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HomeMy WebLinkAboutPL08-224 - Original - WA State Dept of Ecology - Comprehensive Shoreline Master Program - 07/01/2007 Records M - -0fe0mT"e% KENT Document W A 9 N 1 N O T O N C(aypNf-) CONTRACT COVER SHEET This Is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: 6L2:& mC Vendor Number: JD Edwards Number Contract Number: This is assigned by Deputy City Clerk Description: -5ku LW A^� Detail: (AhYI A r� ,�n�Sj�tC2-Y��j✓��� GA �1�' Qd � ��-G Project Name: 34k-04� Contract Effective Date: :2117 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Z jQj&� atj&� I1Y1 Department: (�9� behi Abstract: S Public\RecordsManagemenf\Forms\ConfractCover\ADCL7832 07/02 SMA Grant Agreement No. G0800311 between the State of Washington Department of Ecology and the City of Kent Project: Comprehensive Shoreline Master Program Update THIS is a binding agreement entered into by and between the State of Washington, Department of Ecology, (PO Box 47600, Olympia, Washington, 98504-7600)hereinafter referred to as the "DEPARTMENT"or as"ECOLOGY"and the City of Kent, hereinafter referred to as the"RECIPIENT to carry out the activities described herein as authorized by chapter 90.58 RCW and further described in chapter 173-26 WAC. RECIPIENT Name: City of Kent Community Development Department 220—4►h Avenue South Kent, WA 98032-5838 RECIPIENT Project Coordinator: Charlene Anderson Telephone Number: (253) 856.5431 E-mail address: canderson@ci.kent.wa.us Fiscal Contact for RECIPIENT: Charlene Anderson Telephone Number: E-mail Address: Payee on Warrant: City of Kent (address as above) Project Officer for the Department: Randy Davis,AICP Southwest Regional Office Olympia, WA98504 Telephone Number: 360.407.0242/Fax: 360.407.6305 E-mail address: rdav461 @ecy.wa.gov The source of funds provided by the DEPARTMENT is the Washington State Legislature for shoreline implementation. Maximum Eligible Project Cost: Fiscal Year 1 (7/1/07-6/30/08) $108,000. Maximum Eligible Project Cost: Fiscal Year 2 (7/1/08-6/30/09) $ 72,000. Maximum Eligible Project Cost: Fiscal Year 3 (7/1/09-6/30/10) 10 000." Total Project Cost: $190,000. "Year 3 funding is subject to legislative appropriation in Fiscal Year 2009-2010 and will be made available via formal amendment to this grant. The effective date of this agreement is from July 1, 2007 to June 30, 2009. Page 1 of 20 SMA Grant Agreement No. G0800311 between the Washington State Department of Ecology and the City of Kent 11 Scope of Work Project Title: Comprehensive Shoreline Master Program Update Description: The Recipient will complete an update of the Shoreline Master Program (SMP)that is developed and approved in a manner consistent with the procedural and substantive requirements of the Shoreline Management Act(SMA)and its implementing rules, including the shoreline master program guidelines, chapter 173- 26 WAC (Guidelines). The SMP update process includes completion of inventory and analysis reports with corresponding maps and illustrations that characterize shoreline ecological conditions; development of shoreline policies, environment designations, and use regulations; as well as analysis of existing and future shoreline use and related cumulative impacts, preparation of a shoreline restoration plan, and a formal local adoption process. The Recipient will incorporate public participation in all phases of the SMP update. The Recipient may use consultant support as appropriate. This Scope of Work is in three one-year increments that correspond to the steps needed to prepare a locally approved comprehensive SMP update: Work Program: The Recipient shall perform the following: Task 1: Project Coordination 1.1 Coordination with Ecology. The Recipient shall coordinate throughout the SMP update process with Ecology and other applicable state agencies, neighboring jurisdictions, and Indian tribes as provided in the Guidelines. In addition, the Recipient should consult with all other appropriate entities that may have useful scientific, technical, or cultural information, including federal agencies, watershed management planning units, salmon recovery lead entities, universities and other institutions, local individual outdoor recreationists and conservationists, and organizations with special expertise representing these interests. To assist the Recipient and ensure project results are consistent with the SMA and its' implementing Guidelines, the Recipient, as part of this agreement, shall coordinate with Ecology's Project Officer by means of telephone conversations and/or meetings at the beginning of each quarter. The Recipient is encouraged to coordinate more often whenever the Department can provide technical assistance or respond to questions regarding the project or grant. 1.2 Public Participation Plan. The Recipient shall prepare a public participation plan that identifies specific objectives, key parties (Planning Commission and elected officials, shoreline property owners, state agencies, Indian tribes, local residents, neighboring jurisdictions, etc.), and establishes timelines for public participation activities. The Recipient will establish a Citizens'Advisory Committee (CAC) comprised of key interest groups. The public participation plan shall be designed and implemented to ensure consistency with the shoreline Guidelines requirement for early and continuous public participation. 