HomeMy WebLinkAbout3939RESOLUTION NO. 3939
AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE
OF A GRANT FROM THE STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY IN THE AMOUNT OF ONE
HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) TO
UPDATE THE CITY'S SHORELINE MASTER PROGRAM, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
THE NECESSARY AGREEMENTS TO ACCEPT SAID FUNDS
WHEREAS, the City of Auburn is required to meet certain planning
requirements pursuant to Washington Administrative Code (WAC) 173-26; and
WHEREAS, the State of Washington has appropriated funds to assist
local jurisdictions in the review and update of their shoreline master program
documents and implementing development regulations; and
WHEREAS the City of Auburn desires to update its shoreline master
program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Auburn hereby accepts a grant
from the Washington State Department of Ecology in the amount of One
Hundred Fifty Thousand Dollars ($150,000) to update the City's Shoreline
Master Program. The Mayor and City Clerk are authorized to execute an
Intergovernmental Agreement with the State of Washington Department of
Ecology for the reimbursement of said funds in substantial conformity with the
Agreement attached hereto and designated Exhibit "A" and incorporated herein
by this reference.
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Resolution No. 3939
November 15, 2005
Page 1
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out directives of the
legislation.
Section 3. This Resolution shall be in full force and effect upon passage
and signatures hereon.
SIGNED and DATED this day of November 2005.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
1
A Da ' Ile Daskam,
City Clerk
APP 7,M FOR
1
bra'niel B. Held,
City Attorney
Resolution No. 3939
November 15, 2005
Page 2
SMA Grant Agreement No. G0600103
between the
State of Washington Department of Ecology and the
CITY OF AUBURN
Project: Shoreline Master Program Update
THIS is a binding agreement entered into by and between the State of Washington, Department of
Ecology, (PO Box 47600, Olympia, Washington, 98504-7600) hereinafter referred to as the
"DEPARTMENT" and the City of Auburn, hereinafter referred to as the "RECIPIENT" to carry out the
activities described herein.
Recipient Name: City of Auburn
Planning and Community Development
25 West Main
Auburn, WA 98001-4998
Project Coordinators:
Telephone Number:
e-mail:
Paul Krauss
253-931-3090 / FAX: 2530804-3114
pkrauss@ci.auburn.wa.us
Contact for Recipient Billing/Invoicing:
Payee on Warrants:
Project Officer for Ecology
Phone
e-mail
Shelley Coleman, phone: 253-904-5019
City of Auburn
(address as above)
Sandra Lange
Department of Ecology, Northwest Regional Office
3190 - 160'" Ave. SE, Bellevue, WA 98008-5452
425-649-4260 / Fax: 425-649-7098
slan461 @ecy.wa.gov
The DEPARTMENT's source of funds is provisoed by Budget Bill ESSB 6090 to implement
shoreline management.
Very Important Note: Due to state law, all state funds that are disbursed to local governments
under these grants are appropriated in the state budget on an annual basis within the 2-year project.
Funds appropriated for the first year of the grant will need to be spent on eligible activities by the end
of the fiscal year (June 30, 2006). Local governments are not allowed to carry unexpended funds
past that date. We are aware that state and local fiscal years are not on the same schedule;
however, state law requires strict adherence to the state fiscal year for state contracts.
Maximum Eligible Grant Share, Year 1: $85,000
Maximum Eligible Grant Share, Year 2: $65,000
Total Eligible Project Cost: $150,000
THE EFFECTIVE DATE of this grant is July 1, 2005 and EXPIRES on June 30, 2007.
Page 1 of 14
SMA Grant Agreement No. G060103 between the
Washington State Department of Ecology and the
City of Auburn
IL Scope of Work
Project Title: Shoreline Master Program Update
Description: The City of Auburn is located in King and Pierce Counties with a population of
approximately 46,000. Both the Green River and White River are located
within the Auburn City limits.
The City's current Shoreline Master Program was approved in 1972. The
City's population at that time (1970) was approximately 21,000, meaning that
the city's population through growth and annexations has doubled since the
shoreline master program's initial adoption.
The shoreline master program has not been updated since its adoption.
Recent development pressures for properties located along the shoreline and
legislative mandates have prompted the need for the City to move this
process forward and update the shoreline master program.
The City will complete an update of the Shoreline Master Program (SMP) that
is developed and adopted consistent with the procedural and substantive
requirements of the Shoreline Management Act and the Shoreline Master
Program Guidelines (Guidelines). The SMP development process will include
an inventory and analysis of shoreline ecological conditions and land use;
development of goals, policies, environment designations, and use
regulations; and a local adoption process. The City will incorporate public
participation in development of the SMP and will use consultant support as
appropriate.
