HomeMy WebLinkAbout19-162 - King County - Cooperative Watershed Management Agreement (Riverton Creek Flap Gate Removal Project )Project Name: Riverton Creek Flapgate Removal
19-162
Council Approval 10/21/19
Award Number: 4.9.19.003
AGREEMENT FOR AWARD OF
COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS
BETWEEN THE CITY OF TUKWILA AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and the City of
Tukwila ("Recipient"), for the purposes set forth herein. This Agreement shall be in effect from
the date of execution to May 31, 2022.
Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper(c7i)kingcounty.gov.
Primary Contact for Recipient: Mike Perfetti, 206-433-7192, M ke.Lierrettiick kwilawa.gov.
1.1
SECTION 1. RECITALS
Whereas, the King County Flood Control District ("District") is a quasi -municipal
corporation of the State of Washington, authorized to provide funding for cooperative
watershed management arrangements and actions for purposes of water quality, water
resource, and habitat protection and management;
1.2 Whereas King County is the service provider to the District under the terms of an
interlocal agreement ("ILA") by and between King County and the District, dated
February 17, 2009, as amended, and as service provider implements the District's annual
work program and budget;
1.3 Whereas, the Board of Supervisors of the District (the "Board"), the District's governing
body, passed Resolution FCD 2018-09 on November 5, 2018, authorizing the King
County executive or his designee to develop and administer a grant award program of up
to $4,684,168 in 2019 for water quality, water resources and habitat restoration and
management projects and activities allocated in the amounts of $929,807 for the
Snoqualmie Watershed, $1,756,563 for WRIA 8, $1,756,563 for WRIA 9, and $241,235
for WRIA 10 projects in King County, provided that the project list is approved by the
Board;
1.4 Whereas, in accordance with Resolution FCD2012-07.2 and in its capacity as service
provider to the District, King County has established a grant award program, called the
Cooperative Watershed Management Award Program, to fund water quality, water
resources and habitat restoration and management projects and activities;
1.5 Whereas, the Recipient submitted an application to its respective WRIA forum or
committee for the Project, as described in Exhibit A attached hereto and incorporated
herein by this reference, and that body has recommended the Project for funding under
the Cooperative Watershed Management Grant Program in accordance with King
County's Cooperative Watershed Management Grant Program Policies and Procedures, a
copy of which has been furnished by King County to the Recipient and which are
incorporated herein by this reference ("Grant Policies and Procedures");
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Project Name: Riverton Creek Flapgate Removal Award Number: 4.9.19.003
1.6 Whereas the District's Board of Supervisors has received a list of proposed projects that
includes the Project, and the Board of Supervisors, in Resolution FCD2019-10, has
approved the Project for funding up to the amount of $140,000;
1.7 Whereas King County has received a Scope of Work and a Budget for the Project from
the Recipient and has determined that the Scope of Work, attached hereto and
incorporated herein as Exhibit B ("Scope of Work"), and the Budget, attached hereto and
incorporated herein as Exhibit C ("Budget Summary"), are consistent with the Grant
Policies and Procedures;
1.8 Whereas, King County and the Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions under which King County will provide
funding from the District in accordance with the Policies and Procedures, and the
Recipient will implement the Project.
SECTION 2. AGREEMENT
2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this
reference.
2.2. King County agrees to award the Recipient an award in the total amount of $140,000
from District funds (the Award). The Award shall be used by the Recipient solely for the
performance of the Project. King County shall pay the Recipient in accordance with the
Grant Policies and Procedures.
2.3. The Recipient represents and warrants that it will only use the Award for the Scope of
Work of this Agreement and in accordance with the Project Budget. The Recipient shall
be required to refund to King County that portion of the Award which is used for work or
tasks not included in the Scope of Work. Further, the Recipient agrees that King County
may retain any portion of the Award that is not expended or remains after completion of
the Scope of Work and issuance of the Final Report, as further described below.
2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate
the execution date of this Agreement provided that 1) they have been identified by
Recipient as being within the scopes of numbers 2) and 3) below, and have been
approved by King County as being within such scopes; 2) The activities are specified in
the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the
Scope of Work and are authorized by the Award as identified in the Budget of this
Agreement; 4) such activities and expenses otherwise comply with all other terms of this
Agreement; and 5) such activities and expenses do not occur prior to the date the grants
were approved by the District and reimbursements shall be paid to the Recipient only
after this Agreement has been fully executed.