1.3 Consultant Services. The Recipient shall prepare a detailed scope of work, consistent with the grant scope of work, and retain consultant services to assist with the completion of this project. Page 2 of 20 SMA Grant Agreement No. G0800311 between the Washington State Department of Ecology and the City of Kent Deliverables: Public Participation Plan Citizens'Advisory Committee minutes Quarterly progress reports Consultant contract Due Date: Public Participation Plan, due November 30, 2007 Citizens'Advisory Committee minutes, due quarterly Quarterly progress reports, due quarterly Consultant contract, due August 31, 2007 Task 2: Shoreline Inventory The Recipient shall prepare a draft and final shoreline inventory. The Recipient shall compile all pertinent and reasonably available data, plans, studies, inventories, maps and other applicable information. The shoreline Inventory will be prepared consistent with the shoreline Guidelines in WAC 173-26-201. The Recipient will collect the following information to the extent that such information is relevant and reasonably obtainable: • Shorelines of the State(all marine shorelines, streams >20 cfs mean annual flow, lakes>20 acres, and shorelands)as defined in RCW 90.58.030, located in the Recipient's jurisdiction. • General location of channel migration zones, floodplains, and the floodway. • Critical areas, including wetlands, aquifer recharge areas, fish and wildlife conservation areas, geologically hazardous areas, and frequently flooded areas, as defined in RCW 36.70A, the Growth Management Act (GMA). • Shoreline and adjacent land use patterns/density and transportation and utility facilities, including the extent of existing structures, impervious surfaces, vegetation and shoreline modifications within shoreline jurisdiction. • Degraded areas and sites with potential for ecological restoration. • Areas of special interest, such as priority habitats, rapidly developing waterfronts, previously identified toxic or hazardous material clean-up sites, and eroding shorelines. • Patterns and characterization of existing and potential shoreline public access sites, including public rights-of-way and utility corridors. The inventory will include descriptions of recorded public access easements, their prescribed use, maintenance and terms. • Historical aerial photographs documenting past conditions to assist in preparing an analysis of cumulative impacts of development. • Archaeological and historic resources in shoreline jurisdiction. • Policies and regulations for shorelands and adjacent areas that affect shorelines, such as surface water management and land use plans and regulations (critical areas ordinance, flood ordinance, etc.). Deliverables: Draft and final shoreline inventory including text and GIS map folio Due Date: Draft shoreline inventory, due November 30, 2007 Final shoreline inventory, due March 31, 2008 Page 3 of 20 SMA Grant Agreement No. G0800311 between the Washington State Department of Ecology and the City of Kent Task 3: Shoreline Analysis & Characterization The Recipient shall prepare a draft and final shoreline analysis and characterization of the city's shorelines and urban growth area. The Recipient will conduct an analysis of the information and data collected under Task 2, Shoreline Inventory, as it relates to development of an effective SMP. The shoreline analysis and characterization will be prepared consistent with the shoreline Guidelines in WAC 173-26-201. 3.1 Characterize Ecosystem-wide Processes. This characterization will include a coarse analysis of the broader area that influences the shoreline jurisdiction. It will include a narrative with reference to maps that describe and illustrate the processes in the larger drainage area that are linked to the shoreline through hydrologic flows. These processes include the uptake, transport and deposition of sediment, nutrients,woody debris and pollutants. Specifically, this characterization will: • Present the basic geographic context-geology, hydrology, soils, topography, climate, vegetation and drainage patterns, and a description of how this is relevant to the shoreline. • Delineate boundaries and map the land and water areas contained within SMA jurisdiction- addressing both the required minimum SMA jurisdiction areas and any optional (floodplain and critical area buffer) SMA jurisdiction areas for consideration and decision-making later in the SMP update process. • Note location and nature of major land uses, e.g. dams, railroads, logging, mining and irrigation. • Note location and nature of known pertinent regulatory activities, e.g. TMDL, ESA listings, contaminated sites. • Identify what issues can be addressed through the SMP and what are being addressed through other planning and regulatory mechinisms. • Identify opportunities for protection/restoration of upland and adjacent areas essential for maintaining shoreline form and function. 3.2 Characterize Shoreline Functions. This characterization will be a more detailed analysis of the shoreline jurisdiction that includes a narrative with reference to maps and GIS data. The shoreline will be separated into reaches based on land use and ecological processes (such as man-made physical features, stream confluences, or littoral drift cell boundaries). Functions will be described as they are associated with each shoreline reach. Specifically, this characterization will: • Detail the physical, biological, and land-use components within the shoreline jurisdiction. • Evaluate and assess shoreline ecological functions based on current scientific understanding of the relationship between the conditions of ecosystem-wide processes and conditions within shoreline jurisdiction. 