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HomeMy WebLinkAbout3670RESOLUTION NO. 3670 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, TAKING STEPS TO RESTORE THE SALMON HABITAT IN OLSON CREEK WITHIN THE HISTORIC OLSON FARM BY UTILIZING WATERWORKS GRANT FUNDS AND TRANSFERS FROM THE KING CONSERVATION DISTRICT WHEREAS, the King County Department of Natural Resources and Parks is seeking WaterWorks and Rural Community Partnership grant applications for community stewardship projects that improve or restore water-dependent habitats; and WHEREAS, the City of Auburn's proposal to restore the salmon habitat in Olson Creek within the historic Olson Farm meets the WaterWorks grant requirements; and WHEREAS, the WaterWorks grant requires a 25% or $12,500 cash match; and WHEREAS, the King Conservation District has funds collected from its per- parcel assessments that are earmarked for conservation projects within the city limits of Auburn; and WHEREAS, if King County awards the City's grant application, the necessary grant agreements will need to be executed before the end of the Fiscal Year 2003. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City hereby approves the grant from King County in the amount of Fifty Thousand Dollars ($50,000) and the transfer of Thirty-finro Thousand Resolution No. 3670 December 10, 2003 Page 1 Five Hundred Dollars ($32,500) from the King Conservation District for the purposes of restoring salmon habitat on Olson Creek within the historic Olson Farm. The Mayor and City Clerk of the City of Auburn are authorized to execute the necessary Agreements with King County and King Conservation District for the reimbursement of said funds. Section 2. The City hereby combines the Waterworks grant of $50,000 and the transfer of $32,500 from the King Conservation District to create a total appropriation of $82,500 in the City of Auburn's Capital Improvement Fund for the restoration of salmon habitat on Olson Creek within the historic Olson Farm. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This Resolution shall be in full force and effect upon passage and signatures hereon. DATED AND SIGNED this day of ~)E c.-Qm~aky'` 12003. OFAUBURN ~ `'V-- Pet r B. Lewis Mayor Resolution No. 3670 December 10, 2003 Page 2 ATTEST: IIIAt~ &ZJL~ Danieile Daskam, City Clerk APPR4VfD A9'-T9-F-ORM: Daniel B. Heid, City Attorney Resolution No. 3670 December 10, 2003 Page 3 (i) King County Department of Natural Resources and Parks Water and Land Resources Division WaterWorks AGREEMENT TITLE PAGE Year / Cycle: 2003 / other Project title: Olson Creek Habitat Restoration Recipient: City of Auburn EIN: 91-6001225 Brief project statement: The proposed project will restore approximately'/4 mile of stream habitat in Olson Creek, tributary to the Green River. The creek provides spawning habitat for coho and chum salmon and important summer rearing and refuge/over-wintering habitat for juvenile chinook salmon. The restoration project is located within the historic Mary Olson Farm, which is owned by the City of Auburn and mana ed by the White River Valle Museum. Contact: Mr. Eric Ha en Phone / FAX: (253) 288-7432 / (253) 804-3114 E-mail: ehagen@ci.auburn.wa.us Address: 25 West Main, Auburn, WA, 98001 Person signing this Agreement: Title: Address: Phone: Total Award: $50,000.00 Fundin : WW, 4883 PO/Contract PO Re uisition Method of disbursement: Advances & Reimbursements, IBIS Startin date: December 1, 2003 Endin date: November 30, 2004 CLOSE-OUT December 31, 2004 AGREEMENT Between City of Auburn And KING COUNTY From December 1, 2003 to November 30, 2004 This is an Agreement between City of Auburn, hereinafter the "RECIPIENT", and King County, a political subdivision of the state of Washington, hereinafter the "COUNTY", entered on December 1, 2003 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 Olson Creek Habitat Restoration, the PROJECT. The Close- Out date of this agreement is December 31, 2004. Section 1. Background and Recitals: A. Recipient description: ~ Legal status: A political subdivision of the State of Washington. • Mission or purpose: The City of Auburn Department Planning and Community Development's environmental mission is to manage Auburn's natural resources to benefit its constituency and to make positive contributions in protecting the environment. B. Proposed project (hereinafter the PROJECT): The proposed project will restore approximately'/4 mile of stream habitat in Olson Creek, tributary to the Green River. The creek provides spawning habitat for coho and chum salmon and important summer rearing and refuge/over-wintering habitat for juvenile chinook salmon. The restoration project is located within the historic Mary Olson Farm, which is owned by the City of Auburn and managed by the White River Valley Museum. C. Recipient experiences in carrying out the PROJECT: Staff assigned to this project have extended experience in 1 1' 1 AGREEMENT PARTICULARS: RECIPIENT: CITY OF AUBURN PROJECT TITLE: OLSON CREEK HABITAT RESTORATION TOTAL AWARD: $50,000.00 START DATE: DECEMBER 1, 2003 