Work
Program: The Recipient shall perform the following tasks.
Task 1: Performance Coordination
The City will coordinate its shoreline master program efforts in several ways
throughout the SMP process which will include but is not limited to:
Attendance at Department of Ecology sponsored grantee coordination
meetings.
Outreach to adjacent jurisdictions to address transitions of shoreline
areas.
Contact with other jurisdictions / agencies for inventory / restoration plan
data / information sharing including King County. Once King County
determines what information may be pertinent for these planning
purposes, the City of Auburn will work with King County to determine the
information's worth. This coordination may result in similar inventory and
analysis approaches, development of compatible shoreline policies and
regulations, and coordinated public outreach and involvement.
Page 2 of 14
SMA Grant Agreement No. G060103 between the
Washington State Department of Ecology and the
City of Auburn
Timing is essential in this effort as the City of Auburn has an established
timeline in order to complete the update process. Auburn will utilize King
County's information to the greatest extent possible, but cannot jeopardize
this funding opportunity waiting on information.
Deliverables: Quarterly progress reports identifying progress by task and payment requests
reflecting task accomplishments including documentation of contacts.
Due Dates: October 20, 2005; January 20, April 20, July 20, and October 20, 2006; and
Final Report due January 20, 2007.
Task 2: Public Participation Process
The City shall inform and involve the public in updating the shoreline master
program during the update effort consistent with the Shoreline Management
Act (see RCW 90.58.130) and Parts I and II of WAC 173-26.
The City will prepare a public participation plan that identifies specific
objectives; key parties and establishes timelines for public participation
activities.
Deliverable: Email electronic file of public participation plan to Ecology project officer.
Date Due: November 15, 2005
Task 3: Inventory and Map Shoreline Conditions
The City shall compile pertinent and reasonably available data, plans, studies,
inventories, and other applicable information and evaluate existing reports,
information, aerial photos and GIS data. Working inventory maps at the
appropriate scale for analysis (i.e. coarser resolution maps for adjacent
lands/contributing drainage assessment, and finer resolution for the shoreline
jurisdiction characterization) will be created.
The City will collect the following information to the extent that such
information is relevant and reasonably obtainable:
SMA shorelines (all marine shorelines, streams greater than 20 cfs,
lakes greater than 20 acres, and any associated wetlands) contained
within the city's jurisdiction.
General location of channel migration zone, floodplains, and the
floodway.
Shoreline and adjacent land use patterns and transportation and utility
facilities, including the extent of existing structures, impervious surfaces,
vegetation and shoreline modifications in shoreline jurisdiction.
Page 3 of 14
SMA Grant Agreement No. G060103 between the
Washington State Department of Ecology and the
City of Auburn
• Critical areas, including wetlands, aquifer recharge areas, fish and
wildlife conservation areas, geologically hazardous areas, frequently
flooded areas as defined in RCW 36.70A, the Growth Management Act.
• Degraded areas and sites with potential for ecological restoration.
• Areas of special interest, such as priority habitats, rapidly developing
waterfronts, previously identified toxic or hazardous material clean-up
sites, or eroding shorelines.
• Existing and potential shoreline public access sites, including public
rights-of-way and utility corridors. The inventory will include, as available,
descriptions of recorded public access easements, their prescribed use,
maintenance and terms.
• General location of channel migration zones and floodplains.
• Historical aerial photographs documenting past conditions to assist in
preparing an analysis of cumulative impacts of development.
• Known archaeological and historic resources in shoreline jurisdiction
• Policies and regulations in shore land and adjacent areas that affect
shorelines, such as surface water management and land use regulations
(Critical Areas Ordinance, Flood ordinance, etc.)
Deliverables: E-mail draft list of inventory data sources to Ecology Project Officer for review
and comment. Submit digital working maps of inventory information
displayed at appropriate scale.
Due Date: May 1, 2006
Task 4: Shoreline Issues of Concern Analysis
Shoreline issues of concern, consistent with the State Shoreline Master
Program guidelines (chapter 173-26-201(3)(d)) WAC), will be analyzed and
addressed in a report, with referenced maps. This analysis will also consider
cumulative impacts (see Task 9), and identify measures to insure internal and
external consistency, as follows:
4.1: Characterization: The City will prepare a coarse analysis (characterization)
of shoreline ecosystem processes influencing the area subject to shoreline
jurisdiction including:
• Description of ecological processes in the drainage basin linked to the
shoreline through hydrologic flows;
Presentation of basic geographic context (geology, soils, vegetation and
drainage patterns) and a description of how it is relevant to the shoreline;
• Note location of major land uses, if any (e.g. dams, mining railroads);
• Note location and nature of known pertinent regulatory activities (e.g.