3.3 Analyze Opportunities for Shoreline Protection, Restoration, Public Access and Use. The Recipient will; • Identify potential opportunities and possible impediments to the protection and restoration of ecological functions. • Identify current public access sites and opportunities for future access sites. • Conduct a shoreline use analysis that 1) identifies current and projected shoreline use patterns and potential use conflicts, 2)estimates future demand for shoreline space consistent with WAC 173-26-201 (3)(d)(ii). • Identify opportunities for appropriate shoreline (SMA preferred) uses and potential conflicts based on current use patterns and projected trends. Page 4 of 20 SMA Grant Agreement No. G0800311 between the Washington State Department of Ecology and the City of Kent 3.4 Shoreline Analysis & Characterization Report. The Recipient will prepare a draft and final shoreline analysis and characterization report. The report will include the analyses and maps produced under Task 3. The report will include recommended actions for translating inventory and analysis findings into proposed SMP policies, regulations, environment designations and restoration strategies. The report, with accompanying maps,will present recommendations that will be useful for making SMP planning decisions. Significant features of the landscape and activities occurring in adjacent lands that affect shoreline ecological function will be clearly described. More detailed information on shoreline reaches will also identify opportunities and constraints in: • Identifying necessary protection measures. • Restoring ecological functions. • Addressing the special requirements of shorelines of statewide significance. • Providing public access and protecting shoreline views and aesthetics. • Accommodating existing and future demand for water-oriented uses. Final synthesis maps will be produced that will inform the analysis report and illustrate findings. Coarser resolution vicinity maps will indicate jurisdictional boundaries,watershed boundaries, shorelines under SMA jurisdiction and adjacent areas and drainages that influence shoreline form and function. Maps at the shoreline management reach scale should illustrate applicable inventory features such as known presence of listed species, critical riparian or aquatic vegetation, existing land uses and shoreline modifications. Reach scale maps should also illustrate potential areas for shoreline use, public access, restoration and/or protection. Deliverables: Draft and final shoreline characterization report including text and GIS map folio Due Date: Draft shoreline characterization report, due March 31, 2008 Final shoreline characterization report, due July 31, 2008 Task 4: Draft Shoreline Master Program The Recipient shall prepare a draft SMP consistent with the SMA, shoreline Guidelines and the city's GMA comprehensive plan. 4.1 Community Visioning. The Recipient will conduct a community visioning process to determine citizen goals and aspirations with respect to the findings of the shoreline analysis and characterization. The visioning process will identify shoreline management challenges and opportunities in the community and shall be used to prepare a locally customized strategy for protecting shoreline ecological functions, water-oriented shoreline uses, public access and shoreline restoration consistent with the shoreline Guidelines. 4.2 Shoreline Goals and Policies. The Recipient will prepare draft shoreline goals and policies. These shall be consistent with the SMA; shoreline Guidelines and the city's GMA comprehensive plan. Public inputs from the community information and review meetings, and the various jurisdictions meetings shall be considered by CAC. 4.3 Shoreline Environment Designation System. The Recipient will prepare a draft shoreline environment designation system. It shall be consistent with the shoreline Guidelines in WAC 173-26- 211. The Recipient will prepare GIS maps illustrating recommended shoreline designations. The Page 5 of 20 SMA Grant Agreement No. G0800311 between the Washington State Department of Ecology and the City of Kent Recipient will prepare a text, which will accompany the GIS maps, providing the rationale for the recommended designations. 4.4 Shoreline Regulations. The Recipient will prepare draft shoreline regulations. These shall be consistent with the proposed goals, policies and environmental designations. The proposed shoreline regulations shall be consistent with shoreline Guidelines, specifically chapters 173-26 & 27 WAC. Deliverables: Draft goals & policies Draft environment designation system Draft regulations SMP Submittal Checklist, indicating completed portions. Due Date: August 31, 2008 Task 5: Cumulative Impact Analysis and Restoration Plan 5.1 Cumulative Impact Analysis. The Recipient shall prepare a cumulative impacts analysis,which evaluates the incremental and cumulative impacts of anticipated future uses and development allowed by the proposed SMP as an ongoing part of the SMP update process. Based upon the findings of the cumulative impacts analysis, the Recipient will adjust proposed SMP provisions as needed to demonstrate how no net loss of ecological functions will be achieved. The analysis will identify how proposed SMP standards will avoid and offset expected impacts of future permitted and exempt shoreline development for consistency with WAC 173-26-201(3)(d)(iii). 