END DATE: NOVEMBER 30, 2004 CLOSE OUT DATE: DECEMBER 31, 2004 TOTAL MATCH: $30,000.00 CASH MATCH: $20,000.00 IN KIND MATCH: $10,000.00 REIMBURSEMENT SCHEDULE: JANUARY 2004 $10,000.00 MARCH 2O04 $10,000.00 JLJNE 2004 $10,000.00 ' SEPTEMBER 2004 $10,000.00 I~ DECEMBER 2004 $10,000.00 PROJECT CONTACT PERSON: MR. ERIC HAGEN INCLUDED IN THIS AGREEMENT: EXHIBIT A: SCOPE OF WORK EXHIBIT B: BUDGET EXHIBIT C: CREDIT AND DISCLAIMERS RULES EXHIBIT D: GLOSSARY OF TERMS EXHIBIT E: REQUEST FOR PAYMENT FORM EXHIBIT F: FINANCIAL CLOSE OUT FORM CONDITIONS: NONE environmenta comp iance, natura resources project management, ESA, permitting, habitat assessment and fisheries biology and fundraising from public and private sources. D. The COLJNTY, through its Department of Natural Resources and Parks, 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 COiJNTY'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. From time to time the COLJNTY funds activities related to the regional water quality objectives advanced by the development of the sewage treatment system. E. As determined by King County, this PROJECT would improve water quality and benefit King County residents in general and rate payers in the Wastewater Treatment Service Area in particular. 12/17/03 F. The County plans and proposes to remunerate the RECIPIENT for the purpose described in Subsection B above in an amount up to, but not exceeding $50,000.00 (The AWARD), provided that the RECIPIENT also contributes to this PROJECT a cash and in-kind match valued at $30,000.00 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 Manager of Water and Land Resources Division in the COiJNTY'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. The disbursement schedule is as follows: REQUEST DATE (S) AMOUNT (S) CONDITION(S) JANUARY 2004 $10,000.00 MARCH 2004 $10,000.00 JLJNE 2004 $10,000.00 SEPTEMBER 2004 $10,000.00 DECEMBER 2004 $10,000.00 (upon submitting final report) • The RECIPIENT shall be responsible for making a request for payment on or about the dates above and for the amounts corresponding to these dates. Each request shall be presented in the format shown in Exhibit E of this Agreement using the Request for Payment and Task Summary form. The Task Summary is a summary of the PROJECT progress to date based on the Scope of Work (Exhibit A of this Agreement); • Failure to submit the aforementioned request for payment and report on the PROJECT progress within one month of the date(s) listed in REQUEST DATE(S) and AMOLJNT(S) may be cause far the COiJNTY to terminate this agreement for non-performance; • Costs eligible for payment shall include those costs identified in the Budget and incurred during the effective dates of this Agreement (Exhibit B of this Agreement); • Any and all activities to be funded by this Agreement to the RECIPIENT shall be completed by November 30, 2004; • Final payment shall be made on condition that the RECIPIENT submits the following documents no later than December 31, 2004: ❑ A Final Report documenting the successful completion of the PROJECT according to the Scope of Work (Exhibit A of this Agreement); ❑ A Close-Out Statement completed in the format in Exhibit F of this Agreement (Close-Out Statement), accounting for all PROJECT costs including all cash and/or in-kind match itemized in the Budget (Exhibit B of this Agreement); • Failure to provide the aforementioned documentation may result in the forfeiture of part or all amounts due to the RECIPIENT; • The RECIPIENT shall also return any money remaining from the COLJNTY's disbursement by December 31, 2004. C. The RECIPIENT agrees to acknowledge WaterWorks and the King County Water Quality Block Grant Fund 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 izii7io3 2 in electronic postings such as "home pages". The RECIPIENT will use the wording provided in Exhibit E of this Agreement (Credit and Disclaimers for Waterworks Funded Projects). (Refer to Exhibit C of this Agreement) 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 principals 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 COiJNTY'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 COLTNTY's efforts to protect water quality. It shall not be construed as a contract for services between the RECIPIENT and the COiJNTY. 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 COLJNTY. D. The RECIPIENT agrees to indemnify, defend and hold harmless the COiJNTY, 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 ar 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 COiJNTY 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 Agreement for all expenses incurred up to the day of termination of this Agreement as provided in Section 2, Subsection B. i2n7ios 3 L This Agreement is approved as to form by the King County Prosecuting Attorney The parties have executed ' as of the ate first written above. r~ City of Auburn by: Recipient Printed Name: Date: KING COUNTY by: For Ron Sims, King County Executive i2ii7io3 4 Y~ EXHIBIT A: SCOPE OF WORK TASKS DESCRIPTION DATES TASK 1 Submit letters of commitment from