Loading...
HomeMy WebLinkAboutCAG2022-453 - Original - King County Flood Control District - Cooperative Watershed Management Grant - 12/14/2022DocuSign Envelope ID: CC26C968-F61 E-4FAC-Al EC-B853B76FFOC9 NT OFFICIAL USE ONLY Sup/Mgr: greement Routing Form DirAsst: • For Approvals, Signatures and Records Management Dir/Dep: KENT This form combines & replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Nancy Y for Rowena Valencia-Gica Public Works Date Sent: Date Required: * > 12/05/2022 12/12/2022 Q Authorized to Sign: Date of Council Approval: Q QMayor or Designee 11/ 15/2022 Budget Account Nu mbe Grant? Yes NoE] D00061(PWE);P00007 (Parks) Budget? Yes Type' N/A Vendor Name: Cate or King County Interlocal Vendor Number: Sub -Category: Other 0 ' Project Name: Habitat Area A (PWE) & Mill Creek Riparian Revegetation (Parks) i Project Details: Habitat Area A: Construction of a large off -channel habitat at the Lower Russell Road Levee project site within the GRNRA between River Mile 18.0 to 18.3. Grant of $200,000. C Mill Creek Revegetation:Remove invasive species and plant native species on —3000 LF of Mill Creek at Mill Creek Canyon Park and Earthworks Canyon Park. Grant of $89,941. C Agreement $289r941 Basis for Selection of Contractor: Other E * Memo to Mayor must be attached 3- Start Date: Termination Date: October 31, 2025 Local Business? Yes F—]No* If meets requirements per KCC 3.70. 100, please complete 'Vendor Purchose-Local Exceptions" form on Cityspace. Q Business License Verification: ❑ YesF]ln-Process❑Exempt (KCC 5.01.045) Notice required prior to disclosure? Contract Number: F--]YesF—] No CAG2022-453 Comments: Date Received: City Attorney: 12/5/22 Date Routed: Mayor's Office 12/8/22 City Clerk's Office 12/12/ adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev. 20210513 DocuSign Envelope ID: CC26C968-F61 E-4FAC-Al EC-138531376FFOC9 KENT W A 5 H I N G T O N DATE: November 15, 2022 TO: Kent City Council SUBJECT: King County Flood Control District - Cooperative Watershed Management Grant - Authorize MOTION: I move to authorize the Mayor to sign the King County Cooperative Watershed Management Grant Agreement, in the amount of $289,941, subject to final terms and conditions acceptable to the Public Works and Parks Directors and City Attorney. SUMMARY: The grant covers two separate projects: $200,000 for Public Works' Lower Russell Habitat Area A, and $89,941 for Parks' Mill Creek Canyon Riparian Revegetation. The Lower Russell Habitat Area A project involves the excavation of a new off - channel habitat area and installation of large woody structures that will provide rearing and refuge habitat for juvenile Chinook salmon. This project is associated with the Lower Russell Levee Setback project --part of the overall flood management strategy for the lower Green River. The City of Kent will use the Cooperative Watershed Management funding to conduct an alternatives analysis, wetland design, hydrogeological study, archaeological survey, geotechnical analysis, stakeholder coordination, refine the 60% preliminary design, prepare a maintenance, monitoring and adaptive management plan, and prepare permit documents to construct Habitat Area A. Mill Creek Canyon Riparian Revegetation will involve invasive weeds removal and subsequent replanting of the riparian corridor along Mill Creek at Mill Creek Canyon Park and Earthworks Park. In 2020, the City began a major cleanup and nature trail maintenance project through the Mill Creek Canyon Park stream corridor. This project will expand this effort by conducting riparian enhancement along 3,000 feet of Mill Creek. This work will increase community engagement, environmental education, nature trail usage, and participation in hands on volunteer events. BUDGET IMPACT: Grant funds will be added to the Drainage Fund ($200,000) for Public Works' Lower Russell Habitat Area A, and the General Fund ($89,941) for Parks' Mill Creek Canyon Riparian Revegetation. DocuSign Envelope ID: CC26C968-F61 E-4FAC-Al EC-138531376FFOC9 SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Grant Agreement (PDF) 11/07/22 Public Works Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 11/15/2022 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer DocuSign Envelope ID: CC26C968-F61 E-4FAC-Al EC-I3853I376FFOC9 Project Names: Award Numbers: Project No. 1: Habitat Area A 4.9.22.012 Project No. 2: Mill Creek Canyon Riparian Revegetation 4.9.22.027 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, 2025. Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079, Kim.hgMer(cr�,kin cg ount .aov. Primary Contacts for Recipient: Project No. 1: Rowena Valencia-Gica, 253-856-5551, Rvalenciakkentwa.gov. Project No. 2: Margaret Wagner, Natural Areas Specialist, 206-798-7894, Mwagnerkkentwa. 