2.5. The Recipient shall invoice King County for incurred expenses using the Request for
Payment form and Progress Report form for those documented and allowable expenses
identified in the Budgets and according to the rules set forth in the Grant Policies and
Page 2 of 7
Project Name: Riverton Creek Flapgate Removal Award Number: 4.9.19.003
Procedures. Blank forms shall be provided to the Recipient by King County upon
execution of this Agreement. Progress reports for each project (with or without requests
for payment) shall be made no less frequently than every six months after the effective
date of this Agreement nor more frequently than every three months after the
aforementioned date. A Progress Report form shall be submitted with all payment
requests. A one-time advance may be allowed, in the discretion of King County, for
expenses anticipated to be incurred in the three months following the date of submission
of the advance Request for Payment only for work that is included in the Scope of Work
of this Agreement, and identified as such in the Request for Payment. The amount of the
advance may not exceed 20% of the total award amount. Documentation of payments
made from advances shall be submitted to King County prior to any further requests for
payment.
2.6. The Recipient shall be required to submit to King County a final report which documents
the Recipient's completion of the work in conformance with the terms of this Agreement
within thirty (30) days after the completion of the work. The final report may be
submitted on the Close-out Report form unless a more detailed final report is specified in
the scope of work. A blank Close-out Report form shall be provided to the Recipient by
King County upon execution of this Agreement. The final report shall include a summary
of the Project's successes and shall address the watershed benefits accomplished by the
work.
2.7. The Recipient's expenditures of Award funds shall be separately identified in the
Recipient's accounting records. If requested, the Recipient shall comply with other
reasonable requests made by King County with respect to the manner in which Project
expenditures are tracked and accounted for in the Recipient's accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principles as further described in Section 2.8
below, and to meet the requirements of all applicable state and federal laws.
2.8. The Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ("BARS") or Generally Accepted
Accounting Principles set forth by the Financial Accounting Standards Board or by the
Governmental Accounting Standards Board.
2.9. King County or its representative, and the District or its representative shall have the
right from time to time, at reasonable intervals, to audit the Recipient's books and records
in order to verify compliance with the terms of this Agreement. The Recipient shall
cooperate with King County and the District in any such audit.
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by the Washington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors
or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local, state and
Page 3 of 7
Project Name: Riverton Creek Flapgate Removal Award Number: 4.9.19.003
federal laws and regulations. The Recipient shall implement an appropriate monitoring
system or program to ensure compliance with this provision.
2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the
District, their elected or appointed officials, employees and agents, from all claims,
alleged liability, damages, losses to or death of person or damage to property arising out
of any acts or omissions of the Recipient, its employees, agents, contractors or
subcontractors in performing its obligations under the terms of this Agreement.
2.13. The Recipient agrees to acknowledge the District as a source of funding for the Project
on all literature, signage or press releases related to the Project.
SECTION 3. GENERAL PROVISIONS
3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns.
3.2. This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
3.3. No amendment to this Agreement shall be binding on any of the parties unless such
amendment is in writing and is executed by the parties. The parties contemplate that this
Agreement may from time to time be modified by written amendment which shall be
executed by duly authorized representatives of the parties and attached to this Agreement.
3.4. Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement
on behalf of such party and that such party is bound by the signature of such
representative.
3.5. The Project shall be completed by no later than May 31, 2022. In the event that the
Project is not completed by this date, King County has the discretion, but not the
obligation to terminate this Agreement and retain any unexpended Award funds.
3.6. This Agreement may be signed in multiple counterparts.
3.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable
under applicable law, such provision will be ineffective to that extent only, without in any
way affecting the remaining parts or provision of this Agreement, and the remaining
provisions of this Agreement shall continue to be in effect.
3.8. The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the King County Council, King
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,
Page 4 of 7
Project Name: Riverton Creek Flapgate Removal Award Number: 4.9.19.003
this Agreement will terminate at the close of the appropriation year for which the last
appropriation that provides funds under this Agreement was made.
This document has been approved as to form by the King County Prosecuting Attorney's Office
as of July 15, 2016.