(ESA listings, TMDL, contaminated sites); and
• Identification of opportunities for protection/restoration of upland and
adjacent areas essential for maintaining shoreline form and function.
4.2: Characterize shoreline functions: Separating the shoreline into reaches
based on land use and ecological processes, this more detailed
characterization analysis will:
Page 4 of 14
SMA Grant Agreement No. G060103 between the
Washington State Department of Ecology and the
City of Auburn
• Describe the physical, biological and land use components associated
with each shoreline reach within shoreline jurisdiction;
• Evaluate and assess shoreline ecological functions based on current
scientific understanding of the relationship between the conditions of
ecosystem-wide processes and conditions within shoreline jurisdiction;
4.3: Identify opportunities for protection, restoration, public access and
shoreline use.
• Identify potential opportunities and possible impediments to the protection
and restoration of ecological functions;
• Identify current public access and opportunities for future access sites;
• Identify opportunities for appropriate shoreline uses.
4.4: Shoreline use analysis including:
• Estimation of future demand for shoreline space;
• Identification of potential use conflicts based on current use patterns and
projected trends.
Deliverables: Draft shoreline issues of concern report(s) addressing the four items identified
above in Tasks 4.1 through 4.4.
Due Date: June 30, 2006
Task 5: Prepare Analysis Report / Map Portfolio
The City will prepare a report and map portfolio that analyzes the information
and data collected in Task 4 as it relates to development of the Shoreline
Master Program. The report will describe the primary physical and biological
processes affecting adjacent lands and shoreline ecosystem function. It will
also delineate boundaries and map the land and water area contained within
SMA jurisdiction - identifying the preliminary extent of SMA shorelines within
the city's jurisdiction, addressing both the required minimum SMA jurisdiction
areas and any optional (floodplain and critical area buffer) SMA jurisdiction
areas for consideration and decision-making later in the SMP update process.
The report will present findings and recommendations in a way that is useful
for making planning decisions. More detailed information on shoreline
reaches will identify opportunities and constraints in:
1) Protecting and restoring ecological function;
2) Addressing the special requirements of shorelines of statewide
significance;
3) Providing public access; and,
4) Accommodating appropriate water-oriented uses.
Page 5 of 14
SMA Grant Agreement No. G060103 between the
Washington State Department of Ecology and the
City of Auburn
This report will provide a foundation for establishing environment
designations. The report should identify data gaps, focusing on information
that would be useful to support plan development and implementation.
Maps at appropriate viewing scales will be prepared to illustrate findings.
Potential areas for shoreline use, public access, restoration and/or protection
will be indicated. The portfolio will list and map public access to shorelines.
Deliverable: Draft and final digital copies and three hard copies of final shoreline analysis
report and accompanying map portfolio.
Due Date: September 1, 2006
TASK 6: Restoration plan
Using information gathered from the inventory (Task 4) and findings from the
characterization of ecosystem wide processes and shoreline functions (Task
5), a restoration plan will be prepared that includes:
• Development of restoration goals and policies;
• Identification of potential and prioritized restoration sites;
• Identification of existing restoration projects and programs that will
contribute to the city's restoration goals;
• Identification of opportunities for shoreline protection, restoration, and
public access;
• Development of an implementation strategy identifying appropriate funding
sources, restoration project timelines and benchmarks.
Deliverable: Three hard copies and one digital copy of restoration plan and implementation
strategy.
Due Date: September 1, 2006
Task 7: Draft Shoreline Master Program
A draft shoreline master program (SMP) will be prepared consistent with the
Shoreline Management Act and Shoreline Master Program guidelines to
include:
• Mapped existing and proposed shoreline environment designations
together with their justification consistent with the guidelines;
• Shoreline goals and policies which will serve as the shoreline element of
the Auburn Comprehensive Plan;
• Development regulations. The shoreline development regulations shall
identify shoreline uses and related standards applicable to the City's
shorelines.
• Administrative provisions setting forth city shoreline permit and
enforcement procedures.
Page 6of14
SMA Grant Agreement No. G060103 between the
Washington State Department of Ecology and the
City of Auburn
The organizational format of the draft shoreline master program, as it relates
to the City's existing comprehensive plan and development regulations, will be
determined as part of this process.
