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HomeMy WebLinkAbout4490 RESOLUTION NO. 4 4 9 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING ACCEPTANCE OF A STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY, COASTAL PROTECTION GRANT IN THE AMOUNT OF $23,610 IN SUPPORT OF THE MARY OLSON FARM WHEREAS, Washington's Department of Ecology is charged with protection, preservation and enhancement of Washington's environment, and to support sustainable community and natural resources; and WHEREAS, Washington's Department of Ecology has notified the City of the award of a grant in the amount of $23,610; and WHEREAS, the Mary Olson Farm is a recognized natural resource by the City of Auburn, the State of Washington Inventory of Archaeological Resources, and the National Register of Historic Sites; and WHEREAS, the City of Auburn is a public agency with a unique property undergoing restoration and enhancement to make it into a living-history learning experience, especially for school age children in Auburn School District; and WHEREAS, the restoration and enhancement project is now in Phase III of a three-phase operation to bring the property back to its original historic condition; _ NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON, HEREBY RESOLVES THAT Section 1 The Mayor is authorized to enter into a contract with the State of Washington Department of Ecology to accept the Coastal Protection Grant funds. Section 2. Any funding assistance received shall be used for implementation of the project referenced above. Resolution 4490 May 20, 2009 Page 1 of 2 Section 3. This resolution shall take effect and be in full force upon passage and signatures hereon. SIGNED and DATED this /st day of June, 2009 CITY OF AUBURN PETE LEWIS, MA ATTEST Dan Ie E. Daskam, City Clerk A rMl Daniel B. Heid,� Atforney Resolution 4490 May 20, 2009 Page 2 of 2 Coastal Protection Grant No.00900243 Between Ecology and City of Auburn GRANT NO. G0900243 Between THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY And CITY OF AUBURN Project: Olson Creels Restoration 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 "ECOLOGY", and"City of Auburn",hereinafter referred to as the "RECIPIENT' The RECIPIENT agrees to carry out the activities described herein as authorized by the Coastal Protection Account. RECIPIENT Name: City of Auburn Address: 918 H Street SE Auburn,WA 98002 RECIPIENT Project Coordinator: Patricia Cosgrove Director-Museum and Farm Telephone Number: 253-288-7473 Fax Number: 253-931-3098 E-mail Address: pcosgrovp@auburnwa.gov RECIPIENT Billing Contact: Patricia Cosgrove Telephone Number: 253-288-7473 Billing Address: 253-931-3098 RECIPIENT Federal Tax Identification No. 91-6001228 For the purpose of this agreement: ECOLOGY Project Lead: Sinang Lee Telephone Number. 425-649-7110 E-mail Address: Sile461 .ecy.wa gov Page 1 of 14 Coastal Protection Grant No.G6900243 Between Ecology and City of Auburn ECOLOGY Billing Contact: Cathy Hubbard Telephone Number: (360)407-6491 Fax Number: (360)407-6902 E-mail Address: cahu461 eoy.wa.gov Billing Address: Department of Ecology Shorelands and Environmental Assistance Program P.O Box 47600 Olympia, WA 98504-7600 Physical Address: 300 Desmond Drive Lacey, WA 98503 GRANT AMOUNT $23,610 MAXIMUM ELIGIBLE PROJECT COST $23,610 STATE MAXIMUM COST SHARE RATE. 100% MAXIMUM STATE SHARE $23,610 The source of funds provided by ECOLOGY is the Coastal Protection Account. The EFFECTIVE DATE of this grant is June 2,2009,as found in the pre-authorization letter of June 22,2009. Any work performed prior to the effective date of this agreement will be at the sole expense and risk of the RECIPIENT The project described herein must be completed on or before March 31,2010 THE EXPIRATION DATE of this agreement is March 31,2010. Page 2 of 14 Coastal Protection Grant No.G0900243 Between Ecology and City of Auburn ECOLOGY GRANT G0900243 OLSON CREEK RESTORATION EXHIBIT A-1 SCOPE OF WORK Location: Mary Olson Farm (Conservation Property) Project Description: At the Mary Olson Farm,a 67-acre historic farm operated as a City of Auburn conservation property and environmental learning site,several key natural areas are planned to be restored. This Farm is listed in the National Register of Historic Sites,designated as a City of Auburn Landmark,and listed in the Washington State Inventory of Archaeological Resources. The property is located on the Green River, and is bisected by Olson Creek,home to runs of Coho and Chum salmon. Restoration and enhancement of this conservation property is approached as a three-phase project. Phases I and Il have been completed.Phase 1 work included clearing invasive plants from the south meadow, improvements to drainage and storm water management,and design for stream restoration work. Phase II Work included substantial in-stream habitat improvement, riparian restoration and stream bank stabilization. Phase III includes clearing pasture and