HomeMy WebLinkAbout4181RESOLUTION NO.41 8 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS
FROM THE KING CONSERVATION DISTRICT GRANT PROGRAM TO
TAKE STEPS TO RESTORE BOTH SALMON AND OTHER CRITICAL
HABITAT WITHIN THE MILL CREEK CORRIDOR BY INITIATING THE
DESIGN AND PERMITTING PROCESS FOR PROJECTS, AND
AUHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH THE KING CONSERVATION DISTRICT #9
WHEREAS, the King Conservation District, a special purpose district
organized and existing under authority of Chapter 89.08 RCW which engages in
activities and programs to conserve natural resources, including soil and water,
which activities are declared to be of special benefit to land; and
WHEREAS, the City of Auburn's proposal to begin design and permitting
of work associated with the restoration of portions of Mill Creek meet the
guidelines associated this grant from the King Conservation District; and
WHEREAS, the King Conservation District has funds collected for its per
parcel assessments that are earmarked for conservation projects within the City
limits of Auburn; and
WHEREAS, the grant agreement will be executed and completed before
the end of fiscal year 2009 as stipulated in the Agreement for Award of King
Conservation District WRIA Forum Grant.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City hereby accepts the grant from the King
Conservation District in the amount of Twenty Thousand Dollars ($20,000). The
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Resolution No. 4181
May 15, 2007
Page 1
Mayor and City Clerk of the City of Auburn are authorized to execute the
necessary agreements with the King Conservation District for the reimbursement
of said funds.
Section 2. The City hereby reserves this money in order to meet its
matching requirements towards a design and permitting agreement being
negotiated with the Army Corps of Engineers, Seattle District at this time.
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
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Resolution No. 4181
May 15, 2007
Page 2
Peter B. Lewis, Mayor
ATTEST:
Danielle Daskam, City Clerk
. j
AGREEMENT FOR AWARD OF
KING CONSERVTION DISTRICT WRIA FORUM GRANT
Green-Duwamish-CPS Watershed Forum (WRIA 9)
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 98055
(referred to herein as "District"), and the City of Auburn, a municipal corporation in King
County, Washington, located at 25 W Main St., Auburn, WA (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, certain Watershed Forums were established by King County and
through the voluntary association of agencies and entities situated within the particular watershed
basins or areas (i.e., Snoqualmie Watershed Forum; Cedar/Lake Washington/Sammamish
Watershed Forum; Green/Duwamish/Central Puget Sound Watershed Forum) for the purpose of
addressing and responding to environmental needs within their respective watershed basins and
in the region by cooperative efforts; and
1.5 Whereas, the Watershed Forums include representatives of jurisdictions that are
located within or have a major interest in the management of Water Resources Inventory Areas
(WRIA) 7, 8 and 9; and
1.6 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, the
District's policies and procedures for awarding grants and the funding principles established by
King County's Regional Water Quality Committee; and
1.7 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.
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SECTION 2. AGREEMENT
2.1 The District agrees to award Recipient a grant in the total amount of twenty
thousand Dollars ($20,000). 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
standard procedures, provided that such funds have been collected and received by the District.
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 or remain after completion of the work 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 for 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 May 31 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
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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.
2.9 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 program 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.
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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.
DISTRICT:
By
Name
Title
Date
Approved as to Form:
DISTRICT LEGAL COUNSEL:
c
By C
Name r-rIYY\0jt
Date ?(? 17f U 7
RECI +
By
Name P'AY 1? • ? S
Title a? o °(
Date MAY 2 1 2007
Approved as to Form:
RECIPIENT'S A
By
Name
R NF.V
Date C 1 b ,?
4
Member Jurisdiction & WRIA Forum
King Conservation District Noncompetitive Grant Application
Project Title: Mill Creek Restoration Project
Applicant: City of Auburn Contact: Aaron Nix
Principal Partners (if any): Title: Environmental Protection Manager
U S Army Corps of Engineers
Washington State Department of
Transporation
Cascade Land Conservancy
Total Project Cost: Undetermined at this time Address: 25 W Main St.
Auburn, WA 98001
KCD Funding Requested: $20,000.00 Phone: 253.288.7432
Project Start Date: March 2007 Fax: 253.804.3114
Project End Date: March 2009 E-mail: anix@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: what pressing need will be addressed by the project or what promising opportunity
will be capitalized on? Who or what will benefit or be positively and negatively affected?
Mill Creek is a tributary to the Green/Duwamish River System. The creek originates on
Auburn "s West Hill near Federal Way. It runs through Peasley Canyon and flows north
along the Auburn Valley floor until it reaches the Green River in Kent.
This project proposes to begin design for four projects along Mill Creek in order to re-
establish a defined creek section throughout Mill Creek and into the Green River.