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 2021-12 on November 9, 2021, authorizing the King County executive or his designee to develop and administer a grant award program of up to $10,309,697 in 2022 for water quality, water resources and habitat restoration and management projects and activities 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 applications to its respective WRIA forum or committee for the Projects, as described in Exhibit A attached hereto and incorporated herein by this reference, and that body has recommended the Projects for funding under Page 1 of 8 DocuSign Envelope ID: CC26C968-F61 E-4FAC-Al EC-I3853I376FFOC9 Project Names: Award Numbers: Project No. 1: Habitat Area A 4.9.22.012 Project No. 2: Mill Creek Canyon Riparian Revegetation 4.9.22.027 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"); 1.6 Whereas the District's Board of Supervisors has received a list of proposed projects that includes the Projects, and the Board of Supervisors has approved the Projects, in Resolution FCD2022-09, for funding up to the amount of $289,941 as follows: $$200,000 for the Project titled "Habitat Area A", and $89,941 for the Project titled "Mill Creek Canyon Riparian Revegetation' ; 1.7 Whereas King County has received Scopes of Work and Budgets for the Projects from the Recipient and has determined that the Scopes of Work, attached hereto and incorporated herein as Exhibit B-1 and B-2, collectively referred to as "Scopes of Work", and the Budgets, 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 Projects. 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 $289,941 from District funds (the Award). The Award shall be used by the Recipient solely for the performance of the Projects. 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 Scopes of Work of this Agreement and in accordance with the Project Budgets. 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 Scopes of Work and issuance of the Final Reports, as further described below. 2.4. Activities carried out for these Projects 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 Scopes of Work of this Agreement; 3) the expenses are incurred in carrying out the Scopes of Work and are authorized by the Award as identified in the Budgets of this Page 2 of 8 DocuSign Envelope ID: CC26C968-F61 E-4FAC-Al EC-I3853I376FFOC9 Project Names: Award Numbers: Project No. 1: Habitat Area A 4.9.22.012 Project No. 2: Mill Creek Canyon Riparian Revegetation 4.9.22.027 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 for each project separately using the Request for Payment form and Progress Report form, or online equivalents to these forms upon the County's implementation of an online reporting database, for those documented and allowable expenses identified in the Budgets and according to the rules set forth in the Grant Policies and Procedures. 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 Scopes of Work of this Agreement, and identified as such in the Request for Payment. The amount of the advance may not exceed 25% 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 for each Project 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 reports may be submitted on the Close-out Report form or online equivalent to this form upon the County's implementation of an online reporting database. Each final report shall include a summary of each 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. Page 3 of 8 DocuSign Envelope ID: CC26C968-F61 E-4FAC-Al EC-B853B76FFOC9 Project Names: Award Numbers: Project No. 1: Habitat Area A 4.9.22.012 Project No. 2: Mill Creek Canyon Riparian Revegetation 4.9.22.027 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 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, and the WRIA as a funding partner, for the Projects on all printed, online, and electronic documents; signage or press releases; audio-visual materials; or any other materials produced in association with the Projects. Grant recipients shall submit documentation of acknowledgement activities with their final reporting documents. 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 parry 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 parry and that such party is bound by the signature of such representative. Page 4 of 8 DocuSign Envelope ID: CC26C968-F61 E-4FAC-Al EC-B853B76FFOC9 Project Names: Award Numbers: Project No. 1: Habitat Area A 4.9.22.012 Project No. 2: Mill Creek Canyon Riparian Revegetation 4.9.22.027 3.5. The Projects shall be completed by no later than December 31, 2025. In the event that the Projects are 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 County'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, this Agreement will terminate at the close of the appropriation year for which the last appropriation that provides funds under this Agreement was made. KING COUNTY: DocuSigned by: By 207AF316BFOMB6... Name Josh Baldi Title Division Director. WLRD. DNRP RECIPIENT: BQ Name Dana Ralph Title Ma Date 12/14/2022 Date 12/12/2022 Page 5 of 8 DocuSign Envelope ID: CC26C968-F61 E-4FAC-Al EC-138531376FFOC9 Project Names: Award Numbers: Project No. 1: Habitat Area A 4.9.22.012 Project No. 2: Mill Creek Canyon Riparian Revegetation 4.9.22.027 EXHIBIT A: Project Descriptions WRIA Project Recipient Description Leverage Award Conduct an alternatives analysis, wetland design, hydrogeological and other studies; coordinate stakeholders; prepare a maintenance, monitoring and adaptive management plan; refine the 60% design; and begin preparing the permit application documents for Habitat Area A (formerly a part of 9 Habitat Area A the Lower Russell Levee Setback. King County will $300,000 $200,000 complete the initial phases of the project including City of limited