hillsides,restoring the"wagon road"to serve as a primary pedestrian route connecting the north-meadow with Olson Creek and the historic Mary Olson Farm barn,farmhouse and out buildings. Additionally,outdoor interpretive signage will be installed. PROJECT TASKS Task 1 Project Management-for information only 1.1 Manage project contracts and procurement requirements 12 Schedule and supervise contractors 1.3 Evaluate work of contractors and prodacts of vendors Deliverable(s) Project documentation and evaluation Estimated cost: $19,350 (other funds) Due Date(s) incremental work throughout project,due at completion of project Page 3 of 14 Coastal Protection Grant No.00900243 Behveen Ecology and City of Auburn Task 2 Farmstead landscape restoration-for information only 2.1 Design of historically accurate&ecologically appropriate restoration 2.2 Restoration of gardens and orchard 2.3 Construction of fences,public walking paths and visitor amenities Deliverable(s) Design,implementation of design Estimated cost: $29,500(other funds) Due Date(s) Design—March 2009, implementation—September 2009 Task 3 Pasture a9r hillside restoration(Coastal Protection Funds) 3.1 Employ goat herd and Earthcorps crew to remove invasive species from north meadow and hillside areas in vicinity of Olson Creek 3.2 Replant cleared areas with appropriate native species 3.3 Stabilize and improve existing pedestrian route to provide visitor access 3.4 Monitoring of ground-disturbing activity by a professional archaeologist Deliverables(s) Clearing of land areas currently overtaken by invasive plants(blackberry, ivy,scots broom,etc.),re-vegetation of cleared areas,improvements for public access to property; before and after pictures Estimated cost: $23,610 Due Date(s) Clearing—June 2009;re-vegetation—November 2009 Task 4 Outdoor interpretive signs for visitors-for information only 4.1 Design of interpretive signs highlighting natural history-to include Ecology acknowledgement 4.2 Fabrication&installation of signs at key viewpoints and gathering places Deliverables(s) Design& construction of signs Estimated cost: $5,500 (other funds) Due Date(s) Design—December 2009;installation—March 2010 Page 4 of 14 Coastal Protection Grant No.00900243 Between Ecology and City of Auburn ECOLOGY GRANT G0900243 OLSON CREEK RESTORATION BUDGET EXHIBIT A-2 BUDGET Other CP Funds Funds Total Budget by Element I Salaries_ 15,000 15,000 2 Benefits 4,350 4,350 3 Contracted Svcs 20,125 29,500 49,625 4 Travel 0 5 Fquipment 0 6 Goods/Services 3,485 5,500 8,985 7 Overhead_ 0 Total by Element 23,610 54,350 77,960 Budget by Task 1 Project M runt 19,350_ 19,350 2 Farmstead Lansc. Rest. 29,500 29,500 3 Pasture/Hillside Rest. 23,610 23,610 4 Interp. Si a 5,500 5,500 5 0 Total by Task 23,610 54,350 77,960 ** Goods/Services is for purchase of native plant materials and seeds for re-vegetation($3,485) * Agencies may not be reimbursed from the Coastal Protection fund for the salaries and benefits of permanent employees for routine operational support. TOTAL REQUEST $23,610. Page 5 of 14 Coastal Protection Grant No.6.0900243 Between Ecology and City of Auburn WORK PRODUCTS Copies of documents produced by the RECIPIENT,including,quarterly reports,and any work products developed under this grant shall be sent to the following ECOLOGY address: Attn: Cathy Hubbard Washington State Department of Ecology Shorelands and Environmental Assistance Program P.O.Box 47600 Olympia,WA 98504-7600 Physical Address: 300 Desmond Drive Lacey, WA 98503 1 Three(3)copies (2 hard and 1 electronic)of quarterly reports shall be submitted as specified in Special Terms and Conditions. Quarterly reports may be submitted only electronically with prior approval from the Ecology Project Officer. 2. Three(3)copies of all work products as specified in the scope of work,unless otherwise specified. Two hard copies and one electronic copy shall be provided. BUDGET CONDITIONS and PAYMENT TERMS Budget Conditions Regardless of the number of tasks or elements, Ecology's Fiscal Office will track the EXPENDITURE BUDGET at the PROJECT LEVEL. A formal amendment is required to increase or decrease the finding or revise the Scope of Work. For this grant, 100%of the total grant amount will be paid on a cost-reimbursement basis. Requests for reimbursement shall be submitted at least quarterly but not more often than once per month by the RECIPIENT on state invoice voucher forms. Payment requests are to include at a minimum Form A 19-1 A"Invoice Voucher",Form B"Running Budget Summary",Form C "Voucher Support"and Form D"Contractor Participation Report"(if applicable). Recipients will prepare the billing forms by object of expenditure(salaries/benefits,travel, goods/services,etc). Back-up invoices of expenses should be included with the billings. For the administration of this agreement the RECIPIENT shall follow the "Administrative Requirements for Ecology Grants and Loans",current edition. Page 6 of 14 Coastal