HomeMy WebLinkAboutGRA2019-046 - Original - Downey Farmstead Restoration - Phase III Habitat Creation -Award Number 4.9.19.016 Project Name: Downey Farmstead Restoration—Phase Ill Habitat Creation Award Number: 4.9.19,0I b
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AGREEMENT FOR AWARD OF
COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS
BETWEEN THE CITY OF RENT 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 June 30, 2022.
Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper a.kiii>c� outity.gov.
Primary Contact for Recipient: Melissa Dahl, Environmental Engineer I, 253-856-6511,
Mdalil@keiitwa.gov.
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 2018-09 on November 5, 2018, authorizing the King
County executive or his designee to develop and administer a grant award program of up
to$4,684,168 in 2019 for water quality,water resources and habitat restoration and
management projects and activities allocated in the amounts of$929,807 for the
Snoqualmie Watershed, $1,756,563 for WRIA 8, $1,756,563 for WRIA 9, and$241,235
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");
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Project Name: Downey Farmstead Restoration—Phase III Habitat Creation Award Number: 4.9.19.016
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, in Resolution FCD2019-10, has
approved the Project for funding up to the amount of$56,378;
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$56,378 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
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Project Name: Downey Farmstead Restoration—Phase III Habitat Creation Award Number: 4.9.19.016
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 terms 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
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Project Name: Downey Farmstead Restoration—Phase III Habitat Creation Award Number: 4.9.19.016
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 terms 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 Recipient shall invoice King County for Project work,utilizing the entire award of
$56,378 by June 30,2022. if the award is not expended entirely by this date, King
County has the discretion to either extend the grant period or 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
County's obligations are contingent upon the appropriation of sufficient funds by the
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Project Name: Downey Farmstead Restoration—Phase III Habitat Creation Award Number: 4.9.19.016
King County Council to complete the Scope of Work. If no such appropriation is made,
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_ By
Name By t
Name Name
Title wL--R 'J �sea D�ae�tz Dc1RP Title
Date r o- Y. E q Date
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Project Name: Downey Farmstead Restoration—Phase Ill Habitat Creation Award Number: 4.9.19,016
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EXHIBITA: PROJECT DESCRIPTION
PROJECT RECIPIENT DESCRIPTION MATCH AWARD
Downey City of Kent The City of Kent final Downey project will construct $3,2351431 $56,378
Farmstead nearly 2,000 LF of side channel to the Green River to
Restoration— provide rearing and refuge habitat for threatened
Phase III Habitat Chinook and other salmon species. The project will also
Creation 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 Com leted
Task 1:Project Submit reimbursement request forms,backup documentation for billing,and 2% Mar.2022
Administration progress reports at least every 6 months.Submit a Fiscal Closeout form and a
(Required) Closeout Report form with the final reimbursement request.
Task 2: Construction Contract to build the side channel network including: 83% Dec. 2 221
• Mobilization for construction including signage,traffic control
• Eroslon control,clear and grub and remove trees(to be used as slash in
engineered log jams);
• Excavate,haul and dispose of 170,000 CY of sail(remaining amt.after
Phase I&11)including isolation of new channel from main Green River
flow to build 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.
Task 3: Contract management,inspection and administration t: -15% Mar.2 222
EXHIBIT C: BUDGET SUMMARY
Budget Item Grant Request
Staffing
$7,188
Project Supplies $391
Commercial Services&Crew Time $48,799
TOTAL $56,378
Page 6 of 6
Agreement Routing Form
KENT For Approvals,Signatures and Records Management
WASHINGTON
This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Originator. Cheryl Viseth for M. Dahl Department: Public Works
_ Date Sent: 9/27/2019 Date Required: 10/4/2019
R
LAuthorized Director or Designee Date of
a
to Sign: Council N/A
a Mayor Approval:
Budget D20074 Grant? Yes No
Account
Number. Type: N/A
Vendor
Name: King County Flood Control District Category. Grant: Non-Real Property
Vendor
o Number:
54619 Sub-Category Other
R Project
E Name: Downey Farmstead Restoration Phase III Habitat Creation
0
Project
C Details: Construction of side channel to the Green River for habitat rearing
C
0 Agreement Basis for
$56,378
y Amount: Selection of Interlocal Agmt
L Contractor:
a
Start Date: Date of execution /0�`/�i�/y Termination Date: June 30, 2022
Notice required prior to
Yes No Contract Number:
disclosure?
Daryf6weiiby i Attorney: Comments:
C IVE
P
2
0
#all
A EA
T LAW.�
DEpT RECEIVED
is
_Im Date Routed to the Mayor's Office:
Vf
0 Da Routed to the City Clerk's Office:
�or City of Kent Date Sent to Mayor iginator: �b
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