partners that are contributing financial and/ar in-kind support to this project. Letters must state the actual contribution being proposed for this project. #1 White River Valley Museum July 2004 #2 Auburn School District #3 Green River Steelhead and Trout Club TASK 2 SUB-TASK OUTCOME TOTAL DATES Proiect SHARE OF Work Plan AWARD Stream restaration City will prepare preliminary scope of $20,000.00 January/ plan and design work and hire consultant to develop the February restoration plan and prepare a stream 2004 design. Volunteers will assist with baseline surveys. Vegetation survey (baseline): 4 volunteers will spend an average of 4 hours assistin with this task Permits/Approvals City will prepare applicable permits 0 March/April (HPA, SEPA checklist, clearing & 2004 ading) Excavate channel Contractor will remove excess $25,000.00 July/August sediments and create a 2-stage channel 2004 along '/4 mile of reach to provide low- flow trans ort Install root wads, Contractor will install/anchor root wads $5,000.00 July/August logs, woody debris and logs along the lower 750 ft of the 2004 channel Riparian City will purchase native plants and 0 September/ enhancement landscaping supplies. 20 volunteers October 2004 will work an average of 8-16 hrs. each to remove invasive species and plant native trees and shrubs along project reach Monitoring and City staff and volunteers will monitor 0 Yearly maintenance the restored stream and replace any dead or dying plants or trees. 4 volunteers will work an average of 6 hrs. each to assist with this task. Raise cash match Obtain $20,000.00 in King 0 March 2004 Conservation District funds allocated to the Ci of Auburn TASK 3 State all required project permits and authorizations (including right of access) as Permits/ follows: permission Name of permit, issuer, recipient, purpose and inclusive dates. If no permits or (if applicable) authorizations are re uired, submit statement to that effect. HPA April 2004 City of Auburn SEPA application, City of Auburn grading permit City of Auburn/WA State Shoreline permit Water Quali Certification (Ecolo ) TASK 4 As part of your project deliverables, provide a plan of how, where and when Credits WaterWorks will be acknowledged according to Exhibit E of this Agreement. TASK 5 Submit a final report and the financial closeout documentation as per Section 2 Close Out date Final report of this Agreement. is: December 31, 2004 12/17/03 EXHIBIT B: BUDGET Item Re uest Descri tion 1 Paid staff (1) 0 2 Consultant fees $20,000.00 Preparation of the stream restoration plan. Amount represents approximately 60% of total Plan cost (estimate = $33,000). 3 Sub of Lines 1& 2(1) $20,000.00 4 Su plies and equipment (2) 0 5 Purchased services (e.g., printing, excavation) $30,000.00 Stream channel excavation/shaping, and installation of root wads and logs. Amount represents approximately 75% of estimated cost (estimate = $40,000). 6 Travel (3) 0 7 Indirect costs (rent, utilities, etc.) (4) 0 8 Real estate related costs (5) 0 9 Other costs (6) 0 10 TOTAL GRANT AWARD $50,000.00 11 TOTAL CASH MATCH $20,000.00 City of Auburn-KCD account 12 TOTAL IN-KIND MATCH $10,000.00 City of Auburn (project administration/management, SEPA review, permitting, monitoring and maintenance) 13 TOTAL PROJECT COST $80,000.00 12/17/03 EXHIBIT C: CREDIT AND DISCLAIMERS FOR WATERWORKS FUNDED PROJECTS For official logo dimensions and spacing requirements contact your grant coordinator. The above logo must be included on all documents, brochures, flyers, newsletters, newspaper advertising and etc. On the For prE inside of your documents use the following: "The creation of this was made possible through WaterWorks, the King County Water Quality Block Grant awarded by the King County Department of Natural Resources and Parks." ;ss releases, mention the source of funding using the following wording: "This project is funded (in part) by a King County, Department of Natural Resources and Parks, WaterWorks 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: "Funding for this does not constitute an endorsement of its content by King County government, its employees and elected officials." Signage: Signs are requested to have the King County Logo and the Department of Natural Resources and Parks information on the sign. Please contact your Grant Exchange Coordinator for the specific layout design. i2ii7io3 7 EXHIBIT D: GLOSSARY OF AGREEMENT TERMS ► START DATE: Post expenses as of the starting date of your agreement but not sooner. ► AMOUNT OF AWARD: You can only charge expenses in the categories listed in the budget page of your grant agreement and only up to the indicated amount. ► MATCH: Keep track of cash and/or in-kind match amount as it is described in your budget (Exhibit B of your agreement) because it must be documented in your close-out document (see close-out below) ► 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 Request for Payment forms and your Close Out Financial Report. Refer to Exhibit A. ► DISBURSEMENT SCHEDULE: Send your Request for Payment forms when requesting