5.2 Restoration Plan. The Recipient shall prepare a shoreline restoration plan consistent with WAC 173-26-201(2)(0. The restoration plans will include the goals, policies and actions to restore shoreline ecological functions which have been degraded or impaired. Deliverables: Draft and final cumulative impact analysis Draft and final restoration plan Due Date: Draft cumulative impact analysis, due September 30, 2008 Final cumulative impact analysis, due January 31, 2009 Draft restoration plan, due February 28, 2008 Final restoration plan, due January 31, 2009 Task 6: SMP Approval Process The Recipient shall conduct a review and approval process for the draft SMP as provided in the shoreline Guidelines, WAC 173-26-100. 6.1 Final Draft SMP. The Recipient shall prepare a final draft SMP and submit it to Ecology for informal review together with supporting documentation. The SMP shall contain shoreline policies, regulations, environment designations, definitions, required administrative provisions, and a clear description of final SMP jurisdiction boundaries together with copies of any provisions adopted by reference. Page 6 of 20 S ` SMA Grant Agreement No.G0800311 between the Washington State Department of Ecology and the City of Kent 6.2 SEPA Review. The Recipient shall conduct a SEPA review pursuant to chapter RWC 43.21C, the State Environmental Policy Act. 6.3 GMA 60—Day Notice. The Recipient shall notify Ecology and the Department of Community, Trade and Economic Development of its intent to adopt the SMP as least sixty days in advance of final local approval for consistency with WAC 173-26-100 (5). 6.4 Public Hearing. The Recipient shall hold at least one public hearing prior to local adoption of the draft SMP, consistent with the requirements of WAC 173-26-100. 6.5 Responsiveness Summary. The Recipient shall prepare a summary responding to all comments received during the public hearing and the public comment period, discussing how the draft SMP addresses the issues identified during the public participation process. Deliverables: Final draft SMP SEPA determination GMA notice Public Hearing minutes SMP Submittal Checklist Due Date: June 30, 2010 Deliverables (to Ecology) The Recipient shall send all quarterly reports, payment requests, and deliverables to the Department's Project Officer as designated on Page 1 of this agreement. All deliverables may be submitted as digital or hard copies, except Task 2& 3 deliverables shall be submitted in both digital and hard copy media. Budget Summary and Conditions Budget Conditions Very Important Note: Due to state law, all state funds that are disbursed to local governments under these grants are appropriated in the state budget on an ann ual basis within the biennium. Funds appropriated for each fiscal year of the grant must be spent on eligible activities within that fiscal year. Local governments are not allow ed to carry unexpende d funds past those annual dates without an amendment to the grant agreement. Amending grant agreeme nts to shift money from one fiscal year to another will only occur after the legislature amends the biennial budget to revise the annual appropriations for the entire SMP Grant Fund. We are aware that state and local fis cal years are not on the same schedule;however, state law requires strict adheren ce to the state fiscal year for state agre ements. Grantees are strongly encouraged to actively manage their projects to ensure that spending occurs at budgeted levels. 1. Project Administration: For the administration of this agreement the RECIPIENT must follow the current edition of the Administrative Requirements for Ecology Grants and Loans (Yellow Book). Page 7 of 20 SMA Grant Agreement No G0800311 between the Washington State Department of Ecology and the City of Kent 2. Invoicing: • Grants are awarded on a reimbursable basis. The Recipient initially pays project costs in full. Upon presentation of an invoice to Ecology, Ecology's share of the project is reimbursed to the Recipient. • Expenditures will be monitored by the Ecology Fiscal Office for compliance with the budget(see below). Budget deviations are allowed between tasks(e.g., a grantee may spend less money on one task and more on another), but in no circumstances may the RECIPIENT exceed the total project cost. If the total of all budget deviations exceeds 10%of the entire project cost, the Ecology Project Officer may require a written budget redistribution. When submitting invoices to Ecology,the RECIPIENT shall itemize all costs by task and provide subtotals by task on Ecology's Form C2, Voucher Support Form. All payment requests must have forms A, B, C (and D if applicable), be accompanied by a commensurate progress report, and receive Ecology Project Officer approval before payment can be released. NOTE: For payment requests, the RECIPIENT must use the Ecology forms contained in the Yellow Book. Otherwise, Ecology will return requests to the RECIPIENT for submittal on the correct forms. ■ Forms-http://www.ecy.wa.00v/biblio/9118A.htmi ■ Yellow Book- http://www.ecy.wa.gov/biblio/9118.htmi • The RECIPIENT must maintain complete backup documents including but not limited to all invoiced costs and time sheets-signed and dated by employee and supervisor. The RECIPIENT must keep these expenses in grant files according to budget task for a period of three years after project completion and make them available at any time for inspection by the DEPARTMENT. • Requests for reimbursement must be submitted at least quarterly but not more than once per month by the RECIPIENT on state invoice voucher forms. • The indirect rate must not exceed 25 percent of direct (staff) labor and benefit costs. This rate covers space utilities, miscellaneous copying, telephone, motor pool, janitorial services, records storage, rental, county fiscal and legal services, etc. Items not included in this list must be reported with the first payment request and must remain consistent for the life of the grant. • Right to Audit: The Recipient agrees that payment(s) made under this grant shall be subject to reduction for amount charged thereto which are found after audit ex- amination not to constitute allowable costs under this grant. The Recipient shall refund by check payable to the DEPARTMENT the amount of such reduction of payments under completed or terminated grants. 