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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 ------------------ 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 ------------------ 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. 1 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 2 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. 3 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. PRENTICE NURSERY GREEN - {DIVER REACH. NO SCALE - ?- _ 5CHLJ1?E:R RRQT HERS >r, T REACH M ?K•- MULLEN SL®UGH - r -L `. J- 1,. REACH .f ? Y4 L 5 277TH S 'z i Jl t_ > 37TH $T Nw _MERL INO R? 4CH - ??? ?- - 1E--TLAND 5K REACH i ,t q ,I- 1. -- - ?' 15TH ST?j - ! f T I - GOEDEKE - R_E,aC?#. ': ?KlAJ W-ST?~ : T ~ .77 -q- r7i 1; ILL U.S. ARMY ENGINEER DISTRICT, SEATTLE CORPS Of ENGINEERS SEATTLE,. WASH#<d TQN GREEN - DUWAMISN G.1. ECOSYSTEM RESTORATION FEAS181LITYSTUDY FIRGURE NO. I LOCATION MAP - MILL CREEK AND MULLEN SLOUGH SITES KING COUNTY WASHINGTON p XX-XK xx-xx 59NOV G ,:, o« WA,