reimbursement. See dates of reimbursement on page 2 of your agreement. Use Exhibit E. ► TASK SUMMARY: This is page 2 of the Request for Payment, Exhibit E. Use the information you documented in your Scope of Work, Exhibit A. This supports your Request for Payment for advances for planned work (if agreed upon in your Agreement) and/or for reimbursements for work completed. ► FINAL REPORT: This documents the successful completion of the project according to the Scope of Work. Include in the final report: • Close-out financial statement (reconcile your project expenses, award, cash and in-kind match), Exhibit F. • Documents are due one month after the end of your agreement period = close-out date. • No expenses will be approved that are dated after the end date of the agreement, see page 1. • Promotional materials, press clips, flyers, newsletters, brochures, photos, sign-in sheets of participants and etc. (when applicable) • Copies of receipts, vouchers, and/or documents that back-up the expenses and salaries reimbursed by this Grant Award attached to Eachibit F, Final Financial Close-Out. ► BALANCE OF AWARD: Any amount of your award not spent must be returned to King County. ► FINANCIAL RECORDS: Maintain a record of your expenditures to conform to generally accepted accounting principal. Retain records far at least three 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 (back-up information). ► ACKNOWLEDGMENT: Please acknowledge King County in all publications and signage as well as in press releases, public service announcements, on posters, flyers and in electronic postings such as "home pages". See Exhibit C. ► AGREEMENT AMENDMENT: This document is needed if you change your scope of work (including the timeline) or if you deviate more than 10% in your cost categories. If you deviate less than 10%, send a letter or an E-mail explaining the deviation. If you need to amend your scope of work or your budget (not the amount of the award) by more than 10%, make a detailed request in writing. EXHIBIT E: REQUEST FOR PAYMENT AND TASK SUMMARY 2003 WW Remit to Recipient: City of Auburn City of Auburn i2ii7io3 g 25 West Main Auburn, WA 98001 Phone: (253) 288-7432 Project Name: Olson Creek Habitat Restoration Time Period: from to REQUEST # Make sure to all the Task Summar related to this re uest on the back o this a e COLUMN 1 COLUMN COLUMN 3 COLUMN 4 COLUMN 5 2 BUDGETTED PRIOR THIS BALANCE DESCRIPTION AMOUNTS REQUESTS REQUEST OF AWARD (Describe here and refer to FROM (add all your (only for (Subtract attached support information) GRANT requests, not items where Columns 2& 3 AGREEMENT what you there is an from Column 1. have been amount in Note: Line paid to date) Column I) items must be no smaller than ~ Paid staff Contract warkers/consultants Su lies & e ui ment Purchased services Travel Indirect Real estate-related Other Costs Re uest 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 dated 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 Page 1 of 2 SCOPE OF WORK ACTIVITIES PLANNED OR CARRIED OUT WITH THIS REOUEST TASK (From Scope of Work) ACTIVITIES TO BE PAID IN THIS REQUEST DATE ACTIVITIES TOOK/WILL TAKE PLACE % COMPLETED Page 2 of 2 NOTE: you can attach Receipts to this Request for Payment form or wait to send in all documentation at Financial Close-out reporting. EXHIBIT F: FINANCIAL CLOSE-OUT REPORT 2003 WW Reci ient: Cit of Auburn Pro'ect: Olson Creek Habitat Restoration Award Period: from to Total Award: $50,000.00 Amount due at Close-Out: Checklist for Close-Out Report: 1. Financial Close Out, Exhibit F 2. Final Report Summary with applicable attachments, refer to Exhibit C for types of attachments 3. Supporting documentation, receipts and accounting documents Types of Accounting Documents included in this report: • Accounting software itemized expense • Accounting software composite monthly income and expense summaries (vendor/date/amounUitem) reports that identify this project as separate class or account. • Annotated copies of receipts • Copies of official payroll recards Provisions By signing this Financial Closeout, I , 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 and King County (COiJNTY), dated I hereby acknowledge that there are no further expenses associated with this project, nor any pending or future claims to the COLTNTY and that the COiJNTY is not liable for any expenses not documented in Attachment B (Budget) of the AGREEMENT. I understand that the RECIPIENT is fully bound by the provisions of the AGREEMENT including, but not limited to, the return of COiJNTY funds that are unspent or whose spend'mg is unsubstantiated according to the Terms of the AGREEMENT, and the right to examine records. I fiu-ther understand that the COLJNTY, 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 Item Budgeted in Actual Grant Cash Cash Match In-kind In-kind Grant Charge Balance match Actual match Match A reement to Grant Remainin ro osed ro osed Actual 1 Paid staff 2 Contract workers/consultants 3 Sub of Lines 1& 2 4 Supplies and 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