KING COUNTY:
By
By
RECIPIENT:
Name So s k 130k c1 Name,14, Al 1 an Ekber
TitlebkVV-Ice\Th(ce-717)(—) \AJ LP---D, Title Mayor
IDNIKe
Date // • /H • ij7
Date
APPROVED AS TO FORM
Office of the City Atfey
P140 7r4
Page 5 of 7
Project Name: Riverton Creek Flapgate Removal
EXHIBIT A: PROJECT DESCRIPTION
Award Number: 4.9.19.003
PROJECT
RECIPIENT
DESCRIPTION
MATCH
AWARD
Riverton Creek
Flapgate
Removal
City of
Tukwila
Improve habitat conditions along the lower 1,200 lineal
feet of Riverton Creek and restore fish access between the
creek and the Duwamish River, providing off -channel
rearing habitat for five species of anadromous salmon and
trout, including ESA listed Chinook and Steelhead. The
property is located along the Green River Trail on the left
bank of the Duwamish River at RM 6.5, all within the tidally
influenced estuary. Restoration will include a) adding large
wood to the creek channel, b) removing invasive
vegetation and installing native plants c) daylighting the
creek and replacing two perched culverts and flapgates
with a bridge for the regional Green River Trail.
$950,000
$140,000
Project Location: The site is across the river from the Duwamish Gardens and Chinook Wind habitat restoration
projects, and adjacent to the SR 599 off ramp to Tukwila International Boulevard. It is located at Duwamish River
Mile 6.5, left bank.
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Page 6 of 7
Project Name: Riverton Creek Flapgate Removal
EXHIBIT B: SCOPE OF WORK
Award Number: 4.9.19.003
Task Title
Task Description (Include Activities and Deliverables)
Estimated
Percent of
Total Budget
Month/Year
Task will be
Completed
Task 1: Project
Administration
(Required)
Submit reimbursement request forms, backup documentation for billing, and
progress reports at least every 6 months. Submit a Fiscal Closeout form and a
Closeout Report form with the final reimbursement request.
1%
May 2022
Task 1:
Design and permitting: The City will work with its consultant to complete the
design and permitting coordination and deliverables.
4%
June 2020
Task 2:
Bank protection: the Contractor will modify the FCD revetment to allow the
daylighting of the Creek. Bank protection includes the installation of boulders,
riprap and gravels installed to maximize habitat gain, as well as a footing and
abutments for the new regional trail bridge.
20%
September
2020
Task 3:
Upland protection: the Contractor will install an anchored sheet pile wall
adjacent to the road on the left bank and a retaining wall adjacent to
commercial property on the east bank.
20%
July 2021
Task 4:
Large Woody Debris Installation: large woody debris will be incorporated both
as part of a step down configuration and upereek as part of the backwater
improvements such as riffle and pool formation and increased juvenile
residency time during low water conditions.
15%
September
2020
Task 5:
Channel Excavation, Grading and Erosion Control: the fill prism and culverts
with flapgates will be removed to daylight the creek. The steep lower channel
slopes will be graded to a gentler pitch and protected with erosion control
fabric. Temporary bypass silt containment will be placed during in -water work
periods.
20%
August 2020
Task 6:
Planting Restoration: the Contractor will install native riparian plants along
1,200 lineal feet of Riverton Creek and 400 lineal feet of the Duwamish River.
Restoration includes the removal of invasive plants.
10%
February
2022
Task 7:
Construction Management: The City of Tukwila and its consultant will oversee
construction to ensure Contract compliance.
10%
May 2022
EXHIBIT C: BUDGET SUMMARY
Budget Item
Grant Requesst
Staffing
$1,389
Commercial Services & Crew Time
$138,611
TOTAL
$140,000
Page 7 of 7
Ki\C COL[ \TY
FLOOD CO\TROL
DISTRICT
King County
Cooperative Watershed Management
Grant Program
Policies and Procedures
Revised August 2019
Contents
CWM Grant Policies & Procedures 1 August 2019
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
Appendix C — Grant Reimbursement Request Form and Progress Report Form
Appendix D — Grant Closeout Report Form
Appendix E — Grant Fiscal Closeout Form
CWM Grant Policies & Procedures 2 August 2019
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 2019 is FCD2019-10 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.
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 3 August 2019
• SNOQUALMIE WATERSHED:
http://www.govlink.org/watersheds/7/funding/default.aspx
• WRIA 8: https://www.govlink.org/watersheds/8/funding/defauit.aspx#cwni
• 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
(Appendix C), for documented and allowable expenses identified in the budget. All
invoices must be accompanied by a Progress Report (Appendix C) and supporting
documentation for claimed expenses. Supporting documentation can be: Receipt
copies, ledger -based copies from the recipient's accounting software, cancelled checks
and payroll records.