Deliverable: Three (3) hard copies and one electronic copy of the draft SMP including
maps identifying shoreline environment designations.
Due Date: November 30, 2006
Task 8: Address cumulative impacts
Evaluate cumulative impacts as an ongoing part of the development of
proposed policies, environment designations and related shoreline
regulations. This includes evaluating the incremental impacts of proposed
policies, designations and regulations on shoreline ecological functions as well
as on other functions and uses of the shoreline consistent with the Shoreline
Management Act (water-oriented uses, public access, etc).
Deliverable: Three (3) hard copies and one electronic copy: Report on results of analysis,
including supporting maps and/or graphics.
Due Date: December 15, 2006
Task 9: Adoption of Final SMP
The City shall conduct a review and adoption process for the final draft SMP
as provided in the SMA, WAC 173-26, and the State Environmental Policy
Act. The SMP shall contain shoreline goals, policies, regulations, environment
designations, required administrative provisions and clear definition of final
SMP jurisdiction boundaries.
The recipient shall complete public review and the adoption process for the
SMP amendment, and adoption by local elected body.
Deliverables: Three hard copies and one digital copy (Microsoft Word format) of the adopted
SMP including maps and diagrams, and any relevant supporting
documentation.
Due Date: June 30, 2007.
balance of page left blank intentionally
Page 7 of 14
SMA Grant Agreement No. G060103 between the
Washington State Department of Ecology and the
City of Auburn
Deliverables (to Ecology)
All products, reports, and payment requests shall be sent to the attention of:
Sandra Lange, Project Officer
Department of Ecology, Northwest Regional Office
Shorelands and Environmental Assistance Program
3190 - 160th Ave. SE
Bellevue, WA 98008-5452
Budget
Very Important Note: Due to state law, all state funds that are disbursed to local governments
under these grants are appropriated in the state budget on an annual basis within the 2-year project.
Funds appropriated for the first year of the grant will need to be spent on eligible activities by the end
of the fiscal year (June 30, 2006). Local governments are not allowed to carry unexpended funds
past that date. We are aware that state and local fiscal years are not on the same schedule;
however, state law requires strict adherence to the state fiscal year for state contracts.
Expenditure Budget: (for Recipient reporting and Ecology tracking purposes):
Maximum Eligible Grant Share, Year 1: $85,000
Maximum Eligible Grant Share, Year 2: $65,000
Total Eligible Project Cost: $150,000
Deviations from the line-item budget are allowed, but in no circumstances may the Recipient exceed
the total project cost. If deviations exceed 10% within any task, the Ecology Project Officer may
require a budget amendment to redistribute costs among tasks. When submitting invoices to
Ecology, the Recipient shall itemize all costs by task and provide subtotals by task on Ecology's
Form C2, Voucher Support Form. All payment requests must have forms A, B, C (and D if
applicable) and receive Ecology Project Officer approval before any payment can be released.
*Indirect Rate. The indirect rate shall not exceed 25% of Ecology paid direct staff labor and benefit
costs. This rate covers space utilities, miscellaneous copying, telephone, motor pool, janitorial
services, records storage, rental, county fiscal and legal services, etc. Items not included in this list
shall be reported with the first payment request and shall remain consistent for the life of the grant.
Each quarterly payment request shall be accompanied by a commensurate progress report
available online at http://www.ecy.wa.gov/programs/sea/grants/smp/forms.html.
The DEPARTMENT's source of funds is provisoed by (Budget Bill ESSB 6090) to implement
shoreline management.
Page 8 of 14
SMA Grant Agreement No. G060103 between the
Washington State Department of Ecology and the
City of Auburn
Expenditure Reporting: The Recipient will organize all invoices by task expenditures as
follows:
Budget - Year 1
Task 1 Task 2 Task 3 Task 4: Task 5 Task 6 Task 7 Task 8 Task 9 TOTAL
Salaries /
Benefits
Consultant
Services 45,000 40,000 85,000
Goods and
Services
Travel
Indirect
TOTAL 45,000 40,000 $85,000
Budget - Year 2
Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Task 9 TOTAL
Salaries /
Benefits
Consultant
Services 15,000 15,000 25,000 10,000 65,000
Goods and
Services
Travel
Indirect
TOTAL 15,000 15,000 25,000 10,000 $65,000
Balance of page left blank intentionally
Page 9of14
SMA Grant Agreement No. G060103 between the
Washington State Department of Ecology and the
City of Auburn
Special Terms & Conditions for SMP Grants
1. Administrative Guidelines. The RECIPIENT shall comply with the DEPARTMENT's
current edition of "Administrative Requirements for Ecology Grants and Loans", publication
number 91-18. The RECIPIENT shall be responsible for maintaining appropriate financial
records throughout the life of the project and in accordance with these guidelines.