Protection Grant No.00900243 Between Ecology and City of Auburn 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's are available at Ecology's websites: Forms-http•//www.cey.wa-gov/biblio/9118a.htmi Yellow Book-httR://www.ecy,Wa.goVlbiblio/9118.html Light Refreshments Light refreshments are an eligible expense in accordance with Ecology s guidebook, "Administrative Requirements for Ecology Grants and Loans",current edition. Payment Terms ECOLOGY will issue payments of grant funds within 30 days of receipt of properly completed invoice vouchers,progress reports,and when approved by the Ecology Project Lead for this grant. Final payment requests are payable contingent on receipt of the final products and deliverables of grant. Upon completion of the project, unused grant dollars will be returned to the Department of Ecology for use on other eligible projects. A written report of activities must accompany all payment requests. SPECIAL TERMS and CONDITIONS 1. DATA STANDARDS AND DATA SHARING Data sharing and access is an important consideration for grant recipients. Data collected under grants should be available to secondary users and for future comparative analyses.It is a requirement that grant recipients submit monitoring data to Ecology's Environmental Information Management(EIM)database at http:t/iftvw.ecy.wa.gov/OM/to store and access their data on the Internet. Data is submitted to EIM using online data submittal tools available at: httv•//www.ecy,wa.gQvleim/ Additionally,grant recipients may choose to develop their own databases,and these tools also provide a good model for data standards. Having many stand-alone databases can make data sharing difficult,but steps are being taken at the national level to improve data sharing. Since 1998 the U.S. Environmental Protection Agency(EPA)and the States have been working in partnership to improve access to environmental data. This has lead to the concept of the"Network Node,"a place in cyberspace where environmental data can be uploaded and shared using common data exchange templates. Washington State has,along with Oregon,Idaho, and Alaska,successfully developed a prototype Website where environmental data from all four states can be searched and downloaded. Page 7 of 14 Coastal Protection Grant No.G0900243 Between Ecology and City of Auburn It is known as the Pacific Northwest Water Quality Data Exchange and is available at: http•//deg12 deg state or us/nnwwgx/ 2. QUALITY ASSURANCE PROJECT PLAN(QAPP) IF this project involves the collection of environmental measurement data,the Recipient will prepare a QAPP plan to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating this data. It is highly recommended that projects involving the use of existing environmental data adhere to these requirements. 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.04-03-030). 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 QA/QC report shall contain all fourteen elements discussed in the QAPP guidance document. Ecology's Project Officer shall review and approve this plan prior to initiation of work. The QAPP will cover the following elements: • Title Page with approvals Table of contents_and distribution list • Background • Proiect Description • Organization and Schedule • Quality Objectives • Sampling Process Design • Sampling Procedures • Measurement Procedures • QualityControl • Data Management • Audits and reports • Data verification • Data Usability Assessment On-line guidance for these tonics is available at: hU://www.ecy.wa.,zov/biblio/0403030ditiiil A OAPP template available for use by grantees can be found at: hhtt •//www ccv wa gov/vrograms/egeA/ a/dots/OAPPtool/Mod2 a/o20Temnlate/module2.ndf For additional information go to httt>://www.m,wa.ggy/programs/eap/ga Water samples requiring bench testing shall be analyzed by an environmental laboratory accredited by the DEPARTMENT A list of DEPARTMENT accredited laboratories and Page 8 of 14 Coastal Protection Grant No.00900243 Between Ecology and City- of Auburn information on laboratory accreditation is provided on the Environmental Assessment Program website,currently available at: Httv:gwww.egy.wo.gov/programs/ep/labsfiabs main.htnil : htt ://www.egy.wa.gov/l)roplams/eg/labstiabs main html 3. COORDINATION WITH ECOLOGY'S GEOGRAPHICAL INFORMATION SYSTEM(GIS) IF this project involves developing GIS data,the Recipient shall coordinate with Ecology's GIS office in an effort to promote compatibility and to encourage sharing of geospatiai data. To facilitate data sharing,the Department utilizes the following standards: ja - - ESRI's ARC/INFO Current version ESRI's ArcView Current Version Horizontal Datum NAD 83.HARN Vertical Datuth NGVD 88 Projection System Lambert,Conic Conformal Coordinate System WA State Plane Coordinates Coordinate Zone South Coordinate Units US Survey Feet Accuracy Standard +/-40 Feet(1:24,000)minimum accuracy to within a foot ofthe true North American datum Ustem Vector,Import Format ArcEx ort,DLG and/or DXF,,!tqeflIes Raster Im rt Format TIFF,BILBIP,RLC,GRID,ERDAS, SID Whenever possible,the Recipient is encouraged to utilize the standards listed above when compiling data, To discuss the usage of other standards,please contact Jerry Franklin at 360 407-7470;Fax: 360 407-6902; E-Mail: ifra461 ecy.wagov or John Tooley at 360-407-6418; E-Mail:j of o461 @ecv.wa.