stakeholder coordination and up to draft 60% design, after which the City of Kent will take Kent over the project to do the remaining tasks to produce the final 60% design and initiate the permits application process. Conduct invasive plant removal and subsequent Mill Creek Canyon replanting through the riparian corridor along Mill 9 Riparian Creek at Mill Creek Canyon Park, Earthworks Park, $170,000 $89,941 Revegetation and Senior Center Park in Kent. The project will be conducted through a combination of contractor, staff, and volunteer efforts. TOTALS $470,000 $289,941 Project Locations: Project No. 1: The project is located in WRIA 9 on the east bank of the Lower Green River at River Mile 18.0-18.3 within the City of Kent. This area is downstream of the City of Kent's new Van Doren's Landing Park and includes a portion of the City of Kent's Green River Natural Resources Area (GRNRA). The site is part of the Lower Russell Levee Project Habitat Areas. Project No. 2: South Fork Mill Creek; approximately 8.5 miles upstream of the confluence with the Lower Green/Duwamish River via the Black River Pump Station. Page 6 of 8 DocuSign Envelope ID: CC26C968-F61 E-4FAC-Al EC-B853B76FFOC9 Project Names: Award Numbers: Project No. 1: Habitat Area A 4.9.22.012 Project No. 2: Mill Creek Canyon Riparian Revegetation 4.9.22.027 EXHIBIT B-1: Scope of Work for Habitat Area A Estimated Month/Year Task Title Task Description (Include Activities and Deliverables) Percent of Task will be Grant Budget Completed Task 1: Project Submit reimbursement request forms, backup documentation for 5.5% October Administration billing, and progress reports at least every 6 months. Submit a 2025 (Required) Fiscal Closeout form and a Closeout Report form with the final reimbursement request. Deliverables include Progress Reports, Reimbursement Requests, Invoice Processing, Billing Documentations, Fiscal Closeout, Other Finance forms. Task 2: Conduct an Alternatives Analysis focused for the design of 60% October Assessments Habitat Area A taking into consideration channel sinuosity, 2025 habitat complexity, and flood storage capacity, Hydrogeologic Studies (to assist in the design of the off -channel and wetlands), and Wetlands Design and Hydrogeologic studies (based on microtopography, hydrogeologic factors, hydrologic connectivity, and planting diversity); Prepare a monitoring, maintenance and adaptive management plan. Task 3: Cultural Conduct Archaeological Surveys and Section 406 consultations. 20% October Resources 2025 Task 5: Design Refine the 60% plan from King County and submit the final 60% 10% October Plans, Specifications, and Cost Estimate; Deliverables include 60% 2025 Plans, Specifications, and Cost Estimate. Task 4: Meetings with stakeholders on project design and permitting 2.5% October Stakeholder with meeting notes prepared. 2025 Coordination Task 6: Prepare preliminary permit application documents (DARPA, City of 2% October Permitting Kent permits, SEPA). 2025 EXHIBIT B-2: Scope of Work for Mill Creek Canyon Riparian Revegetation Estimated Month/Year Task Title Task Description (include Activities and Deliverables) Percent of Task will be Grant Budget Completed Task 1: Project Submit reimbursement request forms, backup December Administration documentation for billing, and progress reports at least 2025 (Required) every 6 months. Submit a Fiscal Closeout form and a Closeout Report form with the final reimbursement request. Task 2: Photo Point Kent staff will establish at least 4 long term photopoints 5% November Establishment before the first round of invasives removal and will re -take 2025 them at least 2 more times before the end of this grant term. Task 3: Knotweed and Kent staff will collect invasive species mapping to facilitate 5% June 2023 Blackberry Mapping contractor coordination prior to treatment and to establish pre-treatment weed footprints. Page 7 of 8 DocuSign Envelope ID: CC26C968-F61 E-4FAC-Al EC-138531376FFOC9 Project Names: Award Numbers: Project No. 1: Habitat Area A 4.9.22.012 Project No. 2: Mill Creek Canyon Riparian Revegetation 4.9.22.027 Estimated Month/Year Task Title Task Description (Include Activities and Deliverables) Percent of Task will be Grant Budget Completed Task 4: Blackberry, Kent Staff or Contractors will cut rings in all climbing ivy 5% December Climbing Ivy, and trees, will cut/stump treat weed trees in the project area 2024 Weed Tree Cut Work (holly and laurel) and will cut large blackberry thickets to increase access and spray efficacy of herbicide treatments after resprouting. Task 5: Blackberry, Contractors will conduct annual herbicide treatments of all 50% August 2025 Knotweed, and Ivy target weed species in the project area. We expect this to Herbicide Treatment be approximately 4 acres but more exact treatment area data will be collected during treatment. Task 6: Planting Kent staff, volunteers, and community partners will install 15% November at least 1000 native plants along 1000 linear feet of Mill 2025 Creek targeted towards areas that fall below 2200 native stems per acre (either pre -project or after invasives removal). Task 7: Environmental Kent staff, with at least two community partners, will 15% November Education and coordinate at least 3 community engagement