CWM Grant Policies & Procedures 4 August 2019
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 final report in the
format requested in Appendix D and a fiscal close-out in the format requested in
Appendix E. 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
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
CWM Grant Policies & Procedures 5 August 2019
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 6 August 2019
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, a simple Time of Performance amendment will be issued by King County at
its discretion. In the event that the Project is not completed by the final date of the
CWM Grant Policies & Procedures 7 August 2019
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 8 August 2019
King County
Proposed No. FCD2019-10.2
APPENDIX A
KING COUNTY
Signature Report
FCC/ Resolution
Sponsors
1200 Kin, County Courthouse
516 Third Avenue
Seattle. WA 98104
1 A RESOLUTION relating to the operations and finances of
2 the King County Flood Control Zone District; authorizing
3 the expenditure of District funds for projects and activities
4 in Water Resource Inventory Areas 7 (Snoqualmie
5 Watershed portion) 8, 9 and 10 (King County portion).
6 WHEREAS, the King County Flood Control Zone District's comprehensive plan
7 prioritizes expanded partnerships and collaborations with watershed forums, and
8 WHEREAS, the District's comprehensive plan emphasizes the consideration of
9 fish and wildlife habitat when managing flood -risk, and
10 WHEREAS, the District seeks to protect public safety and promote the recovery
11 of native salmon species, and
12 WHEREAS, the King County Flood Control District ("the District") adopts an
13 annual work program, budget, operating budget for King County, capital budget and•six-
14 year capital improvement program pursuant to chapter 86.15 RCW, and
15 WHEREAS, the District desires to continue funding watershed resource inventory
16 area ("WRIA") activities and projects that are identified using a process for awarding
17 WRIA grants in which the WRIA forums made grant recommendations to the District
18 and the King County water and land resources division administers the grant processes,
19 and
1
CWM Grant Policies & Procedures 9 August 2019
FCD Resolution
20 WHEREAS, in establishing the District's 2019 budget, the District provided
21 $4,684,168 in funding for projects and activities in WRIA's 7 (Snoqualmie Watershed
22 portion), 8, 9 and 10 (King County portion); now, therefore
23 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KING
24 COUNTY FLOOD CONTROL ZONE DISTRICT:
25 SECTION 1. A. The Board authorizes the funding of water quality and water
26 resources and habitat restoration projects and activities as follows:
27 1. WRIA 7 (Snoqualmie Watershed portion) - $1,065,431;
28 2. WRIA 8 - $1,872,692;
29 3. WRIA 9 - $1,983,227; and
30 4. WRLA 10 (King County portion) - $241,345.
31 B. The amounts listed in Section A. arc in accordance with the
CWM Grant Policies & Procedures 10 August 2019
FCD Resolution
32 projects, grant recipients and individual grant amounts described in Attachment A to this
33 resolution.
34
KING COUNTY FLOOD CONTROL ZONE
DISTRICT
KING COUNTY, WASHINGTON
teagan Dunn, Chair
ATTEST:
`10,19atv\JC,:
Melani Pedroza, Clerk of the District
Attachments: A. 2019 Cooperative Watershed Management Grants
CWM Grant Policies & Procedures 11 August 2019
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 2019, the Snoqualmie Watershed Forum (WRIA 7) was allocated $929,807, WRIA 8 Salmon Recovery
Council and WRIA 9 Watershed Ecosystem Forum were allocated $1,756,563 each, and the WRIA 10
Citizen's Advisory Committee was allocated $241,235 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. FCD2019-10 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 districts, tribes, public schools, and non-
profit organizations are eligible entities. Individual persons and for -profit businesses are not eligible.
CWM Grant Policies & Procedures 12 August 2019
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 -August of each year, with the Board issuing approval in
August -September. 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. A
recommended format is provided in Appendix D. A fiscal close-out form is also required to verify grant
and match expenditures (see Appendix E).
The CWM Grant Program is administered by the King County Department of Natural Resources and
Parks, Water and Land Resources Division
CWM Grant Policies & Procedures 13 August 2019
KING COUNTY
FWD CONTROL
D I S T R I C T
APPENDIX C
Water and Land Resources Division
River and Floodplain Management Section
King County
King County Cooperative Watershed Management Grant Reimbursement Request
Date
Recipient Organization
Name
Contact Name
Phone
Address ].