¢ov for further data sharing and compatibility information. The Recipient shall submit copies to Ecology's Project Officer with complete documentation as it relates to all digital data, GIS coverages,shape files,related tables and map products. 4. STATE ENVIRONMENTAL POLICY ACT(SE PA) Grant recipients are expected to consider the necessity of a SEPA process in the early stages of planning or scope development. Please contact your project officer for assistance. S. IDENTIFICATION OF PROJECT MATERIALS All reports, maps,and other documents produced by the RECIPIENT,as part of this grant shall be identified as such. All items will be marked on the front cover or title page,or in the case of i Page 9 of 14 it Coastal Protection Grant No.G090020 Behveen Ecology and City of Auburn maps,the block that contains the name of the Government unit or ECOLOGY with 1)the name of the RECIPIENT;2)ECOLOGY'S grant number; 3)Project Title;and 4)date of the report. Also,an acknowledgment of the source of funding,as appropriate,will be included. 6. PUBLICATIONS AND BROCHURES Any publications or brochures required as a product of this agreement shall be bound and conform to minimum standards of size, 81/2'x 11" white,recycled paper. Photos,illustrations, and graphs must be of reproducible quality The RECIPIENT shall comply with any additional specifications as may be outlined in the Scope of Work or confirmed in writing between ECOLOGY and the RECIPIENT The RECIPIENT is encouraged to implement sustainable practices where and when possible. 7. DOCUMENTS The RECIPIENT shall provide ECOLOGY with a minimum of three(3)copies of all documents produced under the terms of this grant unless otherwise specified. Two hard copies and one electronic copy should be provided. 8. PROJECT COMPLETION REQUIREMENTS On completion of the project,the RECIPIENT shall submit the following information and materials to ECOLOGY SA.Project Completion Re2g : The purpose of this report is to document that the project and each of its elements has been completed. Four(4)hard copies and one (1)electronic copy of a"Project Completion Report"are required as follows: (1) Summary Account-The Completion Report must include a brief summary account of the work accomplished under the grant with respect to each of the surveys,studies,plans,and other tasks listed in the grant or any amendments to that grant. It is also to include a notation of the exhibit or portion thereof containing the product of that work task. (2)Reports,Maps,Plans,Exhibits,Etc. -The Completion Report,must include a list of all reports,maps,plans,and other documents prepared under this grant,indicat- ing for each whether it is in published or unpublished form as defined in the grant. 8B. Gr @chic Record Alternative: With respect to models and published maps and plans, such as aerial maps, maps,and plans which are colored or are too large to fold compactly, photographs or copies may be submitted instead of the actual maps,models or plans. These photographs or copies need to be 8"x 10" or larger and may be either in color or black and white,whichever is necessary to show the content of the map,model or plan. Each such photograph or copy shall be legibly identified as to the title and scale of the original document, the municipality, or area covered, and the report or study to which it relates,and shall contain a notation of the place where the original is located. Page 10 of 14 Coastal Protection Grant No.G0900243 Between Ecology and City of Auburn 8C.Transmittal of Mans.Plans,Etc. The title,the grants number,the municipality or county,and the report or study to which each map and plan relates shall be indicated on the outside top fold of such map and plan. All maps and plans transmitted shall be folded to the size of the report project. 8D.Data Documentation and Submittal: Upon grant completion, all data and data documentation are to be submitted in accordance with the previously provided formats and standards,or in formats as previously negotiated in a formal agreement between ECOLOGY and the RECIPIENT 8E.The Project Completion Report must be submitted with the Final Payment Request and follow the format provided by ECOLOGY. Final payment will not be made without the Project Completion Report, 9. ACCESS TO RECORDS AND RIGHT TO AUDIT 9A.The RECIPIENT agrees that the Auditor for the State of Washington shall,until the expiration of three(3)years after expenditure of funds under this grant,have access to and the right to examine any directly pertinent books,documents,papers,and records of the RECIPIENT involving transactions related to this grant. The RECIPIENT agrees to include the substance of this paragraph into all grants and subcontracts payable from contract funds in whole or in part. 9B. The RECIPIENT agrees that paynient(s)made under this grant shall be subject to reduction for amounts charged thereto which are found after audit examination not to constitute allowable costs under this grant. The RECIPIENT shall refund by check payable to ECOLOGY the amount of such reduction of payments under completed or terminated grants. 