2. Reimbursement: Grants are awarded on a reimbursable basis. The RECIPIENT initially
pays project costs in full. Upon presentation of a billing to the DEPARTMENT, the
DEPARTMENT's share of the project is reimbursed to the RECIPIENT.
Requests for Reimbursement. Requests for reimbursement shall be submitted at least
quarterly but not more than once per month by the RECIPIENT on state invoice voucher
forms. Payment requests are to include at a minimum Form A19-1A "Invoice Voucher",
Form B, "Running Budget Summary", Form C: Voucher Support" and Form D "Contractor
Participation Report" (if applicable). All requests for payment are to be accompanied by a
commensurate progress report.
NOTE: Ecology forms are contained in the "Administrative Guidelines for Ecology Grants
and Loans" and must be used for payment requests. Otherwise requests will be returned to
the RECIPIENT for submittal on the correct forms. Electronic copies of these forms and the
"Administrative Requirements for Ecology Grants and Loans" ("Yellow Book") are available at
Ecology's websites:
¦ Forms - http://www.ecy.wa.gov/biblio/9118A.htmi
¦ Yellow Book - http://www.ecy.wa.gov/biblio/9118.htmi
Back-up Documentation. Complete backup documents (including but not limited to all
invoiced costs, time sheets [signed and dated by both employee and supervisor], etc.) must
be maintained by the RECIPIENT. These expenses shall be kept in grant files according to
budget task for a period of three years after project completion and made available at any
time for inspection by the DEPARTMENT.
Right to Audit: The RECIPIENT agrees that payment(s) made under this grant shall be
subject to reduction for amount charged thereto which are found after audit examination not
to constitute allowable costs under this grant. The RECIPIENT shall refund by check
payable to the DEPARTMENT the amount of such reduction of payments under completed
or terminated grants.
4. Progress Reports. The RECIPIENT shall prepare and submit quarterly progress reports to
the DEPARTMENT. Reports shall be submitted no later than 20 calendar days after the end
of the reporting period.
Page 10 of 14
SMA Grant Agreement No. G060103 between the
Washington State Department of Ecology and the
City of Auburn
'grs_Rgpgr fag Period Date Due
2005-2006
First Quarter July 1 - September 30 October 20, 2005
Second Quarter October 1 - December 31 January 20, 2006
Third Quarter January 1 - March 31 April 20, 2006
Fourth Quarter April 1 - June 30 July 20, 2006
2006-2007
First Quarter July 1 - September 30 October 20, 2006
Second Quarter October 1 - December 31 January 20, 2007
Third Quarter January 1 - March 31 April 20, 2007
Fourth Quarter April 1 - June 30 July 20, 2007
5
A progress report form is available on line at:
http://www.ecy.wa.gov/programs/sea/grants/smp/forms.htmi and includes:
Report Contents: Quarterly reports should be concise and should include the following:
- Comparison of actual accomplishments by task to the objectives established for the
reporting period
- List deliverables due to Ecology by date of this progress report and their status.
- Status of project schedule
- Budget status
- Personnel changes
- Any difficulties encountered during the quarter
Project Completion Report: The purpose of this report is to document that the project
and each of its tasks has been completed. The project completion report is to be submitted
with the final invoice and must contain a brief (200-300 words) description of the work
accomplished under the grant by task.
County or City Name
Grant No. G0600_
Project Title
Task Title
Task Number
Date
6. Identification of Project Materials - All reports, maps, and
other documents published as part of this grant agreement shall
carry the name of the RECIPIENT, Ecology's grant number (in the
upper right hand corner), title, the specific task number of the
product and date centered on the front cover or title page (or in
the case of maps, the block which contains the name of the
Government unit or Department) and acknowledgment of the
source of funding as follows:
7. Quality Assurance / Quality Control (QA/QC) Plan. IF this project involves the collection
of environmental measurement data, the RECIPIENT needs to prepare a QA/QC plan to
ensure the consistent application of quality assurance principles to the planning and
execution of all activities involved in generating this data. The plan shall be conducted in
accordance with the DEPARTMENT's Guidelines and Specifications for Preparing Quality
Assurance Project Plans for Environmental Studies, current edition, (Ecology Publication No.