and 2025 Community environmental education events in the project area. Engagement (including Volunteering) Task 8: Project Quantitative vegetation monitoring to assess native stem 5% August 2025 Monitoring density will be conducted once in 2023 and once in 2025. Qualitative site evaluations to assess planting and invasives treatment success will be done at least once a year. EXHIBIT C: Budget Summary Budget Item Grant Award Amount Habitat Area A Mill Creek Canyon Riparian Revegetation Totals Staffing $20,000 $20,800 $40,800 Project Supplies $5,500 $5,500 Commercial Services & Crew Time $180,000 $58,550 $238,550 Office Expenses/Overhead $5,091 $5,091 Total $200,000 $89,941 $289,941 Page 8 of 8 CWM Grant Policies & Procedures 1 August 2022 Cooperative Watershed Management Grant Program Policies and Procedures Revised August 2022 Contents CWM Grant Policies & Procedures 2 August 2022 1) AUTHORITY 2) PROGRAM 3) SERVICE PROVIDER 4) COOPERATIVE WATERSHED MANAGEMENT GRANT PROGRAM ROLES a) Water and Land Resources Division b) The WRIA’s 5) APPROVAL OF PROJECTS 6) AGREEMENTS, SCOPE OF WORK AND BUDGET a) Scope of work and deliverables b) Budget, cost basis and overhead 7) PAYMENT AND REPORTING a) Invoicing b) Frequency c) Advances d) Expenses incurred prior to the duly executed Agreement e) Final Request for Payment f) Budget Deviation 8) REFUND 9) FINAL REPORT 10) MATCH 11) FISCAL RECORD KEEPING 12) DUE VIGILENCE OF WORK 13) INDEMNIFICATION CLAUSE 14) ACKNOWLEDGEMENT 15) AMENDMENT a) Scope of Work Change b) Budget Change c) Time of Performance Amendment and Termination of Project 16) DISPUTE RESOLUTION 17) SUPERSEDING AUTHORITY APPENDICES: Appendix A – Authorizing Resolution from King County Flood Control District Appendix B – Cooperative Watershed Management Grant Program Overview CWM Grant Policies & Procedures 3 August 2022 TERMS USED IN THIS DOCUMENT  King County Flood Control District: In this document, this term will be referred to as “KCFCD”. The KCFCD is a special purpose district that was established in 2007 and is overseen by the nine members of the King County Council, comprising the KCFCD Board of Supervisors.  King County Water and Land Resources Division: This is a division of the King County Department of Natural Resources and Parks. The division administers the grant program. In this document it will be known as “WLR Division”.  Water Resource Inventory Area: In this document it will be referred to as WRIA and will refer collectively to WRIA 8, WRIA 9, WRIA 10 and the Snoqualmie Watershed Forum within WRIA 7.  Cooperative Watershed Management Grant Program: In this document it will also be referred to as the CWM Grant Program or the CWM Grants or the Grant Program.  Recipient: Entity receiving the grant award.  Agreement: The legally binding document signed by King County and the Recipient that includes the recitals, the terms and conditions, and the exhibits of the grant award. POLICIES & PROCEDURES 1) AUTHORITY The Cooperative Watershed Management Grant Program is authorized by resolution of the KCFCD on an annual basis by appropriation. The authorizing King County Flood Control District resolution for 2022 is FCD2022-09 and is included here as Appendix A. The State of Washington authority enabling the CWM is defined in RCW 86.15.035. 2) PROGRAM The Cooperative Watershed Management Grant Program is described in Appendix B. Monitoring projects or projects that promote community stewardship for salmon restoration must also benefit King County in a manner commensurate with the award. 3) SERVICE PROVIDER King County Department of Natural Resources and Parks, Water and Land Resources Division is the service provider for the KCFCD and implements the District's annual work program and budget. 4) COOPERATIVE WATERSHED MANAGEMENT GRANT PROGRAM ROLES a) Water and Land Resources Division: At the request of the KCFCD, King County has established a grant program to carry out the contractual and fiscal management of the CWM and ensures that the proposed projects conform with the authorities enabling this grant program and with any policy included in this Policies and Procedures manual. Further responsibilities are covered under various sections below. WLR Division is also responsible for submitting a list of finalist proposals submitted by each WRIA to the KCFCD Board of Supervisors for its approval of projects to be funded. b) The WRIA’s: The WRIA’s are responsible for developing the review and selection process, eligibility and criteria in conformance with their mandate and strategic plan to recover salmon. The WRIA’s are responsible for outreach to potential government and non-government applicants, soliciting applications, reviewing and scoring proposals and submitting a list of finalists to their WRIA councils for approval. The links to the WRIAs’ web pages describing the CWM Program and their respective participation in the Program are as follows: CWM Grant Policies & Procedures 4 August 2022  SNOQUALMIE WATERSHED: http://www.govlink.org/watersheds/7/funding/default.aspx  WRIA 8: https://www.govlink.org/watersheds/8/funding/default.aspx#cwm  WRIA 9: http://www.govlink.org/watersheds/9/funding/default.aspx#cwm  WRIA 10: http://www.co.pierce.wa.us/index.aspx?NID=2875 Webpages are updated prior to the beginning of a request for proposal period and may vary for each WRIA. However, updated pages are normally posted in January or February. 