3. Estimates: Near the end of each fiscal year, RECIPIENTS will receive an Estimate Form from Ecology's Fiscal Office.An estimate is the dollar amount you anticipate requesting from Ecology for project costs incurred through June 30 and have not yet submitted for reimbursement. RECIPIENTS must fill out and submit the form to Ecology by the specified due date. Ecology must have these estimates to ensure sufficient funds are reserved to reimburse RECIPIENTS for expenditures incurred within that specific fiscal year ending June Page 8 of 20 SMA Grant Agreement No. G0800311 between the Washington State Department of Ecology and the City of Kent 30. Failure to submit the Estimate Form by the due date could result in a considerable delay in payment from Ecology. Timely receipt of estimates also helps Ecology more effectively manage the overall SMP grant fund. 4. Final payment of grant projects is contingent on receipt of viable work products as listed in the grant document. 5. Budget (for RECIPIENT reporting and Ecology tracking purposes): Maximum Eligible Project Cost: $190,000 Maximum State Grant Share: $190,000 Estimated Local Share: $0- balance of page left blank intentionally Page 9 of 20 SMA Grant Agreement No.G0800311 between the Washington State Department of Ecology and the City of Kent Expenditure Budget July 1, 2007 to June 30, 2008 Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 TOTAL Salaries/Benefits 6,810 5,000 1,500 0 0 0 13,310 Consultant Services 5,370 21,810 67,010 0 0 0 94,190 Goods and Services 0 0 500 0 0 0 500 Travel 0 0 0 0 0 0 0 Indirect 0 0 0 0 0 0 0 TOTAL 12,180 26,810 69,010 0 0 0 108,000 July 1,2008 to June 30, 2009 Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 TOTAL Salaries/Benefits 1,000 0 0 0 3,820 0 4,820 Consultant Services 2,450 0 0 31,840 24,750 8,140 67,180 Goods and Services 0 0 0 0 0 0 0 Travel 0 0 0 0 0 0 Indirect 0 0 0 0 0 TOTAL 3,450 0 0 31,840 28,570 8,140 72,000 July 1, 2009 to June 30, 2010 Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 TOTAL Salaries/Benefits 0 0 0 0 0 3,100 3,100 Consultant Services 2,000 0 0 0 0 4,900 6,900 Goods and Services 0 0 0 0 0 0 0 Travel 0 0 0 0 0 0 0 Indirect 0 0 0 0 0 0 0 TOTAL 2,000 0 0 0 0 8,000 10,000 Page 10 of 20 SMA Grant Agreement No.G0800311 between the Washington State Department of Ecology and the City of Kent Special Terms and Conditions 1. Responsibilities of the Project Coordinator: The Recipient's Project Coordinator shall be responsible for the procedural obligations under this agreement in addition to his/her duty to coordinate the planning effort hereunder. He/She shall cooperate with all parties concerned in every way possible to promote successful completion of the services described in the Scope of Work. 2. Progress Reports. The RECIPIENT shall prepare and submit quarterly progress reports to the DEPARTMENT throughout the life of the grant. Reports shall be submitted no later than 20 calendar days after the end of the reporting period as follows: Progress Report Reporting Period '`_ Date.Due- First Quarter Jul 1 —September 30 October 20 Second Quarter October 1 —December 31 January 20 Third Quarter January 1 —March 31 Aril 20 Fourth Quarter Aril 1 —June 30 July 20 Report Contents: Quarterly reports should be concise and should include the following: • Comparison of actual accomplishments by task to the objectives established for the reporting period • List deliverables due to Ecology by date of this progress report and their status. • Status of project schedule • Budget status • Personnel changes • Any difficulties encountered during the quarter A progress report form is available on line at: hftp://www.ecy.wa.gov/programs/sea/q- rants/smp/forms.htmi County or City Name Grant No.G0700_ 3. Identification of Project Materials -All reports, maps, and other documents published as part of this grant agreement shall carry the name of the RECIPIENT, Ecology's grant number(in the upper right hand comer), Project Title Task Title number o title, the specific task bf the product and date Task Number centered on the front cover or title page(or in the case Date of maps,the block which contains the name of the Government unit or Department)and acknowledgment of the source of funding as follows: 4. Format for Publications and Brochures: Any(hard copy) publications or brochures required as a product of this agreement shall conform to minimum standards of size, 8-1/2" x 11"white, recycled paper equivalent in weight to 20 lb. bond, single spaced, printed both sides, no less than V margins. Photos, illustrations, and graphs must be of reproducible quality. Any publications or brochures intended for public distribution shall comply with Page 11 of 20 SMA Grant Agreement No. G0800311 between the Washington State Department of Ecology and the City of Kent graphic requirements as specified in Ecology's"Publications Handbook", publication number 91-41 and any additional specifications as may be outlined in the Scope of Work. 5. Quality