91-16). The plan must describe the monitoring and data quality objectives, procedures, and
methodologies which will be used to ensure that all environmental data generated will meet
these requirements. The size and complexity of the plan should be cost effective and in
proportion to the magnitude of the sampling effort. The RECIPIENT may also reference
Page 11 of 14
SMA Grant Agreement No. G060103 between the
Washington State Department of Ecology and the
City of Auburn
a. Name and state OMWBE certification number of any qualified firm receiving funds
under the voucher, including any sub-and/or sub-subcontractors.
b. The total dollar amount paid to qualified firms under this invoice.
10. Consistency: It is the responsibility of the Recipient to ensure that all sub-recipients and
contractors comply with the terms and conditions of the agreement and that the State of
Washington is named as an express third-party beneficiary of such subcontracts with full
rights as such.
11. Grant Closeout: All products for this project shall be submitted to the DEPARTMENT on
or before July 20, 2007 or otherwise specified in the Scope of Work. Completed end-of-
biennium estimate forms and final payment requests must be submitted in accordance with
notification provided by Ecology's Fiscal Office.
12. All Writings Contained Herein. This agreement, the appended "General Terms and
Conditions", and the DEPARTMENT'S current edition of "Administrative Requirements for
Ecology Grants and Loans", contains the entire understanding between the parties, and
there are no other understandings or representations except those set forth or incorporated
by reference herein. No subsequent modification(s) or amendment(s) of this agreement shall
be of any force or effect unless in writing, signed by authorized representatives of the
RECIPIENT and DEPARTMENT, and made a part of this agreement.
IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement
State of Washington
Department of Ecology
Gordon White
Program Manager
Shorelands and Environmental
Assistance Program
Approved as to form only by
the Assistant Attorney General
Date
City of Aubu
---- V 2 12005
Si nature, Authorized Official Date
Print Name of Authorized Official
R.4yo r
Title of Authorized Official
Federal Identification Number: 91-6001225
Page 14 of 14
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT
and RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others
unless specifically authorized in writing by the DEPARTMENT.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to
this agreement, the state of Washington is named as an express third-party beneficiary of such
subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. RECIPIENT shall
retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned
by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws,
orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary
approvals and permits required by authorities having jurisdiction over the project, provide assurance to
the DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees
to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the
maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of grant/loan
funds available to women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect wages and job
safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT
shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in this project to give up any part of the compensation to which he/she is otherwise entitled or,
receive any fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this
agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or
object.
All grant/loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by
any duly authorized audit representative of the State of Washington for a period of at least three years
after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make
adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made
available to the DEPARTMENT and to any authorized state, federal or local representative for inspection
at any time during the course of this agreement and for at least three years following grant/loan
termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local
Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133,
if the RECIPIENT expends $300,000 or more in a year in Federal funds. The $300,000 threshold for
each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a
copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the
DEPARTMENT within ninety (90) days of the date of the audit report.
1. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request
or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing
to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability
to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the
action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation.
Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30,
July 1 through September 30, and October 1 through December 31. Reports shall be due within twenty
(20) days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as
specified in the grant agreement and no more often than once per month. Each request for payment will
be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along
with documentation of the expenses. Payments shall be made for each task/phase of the project, or
portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and certified as
satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable costs by
major elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the
DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests
are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project
Officer assigned to administer this agreement.
2. Budget deviation. Deviations in budget amounts are not allowed without written
amendment(s) to this agreement. Payment requests will be disallowed when the RECIPIENT's request for
reimbursement exceeds the State maximum share amount for that element, as described in the Scope of
Work.
3. Period of Compensation. Payments shall only be made for action of the RECIPIENT
pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration
date of this agreement, unless those dates are specifically modified in writing as provided herein.
4. Final Request(s) for Payment. The RECIPIENT must submit final requests for
compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15)
days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
2
5. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten
percent (10%) of each reimbursement payment as security for the RECIPIENT's performance and a
financial bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the
project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole
discretion, such payment is reasonable and approved according to this agreement and, as appropriate,
upon completion of an audit as specified under section J.6. herein.
6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final
audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be
refunded to the DEPARTMENT by the RECIPIENT.
7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state
employees.