10. MAINTENANCE OF RECORDS All required records shall be maintained until a state audit is completed and all questions arising there are resolved,or three(3)years after completion of a project,whichever is sooner. 11. MINORITY AND WOMEN'S BUSINESS (MWBE)PARTICIPATION The RECIPIENT agrees to solicit and recruit,to the extent possible,cortified minority-owned(MBE)and women,-owned(WBE)businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged,however,and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps,when possible,in any procurement initiated after the effective date of this agreement; Page 11 of 14 Coastal Protection Grant No.00900243 Between Ecology and City of Auburn a. Include qualified minority and women's businesses on solicitation lists. b. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c. Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. d. Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. e. Use the services and assistance of the State Office of Minority and Women's Business Enterprises(OMWBE)and the Office of Minority Business Enterprises of the U.S. Department of Commerce,as appropriate. The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice,on forms provided by the DEPARTMENT,payments made to qualified firms. Please include the following information: a. Name and state OMWBE certification number(if available)of any qualified firm receiving funds under the invoice,including any sub-and/or sub-subcontractors. b. The total dollar amount paid to qualified ferns under this invoice. 12. SELECTION OF CONTRACTORS It will be the responsibility of the Recipient to insure that any and all subs comply with the terms and conditions of this agreement and that the State of Washington is named as an express third- party beneficiary of such subcontracts with full rights as such. 13. FINANCIAL GUIDELINES The RECIPIENT shall comply with ECOLOGY'S current edition of the "Administrative Requirements for Ecology Grants and Loans." The RECIPIENT shall be responsible for maintaining appropriate financial records throughout the life of the project and in accordance with these guidelines. 14. PAYMENT REQUESTS Payment will be made to the RECIPIENT for the grant amount upon execution of the grant agreement and receipt of a signed Invoice Voucher(A19-IA). Complete backup documents(to include but not limited to all invoiced costs, time sheets [signed Arid dated by both employee and supervisor],etc.)MUST be maintained by the RECIPIENT These expenses will be kept in grant files according to budget task for a period of three years af- ter project completion and made available at any time for inspection by ECOLOGY 15. QUARTERLY REPORTING The RECIPIENT must send quarterly progress and financial reports,including current expenditures to ECOLOGY Page 12 of 14 Coastal Protection Grant No.G0900243 Beiween Ecology and City of Auburn Quarterly reports shall cover the periods and be due with 30 days following the end of the quarter, according to the following schedule,regardless of the grant effective date: Quarterly Reporting Period Date Quarterly Report Is Due- January 1-March 31 Aril 30 April 1-June 30 July 30*schedule may vary with fiscal year closing Jul 1-September 30 October 30 October 1-December 31 January 30 Quarterly reports shall convey essential information in a simple,concise manner through the use of bulleted summary statements, lists,and tables and include the following: 1.A description of work performed during the quarter 2. Status of project schedule 3. Financial and funds disbursement status 4. Personnel changes 5. Any difficulties encountered during the quarter. 6. Cash Flow Estimate ECOLOGY reserves the right to terminate this agreement,as specified in paragraph K.1 of the General Terms and Conditions,for. 1.Failure to comply with quarterly reporting requirements,and 2.Failure to demonstrate satisfactory progress on elements and/or tasks as described in the Scope of Work. 16. AMENDMENTS A"letter"amendment is a written request by the RECIPIENT to 1)redistribute funds among budget elements or fund shares; or 2)extend the project completion and expiration dates. A formal amendment is required for any change to the scope of work or an increase to the total eligible project cost and is signed by both parties. Amendments are not required for administrative adjustments such as changes in telephone numbers,addresses,project officers, supervisors, or contact persons for Ecology or the recipient. The recipient must still notify Ecology of these changes. 