such audit. -2- 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or progam to ensure compliance with this provision. 2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property allegedly resulting from the negligent or intentional acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection with this Agreement. 2.12 Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. -3- DISTRICT: By~,z Name ta \ ++'w. T,tle~~~C~•,.~:~-~ Date Approved as to Form: A ~ Name Title Date Approved as to Form: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: By By Name r 1M Name Date 9 / I')) Q K Date / U-_- / - oO -4- Exhibit A ~ rmed X-19-oq , s-~ QMember Jurisdiction & WRI toru Grant Application Pro'ect Title: Auburn International Farmer's Market A licant: Ci of Auburn WA Contact: Councilmember Bill Peloza Principal Partners (if any): Title: Councilmember, City of Auburn WA City of Algona WA City of Pacific WA Address: 25 West Main Street Auburn WA 98001 Total Pro'ect Cost: $110,000 WRIA Fundin Jurisdiction Fundin : Q KCD Fundin Re uested: $51,000 Phone: 253 261-3235 Pro'ect Start Date: Market launch June 2009 Fax: 253 288-3132 Pro'ect End Date: on oin E-mail: bpeloza@auburnwa.gov 1. Project Description - provide a brief description of the project that summarizes what you will do, how you will do it, and why you will do it. Consider the following in the answer to this question: zuhat pressing need zuill be addressed b~j the project or iuhat promising opporfunity will be capitalized on? Who or zvhat will benefit or be positively and negatively affected? The Auburn International Farmer's Market is a unique partnership of the cities of Algona, Auburn and Pacific, WA to establish a Farmer's Market in downtown Auburn that will serve the nutritional needs of area citizens whilst bringing visitors to area businesses and services. To do this we have a Steering Committee working on all aspects of planning for the opening of the Market in 2009. We have a Market Manager in place, a great site already approved, and a number of farmers willing to supply the Market with products. The area has a large percentage of low-income farnilies, so the Market will play an important role in providing improved nutrition to this segment of our population as well as the entire community. We are already working with the Women, Infant and Children (WIC) program that will provide vouchers to purchase produce at the Market. We also believe that the Market will provide local farms with an excellent opportunity to sell more products without having to travel long distances and paying for expensive fuel. The funds that we are applying for will be used for operational purposes. 2. Natural Resource Improvement Actions - describe how the project will address a minimum of one of the natural resource improvement actions described on page 1 of the application instructions. Consider the following in your answer to this question: What natural resources zuill be improved? What are the knozvn needs, gaps or deficits fhat zvill be addressed? Wluzt are the knozvn benefits to soil, zoater, air, plants, fish and ivildlife, landozuners? The opportunity for local farrnland to be kept in production and to potentially help to supply the Farmer's Market is an important consideration for the cities in Ehis partnership. We also see the possibility to create a pilot/demonstration project that would involve the , tileiz7b~~r,lu~i:.ciiCiiz7si i'<>!{zt~r (.Er<ir}t,~1}~niic.itio~~ E'L,:!;t°t • Nc>vc:•trll>tar 13,'( )0 production of unique produce that would cater to the diverse ethnic populations in the greater Green River and Kent ValIey areas. One of the primary goals of our Steering Committee is to emphasize the community outreach and educational aspects that the Market will facilitate. For example, we plan to have nutritional experts from our downtown hospital on hand and volunteers with knowledge of seasonal foods and how to combine the available products into appealing, nutritious recipes. We hope to include Master Gardeners in the Market as well. Our local Srnall Business Assistance Center (SBAC) runs a program here with WSU for small farmers and they have expressed a desire to be a part of the Market. Along with the WIC/CJSDA voucher program we hope to improve the nutritional intake of our citizenry, especially amongst the disadvantaged. Project Activities and Measurable Results - using the table below, list specific project activities to be completed, the timetable for the activities, and the deliverables associated with those activities. Consider the following in your answer to this question: What actions, interventions, programs, services zuilI be deployed? Activi Descri tion Deliverables Timeline 1. Planning Site selection-Sounder Transit Station in downtown Auburn done 2. Staffing Market Manager appointed, fundin bein sou ht done 3. Vendors Iined up Multiple interested farmers/vendors identified Pending market o enin 4. Market olicies/ uidelines Published document done 5. Promotion Successful promotion & advertisin ongoing 6. Permittin Issuance of ermits March 2009 7. Volunteer recruitment Sufficient staffin at venue A ril 2009 8. Identify a non-profit for funding stream Appointment of one September 2008 9. 10. 4. Effectiveness (see page 2 of application instructions far definition) - describe how the project will effectively implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: Wliy is the primarij applicant the best entitij to deliver the proposed prograrrc/service/intervention? What is the capaciftj of the primarij applicant to deliver the proposed program/service/interUention? What fools, services and parfners zvill be brought to bear? Effectiveness of the endeavor can only be judged after the opening and evolution of the Market. However, the Market will use the following metrics to determine its effectiveness: h ..ii;n WRIA i'€38"la°HI ~3fiiYi2 c~:~}(?