8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided
for in the Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event
the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required
of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or
terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under
this agreement, at the option of the DEPARTMENT, shall become Department property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of
any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the
purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the
RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent
on the availability of state and federal funds through legislative appropriation and state allotment. When
this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the
appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be
good cause to terminate this agreement as provided in paragraph K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation
of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in
accordance with Section O herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the
project funded herein within four months after the effective date of this agreement, or by any date
mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to
terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach
of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as
a modification of the terms of this agreement unless stated as such in writing by the authorized
representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or
invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover
or otherwise use the material(s) or property and to authorize others to use the same for federal, state or
local government purposes.
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C.
200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs,
brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and
personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence
of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with
respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to
the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or
damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by
setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this
agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT
shall establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire
title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may
include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that
the land is free from any impediment, lien, or claim which would impair the uses contemplated by this
agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed
pursuant to this agreement to uses other than those for which assistance was originally approved without
prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the
DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance
which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction
costs of such property.
N. RECYCLED/RECYCLABLE PAPER
All documents and materials published under this agreement shall be produced on recycled
paper containing the highest level of post consumer and recycled content that is available. At a minimum,
paper with 10 percent post consumer content and 50 percent recycled content shall be used. Whenever
possible, all materials shall be published on paper that is unbleached or has not been treated with
chlorine gas and/or hypochlorite.
As appropriate, all materials shall be published on both sides of the paper and shall minimize the
use of glossy or colored paper and other items which reduce the recyclability of the document.
0. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent
upon satisfactory performance of this agreement including the satisfactory completion of the project
described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations
required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required
4
to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the
project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12%) per annum from the time the
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated
to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired
under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property
and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of
such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer
or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is
a dispute with regard to the extent and character of the work to be done, the determination of the Project
Officer or other designated official as to the extent and character of the work to be done shall govern.
The RECIPIENT shall have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising
under this agreement which is not disposed of in writing shall be decided by the Project Officer or other
designated official who shall provide a written statement of decision to the RECIPIENT. The decision of
the Project Officer or other designated official shall be final and conclusive unless, within thirty days from
the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the
opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or
duly authorized representative for the determination of such appeals shall be final and conclusive.
Appeals from the Director's determination shall be brought in the Superior Court of Thurston County.
Review of the decision of the Director will not be sought before either the Pollution Control Hearings
Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT
shall proceed diligently with the performance of this agreement and in accordance with the decision
rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any
decision which affects his/her personal interest or the interest of any corporation, partnership or
association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or
pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided in the Scope
of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party
shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons
or property arising from the negligent act or omission of that party or that party's agents or employees
arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be
given effect without the invalid provision, and to this end the provisions of this agreement are declared to
be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and
State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms
incorporated herein by reference including the "Administrative Requirements for Ecology Grants and
Loans"; and (e) the General Terms and Conditions.
SS-010 Rev. 05/02
6
•.. Sworn Statement of Compliance*
with
WASHIN6i0N SiAIE Minority- and Woman-owned
EE c"o' LE0 G 6Y Business Utilization Requirements
Recipient CITY OF AUBURN
Grant Number 60600103
*NOTE: MWBE goals are voluntary. No contracting decision should be made based
on whether or not the goals are achieved.
The following affirmative steps in awarding contracts and subcontracts will be taken:
1. Include qualified minority and women's business on solicitation lists;
2. Insure that qualified minority and women's businesses are solicited whenever
they are potential sources of services or supplies;
3. Divide the total requirements, when economically feasible into smaller tasks or
quantities to permit maximum participation by qualified minority, and women's
business;
4. Establish delivery schedules, where requirements of the work permit, which will
encourage participation of qualified minority and women's business; and
5. Use the services and assistance of the state Office of Minority and Woman
Owned-Business, and the Office of Minori ess Enter rises of the U.S.
Department of Commerce as appropriate.
1/22/05
Aut orized SMayor
Title
State of
County of }ss
Subscribed and sworn to before me this ?day of ???,° woe
NOTARY PUBLIC in and for the State of GOlq
residing in 11,11elt aej
My co
lot
si •9
o + `?y
07 0
p '• •. .
Id - L?;_ v`7
of notary 7?) a: e /A_ C Da-,t-d
Amendment 2 to SMA Grant G0600103
between the
State of Washington Department of Ecology and the
CITY OF AUBURN
Project: Shoreline Master Program Update
Purpose: This grant is amended to adjust fiscal year funding levels, add scope revisions to
Tasks 2, 7 and 9; and extend the period of performance to accommodate the
review, adoption and approval processes for completion of the Shoreline Master
Program by June 30, 2009.