Assurance Project Plan (QAPP): IF this project involves the collection of environmental measurement data, the Recipient needs to prepare a QAPP to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating this data. The plan shall be conducted in accordance with the DEPARTMENT's Guidelines and Specifications for Preparing Quality Assurance Project Plans for Environmental Studies, current edition, (Ecology Publication No. 91-16). The plan must describe the monitoring and data quality objectives, procedures, and methodologies which will be used to ensure that all environmental data generated will meet these requirements. The size and complexity of the plan should be cost effective and in proportion to the magnitude of the sampling effort. The RECIPIENT may also reference Technical Guidance for Assessing the Quality of Aquatic Environments, February 1994 (Ecology Publication No. 91-78), available at http://www.ecy.wa.gov/biblio/9178.html. The QAAP report shall be limited to a concise description of the environmental measurement aspects of this project. Ecology's Project Officer shall review and approve this plan prior to initiation of work. The QA/QC plan may describe the following elements: ■ Assumptions that direct the collection and analysis; ■ Resources used (such as flights for aerial photos); ■ Resource documents that will be consulted; ■ Field methods employed; ■ Office methods employed; ■ Training level of staff involved in data collection and analysis; ■ Equipment/materials to be used and accurate calibration assurance. 6. Coordination with Ecology's Geographical Information System(GIS). If this project involves developing GIS data, the RECIPIENT shall coordinate with Ecology's GIS office in an effort to promote compatibility and to encourage sharing of geospatial data. To facilitate data sharing, the DEPARTMENT utilizes the following standards: a. `%-0,x% s 'i ' z` 4,*%a3 <' § � " ., ESRI's ARC/INFO Current version ESRI's ArcView Current Version Horizontal Datum NAD 83 HARN Vertical Datum NGVD 88 Projection System Lambert Conic Conformal Coordinate System WA State Plane Coordinates Coordinate Zone South Coordinate Units Feet Accuracy Standard +/-40 Feet(1:24,000) minimum accuracy to within a foot of the true North American datums stem Vector Import Format ArcExport, DLG and/or DXF, shapefiles Raster Import Format TIFF, BIL/BIP, RLC,GRID,ERDAS, SID Page 12 of 20 SMA Grant Agreement No. G0800311 between the Washington State Department of Ecology and the City of Kent Whenever possible, the RECIPIENT is encouraged to utilize the standards listed above when compiling data. The State's data management information is also available at the following website: httr)://www.dis.wa.gov/portfolio/. Please contact John Tooley (360-407-6418, jtoo461 ecy.wa.gov )for more information. The RECIPIENT shall submit copies to Ecology's Project Officer with complete documentation as it relates to all digital data, GIS coverages, shape files, related tables and map products. 7. Washington State Minority and Women's Business Participation.The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement. In the absence of more stringent goals established by the RECIPIENT's jurisdiction,the RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority-and women-owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction/Public Works 10% MBE 6%WBE Architecture/Engineering 10% MBE 6%WBE Purchased Goods 8% MBE 4%WBE Purchased Services 10% MBE 4%WBE Professional Services 10% MBE 4%WBE No contract award or rejection shall be made based on achievement or non-achievement of the goals. Achievement of the goals is encouraged, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: a. Include qualified minority and women's businesses on solicitation lists. b. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. C. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d. Establish delivery schedules,where work requirements permit, which will encourage participation of qualified minority and women's businesses. e. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE)and the Office of Minority Business Enterprises of the U.S. DEPARTMENT of Commerce, as appropriate By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be followed. Any contractor engaged by the RECIPIENT under this agreement shall be required to follow the above five affirmative steps in the award of any subcontract(s). The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: Page 13 of 20 SMA Grant Agreement No. G0800311 between the Washington State Department of Ecology and the City of Kent a. Name and state OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. b. The total dollar amount paid to qualified firms under this invoice. 8. Consistency: It is the responsibility of the RECIPIENT to ensure that all sub-RECIPIENTS and contractors comply with the terms and conditions of the agreement and that the State of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. 9. Grant Closeout: All products for this project shall reflect an end date on or before June 30, 2009 and shall be submitted to the DEPARTMENT on or before July 20, 2009 or as otherwise specified in the Scope of Work. Completed end-of-biennium estimate forms and final payment requests must be submitted in accordance with notification provided by Ecology's Fiscal Office. 