5) APPROVAL OF PROJECTS Projects are approved for funding in the aggregate by the KCFCD Board of Supervisors. The Board will approve a project as proposed by the applicant; request modifications as a condition of the award and/or award a lower amount than the requested amount of the proposal. The Board can also reject a project in its entirety. 6) AGREEMENTS, SCOPE OF WORK AND BUDGET WLR Division is responsible for developing agreements between King County and the grant recipient. The budget and the scope of work must be written in such a way as to unambiguously support a claim made by either party to the Agreement. a) Scope of work and deliverables: The grant recipient and WLR Division will develop a scope of work and a budget that reflects a level of detail commensurate with the latest information possessed by the recipient. At minimum, the recipient must be able to identify for each scope of work task what will be performed, where it will be performed, by whom and how and what will be the share of the award for a given task. The products or “deliverables” must be described in a clear and quantifiable way. The application format of the scope of work emulates the same exhibit in the Agreement. b) Budget, cost basis and overhead: Budget items must show reasonable costs based on pricing for similar products and services as determined by WLR Division. A cost basis for each item or a group of similar items must be provided (number of units X cost per unit). Estimates based on prior experience with similar costs are acceptable. Staff, contract workers and consultants must be identified by title and role. Ultimately, all budget items that will be charged to the grant must be backed up by documentation and be auditable. 7) PAYMENT AND REPORTING King County shall pay the Recipient as follows: a) Invoicing The Recipient shall invoice King County using the Reimbursement Request Form, or equivalent forms provided by the County via an online grant management system, for documented and allowable expenses identified in the budget. All invoices must be accompanied by a Progress Report, or online equivalent, and supporting documentation for claimed expenses. Supporting documentation may take the form or one or more of the following: receipt copies, invoices from contractors, ledger-based copies from the recipient’s accounting software, cancelled checks and payroll records. CWM Grant Policies & Procedures 5 August 2022 Splits: If a cost item is shared between two or more funding streams, the actual share to be paid by King County must be broken out either in the back-up document or in an explanatory memo attached to the back-up documents. Secondary sources: Secondary sources such as an excel spreadsheet or a memo of expenses are allowable ONLY if they supplement the primary sources of fiscal information enumerated above. Loss of supporting fiscal data: In the event of a loss of supporting documentation, an affidavit in lieu of back-up documents shall be allowable if signed by the person with signature authority for contractual matters. No payment shall be made without the documentation requested in this section. b) Frequency Requests for payment (or a progress report in lieu of reportable expenses) 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. c) Advances Advances are allowable only for anticipated expenses to be incurred in the next three months from the date of submission of the request for work described in the scope of work, and identified as such in the request. Documentation of payments made from advances shall be submitted to King County prior to any further requests for Award funds. No advances shall exceed 25% of the total Award. d) Expenses incurred prior to the duly executed Agreement Project activities and expenses incurred by the Recipient may predate the execution date of the Agreement provided that: 1) they have been identified by recipient as being within the scopes of nos. 2) and 3) below, and have been approved by the County as being within such scopes; 2) The activities are specified in the scope of work of the 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 the Agreement; 4) such activities and expenses otherwise comply with all other terms of the Agreement; and 5) the KCFCD Board of Supervisors has approved the list of proposed grants by resolution. Reimbursements shall be paid to the recipient only after the Agreement has been fully executed. It should be duly noted that the recipient has no legal claim against King County for these expenses in the event of a failure to execute the Agreement. e) Final Request for Payment The final payment will not be made without the submission of a Closeout Report Form and a Fiscal Close-out Form or equivalents provided by the County via an online grant management system. King County reserves the right to deny payment for any amount charged to the award that fails to meet the conditions of the Agreement. f) Budget Deviation CWM Grant Policies & Procedures 6 August 2022 A cumulative deviation in expenses of 10% or more of the award for one or more line item in the budget will require an amendment. The request for amendment must be initiated by the Recipient. A request to fund an item in a category not recognized in the budget will also require an amendment regardless of the amount being re-distributed. Until the cumulative deviation in expenses reaches 10%, the recipient shall notify King County via e-mail or written correspondence of the purpose and amount of the budget deviation. 