IT IS MUTUALLY AGREED THAT THIS GRANT IS AMENDED AS FOLLOWS:
1. This amendment is effective on July 1, 2006.
2. The period of performance is extended to June 30, 2009.
3. The scope of work is augmented as follows, funded by $28,500 in new FY09 funds:
Task 2.1 - Public Participation Process - $5,000
The City has conducted a number of public participation activities for the SMP update,
however the majority of these activities occurred over a year (or more) ago. As the City
moves toward completion of the SMP update, informational materials (i.e. handouts,
information for city website, articles of city newsletter, and other printed materials) will be
developed to meet the City's SMP Public Participation Plan objectives of helping interested
individuals and groups understand the new SMP requirements and how the update relates
to changes in the City's Shoreline regulations.
Task 7.1 - Draft Shoreline Master Program - $15,500
A revised draft of the updated SMP was submitted to Ecology for review in May 2008.
Ecology's review of the revised draft is still in progress, however based on conversations
with the Ecology reviewer, the City expects that there may be additional Ecology review
comments that will necessitate further revision of the SMP. Upon receiving any additional
review comments from Ecology, the city will revise the SMP as appropriate to address the
review comments.
Page 1 of 3
Amendment 2 to Ecology Grant G0600103 between the
Washington State Department of Ecology and the
City of Auburn
Task 9.1 -Adoption of Final SMP -$8,000
On June 2, 2008, the City approved the updated SMP subject to receiving approval from the
Dept. of Ecology. Based on conversations with the Ecology reviewer, the City expects that
there may be additional Ecology review comments that will necessitate further revision of the
updated SMP. Upon revision of the SMP to address additional Ecology comments, the City
will need to conduct a public review and adoption process of the final draft of the updated
SMP.
4. In accordance with the original agreement and Amendment 1, the overall budget is hereby
revised as follows:
• The state share for Fiscal Year 2 is reduced by 57,840.78 from $50,301.78 to
$42,461.00 as funds unused by 6/30/07 reverted to source.
• The state share for Fiscal Year 3 is reduced by S33,641.62 from $49,000.00 to
$15,358.38 as funds unused by 6/30/2008 reverted to source.
• The stale share for Fiscal Year 4 is increased by $28,500.00 from zero to
$28,500.00.
• The net total project cost is reduced by $12,982.40 from $150,000 to
$137,017.60
Therefore, maximum allocations by State Fiscal Year are as follows and as further
detailed on page 2:
Fiscal Year 1 (ending June 30, 2006): S50,698.22
Fiscal Year 2 (ending June 30, 2007): $42,461.00
Fiscal Year 3 (ending June 30, 2008): $15,358.38
Fiscal Year 4 (ending Feb. 17, 2009): $28.500.00.
Total Eligible Project Cost: $137,017.60
Amended Bud et Total Project
FY 05.06 FY 06.07 KY Of$ =
Task Year 1 Year 2 Year 3 ;
1. Coordination $0.00 $0.00 Q 0.00
2. Public Participation Process $0.00 $0.00 ~0, 0.00
3. Inventory / Ma Shorelines $12,586.41 $308.78 ,0 12,895.19
4. Shoreline Analysis $15.835.08 $711.55 ~ 0 16,546.63
5. Analysis R pt / Ma Portfolio $22152.96 $48.78 0 22,201.74
6. Restoration Plan 0 $10.031.20 10,031.20
7. Draft SMP 0 $24,706.34 0 24,706.34
8. Cumulative Impacts 0 $3.415.62 0 3,415.62
9. Adoption of Final SMP 0 $3,021.70 0 3,021.70
Subtask A-Revise Products 3-8 0 0 28,202.33
Subtask B-Ado tion Process 1,2.9 0 0 G;161ia)5: 1_5_,656.05
10. Direct $123.77 $217.031 340.80
Subtotal $50,698.22 $42,461.00 ? 1;358:3$ $137,017.60
Page 2 of 3
Amendment 2 to Ecology Grant G0600103 between the
Washington State Department of Ecology and the
City of Auburn
Except as expressly provided by this amendment, all other terms and conditions of the
original agreement including any amendments thereto remain in full force and effect.
I WITNESS WHEREOF, the parties hereby execute this amendment.
State of Washington
Department of Ecology
'q /I
6A) AJ Gordon White Date
v%4, ' r Program Manager
Shorelands and Environmental
Assistance Program
Approved as to form
Assistant Attorney General
Ci bur
UG 5 2008
Siign ture, uthorized Official Date
Print Name of Authorized Official
M'+yv?C-
Title, Authorized Official
Page 3 of 3