Address 2
City, State, Zip Code
Request #
PROJECT NAME
Dates (beginning & end date for this claim)
Instructions: Complete this spreadsheet and attach your financial / accounting system reports to document all expenses
PROJECT CODE
Budget Line Item
(From Exhibit B Budget —use latest
approved amendment)
Budgeted
(From Exhibit B Budget -
use latest approved
amendment;
Current Request
Advance
Reconciliation
(expenses covered by las:
advance)
Amount of all Prior
Requests ;do not include
advances as Inc item;
Award Balance
Remaining
5
$ -
r
S
5 -
$ -
$
$ -
$ -
$
TOTAL
$ -
$ -
$ -
$
$
ADVANCE REQUESTED (for
next period)
GRAND TOTAL
$
ADVANCE FROM LAST
INVOICE
ADJUSTED FOR ADVANCE
FORFEITURE (advance
balances do not carry
forward)
$
THIS REQUEST
$
ADVANCE EXPLANATION:
Please e-mail inquires and all documents to:
Kim Harper
Water and Land Resources Division
Phone: 206-477-6079 Email: Kim.harper(Zkingcounty gov
CWM Grant Policies & Procedures 14
August 2019
KING COUNTY
FLOOD CONTROL
DISTRICT
Water and Land Resources Division
River and Floodplain Management Section
King County
COOPERATIVE WATERSHED MANAGEMENT GRANT PROGRESS REPORT
Date
PROJECT
PROJECT NUMBER
Recipient Organization Name
Contact Name
Phone
Address 1
Address 2
City, State, Zip Code
Request #
Dates (beginning & end date for this claim)
COOPERATIVE WATERSHED
MANAGEMENT GRANT(From Scope
of Work)
DELIVERABLES: Progress / Status/percentage completed (note approximate or
actual dates)
1)
2)
3)
4)
5)
CWM Grant Policies & Procedures
15
August 2019
KING COUNTY
FLOOD CONTROL
DISTRICT
APPENDIX D
King County Water and Land Resources Division
King County
CLOSEOUT REPORT FOR CWM GRANTS
Date Report Completed
Project Title
Recipient Organization
Contact's Name/Phone/Email
Project Start and End Dates
Financial Summary:
[Grant Award: L krant S Spent:
King County Grant Agreement No.:
—klatch S Spent: r [Total Project Cost: 1
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
Auer
I. inear feet of bank
Noxious weeds and invasive plants treated or
removed
Acre:
Linear feet of bank
Wood Installed: Count each
anchored log, etc. Example purposes:
structure only once. (Example types: engineered
log jam, wood piling, root read, log weir, individual
creation, floodplain intraractinns/flov, splitting)
bank protection/stabilization, habitat/pool
Type of Structure
Purposes of structure
wetted at median flow
In 100-year floodplain.
4 structure<:
0 structures:
N wood pieces:
u wood piece:
n structures:
1 structures.
':rood pieces:
wood pieces:
z rrructures:
4 structures:
4 wood pieces:
:: -wood pieces:
PROTECTION BY ACQUISITION OR EASEMENT
Area permanently protected through acquisition
or easement
Number of parcels
Acres in FEM O 100-year floodplain
Acres outside of floodplain
Linear feet of bank (riverine, lakeshorc or marine)
PUBLIC OUTREACH/EDUCATION
Outreach, education or volunteer events
r
Number of public events held
—jI
Number of attendees or public 4:ontact•;
Number of schools provided education
Number of students reached
MONITORING
Monitoring data collected List parameters and frequency of collection L
CWM Grant Policies & Procedures
16
August 2019
KING COUNTY
FLOOD CONTROL
DISTRICT
King County Water and Land Resources Division
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:
u
King County
CWM Grant Policies & Procedures 17 August 2019
KING COUNTY
FLOOD CONTROL
DISTIt[CT
Date
Recipient Name
PROJECT NAME
AWARD
APPENDIX E
King County Cooperative Management
Grants Fiscal Closeout
King County
PROJECT CODE
Budget Line Item
(From Exhibit B
Budget)
Budgeted
Amount of all
requests
Balance
Forfeited
$ -
$
$
$ -
$ -
$
$ -
$
$ -
$ -
$
$ _
$ -
$
$
$ -
$ -
$
$ -
$
$ -
$ -
$
$
$ -
$
$
$ -
$ -
$ -
...... _..
Item
Budgeted
Actual
Balance
Source
$
$ -
$ ..
$ -
$
$
$
$
$
$
$ -
$ -
$ -
NOTES
CWM Grant Policies & Procedures
18
August 2019