17. 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 the grant agreement,or by any date mutually agreed upon in writing for commencement of work,ECOLOGY reserves the right to terminate this agreement. Page 13 of 14 Coastal Protection Grant No.G0900243 Between Ecology and City of Auburn 18, GRANT CLOSEOUT All products for this project shall be submitted to ECOLOGY on or before March 31,2010,or otherwise specified in the Scope of Work. 19, ALL WRITINGS CONTAINED HEREIN This agreement, the appended "General Terms and Conditions",and ECOLOGY'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 amendments to this agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. STATE OF WASHINGTON DEPARTMENT OF ECOLOGY gTY.OF fil$UR i-" .7 , 6/frx 64 tz'S 1 Gorcr6n White Date Peter .Lewis,Mayor Date Program Manager Shorelands Environmental Assistance Program Approved as to form only Assistant Attorney General Federal ID Number: 91-6001228 Page 14 of 14 ( l ( r 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 only use contractor/consultant assistance if that has been Included In the agreement's final scope of work and budget B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgranlees 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 Slate 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 ther 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. DlscrtmInation.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.If the agreement is federally-funded,the RECIPIENT shall report to the DEPARTMENT the percent of grantAoan 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 expendltures 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. 1 Engineering documentation and field Inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT 2. All graWoan 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 psymentnoon 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 grentAoen termination or dispute resolution hereunder 4. RECIPIENT shall meet the.provislons 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$500,000 or more in a year in Federal funds. The$500,000 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. I. 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 thirty (80)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 MR be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall tie 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 approved 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 fumished 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. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective dale and prior to the expiration date of this agreement, unless those dates are specifically modified In writing as provided herein. 3. Final Request(s)for Payment.The RECIPIENT should 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. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent(10%)of each reimbursement payment as security for the RECIPIENT'performance. 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 DEPARTMENTS sole discretion,such payment is 2 ( I ( i reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6.herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may 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. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities,It shelf rat exceed the amount allowed under state law for state employees. 7 Overhead Costs. No reimburssmenl 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 falls,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. Insufficlent 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 faliuro 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 RECIPIENTS fiscal year,the obligation of the RECIPIENT to continue or complete the projectdescrlbed 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 falls to commence work on the project funded herein wfthin 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 3 ( M. PROPERTY RIGHTS 1 Copyrights and Patents. When the RECIPIENT creates arty copyrightable materials or Invents any patentable property,the RECIPIENT may.copyrlght or patent the same but the DEPARTMENT retains a royalty-free,nonexclusive and Irrevocable license to reproduce,publish,recover or otherwise use the materiat(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 36 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),regulabon(s),or pollcy(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 shell be returned to the DEPARTMENT prior to final payment by the DEPARTMENT If said property Is lost,stolen or damaged while in the RECIPIENTS possession,the DEPARTMENT shall be reimbursed In cash or by setoff by the RECIPIENT for the fair market value of such property. 