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Home My WebLink AboutGRA2019-003 - Original - Downey Farmstead Restoration - Phase IV Habitat Creation -Award Number 4.9.18.001 Project Name, Downey Farmstead Restoration —Phase IV Habitat Creation Award Number: 4.9.18,001 AGREEMENT FOR AWARD OF COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS BETWEEN THE CITY OF KENT AND KING COUNTY This Agreement is made between King County, a municipal corporation, and the City of Kent ("Recipient"), for the purposes set forth herein. This Agreement shall be in effect from the date of execution to December 31, 2021, Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079, Ki,ttt haaLer(riil"c�rtac«>Itqy.gcrv. Primary Contact for Recipient: Matt Knox, Environmental Supervisor, 253-856-5551, Mkl)ctr.(u>lsentwa. oaF. SECTION 1. RECITALS 1.1 Whereas, the King County Flood Control District ("District") is a quasi-municipal corporation of the State of Washington, authorized to provide funding for cooperative watershed management arrangements and actions for purposes of water quality, water resource, and habitat protection and management; 1.2 Whereas King County is the service provider to the District under the terms of an interlocal agreement ("ILA") by and between King County and the District, dated February 17, 2009, as amended, and as service provider implements the District's annual work program and budget; 1.3 Whereas, the Board of Supervisors of the District (the "Board"), the District's governing body, passed Resolution FCD 2017-07.2 on November 13, 2017, authorizing the King County executive or his designee to develop and administer a grant award program of up to $4,520,525 in 2018 for water quality, water resources and habitat restoration and management projects and activities allocated in the amounts of$897,324 for the Snoqualmie Watershed, $1,695,197 for WRIA 8, $1,695,197 for WRIA 9, and $232,807 for WRIA 10 projects in King County, provided that the project list is approved by the Board; 1.4 Whereas, in accordance with Resolution FCD2012-07.2 and in its capacity as service provider to the District, King County has established a grant award program, called the Cooperative Watershed Management Award Program, to fund water quality, water resources and habitat restoration and management projects and activities; 1.5 Whereas, the Recipient submitted an application to its respective WRIA forum or committee for the Project, as described in Exhibit A attached hereto and incorporated herein by this reference, and that body has recommended the Project for funding under the Cooperative Watershed Management Grant Program in accordance with King County's Cooperative Watershed Management Grant Program Policies and Procedures, a copy of which has been furnished by King County to the Recipient and which are incorporated herein by this reference ("Grant Policies and Procedures"); Page 1 of 6 Project Name: Downey Farmstead Restoration—Phase IV Habitat Creation Award Number: 4.9.18.001 1.6 Whereas the District's Board of Supervisors has received a list of proposed projects that includes the Project, and the Board of Supervisors has approved the Project for funding up to the amount of$780,000; 1.7 Whereas King County has received a Scope of Work and a Budget for the Project from the Recipient and has determined that the Scope of Work, attached hereto and incorporated herein as Exhibit B (`Scope of Work"), and the Budget, attached hereto and incorporated herein as Exhibit C ("Budget Summary"), are consistent with the Grant Policies and Procedures; 1 .8 Whereas, King County and the Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions under which King County will provide funding from the District in accordance with the Policies and Procedures, and the Recipient will implement the Project. SECTION 2. AGREEMENT 2.1, The Recitals are an integral part of this Agreement and are incorporated herein by this reference. 2.2. King County agrees to award the Recipient an award in the total amount of$780,000 from District funds (the Award). The Award shall be used by the Recipient solely for the performance of the Project. King County shall pay the Recipient in accordance with the Grant Policies and Procedures. 2.3. The Recipient represents and warrants that it will only use the Award for the Scope of Work of this Agreement and in accordance with the Project Budget. The Recipient shall be required to refund to King County that portion of the Award which is used for work or tasks not included in the Scope of Work. Further, the Recipient agrees that King County may retain any portion of the Award that is not expended or remains after completion of the Scope of Work and issuance of the Final Report, as further described below. 