HomeMy WebLinkAboutPW06-099 - Original - King Conservation District - Confluence of Green River & Mill Creek - 06/21/2006 IT f1i F K"r
AGREEMENT FOR AWARD
OF NONCOMPETITIVE GRANT
Green-Dumamish-CPS Watershed Forum(WRIA 9)
t
City of Kent
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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 Kent, a municipal corporation in King County,
Washington, located at 220 Fourth Avenue South, Kent Washington 98032 (referred to herem 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
12 Whereas,on December 15,2000,the Metropolitan King County Council enacted
King County Ordinance No. 14016 which, among other things,provides for the distnbution 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 RCW; and
1.3 Whereas,on November 19, 1998,the District adopted Resolution No 98-20 relating
to the policy and procedures goveming 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 established regional
funding principles to be considered during the process of awarding noncompetitive grants; and
15 Whereas,certain Watershed Forums(i.e., Lake Washington/Cedar River,
Green/Duwamish 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 purpose 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No 9681 have been superseded by three Watershed Forum funding groups,whose members consist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(WRtA) 7, 8 and 9, as referred to in King County
Ordinance No. 14016; and
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
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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 Seventy
thousand Dollars($70,000) from 2004 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 in accordance with the
following paragraphs. Grant funds from 2004 Assessments shall be paid by District to Recipient
within five(5)business days after District's receipt of a fully executed Agreement.
22 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 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 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 floodplam 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
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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 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 perfonned 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 that in the event a court of competent junsdiction finds that the
imposition or collection of the special assessments authorized by King County Ordinance 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
employees, 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
3.2 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.
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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.
3.4 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 ow 4 t By Y
Name Name�Vek7orG�
Title �- LS�n�� C�7c«�_ Title
Date 06 Date
Approved as to Form: Approved as to Form:
DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY:
Name 1�6 i�A1C f Name -M� WFIAVO—
Date Date g l e d o
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Exhibit A
King Conservation District 1
Watershed Forum Noncompetitive Grant Application
Project Name: Riparian Restoraton Project Contact: Mike Mactutis
Confluence of Green River and Mill Creek
Applicant: City of Kent Title: Environmental Engineering Manager
Principal Partners(if any): Address: City of Kent Public Works Dept.
220 Fourth Ave.South
Kent Washington,98032
Total Project Cost: $70,000 Phone:(253)856-5520
KCD Funding Requested: $70,000 Fax: 253 856-6500
Project Start Date: l/1/06 E-mail: mmactutis ci kent.wa.us
Project End Date: 12/31/06
1. Brief Project Description(—200 words):
The City of Kent is pursuing a comprehensive riparian and aquatic restoration project for fish and
wildlife habitat along both sides of Mill Creek Auburn at the confluence of the Green River as well
as along the Green River The City is in negotiations to purchase 2 acres along the west side of Mill
Creek at the creek's confluence with the Green River,including several hundred feet of Green River
riparian zone. This site includes approximately 350 feet of stream bank along Mill Creek and 270
feet of bank of the Green River.
The goal of this project is to improve juvenile rearing habitat by improving instream and riparian
habitat conditions This improvement will be done through the removal of invasive non-native
vegetation and the establishment of native trees and shrubs along the bank of Mill Creek,a salmon
bearing stream,and the Green River This work will improve temperature through shade cover,
increase native riparian function,and reduce erosion through increased vegetation.
This project is part of a larger plan which includes projects on the opposing sides of Mill Creek and
the Green River. Future projects on the 9 acre site on the east side of Mill Creek will include the
creation of side channels and an overwmtermg pond to increase access to floodplam habitat for
Chinook and other salmonids and to restore toodplam functions. Additional grant funds will be
used to rehabilitate the existing oversteepened slopes on both sides of Mill Creek to create low
velocity shallow marginal habitat that will provide overwintenng and flood refugia forjuvenile
salmonids. Green/Duwamish Ecosystem Restoration Project funding will be targeted at
construction of a new Green River back channel in the City of Kent's Riverview Park which will
include salmon habitat for rearing and flood refuge.
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 criteria
outlined in the Policy and Procedure Overview, and one of the Revised Regional Task Force
Funding Principles):
This grant is consistent with RCW 89.08 and will lead to the following actions:
• 3.a)iv)"To prepare and keep current a comprehensive long-range program recommending the
conservation of all renewable natural resources of the district...including a compilation of
current resource needs,projections of future resource requirements,priorities for various
resource activities,projected timetables,descriptions of available alternatives,and provisions for
coordination with other resource programs"
This grant is consistent with the King Conservation District Strategic Plan and will lead to the
following actions
KCD 2005 -GR Mill Creek Restombon
King Conservation District 2
Watershed Forum Noncompetitive Grant Application
• 3.b)i)b)"Promoting Natural Habitat Protection and Restoration. to help protect and
restore fartuland,forest land, stream,wetlands, and other sensitive natural habitats..."
• 3.b)ii)b)"Promoting Natural Habitat Restoration...provide infoiniation and assistance to
landowners,business owners, and other citizens in rural and urban areas on the
preservation and restoration of natural habitats..."
This grant is consistent with the King Conservation District Regional funding Principles and will
lead to the following actions:
• Lb)"habitat restoration which enhances ecologically significant fish nuns;"
• Le)"regionally-coordinated motutonng of fish runs and evaluation of habitat
improvement projects to ensure that the region's fish habitat expenditures are being
appropriately targeted; and
• l.d)"water quality and watershed restoration and protection support services..."
3. Project Activities and Measurable Results:
Project activities and results under this grant will include the following:
• Prepare clearing,restoration and planting plans for the site,
• Purchase native trees and shrubs per plans,
• Remove invasive plants;
• Install native plantings during late fall or early spring;
• Prepare appropriate progress reports to KCD,in cooperation with WRIA 9;
• Maintain plantings as needed through watering and weed and invasive plant removal;and
• Prepare final report at project conclusion.
4. Budget Expenses
Budget Item KCD Other Funds Total
Funds (5 ecif )
Salaries and Benefits
Travel/Meals/Mileage
Office/Field Supplies
Contracted/Professional $8,000 $8,000
Services
Land Acquisition
Periruts
Other (restoration,
revo"(4allon of $62,000 $62,000
strranillank in easuunont)
TOTAL $70,000 $70,000
5. Describe how KCD funding will be acknowledged over the duration of the project.
KCD will be acknowledged through all reports and documents published under this grant.
Authorized Signature Date
KCD 2005—GR Mill Creel.Restoration
1(�k�a=.D
King Conservation District
935 Powell Avenue SW,Ste D•Renton,WA%055•Phone(206)764-3410•Fax(206)761-6677•E-nuut dtstact@kwgcd org
March 10,2006 CITV OF tENT
Mike Mactutis
City of Kent ENGINEERING DEFT
220 Fourth Avenue South
Kent,WA 98032
Dear Mr.Mactutis,
Enclosed are two copies of an Agreement for Award of Noncompetitive Grant
for the City of Kent Riparian Restoration at the Confluence of the Green River
and Mill Creek Project.
After obtaining signatures fiom City of Kent representatLves,return both copies
of the Agreement to me I will obtain the required signatures from King
Conservation District representatives and forward a signed original for your
records. At that time,I will also forward a check for the amount of the grant.
I am available to answer any questions you may have. Please do not hesitate to
contact me
Sincerely,
Brandy Reed
District Co-Coordinator
Enclosures(2)
KCD Ref:KCD Ref 06-056 Mike Mactutis,City of Kent