6. Acquisition Projects. The following provisions shall apply If the project covered by this agreement Includes funds for the acquisition of land or fadlltles: a. Prior to disbursement of funds provided for In this agreemert, the RECIPIENT shall establish that the cost of landfor factlitles 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 Insure nce 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. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems,the RECIPIENT Is encouraged to Implement sustainable practices where and when possible. These practices Include use of dean energy,and purchase and use of sustainabty produced products(e.g.recycled paper). For more Information,see www.ecy.wa.govlsustatnability. O. 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 falls,for any reeson,to perform obligations required of it by this'agreement,the RECIPIENT may, at the DEPARTMENTS sole discretion,be required to repay to the DEPARTMENT all grariihoan funds disbursed idthe RECIPIENT for those parts of the project that are rendered worthless In the opinion of the DEPARTMENT by such failure to perform. 4 i Interest shall accrue at the rate of twelve percent(12%)per year 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 DEPARTMENTS property and the RECIPIENTS liability to repay monies shag 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 malls 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 determinaton 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 effects his/her personal Interest or the Interest of any corporation,partnership or association in which he/she is,directly or Indirectly Interested;nor shag he/she have any personal or pecuniary Interest,direct or indirect,In this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shell 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. 5 V PRECEDENCE In the event of inconsistency In this agreement,unless otherwise provided herein,the inconsistency shag be resolved by giving precedence In the following order- (a)applicable Federal and State statutes and regulations;(b)Scope of Work;(d)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.04/04 6 o So g bt iees aN STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600•Olympia,WA 98504.7606.360.407.6000 711 for Washington Relay Service •Persons with a speech disabifrty can caff 877.833.6341 June 22,2009 Patricia Cosgrove City of Auburn 918 H Street SE Auburn,WA 98002 Re: Olson Creek Restoration Project Grant#G0900243 Dear Ms.Cosgrove: This letter serves as pre-authorization for the City of Auburn to incur expenses for the Olson Creek Restoration project,(Grant#G0900243),effective June 2,2009. Ecology approves pre-authorization for the following conditions: • Both Ecology and the City of Auburn will sign the formal grant by August 15,2009. • The City of Auburn is authorized to perform Tasks 3 as outlined in the scope of work and will not exceed$23,610. • The total a_mount of grant funds available to the City of Auburn under this grant will not exceed $23,610. • The City of Auburn will work closely with the Project Lead,Sinang Lee,to ensure the following conditions are met: a) The terms and conditions of the agreement. b) The Administrative Requirements for Ecology Grants and Loans("Yellow Book"), htro p. nv Wv/biblio/9118 html c) The performance measure requirements. Thank you for your efforts to coordinate watershed planning in your community If you have questions or concerns, please contact me at(360)407-6491 or 9Wu4k-Q9rv.wa.g0v Sincerely, Cathy Hubbard Grants Administrator cc: Sinang Lee Fiscal . . �'a i sae eigar nA ( 1 Ct bs STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO'Box 47600 •Olympia, WA 98504-7600•360-407.6000 711 for Washington Relay Service •Persons with a speech disability can call 877-833-6341 July 1, 2009 Patricia Cosgrove Director-Museum and Farm City of Auburn 918 H Street SE Auburn, WA 98002 Dear Ms. Cosgrove: 1 have enclosed your signed copy of Coastal Protection Grant, for Grant G0900243. The effective date is June 2, 2009; the completion date is March 31, 2010. Enclosed are the following State of Washington Forms: • Form A19-1A Invoice Voucher • Form B2 Running Budget Summary • Form C2 Voucher Support Form. • Form D Contractor Participation. Please complete and submit all forms when billing the Department. Electronic copies of the forms and the"Administrative Requirements for Ecology Grants and Loans* are available at Ecology's websites: • Forms- htto://www.erv,wa.00v/biblio/9118a.htmi • Yellow Book-htto:)/www ecv.wa.obv/bibiio/9118.html Payment requests and progress reports are required In the Budget section of the agreement and Special Terms and Conditions. Please be sure to include the grant number on all forms and correspondence to allow us to provide you with faster service. If you have any questions, Sinang Lee, Project Lead, can be reached at (425) 649-7110, or you may contact me at 6ahu461Ca1ecv.wa.00v or 360-407-6491 We look forward to working with you on this project. Sincerely, 1l+ ` Cathy H_ and Grants Administrator Enclosures cc: Sinang Lee, Ecology Fiscal Office