~.::.: t~ iE~~i~:"~ $ ~t)~.,'711E~3e= . '~~ki};' w I~~{~,~r~• O t3(~ 1. Market Surveys: ongoing surveys of consumers to identify areas for improvements to the Market. 2. Market Manager Performance Evaluations: to monitor the operational effectiveness of the Market. 3. P&L Statements: as a part of the Manager's responsibility a monthly financial report will be required. 4. Number of customers served 5. Number of vendors (farmers) supplying the Market 6. Econornic effect upon downtown Auburn The Market Board and the City of Auburn will be in the best position to monitor the above criteria. The AIFM Steering Committee now has 49 farmers/vendors interested in supplying the Market. We are in regular communication with them and we plan to advise them of our progress. In fa112008 we plan to have vendors meet with our Steering Committee. The Auburn Area Chamber of Commerce has provided us with a letter of support and a promise to help us to promote the Market. The City has created a staff team dedicated to community outreach which includes an ethni%ultural liaison specialist who can be an effective proponent on behalf of the Market. Over time, the Market will be sustained by several factors: The Auburn downtown core area is about to break ground on several near simultaneous new developments that will add considerable amounts of downtown residents and new retail businesses adjacent to the Market site. Sound Transit and Metro continue to add trips to train and bus schedules. This will increase foot traffic around the Market while enabling more citizens to use public transportation to come to the Market. Earlier in 2008, the City annexed 15,000 new citizens into Auburn. Residents from these areas have been some of the strongest proponents for a Market. 5. Efficiency (see page 2 of application instructions for definition) - describe how the project will efficiently implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: Hozv zuill the proposed program/service/intervention engage in conjunction zuith related efforts? Hozv does your strategi best leverage resources? The three cities of Algona, Auburn and Pacific along with the Farmer's Market Steering` Committee and others will provide the Farmer's Market with the best available tools, support and resources to provide an effective Market, as well as an effective collaboration between the Market and area farms, especially farms in the Green River valley. Our approach continues to be a direct, community based, cost effective one. The three cities, along with the Auburn Area Chamber of Commerce, will participate directly in the promotion and marketing of the Market. . , 'oI';tlit>:.°~r .(,li t~.c~i.~~-€s!)n l~l:l t-(>f t3rn (Js.tt1S. r~tl~a~l:.<ll:lc3tt 4':t~E:tt b `v(>it'.iltht,C 0 f' <<rk 1 -t, i We have applied for a$35,000 USDA grant to help start our Market. Our Market Manager is now in the process of identifying potential funding sources and has recently been introduced to Puget Sound Fresh and other organizations. 6. Equity (see page 2 of application instructions for definition) - describe how the project will equitably implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: In zvhat part of tl2e District zuitl the proposed program/service/intervention accur? iNITO is the target audience and zUhat demographic section of the communihj zvill be affecfed? We see several audiences likely to benefit from the Auburn International Farmer's Market. The area farmers will benefit as well as the area citizenry, who currently have to travel out of the area to find other markets. In particular, low-incorne households (many of whom reside in downtown Auburn near the proposed site) should benefit greatly. We foresee the availability of unique produce Ehat can be used to prepare cuisines appealing to the diverse ethnic rnakeup of our communities to help bring more of these groups into a shared environment that can increase cultural understanding and interaction. 7. Evaluation of Intended Results - describe the evaluation mechanisms you will use to track, document, and report that the project has achieved the intended results described in questions 1- 3. Market Surveys: ongoing surveys of consumers to identify areas for improvements to the Market. Market Manager Performance Evaluations: to monitor the operational effectiveness of the Market. P&L Statements: as a part of the Manager's responsibility a monthly financial report wiIl be required. Number of customers served Number of vendors (farmers) supplying the Market Economic effect upon downtown Auburn 8. Project Budget & Expenses Budget Item KCD Funds Other Funds USDA Other Funds AIFM Cities Total Salaries and Benefits 35,000 10,000 5,000 $50,000 Travel/Meals/Milea e 1,000 3,000 5,000 $9,000 Office/Field Su lies 5,000 71000 $12,000 Contracted/Professional Services* 7,000 10,000 10,000 $27,000 Land Ac uisition Permits 3,000 3,000 3,000 $9,000 , < < }r EA c:o t"t 7]"i 6[:lllf A pq..:I, ..`6 st1 1' Miscellaneous 2,000 1,000 3,000 Other s ecif ) Other (s ecif ) TOTAL $51,000 35,000 24,000 $110,000 * These costs will include promotional advertising, collateral materials, banners, promotional food products, educational materials (printing) and stipends for guest chefs and other promotional events. They also will be used to pay for police/security costs, clean-up and other site-related costs. 9. KCD Acknowledgement - describe how the KCD will be acknowledged as a source of funding for the proposed program/ service/ intervention (see page 3 of application instructions for requirements). The Auburn International Farmer's Market will certainly acknowledge KCD on all printed, web-based and electronic materials, signs, etc. We would also allow for KCD to be present at a booth whenever possible. ~ ~ - Authorized Signature 114 g C/ c, ~ t, et s~ ~d---.Tl ` ~ -1'vv O Date hv,ltt} { If ltli :Ap;'dii'<LL;OiI 11;ICkz:I • ~U=:,.'ra rt;'I' f.~. • Pit~_)E' tZ OT i0