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HomeMy WebLinkAboutKing Conservation District . Cop~ 2vpz. - - . 65. \ I z.. , 1 .. AGREEMENT FOR AWARD fs.~ OF NONCOMPETITIVE 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, W A 98055 (referred to herein as "District"), and the City of Auburn, a municipal corporation in King County, Washington, located at 25 West Main, Auburn Washington 98001 (referred to herein as "Recipient"), for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW. The District engages in and provides certain conservation activities that are authorized and described in RCW 89.08.220; and 1.2 Whereas, on December 15,2000, the Metropolitan King County Council enacted King County Ordinance No. 14016 which, among other things, provides for the distribution of noncompetitive grant funds from a portion of the special assessments imposed by King County Ordinance No. 14016 and collected by the District pursuant to Chapter 89.08 RC\V; and 1.3 Whereas, on November 19, 1998, the District adopted Resolution No. 98-20 relating to the policy and procedures governing the District's award of any noncompetitive grants authorized by King County; and 1.4 Whereas, King County's Regional Water Quality Committee which was formed for the purpose of addressing and responding to regional environmental needs has l:lstablished regional funding principles to be considered during the process of awarding noncompetitive grants; and 1.5 Whereas, certain Watershed Forums (i.e., Lake Washington/Cedar River, GreenlDuwamish River, Sammamish River, Snoqualmie River and Central Puget Sound) were established by King County Council Motion No. 9681 and through the voluntary association of agencies and entities situated within a particular watershed basin or area for the pwpose of addressing and responding to environmental needs within their respective watershed basins and in the region by cooperative efforts 1.6 Whereas, the five Watershed Forums established by King County Council Motion No.9681 have been superseded by three Watershed Forum funding groups, whose members consist of representatives of jurisdictions that are located within or have a major interest in the management areas of Water Resources Inventory Areas (WRIA) 7,8 and 9, as refelTed to in King County Ordinance No. 14016; and - 1 - - -- - ~-------'---"'''<-'_..---_.._.~-~- ____.___.....___m._ _ ___.__ . . , 1.7 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW and the District's policy and procedures for awarding noncompetitive grants; and 1.8 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 noncompetitive grant to Recipient. SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Thirty-two thousand Dollars ($32,000) from 2003 Assessments. 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 as follows: Grant funds from 2003 Assessments shall be paid by District to Recipient within five (5) business days after District's receipt of a fully executed Agreement. 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 ofthe 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 and/or remain after completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be l:lxpended 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 ofthe 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 w(:re encountered during the work, along with general recommendations regarding ways to avoid such obstacles or - 2- -.---.--------- _o<-_________~____.______~_...__~___,___..__ I I challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting prineipals and to meet the requirements of all applicable state and federal laws. 2.7 Recipient shall be required to track project expenses using the Budge:t 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 safeguard.s 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 that in the event a court of competent jurisdiction finds that the imposition or collection of the special assessments authorized by King County OrdiIllance No. 14016 are unlawful and orders the repayment of such assessments, Recipient agrees to reimburse the District for the full amount of the grant award, including any interest which may be awarded by the court. 2.12 Recipient agrees to indemnify, defend and hold harmless the District, its agents, officers, officials and employees from all claims, alleged liability, damages, losses to or death of person or damage to property allegedly resulting from the acts of the Recipient or any of its employ~es, agents, contractors or subcontractors in connection with this Agreement. 2.13 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 - -- - -- -----.-..-.-- -.--- r 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 ofthe parties and attached to this Agreement. 3.4 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. 3.5 Expenditure of grant funds shall be subject to appropriation by the Metropolitan King County Council. DISTRICT: RECIPIENT: By h&uT)?tdt.uJ BY~ ~. tJ~ Name ~y. /0 /9/11} ( <LJ Name ~fDN C. Pt1 Title ~~. Title -P f/r'ff;IJ MJ..J-p.,( Ceutplf:~ n1~ Da~ ~ ~O()~ Date OS /01/P,S- , I Approved as to Form: Approved as to Form: DISTRICT LEGAL COUNSEL: BY~ c-j~_ By -- Name ((,(,- C. FrIW\OtJ t_ Name Date L./J ,,/oS Date , - 4- --"-'~-"-----."_.-. ._._"....__._._--_.._._.~- -"--'--"-" I I Exhibit A . - ---.' - -- --'--'-'-~'--'~-"-""'--"_.""----'--'~'~""--'._'----.- -"-'-"-'.