Decreased riparian cover has also resulted in increased water temperature and lower
dissolved oxygen levels. The lack of functioning riparian habitat and low dissolved
oxygen levels are major limiting factors to salmonid production in Mill Creek. Although
Mill Creek is severely degraded, it has significant potential to once again support the
varieties of anadromous fish that were once abundant here. Improving water quality
and quantity also will improve conditions at the mouth of Mill Creek for juvenile
Chinook salmon that rear in the Green River main stem.
The purpose of this grant request is to support the City of Auburn in the design and
permitting for four projects listed in the Ecosystem Restoration Plan developed in
collaboration with WRIA#9 and the Army Corps of Engineers. Mill Creek is listed in
the Green/ Duwamish Ecosystem Restoration Plan and includes four of 45 important
restoration projects intended to improve salmon and wildlife habitat along the
Green/Duwamish River and its principal tributaries. These projects include:
Me.niher Jurisdiction & W1ZIA Fortrrn GranL Appl€catiora Packet 0 February 12.2007' 0 Nige 1 of 6
2. Complete permitting and other Approved and completed December
studies needed in order to get permitting packages for these 2008
these projects ready for four projects
construction (both City and
Corps will handle these
res onsiblities
3. Construction once funds are Completed Projects December
secured to meet financial 2011
obligations associated with these
projects 35/65 City to Corp
match requirement in order to
construct these projects.
4.
5.
6.
7.
8.
9.
10.
The money obtained from this grant will help the City of Auburn meet its financial
obligations as match money, in cooperation with the Army Corps of Engineers, to enter
into a design agreement for 4 projects along Mill Creek. The end result will be
construction plans, drawings and completed permitting in order to move forward with
these -projects as money and resources present themselves.
4. Effectiveness (see page 2 of application instructions for definition) - describe how the
projectwill effectively implement the natural resource improvement measures identified in
question No. 2 above. Consider the following in your answer to this question: Why is the
primary applicant the best entity/ to deliver the proposed program/service/intervention? What is the
capacity of the primary applicant to deliver the proposed program/service/intervention? What tools,
services and partners will be brought to bear?
The City and its partners have done preliminary planning to restore Mill Creek from its
headwaters in Peasley Canyon and as it meanders through the City of Auburn. The
most effective strategy for this sort of a project is to begin upstream and work in phases
moving down stream.
Mill Creek is listed in the Green/Duwamish Ecosystem Restoration Project and the City
of Auburn's stream and wetland inventory as an important restoration opportunity for
the improvement of salmon and wildlife habitat within the Green/ Duwamish
watershed. The City of Auburn and the Army Corps of Engineers are best equipped to
move forward with this project as the City has made a commitment to restore Mill
Creek within its jurisdictional boundaries and the Army Corps is committed to bringing
federal money to help bring these projects to fruition. The Green/Duwamish
Ecosystem Restoration Project was authorized by Congress in 2000 and has received
Congressional appropriations since 2004 to fund construction of specific projects. KCD
funds jump-start local efforts to develop plans and obtain permits, allowing federal
`ie.mber :iirrisdiction & WRIA Foru' m Clrara Application Packet ? f ebruarv 12. 2()()1 « l'a?e 3 of 6
already obtained commitments from several service groups including the Rainer
Audubon, Green River Steelhead Trout Club and others. The City of Auburn has been
conducting on going water quality monitoring within Mill Creek and will continue
monitoring after completion of this project. Invasive plant species will be monitored
and controlled. Native plantings will be monitored for survival and the appropriate
replacements will be made. A maintence and monitoring plan will be developed and
submitted to the appropriate agencies for approval in order to meet their minimum
guidelines for these activities.
8. Project Budget & Expenses
Budget Item KCD Funds Other Funds Other Funds Total
Salaries and Benefits
Travel/ Meals/ Mileage
Office/ Field Supplies
Contracted/ Professional
Services $20,000.00 $230,000.00
(Estimate) $750,000.00
Estimate $1,000,000.00
Land Acquisition
Permits
Other (s pecffy
Other (s . ecifv
Other (specify)
TOTAL $20,000.00
(Design) $230,000.00
(Design
$80,000.00 &
Permitting
$150,000.00 $750,000.00
(Design) $1,000,000.00
The City of Auburn and Corps of Engineers are entering into a design agreement in order to
cost share what is needed in order complete design and permitting for this project. The cost
share is currently held at 25% City and 75% Corps. The KCD money will be utilized in
order to help the City of Auburn reach its match requirement and get the projects
designed/ permitted and ready for construction in 2009.
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).
King County Conservation District will be acknowledged as a funding source for this
project on all written materials for this project and associated restoration of Mill Creak;
on temporary construction and permanent signage at the restoration site, in the Auburn
Environmental Park Newsletter and on the City of Auburn's website. The King
Conservation District has been a tremendous partner with Auburn on past natural
resource projects.
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GREEN - DUWAMISN G.1. ECOSYSTEM
RESTORATION FEAS181LITYSTUDY
FIRGURE NO. I
LOCATION MAP - MILL CREEK AND
MULLEN SLOUGH SITES
KING COUNTY WASHINGTON
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