2.4, Activities carried out for this Project and expenses incurred by the Recipient may predate the execution date of this Agreement provided that 1) they have been identified by Recipient as being within the scopes of numbers 2) and 3) below, and have been approved by King County as being within such scopes; 2) The activities are specified in the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the Scope of Work and are authorized by the Award as identified in the Budget of this Agreement; 4) such activities and expenses otherwise comply with all other terms of this Agreement; and 5) such activities and expenses do not occur prior to the date the grants were approved by the District and reimbursements shall be paid to the Recipient only after this Agreement has been fully executed. 2.5. The Recipient shall invoice King County for incurred expenses using the Request for Payment form and Progress Report form for those documented and allowable expenses identified in the Budgets and according to the rules set forth in the Grant Policies and Page 2 of 6 Project Name: Downey Farmstead Restoration—Phase W Ilabitat Creation Award Number: 4.9.18,001 Procedures. Blank forms shall be provided to the Recipient by King County upon execution of this Agreement. Progress reports for each project(with or without requests for payment) shall be made no less frequently than every six months after the effective date of this Agreement nor more frequently than every three months after the aforementioned date. A Progress Report form shall be submitted with all payment requests. A one-time advance may be allowed, in the discretion of King County, for expenses anticipated to be incurred in the three months following the date of submission of the advance Request for Payment only for work that is included in the Scope of Work of this Agreement, and identified as such in the Request for Payment. The amount of the advance may not exceed 20% of the total award amount. Documentation of payments made from advances shall be submitted to King County prior to any further requests for payment. 2.6. The Recipient shall be required to submit to King County a final report which documents the Recipient's completion of the work in conformance with the terms of this Agreement within thirty (30) days after the completion of the work. The final report may be submitted on the Close-out Report form unless a more detailed final report is specified in the scope of work. A blank Close-out Report form shall be provided to the Recipient by King County upon execution of this Agreement. The final report shall include a summary of the Project's successes and shall address the watershed benefits accomplished by the work. 2.7,. The Recipient's expenditures of Award funds shall be separately identified in the Recipient's accounting records. If requested, the Recipient shall comply with other reasonable requests made by King County with respect to the manner in which Project expenditures are tracked and accounted for in the Recipient's accounting books and records. The Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles as further described in Section 2.8 below, and to meet the requirements of all applicable state and federal laws. 2.8. The Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS") or Generally Accepted Accounting Principles set forth by the Financial Accounting Standards Board or by the Governmental Accounting Standards Board, 2.9, King County or its representative, and 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 terns of this Agreement. The Recipient shall cooperate with King County and the District in any such audit. 2.10. The Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established by the Washington State Archivist Local Government Common Records Retention Schedule (CORE) as revised. 2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and Page 3 of 6 Project Name: Downey Farmstead Restoration—Phase IV Habitat Creation Award Namber 4.9.18.001 federal laws and regulations. The Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the District, their elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property arising out of any acts or omissions of the Recipient, its employees, agents, contractors or subcontractors in performing its obligations under the terns of this Agreement. 2.13. The Recipient agrees to acknowledge the District as a source of funding for the Project on all literature, signage or press releases related to the Project. SECTION 3. GENERAL PROVISIONS 3.1, This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 3.2. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3. No amendment to this Agreement shall be binding on any of the parties 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. The Project shall be completed by no later than December 31, 2021. 1n the event that the Project is not completed by this date, King County has the discretion, but not the obligation to terminate this Agreement and retain any unexpended Award funds. 