10. All Writings Contained Herein.This agreement,the appended "General Terms and Conditions",and the DEPARTMENT'S current edition of"Administrative Requirements for Ecology Grants and Loans", contains the entire understanding between the parties, and there are no other understandings or representations except those set forth or incorporated by reference herein. No subsequent modification(s)or amendment(s)of this agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and DEPARTMENT, and made a part of this agreement. In Witness Whereof, the parties hereby execute this grant agreement Washington State Department of Ecology City of Kent 24 E of gy na ry ate Si tur uthorized Official Date Approved as to form by Z aull e, &Vkr_ Assistant Attorney General Print Name of Authorized Official Title of A thorized Official Federal I.D. #91-6001254 Page 14 of 20 SMA Grant Agreement No. G0800311 between the Washington State Department of Ecology and the City of Kent GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees.The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B.SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C.THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D.CONTRACTING FOR SERVICES(BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded,for inspection and use by the DEPARTMENT. E.ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F.COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws,orders, regulations and permits. Prior to commencement of any construction,the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination.The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination.The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded,the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety.The RECIPIENT agrees to comply with all applicable laws, regulations,and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance.The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws,the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H.AUDITS AND INSPECTIONS 1.The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures.All records shall be kept in a common file to facilitate audits and inspections Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2.All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records,the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3.All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state,federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. Page 15 of 20 SMA Grant Agreement No. G0800311 between the Washington State Department of Ecology and the City of Kent 4. RECIPIENT shall meet the provisions in OMB Circular A-133(Audits of States, Local Governments&Non Profit Organizations),including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds.The$500,000 threshold for each year is a cumulative total of all federal funding from all sources.The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety(90)days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions.The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31,April 1 through June 30,July 1 through September 30, and October 1 through December 31.Reports shall be due within thirty(30)days following the end of the quarter being reported. J.COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in"Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT.A copy of this document shall be furnished to the RECIPIENT.When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grantlloan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s)for Payment. The RECIPIENT should submit final requests for compensation within forty- five(45) days after the expiration date of this agreement and within fifteen(15)days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee.The DEPARTMENT may withhold an amount not to exceed ten percent(10%)of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s)described herein,or a portion thereof,have been completed if, in the DEPARTMENT's sole discretion, such payment isreasonable and approved according to this agreement and,as appropriate, upon completion of an audit as specified under section J.6. herein. 5. Unauthorized Expenditures.All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s)charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per d+em are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K.TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT,to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surreys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the Page 16 of 20 SMA Grant Agreement No. G0800311 between the Washington State Department of Ecology and the City of Kent DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above,the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds.The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment.When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph KA above. When this agreement crosses the RECIPIENT's fiscal year,the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however,that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work,the DEPARTMENT reserves the right to terminate this agreement. L.WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default.Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property,the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s)or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved,the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C.200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures,or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports,signs, brochures, pamphlets, etc.,appropriate credit shall be given to the DEPARTMENT. 