~ . King Conservation District . 1 I Municipality Noncompetitive Grant Application Contact: Aaron Nix Title: Environmental Protection Mana er Address: 25 West Main Auburn, W A 98001 1. Brief Project Description (- 200 words): The Olson Creek Habitat Restoration project will include habitat restoration within and adjacent to Olson Creek (a Green River tributary). The project will be completed in two phases. Phase 1 will include completing the construction documents and specifications for the instream work, non-native plant removal, planting of native plant material and installation of bank stabilization. A contractor will be hired to eradicate non-native plants near the creek (primarily blackberries) and native plants will be plantE~d using volunteer labor from the community. A contractor will install bank stabilization where the bank is being undercut, upstream of the Green River Road culvert. Phase 2 will include hiring a contractor to install habitat structure (large woody debris, large rocks, etc.) within an approximately % mile portion of the creek. Phase 2 will be done in partnership with, and contingent upon funding by the Army Corps of Engineers. Olson Creek provides spawning habitat for Coho and Chum salmon and important summer rearing and refuge/over wintering habitat for juvenile Chinook salmon. This project is located within the historic Mary Olson Farm, which is owned by thl~ City of Auburn and managed by the White River Museum. The project site is a registered National Historic Site; therefore project design will consider historic landscape conditions. 2. Project Objectives (Citing specific paragraphs and subtexts, provide a brief description of how the project meets one RCW 89.08 criteria and one KCD Strategic Plan Initiative (:riteria outlined in the Policy and Procedure Overview): The Olson Creek Habitat Restoration project will meet the King Conservation District's activities / purposes related to carrying "out preventative and control measures and works of improvement for the conservation of renewable natural resources" ~s identified in the KinQ Conservation District Policy and Procedure for the Award of Municipal and Watershed Noncompetitive Grants From the District's Special Assessment (Policy and Procedure 3. a) iii)). Specifically, this project will "conserve soil resources and control and prevent soil erosion and prevent flood water and sediment damages" in accordance with RCW 89.08.010(3) by stabilizing the creek channel through placement ~__.-u..~ -~--,---- _..,-_._----~----~ King Conservation District 2 . Municipality Noncompetitive Grant Application of large woody debris and by reestablishing the native plant community along the banks of the creek. This project will meet the King Conservation District's Strategic Plan Initiative related to "Promoting Natural Habitat Protection and Restoration" as identified in the KinQ Conservation District Policy and Procedure for the Award of Municipal and Watershed Noncompetitive Grants From the District's Special Assessment (Policy and Procedure 3. b) b)) by helping to "protect and restore" Olson Creek and its associated riparian habitat by providing "slope stabilization and stream bank erosion control, and help to protect and conserve water resources". This work will be done by placing large woody debris to stabilize the creek channel and provide cover for aquatic life while~ promoting natural processes that will scour pools, creating a varied environment compared to the almost continuous riffle that is currently present. Non-native plants will be removed and replaced with native plants that will provide shade, habitat and future woody I organic debris for the creek, and which will stabilize the creek corridor. The Olson Creek Habitat Restoration project is also consistent with the Revised Regional Task Force (RTF) Funding Principles. Specifically, principles 1. al) protection of key parcels of land for fish habitat along with restoration which is necessary to allow the stream habitat to function, and 1. b) habitat restoration which enhances ecologically significant fish runs. 3. Project Activities and Measurable Results: Activity Measurable result Phase 1 will include Plans and specification for project construction Bid documents compleited Bank stabilization (approx 50 ft) Stabilization completed Non-native plant removal Non-native plants removed Native plant installation Planting complete Phase 2 will include Obtain construction funding Funding secured Instream construction Construction completed Native planting of construction access areas Final planting completH ~-._- ~ -,^,..-,--- ^ King Conservation District 3 I I Municipality Noncompetitive Grant Application 4. Budget Expenses Budget Item KCD King Total Funds County WaterWorks grant Salaries and Benefits Travel/Meals/Mileage Office/Field Supplies Professional Services - 13,300 25,000 38,300 Design Contract Construction 13,500 19,500 33,000 Land Acquisition Permits Other (Plant materials) 5,200 5,500 10,700 TOTAL (Phase I) 32,000 50,000 82,000 5. Describe how KeD funding will be acknowledged over the duration of the projeet. King Conservation District will be acknowledged in all publications and signage as well as any press releases, public service announcements, posters, flyers, and electronic postings such as "home pages". ..-;..... 12--2,0- oi Date .__......,,_,___.~.__.._ ....A._._"^.._