8) REFUND The Recipient shall be required to refund to King County any amount disputed by King County where the dispute is resolved in favor of the County (see Section 16). Payment for the grant is on a cost-reimbursement basis – any portion of the Award that is not expended or remains after completion of the scope of work shall be retained by King County. 9) FINAL REPORT The Recipient shall submit to King County a final report which documents the completion of the work in conformance with the terms of this Agreement no later than thirty (30) days after the end date of the agreement. The final report shall, among other things, summarize the project’s successes and shall address the watershed benefits accomplished by the work. This shall be submitted in a format provided by King County (or similar alternative format) for this purpose as described in Appendix D. This shall also include completing a Fiscal Closeout Report Form (see Appendix E). 10) MATCH/LEVERAGE If an in-kind or cash match is stated in the Agreement budget then the Recipient must declare in the final report that such a match has been secured in the amounts and from the sources stated. Any anticipated decrease in match must be reported to King County who will make the determination to amend the Agreement based on the amount and the nature of the anticipated cut. The absence of such a notification in a timely manner would be an indication that the recipient has not met the terms and conditions of the Agreement. Match documentation shall be detailed and follow the same format as the budget but it does not require primary source back-up. 11) FISCAL RECORD KEEPING The recipient's expenditures shall be separately identified in the Recipient's accounting records and the recipient shall comply with reasonable requests made by King County regarding how project expenditures are tracked. The Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles and to meet the requirements of all applicable state and federal laws concerning the duration and method of maintaining these records. 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. Non-profit corporations will follow the same record retention schedule. 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. CWM Grant Policies & Procedures 7 August 2022 King County or its representative, and the KCFCD 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 the Agreement. 12) DUE VIGILENCE OF WORK 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 federal laws and regulations. The Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 13) INDEMNIFICATION CLAUSE The Recipient agrees to indemnify, defend and hold harmless King County, and the KCFCD, 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 the Agreement. 14) ACKNOWLEDGEMENT The Recipient agrees to acknowledge the KCFCD as a source of funding for the project on all literature, signage or press releases related to the project. Specific language concerning the recognition of the funding source may vary from project to project and it shall be the responsibility of the recipient to request from King County the KCFCD logo that may be used in this acknowledgement. 15) AMENDMENT No amendment to this Agreement shall be binding on any of the parties unless modified by written amendment executed by authorized representatives of King County and the recipient. The process for initiating an amendment is as follows: a) Scope of Work Change A request for an amendment must be made to King County if the recipient anticipates a material change to the scope of work that result in a change of location, the nature or scale of the deliverables, the tasks enabling these deliverables, and/or the budget. Requests for amendments may be initiated by emailing the Grant Administrator at King County. Depending on the extent of proposed change, King County may submit the request to the Snoqualmie Watershed Forum or WRIA 8, 9 or 10, as the case may be, for its approval and recommendations. The Forum or WRIA will forward its approval (and recommendations) to King County. King County will make the final determination to amend the Agreement. Such a determination may require a legal review of the request. b) Budget Change Cumulative budget changes of 10% or more, or that involve a new cost category shall follow the same procedure as above. c) Time of Performance Amendment and Termination of Project If the recipient must make a change to the scope of work and final date of the Agreement, an amendment will be issued by King County at its discretion after gaining authorization from the Flood Control District. In the event that the Project is not CWM Grant Policies & Procedures 8 August 2022 completed by the final date of the Agreement, King County has the discretion, but not the obligation, to terminate this Agreement and request and receive any unexpended Award funds that may be held by the Recipient. 