3.Tangible Property Rights.The DEPARTMENT's current edition of"Administrative Requirements for Ecology Grants and Loans", Part V,shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state,federal statute(s), regulation(s),or policy(s)to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT.When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession,the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5.Acquisition Projects.The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement,the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b.The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies,Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment,lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet,the RECIPIENT shall not at any time convert any equipment,property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale,lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. Page 17 of 20 SMA Grant Agreement No. G0800311 between the Washington State Department of Ecology and the City of Kent N.SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy,and purchase and use of sustainably produced products(e.g. recycled paper). For more information, see www.ecy.wa.gov/sustainability. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fads,for any reason,to perform obligations required of it by this agreement,the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent(12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination.Any property acquired under this agreement,at the option of the DEPARTMENT,may become the DEPARTMENT'S property and the RECIPIENTS liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done,the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern.The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT.The decision of the Project Officer or other designated official shall be final and conclusive unless,within thirty days from the date of receipt of such statement,the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause,the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive.Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent,or employee of either party to this agreement who exercises any function or responsibility in the review, approval,or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1.The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2.To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T.GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. Page 18 of 20 c SMA Grant Agreement No. G0800311 between the Washington State Department of Ecology and the City of Kent V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a)applicable Federal and State statutes and regulations; (b)Scope of Work; (c) Special Terms and Conditions; (d)Any terms incorporated herein by reference including the"Administrative Requirements for Ecology Grants and Loans';and(e)the General Terms and Conditions. Page 19 of 20 SMA Grant Agreement No. G0800311 between the Washington State Department of Ecology and the City of Kent •..� Sworn Statement of Compliance* with im Minority- and Woman-owned E`c"oI�`0 G fiY Business Utilization Requirements Recipient: City of Kent Grant Number : G0800311 *NOTE: MWBE goals are voluntary. No contracting decision should be made based on whether or not the goals are achieved. The following affirmative steps in awarding contracts and subcontracts will be taken: 1. Include qualified minority and women's business on solicitation lists; 2. Insure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies; 3. Divide the total requirements, when economically feasible into smaller tasks or quantities to permit maximum participation by qualified minority, and women's business; 4. Establish delivery schedules, where requirements of the work permit, which will encourage participation of qualified minority and women's business; and 5. Use the services and assistance of the state Office of Minority and Woman Owned- Business, and the Office of Minority Busines rprises of . Department of Commerce as appropriate. �� u o� d Signature Date State of Title }ss County of Subscribed ands orn to before me this 3 day of , •I� NOTARY PUBLIC in and for the State of j ti residing in I My commigs4' iNWires ram', W HI-r�° pTAR Y 9�'• ��: of Notary PUBLIC' p S .......... � B28 Page 20 of 20 STATE o� w — x 1889 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600 • Olympia, WA 98504-7600 • 360-407-6000 711 for Washington Relay Service • Persons with a speech disability can can 877-833-6341 January 24, 2008 Ms. Charlene Anderson Community Development Department City of Kent 220 — Fourth Avenue South Kent, WA 98032-5838 Dear Ms. Anderson: Enclosed is your copy of duly executed SMP grant agreement No. G0800311 for the project entitled "Comprehensive Shoreline Master Program Update". The effective date is July 1, 2007; the completion date is June 30, 2009. As a reminder, progress reports need to be submitted as specified in the Budget section of this agreement and Special Terms and Conditions. I have also sent via e-mail an electronic "payment packet" which includes the SMP Quarterly Report Form plus various invoicing forms: C2, (Voucher Support Form), Form B2 (Running Budget Summary); and A19-1A (Invoice Voucher), etc. For any billings, correspondence, reports, etc. please be sure to reference the grant number in order for Ecology to facilitate any action needed on the grant. If you have any questions, Randy Davis, Project Officer, can be reached at 360-407-0242, or by e-mail at rdav461@ecy.wa.gov or contact me at bhue461(CD_ecy.wa.gov for any questions on billing. Sincerely, Beverly Huether Grants/Contracts Coordinator Shorelands and Environmental Assistance Program Enclosures C: Randy Davis, Ecology Carrie Byron, Ecology Brian Lynn, Ecology Juliet Jack, Ecology ,a 10