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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No.9681 have been superseded by three Watershed Forum funding groups, whose members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
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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
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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.
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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-
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Approved as to Form: Approved as to Form:
DISTRICT LEGAL COUNSEL:
BY~ c-j~_ By
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Name ((,(,- C. FrIW\OtJ t_ Name
Date L./J ,,/oS Date
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Exhibit A
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. 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
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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
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^ 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".
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