16) DISPUTE RESOLUTION If a dispute arises between the Recipient and King County regarding any noncompliance with this Agreement, the parties shall attempt to resolve the dispute by informal resolution. A dispute shall be considered to have arisen when one party notifies another, in writing, that there is a dispute. If the parties cannot resolve the dispute informally within thirty (30) days, it shall be referred for resolution to the Division Director of WLR Division, or other representative as designated by WLR Division and may be elevated to a higher level if deemed necessary by either party. This provision shall not be construed as prohibiting either Party from seeking enforcement of the terms of this Agreement, or relief or remedy from a breach of the terms of this Agreement, in law or in equity. CWM Grant Policies & Procedures 9 August 2022 APPENDIX A CWM Grant Policies & Procedures 10 August 2022 CWM Grant Policies & Procedures 11 August 2022 CWM Grant Policies & Procedures 12 August 2022 CWM Grant Policies & Procedures 13 August 2022 CWM Grant Policies & Procedures 14 August 2022 CWM Grant Policies & Procedures 15 August 2022 CWM Grant Policies & Procedures 16 August 2022 CWM Grant Policies & Procedures 17 August 2022 CWM Grant Policies & Procedures 18 August 2022 CWM Grant Policies & Procedures 19 August 2022 CWM Grant Policies & Procedures 20 August 2022 CWM Grant Policies & Procedures 21 August 2022 CWM Grant Policies & Procedures 22 August 2022 CWM Grant Policies & Procedures 23 August 2022 CWM Grant Policies & Procedures 24 August 2022 CWM Grant Policies & Procedures 25 August 2022 CWM Grant Policies & Procedures 26 August 2022 CWM Grant Policies & Procedures 27 August 2022 CWM Grant Policies & Procedures 28 August 2022 CWM Grant Policies & Procedures 29 August 2022 CWM Grant Policies & Procedures 30 August 2022 APPENDIX B Cooperative Watershed Management Grant Program Overview PURPOSE This funding source will implement WRIA priorities of the Snoqualmie Watershed Forum (WRIA 7), the Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Salmon Recovery Council, the Green/Duwamish Central Puget Sound Watershed (WRIA 9) Ecosystem Forum, and the Puyallup/White Watershed (WRIA 10) Citizens’ Advisory Committee to recover ESA-listed salmon species and restore watershed ecosystems. The priorities, driven primarily by WRIA salmon conservation plans, include habitat restoration and protection, water quality improvements, regionally-coordinated monitoring, watershed planning, stewardship, outreach, and education. ELIGIBLE ACTIVITIES: o Feasibility Study o Project Design o Project Construction o Property Acquisition o Programmatic (such as monitoring, education, planning) AWARD AND PERFORMANCE DATES For 2022, the Snoqualmie Watershed Forum (WRIA 7) was allocated $2,046,475, WRIA 8 Salmon Recovery Council and WRIA 9 Watershed Ecosystem Forum were allocated $3,866,136 each, and the WRIA 10 Citizen’s Advisory Committee was allocated $530,950 in grant funds for salmon recovery projects and activities. WRIAs may award a higher total than allocated due to returned funds from previous years. Project length is limited to three years from the date of execution of the grant agreement unless an amendment is approved extending the time period. AUTHORITY FCD Resolution No. FCD2022-09 authorizes the expenditure of KCFCD funds on cooperative watershed management arrangements and actions for purposes of water quality and water resource and habitat protection and management. There is also an agreement, entitled “Interlocal Agreement between King County and the King County Flood Control Zone District Regarding Flood Protection Services” that authorizes King County staff to administer the grant funds. PROGRAM NEED Foremost, these grants help carry out the WRIA salmon conservation plans for ESA listed species for each of the four WRIA’s according to annual priorities set by the WRIA Forums that are based in King County. Projects must address high priority habitats or watershed processes that significantly influence productivity in each basin. To ensure high quality projects, only that that have been scientifically vetted and ranked competitively by their respective WRIA decision-making body will be proposed for funding. ELIGIBILITY King County, cities and towns located in King County, special purpose districts, state and federal government agencies, tribes, public schools, and non-profit organizations are eligible entities. Individual persons and for-profit businesses are not eligible. CWM Grant Policies & Procedures 31 August 2022 SELECTION The grant solicitation and selection process in WRIAs 7, 8, and 10 typically occurs in early spring and the WRIA Forums/Committees recommend projects for funding in late spring. WRIA 9 issues an approved project list recommendation in spring of each year. The WRIAs review and rank applications based on WRIA salmon conservation plan priorities and project merit according to a set of WRIA ranking criteria and will present a list of recommended projects to the KCFCD. King County ascertains eligibility and proposal completeness (including scope-of-work and budget that will be integrated in the agreement instrument) and presents the recommended list of eligible projects of