3.6. This Agreement may be signed in multiple counterparts. 3.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable under applicable law, such provision will be ineffective to that extent only, without in any way affecting the remaining parts or provision of this Agreement, and the remaining provisions of this Agreement shall continue to be in effect. 3.8. The amount of the Award has been fully funded by the District. To the extent that funding of the Award requires future appropriations by the King County Council, King C ount,y's obligations are contingent upon the appropriation of sufficient funds by the King County Council to complete the Scope of Work. If no such appropriation is made, Page 4 of 6 Projoct Namc: Downey Farmstead Restoration- Phase IV F tabitat Creation Award Number: 4.9.18.001 this Agreement will terminate at the close of the appropriation year for which the last appropriation that provides funds under this Agreement was made. This document has been approved as to form by the King County Prosecuting Attorney's Office as of July 15, 2016. KING COUNTY: RECIPIENT: By. Name_ NameA4 1 Title Title, y� Date _ ...... Date 1Q Page 5 of 6 Project Name: Downey Farmstead Restoration—Phase IV Habitat Creation Award Number: 4.9.13.001 EXHIBIT A: PROJECT DESCRIPTION PROJECT RECIPIENT DESCRIPTION MATCH AWARD _ ._... —....................... — ................ ._.._..__............ .— ------.........------- -_.... Downey Farmstead City of Kent The City of Kent will construct nearly 2,000 LF of side $2,356,856 $780,000 Restoration— channel to the Green River to provide rearing and Phase IV Habitat refuge habitat for threatened Chinook and other Creation salmon species. The project will also provide 130-acre feet of flood storage to reduce flooding in nearby areas and plant hundreds of shade-producing native trees along a one-half mile stretch of river where temperature loading is a critical issue. Project Location Lower Green-Duwamish Watershed near the confluence of Mullen Slough and the Green River between RM 21.5 and 22.3. EXHIBIT B: SCOPE OF WORK Task Title Estimated Month/Year Task Description (Include Activities and Deliverables) Percent of Task will be Total Budget Completed Task 1: Project Submit reimbursement request forms, backup documentation for 3% Ongoing Administration billing, and progress reports at least every 6 months. Submit a Fiscal (Required) Closeout form and a Closeout Report form with the final reimbursement request. Task 2 Construction Contract to build the side channel network including Construction o Mobilization for construction including signage, traffic control • Erosion control, clear and grub and remove trees (to be used as slash in engineered logjams); • Excavate, haul and dispose of 240,000 CY of soil including 90% December isolation of new channel from main Green River flow to build 2020 the side channel connections and engineered log jams; • Importing and incorporating compost into the finished soils; • Construction and placement of 50 large wood structures; • Planting of over 40,000 native plants; Installing erosion control fabric and mulching and/or seeding all exposed surfaces. ----._._..._.. __..............—._._.__._..�_...---..__.... _..._.. .....,._...—_....-----�..m..m.. Task 3: Contract management, inspection and administration 7% March 2021 Contract Management EXHIBIT C: BUDGET SUMMARY BUDGET ITEM GRANT REQUEST STAFFING PROJECT SUPPLIES $2,500 _.......— __.—...._..,m �.._..__......... � .�... __..... .. COMMERCIAL SERVICES& CREW TIME $675,143 �.._ —....�...__._.__ ..w—.___._...—......m.._—.___..—. __._.._......__. .... TOTAL $780,000 Page 6of6 ',w qW m pry. W IW " ry u •r � uu ..� .�W NmNp n w � u , � a .. � aW 6F HIV Pe •� n. III .M ° I10 I@ W W UIII �M p w IT i I �' IW .m Id' � 1➢. Jh �' I wW " m Yoshitake, Nancy From: Yoshitake, Nancy Sent: Thursday, October 11, 2018 6:28 AM To: Knox, Matthew Subject: RE: Downey CWM 2018 Grant Send Onto Mayor for Signature Hi Matt, I've placed two copies of the grant in your mailbox. Once you get a signed copy back from King County, please retain a copy for your records and return the original to me so I can forward a copy to the Clerk's office. Thanks, Nancy From: Knox, Matthew Sent: Friday, October 05, 2018 2:59 PM To: Viseth, Cheryl; Yoshitake, Nancy Subject: Downey CWM 2018 Grant Send Onto Mayor for Signature Cheryl / Nancy - We received a grant from King County Cooperative Watershed Management for the Downey project that was approved by Council on the consent calendar on 9/18/18 (see enclosed record from the Council Minutes). Any chance this got sent onto the Mayor for signature? If not, could one of you help me with this? I have enclosed the grant agreement with this email. Please let me know what else is needed to make this happen. Thank you (as always) for your help! i