each WRIA Forum/Committee to the KCFCD Executive Committee, who reviews and forwards a recommendation to the KCFCD Board of Supervisors for approval. Typically, the KCFCD Executive Committee issues their recommendation in July of each year, with the Board issuing approval in July or August. Funding will be available to project sponsors the same year funds are awarded, once a grant agreement is complete. AGREEMENT AND FISCAL MATTERS Interagency grant agreement recipients will invoice King County and provide verifiable expenses and a progress report of the scheduled deliverables according to the agreement scope-of-work. Upon request, one time advances of up to 25% of the award are allowable provided that each such advance only covers upcoming expenses related to the next phase of the project. Amendments to the grant agreements are allowed, conditioned upon approval by the appropriate WRIA representative and King County. Upon project completion, a final report is required that describes the accomplishments of the project. The CWM Grant Program is administered by the King County Department of Natural Resources and Parks, Water and Land Resources Division. Date: Recipient Organization: REMIT Address: (where you want reimbursement sent) PROJECT NAME: Request Number: _______ - AWARD NUMBER Contact Name: Phone: Budget Line Item (From Exhibit C Budget in agreement or latest approved amendment) Amount Budgeted (From Exhibit C Budget - use latest approved amendment)Current Request Advance Reconciliation (expenses covered by advance) Amount of all Prior Requests (do not include advances as a line item) Award Balance Remaining $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL $ - $ - $ - $ - $ - ADVANCE REQUESTED (for next period) GRAND TOTAL $ - ADVANCE FROM LAST INVOICE ADJUSTED AGAINST PREVIOUS ADVANCE $ - THIS REQUEST $ - (Form Revised Oct 2021)Please e-mail all documents to: Phone: 206-477-6079 Email: Kim.harper@kingcounty.gov Water and Land Resources Division Kim Harper ADVANCE EXPLANATION: Instructions: Complete this spreadsheet and attach backup documentation of your expenses such as financial / accounting system reports, invoices, receipts. Water and Land Resources Division River and Floodplain Management Section King County Cooperative Watershed Management Grant Reimbursement Request Dates (beginning & end date for this claim): ACH Page 1 King County Water and Land Resources Division CLOSEOUT REPORT FOR CWM GRANTS Date Report Completed King County Award No.: Project Title Recipient Organization Contact’s Name/Phone/Email Project Start and End Dates Financial Summary: Grant Award: Grant $ Spent: Leverage $ Spent: Total Project Cost: Instructions: Enter the numbers achieved for the listed measures of success that apply to this project for just the work achieved with the grant funds. Then, in narrative format, summarize the environmental problem being addressed, project accomplishments, regional benefits, etc. (See headings in Narrative Section on page 2). Measure Unit of Measure Number Achieved w/ Grant Funds RESTORATION Fish passage barriers removed or improved to allow passage Number of barriers removed/improved Linear feet of stream made accessible Stream channel reconstructed or new channel constructed Linear feet of resulting channel Floodplain/aquatic habitat reconnected: (For side channel, backwater, and wetland, use approximate area wetted at median flows; do not double-count acreage in more than one category) Linear feet of side channel reconnected Acres of backwater area reconnected Acres of wetland reconnected Acres of 100-year floodplain area reconnected Levee/bank armoring removed Linear feet Net increase in shoreline length Linear feet of stream, lake or marine shore Riparian area planted Acres Linear feet of bank Noxious weeds and invasive plants treated or removed Acres Linear feet of bank Wood Installed: Count each structure only once. (Example types: engineered log jam, wood piling, root wad, log weir, individual anchored log, etc. Example purposes: bank protection/stabilization, habitat/pool creation, floodplain interactions/flow splitting) Type of structure Purposes of structure Wetted at median flow In 100-year floodplain # structures: # structures: # wood pieces: # wood pieces: # structures: # structures: # wood pieces: # wood pieces: # structures: # structures: # wood pieces: # wood pieces: PROTECTION BY ACQUISITION OR EASEMENT Area permanently protected through acquisition or easement Number of parcels Acres in FEMA 100-year floodplain Acres outside of floodplain Linear feet of bank (riverine, lakeshore or marine) PUBLIC OUTREACH/EDUCATION Outreach, education or volunteer events Number of public events held Number of attendees or public contacts Number of schools provided education Number of students reached King County Water and Land Resources Division MONITORING Monitoring data collected List parameters and frequency of collection NARRATIVE SECTION: (Expand response spaces as needed) Environmental Problem Being Addressed: Project Accomplishments and Successes: Benefits to Watershed: Region-wide Benefits: Obstacles and Challenges: Lessons Learned and Recommendations for Future Projects: Where and how King County Flood Control District funding for project was acknowledged: