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HomeMy WebLinkAboutR-2020-085 Naches-Cowiche Flood Risk Reduction and Floodplain Restoration; Interlocal Agreement with Yakima CountyRESOLUTION NO. R-2020-085 A RESOLUTION authorizing an interlocal agreement with Yakima County for the Naches- Cowiche Flood Risk Reduction and Floodplain Restoration Project. WHEREAS, the City of Yakima requires flood risk reduction from Cowiche Creek; and WHEREAS, the interlocal agreement allows the City to benefit from grants the Yakima County Flood Control Zone District has received and in applying for to reduce the flood risk. and WHEREAS, the Yakima County and the City have coordinated several projects, including a new levee, that will reduce the flood potential from Cowiche Creek WHEREAS, the City of Yakima Water/Irrigation Division and the Yakima County Flood Control Zone District representatives have conducted many stakeholder meetings to develop the designs and concepts; and WHEREAS, the City of Yakima Water/Irrigation Division representatives will continue to work with the County to develop the designs, concepts and to construct the projects, and WHEREAS, the City Council deems it to be in the best interest of the City to enter into an interlocal agreement with Yakima County for the interlocal agreement with Yakima County for the Naches-Cowiche Flood Risk Reduction and Floodplain Restoration Project, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached and incorporated interlocal agreement with Yakima County for the Naches-Cowiche Flood Risk Reduction and Floodplain Restoration Project. ADOPTED BY THE CITY COUNCIL this 21st day of July 2020 Patricia Byers, Mayor ATTEST: POQad Sony'aar Tee, City Clerk BOCC Agreement Interlocal Agreement for the 154-2020 Naches-Cowiche Flood Risk Reduction and Floodplain Restoration Project Yakima County, WA This Agreement's made and entered into between the Washington State Department of Transportation, hereinafter "WSDOT," the City of Yakima, hereinafter the "City," and Yakima County, hereinafter the "County." The City, County, and WSDOT are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties." Recitals The confluence of the Naches River and Cowiche Creek contains significant public infrastructure necessary for the operations of the Parties and other local governments, private entities, and residents. This includes federal and state highways; local roads, bridges, and recreational pathways; irrigation diversions, pipelines and canal systems; communications networks and powerlines; stormwater facilities; municipal water and wastewater utilities; and flood levees and flood control structures. 2. This infrastructure is located within or adjacent to the dynamic natural system of the Naches River-Cowiche Creek confluence which includes floodplains, riparian areas, fish and wildlife habitats, and wetlands. These areas are valuable and sensitive resources that provide important public benefits that also need protection, conservation, and enhancement. 3. The Parties recognize that the current configuration and combination of infrastructure increases the risk of flooding to City and County residents, and that reducing short-term and long-term flood risk to said infrastructure and residents requires a coordinated, multi -agency effort based on an improved understanding of natural floodplain processes and a continued emphasis on the need for restoration of floodplain functions and improved habitats for native threatened and endangered species. 4. Recent updates to the Flood Insurance Rate Map (FIRM) for Cowiche Creek show an expanded Special Flood Hazard Area (SFHA) that includes flood flow paths into the City of Yakima. 5. The County formed a county wide Flood Control Zone District (FCZD) as a special purpose district in 1998 to address flood management needs using a comprehensive and integrated approach. The FCZD can cooperate with other agencies and private entities to mitigate and/or address flooding problems through activities such as property acquisition, the identification of flood hazards, comprehensive planning, and the implementation of capital projects. 6. Previous cooperation agreements between the Parties have successfully implemented collaborative flood risk reduction efforts, conservation measures, land transfers, planning efforts, and construction projects on this reach of the lower River (e.g. the Lower Naches River Coordination Partnership Plan, and agreement GCA6132 between the County and WSDOT). 7. The Parties are committed to integrated floodplain management of the entire Naches-Cowiche confluence and that commitment has resulted in cooperation agreement GCB 2981 between GCB 3361 Sheet 1 of 10 WSDOT and the City to address roles and responsibilities for potential future flood fighting efforts on Cowiche Creek at US 12 and the 40th Avenue/Fruitvale Boulevard interchange. 8. The City and County have entered into an ILA (BOCC346-2018) regarding the implementation of the Nelson Dam replacement project located at the upstream end of the Naches-Cowiche confluence which includes the consolidation of four separate irrigation diversions (Naches- Cowiche, Old Union, Fruitvale, and the City's General Diversion) and enables certain flood risk reduction and habitat restoration work across the confluence. The Nelson Dam project will improve sediment transport continuity on this reach of Naches River and includes the design and construction of a new conveyance pipeline that will cross Cowiche Creek just upstream of the US 12 bridge. 9. Building on the findings of the 2018 Cowiche Addendum to the Upper Yakima Comprehensive Flood Hazard Management Plan (CFHMP) prepared by the FCZD, the Parties developed a scope of work for a phased project, the Naches-Cowiche Flood Risk Reduction and Floodplain Restoration Project (hereinafter "Project"), to complete the coordinated permitting and design of a series of interrelated flood hazard reduction and floodplain and habitat restoration actions. Flood hazard reduction actions will provide passage of flood flows through the Naches-Cowiche confluence up to the 1% annual chance event (also referred to as the 100-year event) a key basis for the National Flood Insurance Program (NFIP) as administered by the Federal Emergency Management Agency (FEMA). Project actions will include significant modifications to, and complete replacement/removal of, portions of the Parties infrastructure (bridges, pipelines, canals, levees, etc.) within the Naches-Cowiche confluence. 10. The County secured grant funding for the acquisition, preliminary design, and permitting phases of the Project from the Washington State Department of Ecology through the habitat enhancement program of the Yakima Basin Integrated Plan (YBIP) (WRYBIP-2019-YaCoPS- 00006). The County also secured initial construction -phase funding through a competitive grant awarded through the Floodplains by Design (FbD) program (SEAFBD-2019-YaCoPS-00050). GCB 3361 Sheet 2 of 10 Now, Therefore, pursuant to the legal authority provided by the Interlocal Cooperation Act, codified at Title 39, Chapter 34 of the Revised Code of Washington State (RCW 39.34), and for the purpose of defining the responsibilities and duties of the Parties for the implementation of the Project, the above recitals are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, covenants, and performances contained herein, and Exhibit A (map), Exhibit B (YBIP grant), and Exhibit C (FbD grant), attached hereto and made a part hereof, It is mutually agreed as follows: 1. Purpose The purpose of this Agreement is to coordinate the design and implementation of a series of interrelated flood risk reduction and floodplain restoration actions across the confluence of the Naches River and Cowiche Creek within the Project area as shown in Exhibit A. These actions will include longer -span bridges, levee setbacks, channel and floodplain restoration work, potable water supply pipeline modification, and the removal of irrigation diversion structures, pipelines and canals. This Agreement defines the responsibilities and duties of the Parties within the scope of the Project as defined in the two respective grant agreements (Exhibit B and Exhibit C) including the completion of grant administrative tasks and the preparation of grant deliverables. This Agreement sets expectations for coordination efforts during the Project as well as the initially anticipated future ownership and maintenance of acquired lands and constructed works. Amendments and extensions to this Agreement may be appropriate as designs are advanced or as additional funding is secured. 2. Duration This Agreement shall be effective from the last date of signature below and shall terminate on December 31, 2023, unless modified by the Parties pursuant to this Agreement. 3. Mutual Responsibilities a. Each Party agrees to work in good faith with all of the other Parties towards the successful implementation of the Project for the benefit of all Parties and the general public. 4. County Responsibilities a. County will be the lead agency for this Project and will provide the overall administrative management, coordination, and accounting for the FbD and YBIP grants. This includes all grant invoicing, progress reports, project documentation, finalization and transmittal of grant deliverables, and grant closeout activities. b. County will lead the design, permitting, stakeholder coordination, and land acquisition efforts required for successful implementation of the scope of work as described in the FbD and YBIP grant agreements. The County effort includes hydraulic sizing recommendations for the Powerhouse Road bridge (City) and ongoing coordination related to the siting and sizing of the future US 12 bridge (WSDOT). County effort excludes actual site and structural design work for the Powerhouse Road bridge, the US 12 bridge, as well as any land acquisition or land transfers that may be needed for the future replacement of the bridges. GCB 3361 Sheet 3 of 10 c. County will conduct a variety of site investigations (surveying, wetland delineations, historic and cultural resource assessments, hydraulic modeling, etc.) needed to inform the preliminary design and environmental permitting efforts for the Project. When these investigations relate to property or infrastructure managed by the City or WSDOT, the County will provide a draft of the consultant scope of work to either the City and/or WSDOT for review and comment prior to contract execution. County will also provide City and/or WSDOT, as appropriate, with a draft copy of consultant reports for comment before the reports are finalized. d. County will prepare a basis of design report to accompany preliminary design plans and to support environmental permitting applications. County will act as the lead agency for SEPA and other Local permits where applicable. The County will work with the City and WSDOT to determine and coordinate with the appropriate Federal lead(s) as applicable for specific portions of the work. e. County will prepare final construction -ready design plans for setback levee on the south side of Cowiche Creek between US 12 and Powerhouse Road. The levee will be designed to meet the design standards and freeboard requirements for future certification by a professional engineer and Federal Emergency Management Agency (FEMA) accreditation within the flood mapping of the National Flood insurance Program (NFIP). The certification and accreditation process are contingent on the construction of a new US 12 bridge over Cowiche creek and implementation of the other downstream Project efforts across the Naches-Cowiche confluence. County will provide design/as-built information to support City efforts to certify the levee for FEMA accreditation. f. County will coordinate with the City and the United States Army Corps of Engineers (Corps) during levee design to check that the design will maintain the continued enrollment eligibility of the levee within the Corps PL84-99 levee rehabilitation program. g. County will enter into a contract with a qualified general construction contractor for the construction of the levee setback. h. County will use YBiP grant funds to negotiate and complete a lot line adjustment between Assessor's Parcel Number (APN) 181309-41003 (City) and 181309-42010 (Private, Lloyd- Garretson Co.) increasing the size of the City lot by approximately 3.48 acres. County wilt similarly effectuate a tot line adjustment between 181309-41003 (City) and 181309-41013 (Yakima Valley Commercial LLC) increasing the size of the City lot by an additional 0.4 acres. These boundary line changes will provide sufficient space for the initial construction of the setback Levee (County) as well as the area needed for maintenance of the levee in perpetuity (by the City). Access to the levee from Powerhouse Road will be through an easement across the unacquired upland remainder of parcel 181309-42010. Yakima County will pay costs associated with the acquisition of the access easement and the lot line adjustments, including, but not limited to, the preparation of the documents, appraisal costs (where applicable), sale prices, excise tax, recordation fees, and survey costs. The easement and the deeds transferring the properties will include provisions allowing for the construction of the setback levee by the Parties (as required by this iLA) and a restriction dedicating the resulting property in perpetuity to the purposes of flood risk reduction and habitat restoration, while allowing for recreational uses compatible with those purposes. The deeds will ensure that the County will retain sufficient real property interest in the enlarged City property allowing the County to, in consultation with the City, implement ftoodptain restoration and planting actions across the resulting City GCB 3361 Sheet 4 of 10 property in association with the Project and afterwards as future funding allows. The form of all easements and deeds will be acceptable to the City and the County prior to transfer. i. Pursuant to the Deed between Squire Ingham, Homer and Sadie Lee, and the City of Yakima, which conveyed parcel number 181310-32003 to the City, the City will revert that parcel back to Grantors, or their successors in interest for $1.00. The County will acquire the Grantors right to this parcel. The County will record a deed restriction dedicating the property in perpetuity to the purposes of flood risk reduction and habitat restoration while allowing for recreational uses compatible with those purposes. The County will be solely responsible for the costs associated with purchasing the parcel and recording the deed. j. County will enter into a contract with a qualified consultant, to be paid for under the terms of the Grant Agreements, to prepare preliminary and final designs for ensuring the safety and integrity of the City's 48-inch diameter potable water supply line where it crosses Cowiche Creek just downstream of the Yakima Greenway Path. Preliminary designs will support permitting efforts and will be based off design criteria provided by the City and County. The FbD and YBIP grants obtained by the County do not include construction funding for the actions necessary to protect the City's potable water supply line. k. County will prepare draft outreach materials and press releases that highlight Project objectives, anticipated benefits, recent progress, and the Parties collaborative approach. All outreach and press release materials will be provided to the City and WSDOT for comment, review, and approval at least 10 business days before distribution or publication by the Parties. The intent is consistent messaging between Project partners that tells the story of flood risk reduction, floodplain restoration, and salmon recovery through cooperative community action. County will develop and implement an interim riparian vegetation maintenance plan for Project properties within the Naches-Cowiche confluence to support existing native plant vitality and to discourage the establishment of noxious or invasive weeds. Implementation efforts will be conducted through stewardship agreements with the North Yakima Conservation District (NYCD) or local contractors and may include mowing, weed removal, and herbicide applications. It is anticipated that these activities could occur on City or County property within the confluence depending on site vegetation conditions, restoration priorities, and the available funding. m. All construction work inside WSDOT right of way or attached to WSDOT infrastructure performed by Parties or any of its contractors pursuant to this Agreement will be performed in accordance with all of the terms and conditions of WSDOT's most current Standard Specifications for Road, Bridge and Municipal Construction M41-10, together with any applicable general special provisions. 5. City Responsibilities a. City will work diligently towards securing construction phase funding for City portions of the Project as applicable (e.g. a new Powerhouse Road Bridge). When appropriate, the City will work in good faith to provide format letters of support to corresponding County and WSDOT efforts to secure construction funding. b. City will provide WSDOT and County staff, consultants, and contractors with reasonable access to City properties and facilities related to the Project. City will provide landowner consent and acknowledgement forms as needed to support Project permitting. GCB 3361 Sheet 5 of 10 c City will provide the appropriate technical and operational staff for participation in planning, and permitting meetings for the Project toensure concepts, designs, and permitting efforts are consistent with City �n�as�nm(�u��n�����n�m¢her��v / ' ^mequmemments,prograrns,omd plans. This includes the preparation oftechnical performance data for City infrastructure and facilities, input into contractor/consultant evaluations, and coordination meetings with regulatory agencies. d, City will provide technical design criteriaand1heappmoprietegtafftinneasnecegaanKtmmlkzxx6mr the preliminary and final design fmrthepnztectionofaseokiomoftheCityspotah|exxatersoppK/ pipeline vvhereitcrosses CoxvicheCreek just north gfthe Yakimna[�reenxvayPath. ' e' City will provide existing conditions information, operational requirements, technical design criteria, and the appropriate staff time as necessary to allow the Parties to develop a coordinated plan for sequencing the construction of future infrastructure (new bridges, setback levees, etc.) in the vicinity of the City's sedimentation reservoir where it is immediately adjacent tothe existing UG12bridge over CoxxicheCreek. f. City will provide relevant design endperrnit1inginfonmatknnpmepanedfmrthecornpanionNelson Dam project to County and WSDOT staff as appropriate so that the Parties overlapping future infrastructure elements across the confluence are compatible and to facilitate cost-effective planning, design, and permitting efforts. 9' City will provide for timely review and comment on the draft Project documents prepared by the County, VVSDO7,orconsultants working omthe Project. h' City will continue to maintain the existing right bank levee on Cowiche Creek until the setback levee is complete and accepted by the Corps in the PL 84-99 program. City will assume all levee management and maintenance responsibilities for the setback levee when the County accepts the contract for the construction ofthe setback ascomplete. 6. WSDOT Responsibilities a' When appropriate, VVSO0Twill, inits sole discretion, provide formal letters ofsupport to corresponding County and City efforts, provided that such letters dmnot conflict with VVS00T statewide asset management prioritization and programming. b' WGDOTwill provide, where itdeems appropriate, consent and acknowledgement ofthe Project onfornnsincluding but not 0rn�edtoJ&RPA,and other envinonnmen1a|pemn�applications that require VVSDQT~sacknowledgment asthe landowner. c. VVSDOTwill provide the appropriate technical and operational staff for participation in planning, design, and permitting meetings for the Project to ensure concepts, designs, and permitting efforts are consistent with WS0OTinfrastructure needs and other VVS0OTrequirements, programs, and plans. d' WSDOT will provide the appropriate real estate specialists to work with the County to develop appropriate interim access provisions for design and permitting and construction, as well as perpetual easement agreements where the setback levee will connect tothe south side ofthe US 12 roadway. Easement agreements will be compliant with FEMA levee accreditation requirements. e' WSDOTagrees that the intent istodesign the setback levee with mturnaround and aprimary access route via Powerhouse Road for monitoring and levee maintenance actions, but the easement will need to include provisions for a right turn out onto Highway 12 eastbound during flood fight emergencies. 7. Financing Financing of the joint undertakings is outlined in Exhibits B & C, and the implementation of those grants as outlined above. 8. Right of Entry The Parties hereby grant and convey to each other the right of entry upon all land which the Parties have interest, for the purpose of performing the preliminary and final engineering design and environmental permitting for this Agreement. Parties will cooperate in good faith and agree to take further action and execute those access documents, whether jointly or within their respective powers and authority, as may be reasonably necessary to implement construction actions under this Agreement. 9. Legal Relations No Liability shall attach to any of the Parties by reason of entering into this Agreement except as expressly provided herein. 10. Amendment This Agreement may be amended or modified only by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 11. Termination Unless otherwise provided herein, any Party may terminate its participation in this Agreement, with or without cause, upon thirty (30) calendar days' written notice to other Parties. 12. Independent Contractor Each Party shall be deemed an independent contractor for all purposes, and the employees of each Party or any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be employees of the any other Party. 13. Indemnification a. Each Party to this Agreement will protect, defend, indemnify, and save harmless the other Party or Parties, their officers, officials, employees, and agents, white acting within the scope of their employment as such, from any and all costs (including attorneys' fees), claims, judgments, and/or awards of damages (both to persons and property), arising out of, or in any way resulting from, each Parry's negligent acts or omissions with respect to the provisions of this Agreement. No Party will be required to indemnify, defend, or save harmless another Party if the claim, suit, or action for injuries, death, or damages (both to persons and property) is caused by the sole GCB 3361 Sheet 7 of 10 negligence of that Party. Where such claims, suits, or actions result from the concurrent negligence of Parties, their agents, officials or employees, and/or involve those actions covered by RCW 4.24.115, the indemnity provisions provided herein will be valid and enforceable only to the extent of the negligence of each Party, its agents, officials or employees. b. The Parties agree that their obligations under this section extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of their officers, officials, employees or agents. For this purpose only, the Parties, by mutual negotiation, hereby waive, with respect to each other only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 14. Survivability Section 11 shall survive the termination of this Agreement. 15. Disputes The Parties shall attempt to settle any disputes regarding this Agreement first through mediation or other agreed -upon alternative dispute resolution. An attempt at such alternative dispute resolution shall be a prerequisite to the filing of any litigation concerning the dispute. The Parties shall equally share in the costs of the alternative dispute resolution process, but shall be responsible for their own attorneys' fees and costs. 16. Venue In the event that any Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall be brought in the Yakima County Superior Court unless filing in another county is required under any provision of the Revised Code of Washington. Further, the Parties agree that each will be responsible for its own attorney's fees, witness fees, and costs. 17. Audits/Records During the progress of the Work and for a period of not Tess than six (6) years from the date of final payment, both Parties shall maintain the records and accounts pertaining to the Work and shall make them available during normal business hours and as often as necessary, for inspection and audit by the other Party, Washington State, and/or Federal Government. Copies of all records, accounts, documents or other data pertaining to the Work will be furnished upon request. The requesting Party shall pay the cost of copies produced. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until any litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the six -year retention period. The records relating to this Agreement shall, at all times, be subject to inspection by and with the approval of any Party, but the making of (or failure or delay in making) such inspection or approval shall not relieve a Party of responsibility for performance of the terms of this Agreement, notwithstanding the Party's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Parties shall provide any other Party sufficient, safe, and GCB 3361 Sheet 8 of 10 proper facilities, and/or send copies of the requested documents to the requesting Party. Records relating to this Agreement will be provided to any requesting Party. Parties shall promptly furnish a requesting Party with such information and records which are related to this Agreement. Until the expiration of six (6) years after the termination of this Agreement, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Parties shall retain and provide any requesting Party access to all records which are related to this Agreement. All records relating to this Agreement must be made available to any requesting Party. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to this Agreement must be retained by the Parties for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. The terms of this section shall survive any expiration or termination of this Agreement. 18. Term of Agreement Unless otherwise provided herein, the term of this Agreement shall commence as of the date this Agreement is fully executed and shall remain in effect in perpetuity, unless otherwise terminated or amended. 19. Administration of Agreement This Agreement shall be jointly administered, with each Party to the Agreement represented in the administration hereof. The Parties will jointly administer the acquiring, holding and disposing of real property used in the cooperative undertaking as outlined herein, but the Parties, jointly, shall not acquire, hold or dispose of real or personal property as part of this Agreement. This Agreement shall be either filed with the Yakima County Auditor or placed on each Party's website pursuant to RCW 39.34.040. 20. Assignment No Party to this Agreement shall transfer or assign any right or obligation hereunder without the prior written consent of all the Parties. 21. No Legal Entities Created No separate legal entity or entities are contemplated to be created as part of this Agreement. GCB 3361 Sheet 9 of 10 Norm dre Chairman DATED: Attest: JUL Melissa Paul, Clerk of the Board y" Linda Kay O'Hara, Deputy Clerk Approved as to Form: ENT OF SPORTAT1ON Todd V. Trepanier, P.E. SCR Regional Administrator Dated: August 25, 2020 Approved as to Form Onl Assistant Attorney G. nral DATED: G.,: 3361 Approved as to Form: Sheet 10 of 10 CITY CONTRACT t104" RESOLUTION NO: 11/4 BOCC Agreement Yakima County, WA p W Z 6 m 0 0 a 0 0 a 0 0 a m 0 a a m 0 0 v 0 N N Existing right bank levee Cowiche Creek Naches River Powerhouse Rd Fruitvale Blvd Water Resources Division Naches-Cowiche Flood Risk Reduction and Floodplain Restoration Project Interlocal Agreement (ILA) with WSDOT, Yakima County, and the City of Yakima Exhibit A - Project Area Map Code: FC3687 Map Prepared By: dhm, 2-28-2020 Nommais Existing Levee/Berm US 12 Major Roads City of Yakima .,'.,Cowiche Creek __------- City General Pipeline Orr.) Old Union Canal Yakima Valley Canal Fruitvale Canal °m- Naches and Cowiche Canal Yakima Greenway Path 48" Potable Main 2019 Aerial Photo 1 inch = 800 feet Feet 0 800 Exhibit B - OCR Grant Agreement DEPARTMENT OF ECOLOGY BOQrrnt MP" State of Washington 221-20 1 Agreement No. WRYBIP-2019-YaCoPS-094140a County, WA WATER RESOURCES YAEIMABASIN INTEGEATED PLANNING AGRE BETWEEN TILE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND YAKIMACOIINTY This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and YAKIMA COUNTY, hereinafter refentd to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project fitle: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: N hes-Cowiche Flood Risk Reduction and Floodplain Restoration $500,000.00 $500,000.00 $500,000.00 $0.00 07/01 /20 19 12/3 3/2022 Yakima Basin Integrated Planning Proieet Short Description: The RECIPIENT, in collaboration, with the Yakima County Flood Control Zone Distinct (FCZD), the City of Yakima, the Washington State Department of Transportation (WSDOT), ECOLOGY, and multiple other stakeholders will transform the Nachcs-Cowiche confluence through the coordinated design of a series of interrelated flood hazard reduction and floodplain and habitat restoration actions. PProiect Long Description: The Naches-Cowiche Flood Risk Reduction and Floodplain Restoration Project (Project) is a multi -agency effort towards integrated floodplain management of the entire Naches-Cowiche confluence. The project will be implemented through close collaborative partnerships with the RECIPIENT, the FCZD, City of Yakima, the WSDOT, ECOLOGY, local agricultural landowners, resource agencies, and other regional stakeholders. As part of a comprehensive strategy Exhibit B - OCR Grant Agreement State of W'asItirogrorr i:3c str d t t rf wta l� Agri:mien(Nn; WKYNIP-Cjtrltt Y;rt,.'d9AS-tttttltpai Projjccr `Eisler Naci+ca-Corwidc Flood Riskire,d1m4nn.trtrt fleactelairi Rcsronirt,tn Recipient Ra+rrc; Y'AICdi 9A t`(p'JNZ"Y implemented by the FC D to reduce short -terns. And Ion, g term fiend Rivers, the project is bawd on an improved understanding of natural he Neches and, Yakima npfiasi yes the need for ecological restoration of habitat for native threatened and endangered species_ This project leverages over a decade of long-term public investment into tine Naches-Cowiche confluence in the form of land ucctuisitluns, prelitttinat;y designs, conservation c asemes, anti A v`itriety of environmental, hydraulic, and geomorph'i,e as'ses'sa crtlsF yl7te' prof et'irasilds onearlier studies attd designs' 2009 Steelltead Recovery Plat, and the 2012 Yakima Bull Trout Action Plan. Within this broader eorttextx thi t purl will address 4takeholder outreach, design, permitting, and land acquisititrrr. The project is ltrcrtted at the con k p Creak and the Nachea River near the northwest boundary of the Page 2 of 29 City of Yakima, Washington. The project ss complicated by the significant nasrrarring of the. "gap,, between the two ridges that define the lateral 'limits of the geomorphic 'flood'plain for the Nacaues River and the reselti'ng complex overlapping network. of physical infrastructure. This project wilt reduce flood risk to causing developments in the City of Yakima, white discouraging. edditional exposure through more development in critical rtr't`a5 of the Neeltes and Cuwiche floodptain. Anticipated total flood() project benefits include. Approximately 82 acres of habitat and floodplain r stnratitttt along an estimate4 if,000 fie raf Crawiefte Creek and the Neches River. 2. Reduced likelihood of demagea (and ctes) to l iwy 12, Powerhottse Road, fruitvale Blvd, 40th Avenue, and a swath of the red network within the City of Yakima: 3. Significant flood risk reductinn to over 16,000 residents sir the City of Yakima (over an at1'800 to l500 acres with an estiatrtttete value around $2 billion in total property values), 4. Reduce the r'lsk ofa repeat of the 2016 and 2017 flood events. 5. The retnuval iurOver 1600 structures front the mapped regulatooty 110 �dpfairi. The project will be. implemented in three phase; I. Coordinated preliminary design and land acquisition. 3, Construction, revegetation, rc-mapping (not included in this QvGr al, The project goals are to: 1. To restore fish passage, eccrla Biel fTtrodpl tan functions, and halrittits for trative attd endangetred species rei l ,ta ^er Cowichc Creek and 'within the Nash ordplain and confluence, 2. To reduce flood tusk to the City ofYakitee 1.1.S. Highway 12, Powerhouse Road, and adjacent working agricultural lands, 3. Tn reduce the need Oar costly and disy tnaititenanceand reepnnse efforts (e.g., road closures, flood-f nt berm overtopping, channel dredging, etc.). Yunpd�lc Vcniou 1U(30I20l5 Exhibit B - OCR Grant Agreement F �at��at9a e Y e:('ca51 �€r i raa� ` FTC; 600 [dl itmrhre t)dtt1;44 ail tog Address: 4or 8 N lei it .ianax Ja Fi i tcasa 4 Of hysar ! r ds ress; 4t t°'Poiit 2nd Ya aInrrr t iai�rthaat 123 t 2n tta t s tru t asa 01 t%a ' Ala .ykkin aw LAI oFI 5 R- 0U Yakima, Acre nd Siren shfrs t+aa 9 9 1 l dsa."s h ad aR irn 1 8T ,2n t. �S inaaaant�a i nia�H david,laaw+yakanna. rd. 74-2 77 Exhibit B - OCR Grant Agreement ng Address: Dcps crat�a itl r�l'1cs�iex'l,a iti� PO BOX 47600 +mpi , WA 985 -76Ci0 Contacts Ides fit. to p, a tia rna 9890.3d ai 9: l i „. ,1» 4 1 kccymogov 3�a : 09) 45 427 k ll tsx'7iri? Oly�xspi Feg "hone: 0) 4 97- 49 Thus Vs Exhibit B - OCR Grant Agreement State of Washington Depnrttoent of Ecology Agreement No' W RYBIP-2019-YYCoPS-O0006 Project Title: 1'lathess•Cawiche Flood Risk Reduction and Floodplain Restoration Recipient Name, YAKIMA COUNTY AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, servic for or incidental to the performance of work as set fotth in this Agreement. Page 5 of 29 and otherwise do all things necessary RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and the other than as set forth, or incorporated by reference, herein. 0 her understandings or representations No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agree approved. e subject to the written approval of Ecology's authorized repro The signatories to this Agreement rep organizations to this Agreement. aslaington State Department of Ecology By;. G. Thom Tebb, L.Hg., L.E.G. Office of the Columbia River Director Template Approved to Form by Attorney General's Office Template' Version 1(t3 W2015 ese. ive and shall not be binding until so that they have the authority to execute this Agreement and bind their respective YAKIMA COUNTY " By: Date David Haws Environmental. Services Director Date Exhibit B - OCR Grant Agreement iar�lnte Cd Sapt n vul U�� alln y Agree esst Nca 4 t�di �6 dk� -Y�fi cltsS•tbl i� � , Project `Euk N I •:LIJl dd Fl RccilaacirAKJMAt<fl[17 1`5 Yeki County Carnniism n Yakima anty Ctisnlisin Dai Exhibit B - OCR Grant Agreement Santr+K±ILVaMitslgtOtt. Dcparvrtenr orFeatagy Agreement No^ WRAraIP.20I9.YriC nP.S4070( PerLjectTit➢'e: Nnchcs-f:owicrrcFfond Riak14erinclion and I=touJntninRestoration Recipient Norm YAKtNIA COUN1 SCOPE OF WORK Task Number: Task Title: Adrni Task Cast: $ Q Pape '7 nr ata Task Descriptitrnr A. The RECIPIENT will administer the projecResponsibilities will include„ but brat be Iirttitcd. to: maintenance of project records; submittal of requests for rl irrrbursement and cnlresponding backup docurnentation, progress reports and recipient cioswut. report (including photos); compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of and compliance with all required permits, licenses„ easements, or property nights necessary lbr the project; and submittal of required performance iterns. I3.. The RECIPIENT must manage the project. Eftitrts will include! conducting, coordinating, and scheduling project antitritie and assuring quality control,. Every effort will be made to maintain effective communication with the RECIPIENT'S designees; the DEPARTMENT; all affected total, state or federraljurisdictions; and any interested individuals or groups. The RECIPIENT )must carry out this project in accordance with any completion dates outlined in this agreement. 'Task Ooafl Statement; Prtrperly rnartagud project that meets agreement and Ecology adntirristtattive. requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports and recipient closeout report. k' Properly rrraintalned,projecl do+ tirztctttatitrrt C'tanrclirnahaa°. L}ltic Meek 1'ro eet Administration/Management Deliverables Number 1.1 1.2 Description Progress Reports ipient Closeout Report Due Date Exhibit B - OCR Grant Agreement ns trh rstr �dl ad a r # tz tic i w i##� �a t fi d pub to and is r u id rsii d and rcd Comic pp agel di y a ccttz cptua d o n Help the paile y atzd tidy bend dpu Task This task;h "h' r kehd#derha a d tat# d rvd atar din pP y. nsrrriicstnd sa4�4&nn tt wa t d wit#t # pro j rt and are able to be der to r voc# dos# a d r tcsptra n and re taa axe ore This in keep 'vez add der st hold r tulip str'f1d risk tau tanr . 'Chis task dints ratirnM and saltta�r tlartktcatca idyly disu d,, k tC#dirt; ardin Ltd tv 1W#aafd r# design,s t#a s a to 'ba# ra the it dodders, rhis tII irc Jude d va d d ins crr rdlr atic n rr7 t rt s led by is CPrENT. r r ast rai rncss r, i a h}p Tra ct pat to . ,pals ertil# l ludC press ra ncc il news r 63 h araapriat: d Exhibit B - OCR Grant Agreement Number F'PIof bci vc t ; is t rrsp tt nt: "; Pt tsF `Yak Yap ttnd Yakima Coa ty uttiataat tsP rind b gtatdt his w s t i ed upon Ocaxt tar tit d[itati rt, ,r)J P g a Pirt titaaE de d futu ° o t a°sfP zc o d Printed t d, st�l Trintiree PAC Plans atav : appredch Exhibit B - OCR Grant Agreement State ofll"auhinyhxaDeparuncnt rrRvtrlogy Agrcaltuait'rft WRYEST t"•20 I9-'k`nl.cir"S-0)170. i7ra is C Tole_ Nielies.C"nwielie. F Irsu1 Risk Redrictut+rr aril Flo 4pI m Roloration R r pima mane. YA1i!MA couvrY SCOPE OP WORK Task Number 3 `risk Cost. $13,5,000,00 Task. Title: PreIiminaay anti Final Design IPlENT will prepare prelirninary dosigttt t"or a series oaf coordittated food hazard reduction and floodplain habitat at'ion actions ut four sites (Sitc.A, Site R, Stte, t', and Site 11) across the Nachos-Cow:ichc confltacnce„ Preliroinaly designs will build on, a large body of existing enviroumentai assessments, geomorphic studies, habitat restoration designs„ and the preliminary hydraulic and .flood risk analyses conducted. by the ECZJ3 as part of the Nac.hes River risk management studies and the 2018 Cowichc Addendum to die Lipper 1'akirtaa &fiver Comprehensive.Flood hazard [vianaagemcnt Plan (CI^'FiM1'), t)esign work will include; A. Determining the hydraulic sizing needs fora. new Powerhouse Read bridge, 13..A levee setback and floodplain r storaakan effort between Powerhouse erhouse Road and Highvtay' 12 (Site A), Co-. Coordination and assistance to WSDOT regarding the scopiog of the .work for replan irtg the Highway 1'2 bridge. D. Plans Tor the lowering of .the City of Yakima.'s potable wader supply pipeline (Site-R.1), E. Several channel and floodplain restoration actions across the Nachos-Cowiche confluence that are enabled by the replacement of Nelson 'Darn and the consolidation of the irrigation diversions (Site I32, Site. C. and Site 1)). .ridge 14 c+129 These pr el engagement (Task environmental perrni be developed and relined by the RECIPIENT through regular stakeholder coordination and assure project objective are tttet. The RECIPIENT' will prepare the preliminary designs to support g (Task 4) and to finalize land acquisition needs ('Task .5 and Task 6). 2. The RECIPIENT twill proceed to prepare final designs atad spenifaeat(+ to for the levee setback and Cow'iche floodplain restoration effort from Powerhouse Road to Highway 12 and the lowering of the City of Yakima potable water supply pipeline where it crosses Cowiehe Creek. 3. The RFcIPIE.N r wall develop additional .hydraulic model scenarios to support the pr1iuninaay told finial designs„ `I"lt PC has already prepared the. futaadational 11D and 2D models using the I Fydrologic Engineering Center's River Analysis System (,1TEC .RAS) and the Bureau of Reclamation's 2}D Sedimentation and River Hydraulics (SRH 2i3) simulation tools. "Bask coal Statement: Develop a series of coordinated preiitwtittsar objectives and balances stakeholder interests, d Gnat designs for flood risk reduction and habitat restoration that meets project Task Expected C)utcottis„:. Expected outcomes include the preparation of preliimin. designs by the kEC:IPIEN'r sufficient forpermittiaag and acquisitions and construction -ready final designs and specifications tier selected project elements:. This will include opinions of probable cost ("Engineer's Estimates") for the construction of each component to allow for budgeting and succesgsful implementation. Exhibit B - OCR Grant Agreement State orWastorwron Dctrartrotait hcology Agrtwate,44140 WkArf33'.2010-YwC,,3,PS-00,036 Projeci 11lie Nualicsr-Cowlehe Flood rtikk RtAttdioril and is,vr,dpri min Restoration flcommol. Name YAKIMA COUNTY Recipient Task Coordinator Dale Meek Preliminary and Final Design Deliverables Number 3 3 4 Description Hydraulic i3esign Meninranduin for Powerhouse Read Cogiache Creek Bridge ploviding hydraulic sizing recommendationla nfonli fixture bridge design.. 32 Preliminary Design Plans (60%) of all project components ineluiling habitat and lloodplain restoration actions at Sitms A-D suitable fur envmortmentral perminintand acquisition efforts Plans will be provided as digital i'DPfs), 3,3 Baia or Design Report describing the overall design inethodelec used to support and refine concept development as well as the habitat and flood -risk reduction benefits anticipated, The report will complement tile Preliminary Design Plans and will be used to support envitmninental permitting and final design clevellipmeni Final Design Plans, Engineer's fistimate, & Construction Specifications !Pr actions at Site A and Site 131 , it is anticipated Site A will proceed to construction towards tire end ofihe project period through separate Fit)odplaarts by Design grant funding, Tompfate Ntruen 10130/2015 Paw1 1of 29 Due Date 12/3 W2020 1.2/31/2020 12/3 X /2020 F6/3012022 5tatc of W is}7r gr At rreineul No: k"a€tiu l `aNtlu:. 14,went Name: Exhibit B - OCR Grant Agreement WTiVR1',P-21119-YaCRIC'S-ODD.. .1 Naches-Cnwiehc f Ri$k Reduction aud'FI adp 1 ale YAKIMA C'oti trY SCOPE OF WORK Task Number. 4 Task Title: PermitSfng Task Cost: $105,000,00 This task will y ibeus on the pre n of an overall pc pt the various elements of the project... The tfort will beg.in. with coordination meetings with pi:minting agencies to iden ' ikely permitting pathways, potential hurdles, arid opportunities. Then the project team will Jay out specific permit milestones and the sequencing and duration of various eiferts in order to stNaantine, subsequent permit. application efforts, rage I2 ot" y9 This task will include the site assessments and prctle, tiimial reports neettrri tar stll.,port tlse speeltic environmental permit applications. This will include additional envirorrtterital ssserssrnents to supplement +Otis%itag strldies (as necessary), preparattnru ofjurisdictional wetland determinations, delineations, and ratings consistent with current federal and state agency requirements; archaeological and historical studies sufficient for compliance with Section 106 of the National Historic Preservation Act; and, the various permit and review applications related to Sty Environmmntal Protection Act (SEPA) l NationakEnvironmental Protection Act (NFPA), Clean Water Act (CWA.) Sections 404/401, the Fndanl;cred. Species Act, etc. Budget for this task specifically assumes, the project will be eligible 1"or Categorical Exemption (CE) from, NIWA, authorized by the 'United States Array Corps of Engineers (Corps) Nationwide: Permits (NWP 27, MW!' 33, and NWP 53) and .that no compensatory ti .t lnrt ear individual Section 401 certification will be required. This project co sicle channels, flood lento' concurrently where possible given potential sequencing of construction activ ed acliorus by rtaalltfple ag,t aides (Itnger bridges.. setback levees, "be intent is to permit these t tatirt cfl°tarts at rite crtvfron',menta! level and permit trrsaelin . This is envisioned as a separate permitting effort 'from the companion e!Torts associated with Nelson Dam, but canndination with those efforts may. yield additional cost. savings, Construction. permits will be obtained in future constnas.tinn phases. Close coordination with permitting. agencies and other stakeholders (Task 2) during the dcaign process (Task 3) is anticipated to help avoid unnecessary permg delays.. It is anticipated that is task will alsci ins.lude preparation ref th€t appropriate hydraulic: ana!yand permit applicatitaats a appropriate to ensure compliance with all Yakima County flood ordinances and the National Filled Insurance Program. Tas 1c�rk with permitting agencies and envircrnrnental staff to develop a permit titag Platt consistendesign arld objectives of flood risk reduction and environmental enhancement.. Task Expected Outcome: The RECIPIENT will develop a perznitt resource assessments, and to acquire en 'CMO:dieYerF'4r VUr.10,n015 which entails prcpatring vctland dehnnations, arch acological and cultural, till permits for the project clutnents. Exhibit B - OCR Grant Agreement Soic uf 'Wailllinatan Dtpastaala or 13201agy Agrn Nu 00011 PrOjeCA 7111c;. N4011c33C0,313,Ac rime 131313 134310N300 /104,1F1444‘4414 illistomion 142410441 NOW Y4K1MA COUNTY Recipient Task Coirdinator; Delo Mock Permitting Deliverables Number 4,1 4,2 4,3 133vitat 4°crsia0 1000012015 - - Description riff 13 or 29 Permitting Plan - Anal -relive report or memorandum providing a detailed description of the anticipated sequence of steps needed to pemdt the various elements of the project `rho report will include anticipated permitting pathways, potential timelines, and documentation needs for each steyipermit, Site Assessments — Wetland Delineation Report, Archaemiligical and Cultural Resource Rollers. Section 100 will apply (Federal nexus via wetlands and JARPA permit -Corps plus ESA with National Oceanic anti Atmospheric AdininistratiaraiNDAATtlnited States Fish and Wildfire Serivicek-USFAWS1L Dllliverable2 will illcilllle: 1) the consultant reports; 2) letters Mar IDAHRsFedeml lead shelving compliance with Section 106; rind 3) and Imdatadent Discover Platt, Copies of all ensdronmental perrniii obtained for the project, Depending on the details of the project permitting plan, this could Molude the following permits: WDFAT's Hydraulic Project Approval. (EWA), CWA Section 404(401 Permits, NEPASEPA determinations, cultural r.esources, Shoreline pennits, Endimpred Species AD Qotrie lance, DNR's Aquatic Use Authelization, Due Date 12/31 /2020 12131/2020 06/3012022 SCOPE OF WORK Tusk Number. Task Title: Task Deseret) legal property Lenten. if the project. The are deseiribed in. mote: detail but other minor land. acqinsition tasks may he necess work outside of this agreement Exhibit B - OCR Grant Agreement @'=2d1t YaC©PS-aa1G Niukhc-Cowiah, YAK IE,4ACOUNTY Task Cost: $95,000,00 Planning, Appntisa.l, Nwe nation, Due Diligence raga t4 of29 ceded to support the acquisition of sutiicient irk is anticiprit comp it include different types rmined. Two parcels f the lager restoration The first parcel is 131309-42010. This. parcel was hi toricnliy fanned as a parr orchard., It ha,s been damaged over the years by fionding (1974, 1996. 2016, 20171 and is no longer in act: agriculniral production. The land is used..for a ;ric ilttrr ul operations such as storage and canal access by the owner, it is anticipated that a conservation easement for a portion of this property bc necessary to allow for the proposed floodplain restoration and. levee, setback..efforts on-Cowiche Creak. The second parcel, 1 g 1 310-32003 is suhj rgres tttent bety ceta the City of Yakima and a private company. That agreement state the City of Yakima will sell the property hack tea the eornlaatty for S 1.00 when the City arbanduna the well site. This task includes coordination. work with the City and the company to cmuvert and dedicate this land to serve the tloodphtin restoration objectives or the prrsce . All property acq is elate w00%k will be in accordance with applicable state. e.g. RC '' 8,26 - lielocatiot) Assistance —Real Property Acquisition l''etlity and WAC Chapter 468-100) and federal laws te_g. CFR 49 PART 24-ilnifornn Relocation Assistance and Real Property Acquisition for 1'c'deral and Federally -Assisted Programs). Activities eligible for reirnburseirnent through. this grant will adhere to the FIo©dplains by Design Funding Guidelines (Current Edition), The R1i111'IEIW I" will; A. Obtain appraisals perrorrned by a Stat-Certil.ied General Real Estate Appraiser. Appraisauls reed review appraisals wilt Comply with the Uniform Standards or Professional Appraisal Practice and the Uniforrn Appraisal Standards tear Federal Land Acquisitions. t3, Submit docutttentaticatt of land aloe and title that shows tfte typ acquired.. C. Conduct title review,, hazardous substances review, environmental assessment, diligence and obtain. ECOLOGY approval for any draft legal documents. D. Shalt inspect, investigate, and conduct axr envirunrncntril audit of the proposed acq suhsrances, as defined in RC'W 70.105D.020( tl), and eel it;. a. No hazardous substances were found on the site, or b. Any 'hazardous substances found .have been treated at d/o Tariiptaie Vcr5inuo Iit 5/1f11 property that will be and any rnthor due e presence of ha ;turd©us ith altalicable state and federal Exhibit B - OCR Grant Agreement RCZiF 67T YWa 1r}5g&i+}I 6d �3i;4#"dIi} da[w I2'tXw y ArcF}1cXri h3v. wt�Yll'-�di19@ "alga; d' } c€'rrik N Itea t w c€ c F R crpac�l[ Nirnc YAK.iMA COUNTY d th sits de ria�d & cl a [€iris in this prov stci11 alters tlae RE 1Y1E11T"s duties a nd degardinghazalydcsus substamu s sit firth rn =ttapt 70.1 OM R N% Budge �r this task assumes 9:l at a p"hassa 1 'nv%irs€i€ttcnta1 Ass us trsct�t ws11 n€lt be €c eded % pr tje t aacqui LOGY wi11 be provided with an tapptas ttsntt trs r vtavv €€d approve ail and tics tiis'statau ttcrcuirietads incl€ din but et rt d tu pu;r asts, and any deed restt'i tiisrts},Fri ar tl t w[stiaam and r esa dtr Goal uatexncut: Thy fu"1FIENT will c} rrtplk.tu € 11 rsvtr lta rientttl revi us, pei titthi ,end dn d11i arei e astd respond tts ECOLOGY eta ent atxtei rriannee duringtiae ned tati€itwns dt1 the te T s1 p cked Outcome.. The filial utcr€ s rir this task wilt be the me ttti chars ol's utuall aceeptahl ens rrauitts itr tlrcter to pr tect the 11nF:s€ ptalrt s d triple€n i€t the prcljsrt, Ravi din ki r; Dale cclr g, App€^.. Number rt rtni ume a ket Value tr 1 restrirtin'ii. title repspprats e omi'rntcment ehe ihsr ;BOGY' avle�.v rti p Du r F tax i lrslii al t ation easerTAe't e ut' g land Exhibit B - OCR Grant Agreement Sate of Washinguen Deprtp'rtrrertr of tivairiosy qp ecnrctir Nu WttYRIP»2419-YaC:oRS-00006 Prefect Title: NachoN,Covek is Fto l RinkReduction and FIrvndpl¢in RQrrnotio'rr ltttii;picnttalnc. YAICLMACC7r1NE' SCOPE OE WOR Task Number: Property or Con 'rasakDoe( `ptton: Building on the wort: eotnpleted in Ta: complete the project and the preparrati Ta RECIPIENT will. prepare a Final Acquisttinn Guidelines (May 2018) documenting all !and Final Acts&tiReport will include (at a n riai'.nity and site specific maps, legal descriptions, certifications, settlement statements, photographs (tr➢tere appropriator) and copies of recorded documents (czsn5erva easements, deed restrictions etc.), Task Cot: SI 22,000 U0 clucics the actual purt•huse c Ac'quisit'itatt lleport. property interests needed to dance with ECOLOGY'S Floodptains by Design (FbD) Funding its attd co vith state and federet laws. property assessment checklists and hanees A. 11tc RECIPIENT twill acyuis°n the property sand ensure that property records and conveyance documents dedicate future use: of the parcel liar the purposes outlined in tlrfs aglce trterrt, 'Tlte RECIPIENT understands that the payment for eligible property acquisition costs shalt he on a reimbursable basis for approved and completed work_ Costs shall not he reimbursed by ECOLOGY prior to receipt of a reirnbarsernent request accompanied by the appropriate backup documentation showing completion of the acquisition (a Final, Acquisition Report for the property), Purchase Nice reimbursement shall he limited to the appraised value (as determined through the appraisal and appraisal review process ot-Task 5) unless approved by ECOLOGY in advance, Ft, Co veyatace otRights to the State of W'hshingtnta. tlpon, pttr host ttf real. property rights (lxnh fee simple and lesser interests), the RECIPIENT will execute the document necessary to convey certain rights and responsibilities. to ECOLOGY, on bchalfof the State of Washington, The documents required will depend on the project type, the real property rights being acquired and whether or not those rights are being acquired in perpetuity (Sec options below), The RECIPIENT IENT agrees to use language mutually agreed, upon with ECOLOGY, to record the executed document in the County where the peal property tics', and to provide a copy ofthc recorded document to ECOLOGY. I. Deed of Right„ 111e Deed of Right conveys to the people of the state. of Washington the right to preserve, protect, andror use the property for public purposes consistent with the fund source, The RI3CII'I1?NT shall use this document when acquiring real property rights that include the underlying land, This document may also he applicable for those easements where the RECIPIENT hos acquired a perpetual easement for public purposes. 2, Assignment of Rightts. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The REGIMENT shall use this document when an easement or lease is being acquired for water quality and. habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and roust be incorparatied by reference in the easement document. 1. Easerrrents and Leases. The RECIPI NT may inert gutted language from the Deed of'Right. or Assignment of Rights directly into she easement or lease document, the ac(ry a littxirtttting the requirement for a separate document, i,anguage will T'ernpi ne'VcrKion 1W30120173 Exhibit B - OCR Grant Agreement WRYU P v a urs.Odw itl c Fak td Oath ttxklurat YAKMA C LiN 1 d in the situatdtan; tlaer fear tda RECLINE, ataust tib adta CCOLO g prior Th E I PILNT"wild a+ raa r at d raga ptara has 0f° n den d p rce d pdEN!' widl currarntarafe wwitda f CLf. Y at a timely fdzfaara }aawad dCa tifde df ra +tat sa�� pralK donurawanfaaftxs d f d peas haases nip to ian t dung -terry pub dd st r sdaifa c 9" he Nac s t itkti nd nak Inn, habitat en d au tit ting mpatid le akin rt ar1t ra^ad nul egtaasat ran d gaprt w fli n ppt isaads, nevi rapprais (r pti�aas, Cdtd euppa'bp rnarrunlUm atdl tat aaaslt vic nst and rat spe i aunt t da' fists and ha tits, Ethos Islas w�hi ants fconseavatttan east Exhibit B - OCR Grant Agreement S rot or Whngu Drncirtuky Ag%tmor No WRYbIr.2111.9-YuCoRS-CM06 Project Trire: Natte4-Crovidig !lox! Itisk ucinFITIO FloodrIgin ReMnratioo .Rrcip knit Nurnr. YAKNA,COUN1 Y BUDGET Funding Distribution EG190337 NOTE: The (lbove fimding distribution number i used to identi4: this specific crgreement and budget on payment remittances and may be referenced on other communiCations from ,ECOLOGY Yawagreement may have multiple ,fimdingdistribution numbers lOicloirifiP each 'Nidket. Eutiding Title; Funding Effective Date: Funding Source Title: Yakima River Basin Water Supply Account Funding Type; 07101/20 1 (1 State 13u1c1htg ContruconAccuunt Funding, Expiration Date: Grata 12131/2022 Pageth,f .29 Type: State Funding Source %: 100% DescriptiOn; — Grants tier the purpose to aSSess, plan, add cle.V clop Projects under the Yakima River Basin Integrated Water Resource Management Plan or for any ether actions designed to provide access to new water supplieswiftiin the 'Yakima River basin or any other actions to suppori . the seven elements ate Yakima Basin Integrated Plan. Appiteved indireet Costs Rate. Approved State Indirect.Ratet 0%.„ RecipientMatch 0% litKind truerlocai Allowed: No IriKind Other Allowed! No Ts this Funding Distribution. used to match a federal grant? 'Yakima River Basin Water Supply Account Project Administration/Management Stakeholder Coordination Preliminary and Final Design Permitting Planning, Appraisal, Negotiation,&nbspatnbsp;Due Diligence Property or Conservation Eatieutent Purchase Tetoplote WT414171 I 41V10/20 No Thk115t21 18.000.00 25,000,00 1 35,000.00 I 05,000_00 95,000.00 S i 22,000.00 Total: S 500,000,00 Exhibit B - OCR Grant Agreement State of Washington Department of Eentogy A t ernetrtNo: 'W'ItVitt -2(}i9-}eCol'H-gfDfl Project Title: Naches-Coeviehe Flood Itisk Reduction and Flaottplain Recipient Narita: YAKtMA C.OIfNTY Funding ion Recipient / Ecology o$ Page 19 ar29 Funding Distribution Name Yakima River Basin Water Supply Account Total Recipient Mate °la Recipient Share 0.00 % $ 0.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS ANI.I CONDITIONS AL p'EDERAL +CONDITIONS 0.00 Ecology Share 500,000,00 500,000.00 if a portion or all art tha funds for this agreement are provided, through federal funding snore es or this agreetnen used to match a federal grunt award, the following terms and conditions apply to you. Total 500,000.00 500,000.00 A, C RT!FICATION REGARDiNG SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION;. I . 'The RECIPIENT/CONTRACTOR, by signing this ago..eritent, certifies that it i.s not suspended, debarred, proposed for debarment, declared ineligibleor othe worst: excluded from contracting with thefederal government, or from receiving contracts paid fur with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any drrte the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason ofchangcd circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tie; covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out On the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any tower tier° covered transaction with e person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it wilt include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in ail lower tier covered transactions and in all solicitations for lower tier covered transactions. 6_ Pursuant to 2CFR180.330, the RECiP1ENT%CONTRACTOR is responsible for ensuing that any lower tier covered transaction complies with certification of suspension and debarment requirements, Template Version 1 )/30f20I5 Exhibit B - OCR Grant Agreement Swic nt' Watsh n ton Deptadmeat or IPe,I,i y Agreement N y WRY RIP-20t9=YaCuPS•00006 Pmjeik Title; Naclres-Cnwiclte Flom! Risk Reduclion and Flondplain Restorarin Rtcipicna Name, YAKIMACOUNTY Po Rc Z0 t°?.9 7. REC U IENT/CONTRACTOR acknowledges that fai irtg to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies„ including suspension and debarment. 8. RECIPIENT/CONTRACTOR. agrees to keep proof in its agreement file, that 'it, and all lower tier- rs cipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will he approved for payment. RECIPIENT/CONTRACTOR must run a search in 'III wvrtrt,uvf and print a copy of completed searches to document proof of compliance. CQUNTARIL1T Y AND TRANSPARENCY ACT ( PATAI REPORTING IIRI Iv[ENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Forrn (ECY 070-395) and rest signed agreement to LCOLOGY, Any CONTRACTOR/RECIPIENT that meets each of the triter top ex.ccutives using the FFATA Data Collection Form, • Receives more than $25,000 in federal fundsunder this award. • Receives more than 80 percent of its annual gross revenues from federal fu • Receives more than $25,000,00() in annual federal funds. port compensation for its five ith the Ecology will trot pay any invoices until it has received a completed and signed FFATA. Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.Isrs.r ov-thttp.J/www.fsr^s.gov/> within 30 days of agreement signature. The FFATA information will be availa.bte to the public at %irivw.u�saspending,,,gov'bltttprlr'www.ucaspend nt°gnvh,. For more details on FFATA requirements, see www.tsrs.gov <http://www.f5rs.govt Template Vernon 1.0/30I1015 SusiekirWa58lin€ Ah GrecniCiil No: Projccu Tit1 Recii,ibnt N,rne Exhibit B - OCR Grant Agreement WRYBIP-201,9-Yiki6PS-00006 NachcsCuwiche Flood Risk Reduction and. Floodplahr RGs4€raali YAK fMA. COUNTY GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Departerrent of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-20I9 VERSION 1, ADM[NISI'RAFIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Editfan," (https://fortress.wa,gov/ecy/puhl ications/SurnmuryPages/1.701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and he fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions token under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by suhgrantees and contractors. d) RECIPiENT's activities corder this Agrcetnent shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 7.. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written ataaendtnent executed by both parties_ No subsequent modifications) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVI RED TECHNOLOGY The RECIPIENT must comply with the Washington. State Office of the Chief information (&Slicer t7CIO Policy no, 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to all products supplied under the agreement, providing equal access to information technology by individuals with disabilities,, including and not limited to web sitesfpages, web -based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effeotns to archeological and historic resources_ The RECIPIENT most agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project:. • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. ▪ For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site.. b) If required by the ECOLOGY Program, submit an Inadvertent. Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the 1DP form, RECIPIENT shall: • Keep the 1DP at the project site. re^ropf ale. Vc;rsian I0J3'01?tl l 5 Shift of WWshioacon betwrrrn'cat Or Ecology A reamer t We. Projcvl °t rtc Exhibit B - OCR Grant Agreement rvr&YRI ,I[7199VeCoPS.991{9e09$ N9,9chcx-Cnwtcls99 Hoed Rik ttcalbation and Ptundplaatn ti YAKtMACOUNTY • Make the il)P readily availablc to anyone workingthe project sib. + Discuss the IDP with staff and ctnrtracturs working at the project site_ • Implement the IiW when cultural resources or human remains arc found at the hscr'oct site c) If any atxhcological or historic resources arc found while conducting work under this Agreement: • Immediately stop work. and notify the ECOLOGY Program. the Department of Archaeology and His (36fI) 5B6-3064. any affected Tribe, and the local government, alj ff any human. remains are found while eoridatcting work under this Agreement: • Imnietdiatel top 'enk aid taotify the local Law nforcnent Agency or Medical ECOLOGY Frog e) Comply with RCW 27,53, I1CW 27,44.055, and RCW 68..50.645, and all. other applicable local, stag, send federal laws protecting Cultural resaMCC'S and human remains. Isurc 22 999'.29 Office, anti then the 5. ASSIGNMENT No right or claim of the RfECI'PIENT arising under this Agreement shall be transferred or rassitted by the RECIPIENT. 6, COMMUNICATION RECIPIENNiT shall make every ea"lcbrr affected leec€tl, state, err federal lurisd to maintain affective caarnrrtttnru atlons vvttla the' F ctirr a , a ad gray interested individuals or group. des gnee::r, CQI, '(;Y, old 7. COMPENSATION a) Any work perfbnrted prior to effe ctive date' of this Agreement will be at. the sole expense Land risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests con be submitted. b) Payments will be made on a reiKnbraryable bush for apprciwed and caunpleted work lrecid l in flats Agra oft ettt. c) RECIPIENT is responsible to determine if costs arc eligible.. Any questions regarding eligibility should be clarified with :ECOLOGY prior to incurring costs, Costs that arc conditionally eligible require approval by ECOLOGY prior to expenditure'. d). RECIPIENT shall not invoice mo'rvthan once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement tbrrns, Progress Report and supporting documentation. ECOLOGY will pmvidc instructions for submitting payment requests. d} IaCOLOCY will pay thra RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payrnent through Washington State's Office ofFinancialMunagerramrs Statewide Payee Desk, To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at wehsite, https°/laftn.wa.govtit-systerns/:statewide*venderpayee-seTrviees, If you have gace.xt ons about the vendor registration process. you can contact Stutewide Payee. Help Desk at (360)40'7-8180 or email PayeeRegistratian ca�ofrn,wa,gov. la) ECOLOGY may. at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, atECOLOGY's sole discretion, such payment is reasonable and approved according to this AAgreenent,. as appropriate, or upon completion Man audit as specified. herein.. j) RECIPIENT mutt submit within thirty (30) days after the expiration date aft this Agreement, all financial, performance, and other reports required by this agreement, Failure to comply may result in delayed reimbursement. 8. COMPLIANCE Wr1Fl ALL LAWS RECIPIENT agrees to comply Billy with all applicable fc:d.4raI, state and local haws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with, all applicable laws, rgutations, and policies oftbe United States and the State of Twrnl,tnteVer000n 0t9.90201,5 :Stage orwturtu own thpstrtntovrr nfE.r„„nk !gy gre,oraena No - Project `ria c- R'ecipicnt ?Jantc Exhibit B - OCR Grant Agreement WRYt31P•20r9-YV: P ni iQa1K hlachc>t•Cowichr Hired Ri:ek RIMLIcinrna errs Ptrwdlslain l'tcst,tratitrn YAKIMA COUNT\' Washington which affect wages and 'ynh safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, rcy talaticans, artcl policiesitgia''atlstdisciimincAtkin, e) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements,. d) RECIPIENT agrees to secure. and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities heaving jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right ti comply with above requirements. L➢°any provision of this Agreement violates any statute or rule of law of the state of Washington, it as considered. modified to conform to that statute: or rule cif law, CONFLICT OF INTEREST RECIPIENT and FCOL.,C)GY ugree that any officer, member, agent, or employee, who exer ility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or'ind➢rect, nor affect the interest of any corporation, partnership, or association in which he/she is a part,. in this. Agreement ur the proceeds thereof tat_ CONTRACTING FOR GOODS AN[) :l1 RVICFS R,ECllrIENT nwy contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts far corsstnrction, purchase of goods, equipment, services, and professional architectural anct engineering services through a competitive process, if required byState law. RECIPIENT is ttcquired to follow procurement procedures that ensure legal,. faair, clad open competition. RECIPIENT must have a standard prn'eurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have fad in aa3rcling contracts under this Agreement. ECOLOGY reserves the right. to inspect and request copies ufaall procurement dncurrrentatiran,rand tandard procurement procedures and applicable state law procurement practices related to this Agtseernent. Any costs incurred as a result of procurement practice's not in compliance with state procurement law or the RLCIPIJNPs normal procedures may he disallowed at ECC)I.OGY's sole discretion. I I. DISPUTES When there is a dispute with ragas°d tt rite e to of and chase determination of ECOLOG heftily: a) RE.C!PI NT notifies the faunding program of an appeal requesst. b) Appeal request must be in writing and state the disputed issue(s). c) RECIP➢RNT has the opportunity to be heard and offer evidence in sup d) ECOLOGY reviews the. RECIPII NT's appeal_ e) ECOLOGY.sends a written answer within tern (10) business days, unleas in. Agreement as prcavided herein if the RECIPIENT fails to it the work, or any other matter related tra alas Agreema l It tit he RECIPIENT shall have the right to appeal decisions as provided for at, ime fs needed, alter concludan the view. The detisicatt LOGY ()tom an appeal will be final and conclusive, unless within thirty (30) days from the date of such de is'ioaa, the' fRECIIT➢ENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive: The parties aagree that this dispute process will precede •any itc&lCri% itt s judicial or quasi-judicial. tribunal. Appeals Mike Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decislsan wi➢l nett be taken to Environmental and Land Use Hearings ()trice, Pending anal decision of as dispute, the RECIPIENT agrees to proceed diligeitly with the performance of this Agreement, and in. Tt mlttute Vinton 100011015 P5 Exhibit B - OCR Grant Agreement SIaIG «f Washington Ucpsruncnt of Ecology Aga-cmcnfNo_ WRYBLP-2019- Prof cca Tit cc Nacl c-Cowiciao t"loo;f i iek tceductton trod t'Iood!Agin Restorallon IfccipicnY r amp. YAKIMA COUN P Y accordance with the decisifari indei°ecf" Nothing in this Agreement will be construed to lirni dispute resolution procedure outlined above, p Page 24 c » eceptahle method, in addition to the 12. ENVIRONMENTAL, DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses envirvnnacntal nie stn eiaicta1 dat+l. RFCIPi1".NTS unsure about whether a QAPP is requited for their project. shall contact. the ECOLOGY Program issuing the grantor loan. If QAPP is required, the RECIPIENT shall: • Use.. ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer. or the Program QA coordinator instructs otherwise. • Follow hCOLOGY 's Guidelines for Preparing Quality Assurance Project Plans Cibr Environmental Studies:, July 2004 (Ecology Publication No, 04-03d030). • Submit the QAPP to ECOiaOGY for re. and approval before the start (Atli work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Efivr°cataitlental information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and corn et data was successfully loaded into ECM, find instructions, at: lay://wwwiecy.wa.gov/ehn. c) RECIPIENT shall t"ollosv ECOLOGY'S data standards when Geographic info. ion System tC"ilS) data is eoliected. and processed Guidelines for Creating and Accessing GIS Data are available at: httpsa/ccolo y.wa.gov/Rene arch Donlon at-resoureeslCrcographie-lnforma ion-Systems-GISlstandards. RECIPIENT, when requested by ECOLOGY,. OGY,. shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data eollection #files, tnup products, and all inetadata and project documentation" l3. GG I I NINE LAW This Agreement will be governed by the laws of the Sin in the Superior Court of'rhnrston County. and the venue of any action brought hereunder will be 14. INEMNIFIC::ATIOIN ECOLOGY will in uu way be held responsible for payment of salArle , consultant's tees, and other costs related to the farcrj t dwscribed herein, except as provided in the Scope of Work, To the extent that the Constitution and laws of the State of Washington permit,. each party will inderrrnify and hold the other harmless frmn and against any liability for any or all injuries to persons or property arising from the negligent. act or omission of tlmt party or that party's agents or employees arising out of this A.greenaent. 13, INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in employ„ volunteers, or agents of that party and will not tier any purp party. 16. KICK BACK RECIPIENT Ls prohibited from int any part of the compensatiran to wl of a Stabcontrrtct hereunder, 17. MINORITY AND WOMEN'S Template Version 10/1002015 perfotmsance of this Agreement stilt crsntinue to be be employees, volunteers, nr agents of the other g'b,y any means any person employed or otherwise: involved in this Agreement to give up re/she is otherwise entitled to or receive any fee, commission, or. gill in return for award E:T"ERl?R9"3l'S flWITF Exhibit B - OCR Grant Agreement Stare Witshiagfcno Ocpartsmalt of tEeology Agreement No: WRYBTP-7019'-'eaCciPS-130006 Ptoject Tide; Naehes-Cnwitihe Viotti Risk ReiJuction and tloodialaiii Resteration kcalpicot Narne:' YAKTMA COUNTY Page 25 n1.29 RECIPIENT is encouraged to solicit and recruit, to the extent possible', certified minority -owned (MBE) and women -owned (WBE) businessesin purchases and cuntracts initialed under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: II) Include qualified minority and WOMEtit'5 businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements,. when economically 'feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and WOMen'ti businesses. c) Establish delivery schedules, where work requirements permit,. which will encourageparticipation of qualified minority and women's businesses, d) Use the services and assistance of the Washington State Office, of Minorityand Wornen's Business Enterprises, (OMWBE) (866-208-.1061) and the Office of Minority I3usiness. Enterprises oldie US.. Department of.Comrnerce, as appropriate. I S._ ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein., the inconsistency shalt be resolved by giving precedence in the following order; (a) applicable federal and state statutes and regulations: (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions, 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's cominunication documents and rnatcrials related to the fulfihlmcrst of this Agreement: a) If requested, RECIPIENT shall provide a drat) copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution, b) RF.C1P1ENT shall include time for ECOLOGY's review and approval process in their project timeline, c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such us brochures, manuais, pamphlets, videos, audio tapes. CDs, curriculum, posters, media armetincements. or gadgets with a rnessage, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter carnpaigns. If it is not practical to provide a copy, then the RECTPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLO(JY's logo shall comp!), with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shatf acknowledge in the communications that funding was provided by ECOLOGY 20, PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds, b) RECIPIENT must submit a progress report with each payment request: Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports, c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January I through March 31, April I through June 30, July I through Templak. VCF1413111 I W30/2015 Exhibit B - OCR Grant Agreement SUL: 4.4 Wasilingkm Dopertgocrit F:s.Rogy, Agato ring Nit WRYRIFY2(119-Y4CoRS4MIDIIti 'Pwieut Tdhi Msolics-Cossiche Flood Risk Roduciiim VIrmilri/4” Re.+ItoralkItn Rtcipiessi Mom: YAKIMA CC)IINTY Nic:16 of29 September 30, .and October t through December 3 i . Reports shall, be submitted within thirty (3,0) days .after .the end (tithe quarter being reported. e) RECIPIENT rnut submitwithin thirty (3(1) days of the, expiration date of the project, unless an extension has been approved, by ECOLOGY, all. financial, performance, and other reports required by the agreement and fending program guidelines.. RECIPIENT shall. use the ECOLOGY provided closeout report thrmat. 2 I .. PROPERTY 'RIGHTS a), Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable, property under this Agreement, die .RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, tecover, ur otherwise use the .material(s) or property, and to authorize others to. use the stone for federal, state, or local g.overnmentpurposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present paper, lectures,. or seminars involving information supplied by ECOLOGY. or use logos, reports, maps, or other data in printed reports, signs, brochures, p.amphlets„ etc., appropriate credit shall be giVen. in ECOLOGY. e) Presentation and Promotional Materials,. ECOLOGY shall have .the rig,ht. to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any 'manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials, d) 'fungible rNperty j4)-014,j;0.)1,9cr urrent edition or Administrative Requirernents.for Recipients„oLEcolog Grants, and LORDS,' shall controi the u.seand dispositim of all real and .personal property purchased 'wholly or in part with funds furnished hy ECOLCIGY in the absence of state tout federal statutes,regulations, or policies to the contraty, or upon specific, instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in perfOrmance of the project., it shall, be returned .to ECOLOGY prior to final payment by 'ECOLO(Y. lisaid ,property is lost, Stolen, 'Or. damaged While in theRECiPIENTS pos,scssion, then ECOLOGY shall be. reimbursed in cash or by scloff hy the RECIPIENT fOr the fair market value of such property. Acquisition Projects,. The following provisions shall apply ifthe project covered by this Agreement includes hinds far the acquisition of land or .facilities: I. RECIPIENT shall establish that the cost is fair value arid reasonable prior to disbursemant offunds provided for in this Agreement, 2, RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by ibis Agreement, Such evidence may include title insurance polieies„ Turrens certificates., or abstracts, end attorney's, opinions establishing that the land is free from anyimpediment, lien, or claim which would impair tbe uses intended by. this Agreement, g) Conversions, Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert arty equipment, property, or facility acquiredor developed under this Agreement to uses other than those .for which assistance was originally approved without prior written approval of ECOLOGY, Such approval may be conditioned upon payment. to ECOLOGY of that portion of .the proceeds of the sale, lease, or other conversion ur encurnbra.nce which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22_ RECOR.DS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial record.s relating to this Agreetnent, including any engineering. documentation and .field inspection recants trf all con„structiam work accomplished, All records shall: a) Be kept in a manner whicb provides an audit trail .for all expenditures,. h) Be kept in. a COI11111041 fLk to facilitate audits and inspections„ c) Clearly indicate total receipts and expenditures related to this Agreemerit... Templkte itineatils Exhibit B - OCR Grant Agreement Sulk or Wastiargknla I) parlanerra of neology Agreement Noi WRYBIP-20t!7�YYCoPS.000116 Projeci'ntle: Nachesa:otviche >+'lood. Risk 1terIuchon and Flvodpruin Resit -nankin Recipient.NAItIC VMUMA.COUNTY Post 27 ar2`9 d) Be open lbr suclit car inspection by ECOLOGY, or by any duly mall :Ind audit representative of the State of Washington, ftrr° a period of at least three (3) years latter the final grant payment or loan repayment., or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records, ECOLOGY reserves the right to raudit, or have a designated third party audit, applicable records to ensure That the state has bean properly 'invoiced. Any remedies and, penalties allowed by law to recover monies determined owed wilt be enforced.. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY 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 (3) years fallowing grant or loan temtinatiorl or dispute resolution hereunder, RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at al l reasonable times in order to monitor and evaluate performance, compliance, and any other conditions under this Agrecrnant, 23. R,ECOVF RY OF FUNDS The right of the RECIPIENT to I in monies received as reimbursement payments is contingent uupon satisfac of this Agreement and completion ofthc work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowahte cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds, Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT'S liability to repay, monies will he reduced by an amount reflecting the fair value ofsucli property. 24. 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 he severable. 25. STATE ENVIRONMENTAL POLICY ACTT (SETA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State E;nvironanental Policy Act (Chapter 43,21 C FCCW and Chapter 197- I I WAC) have been or will be mei Arty reimbursements are subject to this provision. 2fr. SUSPENSiON When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT, RECIPIENT shall resume performance on the next: business day following the suspension period unless another day is specified by ECOLOGY. 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is Bally encouraged to implement sustainable practices and to purchase environmentally prelerabte products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing. hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPFAT registered computers and 'rernpinte Version 1OtMU241915 Exhibit B - OCR Grant Agreement Stole ur w;t3hingten Department a nt: Cleo Agreement Nrn waynin unr-1aciiesaxwes Rai es �uwq he Fk d Rick Reduction and RomI ithi YAKIMA COUNTY Recipient Wane: t'ane 28 0t29 irna,ging equipment, independently certified green cleaning products, renta:nufacnrred toner cartridges, products with .reduced packaging„ office products that are refillable, recharge able. and' recyclable, f 00% post -consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY`s web page, Green Purchasing, baps://ecalogy.w a..goo/Rego nouns-PeimitslGuidastet-tet.hnical-assistancelSustarnatlslo�Iatrrult ing. 7g. l I R.MINATION ... t'nr'Caalse r.. _. .. ECOLOGY may terra-nate for cause thsa Agreement with a seweu (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement req,ltirement or .for a material breach of any term or, condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms. of this Agreement prior to the effective date of termination. Failure to Commence Work, ECOLOGY reserves the right to terminate this A.t;reement it RECIPIENT [ is tr+ commence work on the project funded withal. fvttr (' ') months after tlta: effective date of this Agreement, or by any date mutually agreed upon in vvrlting for commencement of work, or the came period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the. RECIPrENT is contingent upon, satisfactory perfwttttaattct by the ki CIPIEN F of wall of itsohtigatioras under this Agreement. In. the_evetttthe.REECIPIE'NT unjustifiably fails, in the.opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any fislther funds, terminate in whole or in part this Agreement, and exercise any nther rights under this Agreement, Despite the above, the RECIPIENT shall nut he relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this .Agreement. by the RECIPIENT, ECOLOGY muy withhold payments for the purpose of setoff iuitil such time as the exact amount of damages due ECOLOGY from the RFCIP'iENT is determined, b) For C.nnvenaextce ECOLOC YY may -terminate for convenience this Agreement, in whole or in part, loony reason when it 'ts the best interest of" ECOLOGY, with a thirty 00) Calendar days prior written, notification to the RE[ I1 fI l 'l except as noted below. If this Agreement is so terminated; the parties shall be liable only for performance rendered ur eusls incurred in accordance with the luaus of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY'S ability to make payments is contingent on availaibi ity of funding. In the event funding froam state, federal or other sources is withdrawn, reduced, or limited in any way alter the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement,. in whole or park, or renegotiate the. ALfreetnent, subject to new funding limitations, or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options will no notification or restrictions. atltlortugh ECOLOGY will make a reasonable attempt to provide n .lice, the event oftcrrrrination or suspension, ECOLOGY will rrCirtabtrrse eligible e fasts incurred by the It..L.CIPIENT through the effective date of termination or suspension. Reimbursed. costs mast be agreed to by ECCDLf7GY and the RECIPIENT. In no event shall E,COLOGY's reimbursement exceed ECOLOGY'S total responsibility under the agreement and any amendments. It' payments have been discontinued by ECOLOGY due to unavailable titnds, the RECIPIENT shall not be obligated to repay tunnies which had been paid to the RECIPIENT prior to such termination. RECIPIENT'S obligation to continue or complete the work described in this Agreement shall be coating t upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement Template Ve,mion IGt3w201.5 Mete, Agreement N Project ring, Re op letat Na. Exhibit B - OCR Grant Agreement rtttP=zrt -YPh-aatt it e t vrcl'e r m [irsk Ak1MA "OiNTY' C LOttY and the OP ENT may di: [[ finished prepared hy tt RECIPIENT she documents and other ns Nothing contained bet rdance with Repave this Agee] in w[xra[e rar ita p{tt, at an three, by oral w ttttaet ad documents;„ data stud i s, seat veys, draw[aips, rnr�s x artttdis, photographs, parts tar ©ttttr artateri[s ENT under aria A rn rent. at tlac, optattrt ol"ECOLOGY, will become propea ty raf t t L Q '' and the titlod taa receive jatst and t qupansatdon for y satisfactory work completed on such ell preclude ECOLOGYtrearrt deraatadtng ratatytrrrai t#i tti] tetrads paid tothe [i[Ptl[ art,' at' Funds, identified hnr laaa tit P FY BENEFICIARY PIElT shalt ensure that an all sahccaratracts unttared dattta by lire Itaiis[l" ta+arstttar t to this Ag In tctt is ntaratad as an express t[ and parry banetiei ry of su b stalacttntrac is itta ttal] rights as sea+ 0, WAIVER avor of a default or breach al any prra ✓i titan €t3 t[aea Agra is not a waiver of any bs ent d f ult, tad 'Ifia aclt nett be scan trued as modi cation tat'th teotrts cat flats A r rrt trt traalcas state l tas ttt [t era writing day the ninth t�tir s rgtativecat"ECOLt tr4' Exhibit C - FbD Grant Agreement BOCC Agreement 322 2019 Yakima County WA Agreement No. SEA FBD-2019-1raCoPS-00050 tt(I I LANDS FL ►DPLAINS BY OE I N AGREEMENT BETWEEN THE STATE OF WA.. N T41tN DEPARTMENT OF ECOLOGY AND YAKIMA COUNTY This is a binding Agreement entered into by and between the state of Washington, Department of Fscology, het einatter referred to as "'ECOLOt Y," and Yakima County,. hereinafter referredto as the 'RECIPIENT." to carry out with the provided funds activities described herein. C;ENF�tAL NFO1 t fATION Project. Title: Total Coat: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Proje4t.Short ..Descri The RECIPIENT wi Powerhouse Road to reconn Yakima. The RECIPIENT wl Naclies Cowiche Setback t,evec Constniction and Riparian. Planting $516,000.00 S516,000.00 $516,000.00 $0,00 07/01/2019 06/30/2023 Floodplains by Design levee on the right bank ofCowiche Creek between U.S. Highway 12 and oxirnatcly 3 acres of historic tloodplain and reduce flood risk to the City of evc'lop and implement a riparian vegetation maintenance plan for the confluence of the Naches River and Cowiche Creek to restore degraded riparian and fioodplain functions. Pnject_Long Description: Moderate flood events on Cowiche Creek in 2016 and °2017 led to the r pid progressive failure of the levee on the right bank of Cowiche Creek just upstrearn ofU,S.. Highway 12 an the northwest edge of the City oFYakima, Washington, Constrained by the highway embankment and other anthropogenic developments, the floodwaters were unable to return to the creek or the Naches River and caused extensive damages far into the city. The events highlighted the existing vulnerabilities and the pressing need for coordinated flood risk reduction actions across the Exhibit C - FbD Grant Agreement St.rt g4`WkohrNg wrt 1argy�3,rtPrr9rla i9?`�.' =rstc� ' 'E'.+tFT1rJ, oi5 l` e',t' Arltlilks±I Piaacbeta•4.'.awche^?iatt?uck t..G:vve t_ 5'akirm County aatara fit Nacho-Cowi+ 11v olltlueTl c. lfstil littg oil ttte r carnrn ntla?per Yaikima Comprehensive Flood Fty.ard Management Plan, the R'F CIPIF°N'1dervelogcd the NachesrCaivvia Iae Rlcarrd Risk: Rcduetirm and i londplain Restoration Project (Project) to coordinate. the design and implem,rt ries or ant metaled flood ltlattrd reduction actions and tlondplain restoration efforts across the confluence. htr th Phase 1, Prclionin Phase 2, Final design and porn Phase 3. Construction, r vege. and re-rnatppl Project arc rondo'e T3uildi tlig ctn the 4 f3il' efforts, this f;'lntidi ennstruction or:i. etitaic . IE"Vi°e 011'Fl`i ri new levee will significantly reduce the flood risk to l by? t grant tr rti C1 n '`ttttati'rta 13asITa Intr, hk7 gra It provides funding, Fear part t lie F',:reet 11e1^ten l iighwaay 12 ai1d Pea? 16,1006 residents in the City of Yakima. 3.th Ehl) grant. KIso Funds the development' and implementation of a riparian vegetzidctn s raintenancc plan. The piano effort will accaIerate the ecological rec.rverY of the tioodpl;'!.yr r the consln lion of t@te eft ele The goal for this PhD 1'ant is the suet. ltsl Ca 1 s1rU 1iott at a. hood risk reduction lc vec be Powerhouse Road, and the implementation of ri-*and planting efforts at the Nac continence. This Phf} grant is a sulisltinli€al step towards' the tvr.nttttal t°cali:ration ofthe objectives for Elie cola,ithing Niches-C"'owirhe. Project effort; 1. To reduce the flood risk to the City pi -Yakima fi. I-lighway 12. Powcrltous f clad, arnd adjacent vwork.ing dg,riel, hural Iwnd,S. 2. To reduce the need fur costly sand t115:rupLive nrergc.ney ninintrn eats c and r p nwse of (e.ga r'cr r1 closures, flood -tights to prc4'4,nt berm overtopping, channel 3. To restore fish pa sago, ecological Ilondplain liulc:tioh,, and itatroi1a1 leas' nasti e €artJ cnd<an(ure rl spec C nwvichv Creek and within Me Naehes flcaodpinin and con fottialatic 1(ililItf`..Ilg Pao z o12,1 Pit Exhibit C - FbD Grant Agreement trrrrar�nE �tk'R ;�I®�� SEA Ph! t* A!tirc r om J RTC II I Ai" INFORMATION <I r 'Yak Count iC l 6l'd$7 DUNS Ni644 M iLitt :+ ddrei : ,L1E11 rCo 1 rrtr.Wshin trn1 rot Rtlt*rm Sigri Exhibit C - FbD Grant Agreement PI a5ax: lSt71 rra Vu hl to i� 01 1 m 11 16 *id.haw II E' aoi7-22a77 Exhibit C - FbD Grant Agreement �or9qIC:ni i7k�6.d31 tl� '��r..1�tdwt+c4(t°h4• ;�R[.ha+.9, f�inv�C'ohr�s4er.�ei€fi« nrG9 t�ra�aa� ftt Address: Off: 47600 IYI :l Pn c: (360) 407a7 i F Exhibit C - FbD Grant Agreement San cco-rwash ingtrin Department or Agreement Ne 5 04113113-za 9-Y,rtaS.-non5tr prryeca "lulu Naehea•Ca+wirheSalsa c Lever Carpsnucttun end Riparian Planting Rrcipreni Nitnre: Yelrimn County AUTH tRlZGINATURES Page fi of 24 RECIPIENT agrees to furnish the necessary personnel; equipment, materials, serrvices, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the eAgreement, inoluding all the terns and ccmditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws. statute., rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RE:CIN WT" has read,, understood,. and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandlrtgs or represcntati other than as set forth, or incorporated by rcfmnee, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective Staff contacts without the concurrence of either party. This Agreement shall be subject to the avritten approval of Ecology's authorized representative and shall not be binding unti approved. The signatories to this Agreemen organizations to this Agreement. Washington State Department of Ecology Shorelands Program Manager Template: Approved to Form by Attorney General's 0glee '[ srrphn Yersrnn hat fey have the authority to execute this Agreement. and bind their respective Date. Yakima County David. Haws Date Environmental Services Director Exhibit C - FbD Grant Agreement State of Waslhiniztan Department 4,1'FioatetKv AgmcmenlNa. SLAfIdD-21.114.Yrieo ``ti.1tltp$Gt Projeet'Yilc: Neches-Cowiche Setback t,evee Cmstrnmian and Riparian Planting Rccipianl Nuit Yakima Cvunly k of the Board Linda. Kay O'Hara Deputy Clerk of the Board Template Varalon 10130,2015 Michael Leita Yakima County Commissioner Norm Childress r ima County Corn mi inner Ron Anderson ram— Yakima County Cornmia2iener Puhte 7 0(24 BOCC Agreement Date Date 322-2019 Yakima County, WA 51{rt� Cat 14'zz;0td41'iw hgretmen( Ilia' 9 gel Till tSA'.4:r r?r4" ',Not SCOPE 01 WO Task Number: Task Titll _l��yk Urr A. The Recipient wilt administer the pr( Responwibilitios ri1I include, but not be lirnatcd to: maintenance of projca t rucords; submittal or request t sr r imtittrsottaent tticl t,rsci kpr rsllitag P,=a4i l.lp riui orientation; progress reports and rccipicn4 close report (including, phottis ctaraiplisinco wish hpplit.aFale pm tssairor le riles crtntrisaain , and inter -local srp?reclt1crit. tegiiircn application ref, receipt t and c.trrripliealice with all requiresI pet°rriir , licenses, caaomenta, or property rights necessary ler the project;. and submittal ufroqulree performance items, SHAPtah-2ril9',•k5 Mil!Che,efe ,4w+„I1t �'ikAl�rp r,�sa=,nee" Exhibit C - FbD Grant Agreement au' I..vv+:rpt r9ea rcelra�r aa�d lt�t:+arrr 4s r AJtninistration 13o The. Recipient MOS gc the pr ra3 wring quality control. department; alt afit_ctod local, s out this project in acenrdance Eticrrts will mettle e: conducting, cowditatiiitig, rtaitl scheduling project actisitie al ill he made to maintain cff dive oonvmmi aition with the Recipient's designee; the e, or federal jurisdictions; and any interested individuals of groups, The recipient oust i carry nipietion dates outlin.e-d in this agreement. Budget deviations areallowed between budget objects, e.g.., the RECIPIENT may upend less money on +life task and more on another, but under no circumstances rimy the REV' P112::NT exceed the iota! pet jest cost,. The approval cafthe ECOLOGY Project Manager is motif - deviation. litsk tiottl St ir.tnent,; Properly managed project that meets agreement Task lixjected Outcome;, Timely and complete submittal of reel ' Properly maintained pronnc'idoe;timeti R q fai tit„ Task ;yi_tcZrd rsatrn;; Bails 14te Pr'ajiet Aldministration/Mnna.genrent Deliverables Number °.i Description Progress Reports y adrn for re.imburseme•nt. quarterly progress Recipient C to out Report Summary Report opor s and rcvililent elorsenut report_ Due Date 116!30/2..02 "rrrragek a, VoNiea .a/3 rl(a Exhibit C - FbD Grant Agreement Sii,ILC Wa$thirtglor.a Deput !num. rcult.igy Avvorlem i, I c), Vti(roP$4)1e0 NolenfL MILItt4,-Cowiche Setback. El:A-cc Cotistruction dHqinnurt Ni Vtakini Cmty SCOPE OF WORK 'Task Number: Task TitieJ Setback Levee Construction Tusk Cost: $434„000.00 Tast flescriptiou: The RECIFIENT will hire a public works contractor through a competitive mcnroment process for the construction of a setback ieVeti on the right hank of Cowiche Creek between Highway 12 and Powerhouse Road. 'This- task includes consinfetion costs., construction contract administration, surveying and inspection of the project, engineering services during construction, and preparation of the assh iiil t plan set. The existing levee is enrolled in the U.S._ Army Corps °IF:110410as (Corps) Public Law 84-9) (PE S41-991J Rehabilitation Program. PI, 84-99 provides authority tr) the Corps to repair anrEor rehabilitate any qualified flood control project damaged by flood waters, The RE,C1P1TNT will coordinate' a post. -construction inspection with the Corps 1C eastern the setback. levee is Iiihli fOr continued coverage in the program, Note: The levee will also he designed to meet the requirements for accreditation by the Federal Emergency Management Agency as a flood risk reduction system expected to provide base flood risk. II:ilia:hurt within the context attic Nft unal Hood Insurance Program_ 'The certification and accreditation prcioesS is contingent on thi . implementation or all project c Worts across the Naches-Cowiche confluence, Find is beyond the scope of this ,agreement, LILL' Simszmit; Construction ola setback lever 'between Highway 12 and Powerhouse Road that keeps the levee, in the Corps Pl.,14-99 prograirt. Hydraulically reconnect approximately 3 acres attic Cowiche Creek tloodplido aid improve flood protections .Int the City of Valcima. wecniciltTa$k Coordinator; Dale Meek Setback Levee Construction Deliverables NUMber 2,1 2,2 2,3 tun pluiC 1C1,(31/20 I Description Bid documents: construction plans and specifications signed and scaled by an engineer licensed, r the state of A.'ashington, CIC, Upload to CAGI„ 41111 t1061° ECOLOGY Project Manacer, A.s-binit construction plan set, 'L.Ipload roEAU.. and notify ECOLOGY Project Manager, Annotated digital photographs showing conditions before, during, and after constructionpicod to EAOI„, and notify EC01O(lY Project Manager, Due lia(e Exhibit C - FbD Grant Agreement i"a (7'iii o 1 Ir rua l tirr 111 %la Sri i3 r5, Build' cl fan t vaa prir(2ecty- p ciias T rs°lesr7iro ae rrlwtt r°xat RaT plans i r%ssl ° crx ti)1 ted by tt l,rrn4 €vilBitnat (i �r nt> the l f;=dert (nr rnpal°inrn v^ p'trtt€tarn 111nint nrgnr� lnirrt`r ilaa nrI he wannI len��f 'iac pl� a,3 111 h i c;4�rlti s rtd iiidu tI' v tzailuai Yrti#rr3 rc lrv^(ti xantliin ih praant p riund., Ti- i- iil use r irrnhir wii an of ripart. is at iriitn :.sed r rnraviil raitncvin lr rlia idc ;;ppli . i staran trs tappt2r r i tlrtp caiiwt PI, a i(tc psi ihlial?sti€ rr9 raf ri+i mats r#1' ativ;nluc RECIPIENT will irip( Ftke.[";T di i `C i(1 r P' t:nrrW I Eta iiut ratiprr c ri firs n snssrrrn ri° ^ rtpsvrl t e r ri.i¢n ....n I a(av Irirplurn?rrai trdtr It a°ilssrritur pintatlrc fY rtt iri a criaripnra, lilac. vraar€a rac6iratn t [ ihihitr( lur .izc :ac. k bet and (c-va rhtau s Roo . "("lrr pialntltt t(c rt vViii( ira 3ud� d criiraliir t p t�lu ut#Gtiat 4. tndnd benetrr (al rantive ripninrirart'C cr nrtd iartah irr tirllr d ia, iiec lr rnti ll r t Ca rnt(catl hr l lst"(l llr i vv°ill trl ntli 1 IrstTa l�l w aaT°tl1 p1 taiiisi end uph nd (liars we ropabarir n (esihitritw rrrn l r' Core 1lsnrrdp lima [ cln nand nvildii a in'lhc Ira its rr vir h ccarrlltctt Exhibit C - FbD Grant Agreement id nirarr'0' tw1ntr.rc r eui sr�c1,121sr t y ut` s it tt contract' Ira fr rQ l MCD .11'01, i fg�luat Ft�iit" �tocJ tt�tri� I�l`��L,C34a'r� Ps'srj�et QarQrinwtu�r, iris t,�Iwr as onS bupr lads s. ubrsjQt i 1r i1T,C? a 5 1'r a ctTll n tend opal d tt Ft Exhibit C - FbD Grant Agreement "1313—.�'.IiIN stl� idttii�-;,«V �cu�elar�;e�hra�.A t,,^a,�u�i"�omvarut:¢rertwr,�9 [fil�,x��astis NI n'lr�rr tia6Qratai,`ea}anti.. fi0 r : 7 af? cahca �EdI$10 " Cdd74/1+tt �r carat 1r.�t1 anti ktakkt TTr9a. FOP*. lifiboks C�tttrc�in� Ica:It Data, 07 O I Appalls ed aatliscs [ t at, t Ra Ras tpi tit tvt tCc@a.,„, in9 LI rota tcataact ttlr.r At E rd: �` ttlti rt3k7Cta.t7 �.trfl5t3'ta471" x' pprov rTir . t Ratc Funding p : t twat rtanaiing Expira n Data: 0613t by Desi sk natal !,flats r Weishinglr7u I)e parim nl td'l,colugr Apcment psi Project. Title 12rer:�a em..'f^karnr Exhibit C - FbD Grant Agreement S rvnhf Idfk' U i rr«v`rr(r 13-lit.it NR,dhcyet"pwiehu tiuB�ae",Prf. YakCounty ntliuti Digtribu ittu Sul Recipient f Ecoto as Total RecipientM'atch 0.00 % Recipient Share 0.00 Ecolo y Share 516,000,00 Total 51 ii.000, 00 AGREEMENT SPECIFIC TERMS AND CONDITIONS NfA SPECIALTERiMSAND CONDITIONS Ftotodpltain by Desik,rti Special Ten n4 sled Coniitiorls I . Local Deck on: this grant is rnado in response to a request f r f±alattici.tl dtatnage prevention projects. `The choice of tl000dplain management activitir solely by the Recipient, The Recipient is not acting as an agent of the State 2, Lawsuits: Geology shall not, he restxrtr iltic for° tarty non•a or to llle structures or works constructed. repaired, restored, maintain u 3. Inclemnificatinn, 1l ld Harmless and. Duna to Defend a. Ecology shall in no way by held responsible for payment ol'sahsrie described herein, except as provided in the scope or work, b° This paragraph applies to negligence based claims only-, All oilier claims are governed by paragraph 4 of this section. "t"o the extent the constitution and lawn of the State of Washington permit, :R.ecipient shall indemnify, defend and hold harm les.s the irate, its agencies, cMeets and employees, from ,all claims, suits or actions brought for any or all. injuries to permuns or property arising from, or as a consequence of, negligent acts or omissions related to the construction, restoration, repair, maintenance. improvement or operation of the structures ar work for which this grant is provided, 1f the ,liructures or works for which this grants received are a portion of an integrated hood protection .system, Recipient agrees to indemnify, defend and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out orthc operation, tttaairrtc.nzantc, car repair orthat integrated flood protection s_vsie n; PROVIDED, hosvever, that this provis or1 :is not intended to and shall not he construed as a waiver by Recipient of any immunities concurred upon the Recipient by RCW 86,12,037 nor is it iltCcrtdcd to, and it shall not be construed to, confer any rights upon third patties, c,'fhe Recipient will not be required to indcn)nrly*, defend, or sase harmless the State, its ag, na trrest=iin the preceding p,atagraph of this ,section it the claim, salt, orarcainh for injuries, d.eat ddressed by this wapa' rpt 3n UfIS�e'TI nt is a local dccl d.urltagctar iaalee roaldenlnratir improved pursuant to this grunt. thcr costs related. In the `S is caatrsud bt° th sole negligence of the Stale. Where such claims. suits, or actions result 'from the concurrent negligence of (u) the State, or the h,i the l ecintent or the heeipzirrrt's agents or employees, the indemnity provisions provided in the preceding paragraphs of this negligence of'its regents and employees, d, To the extent that the constitution and It I he valid and enforceable only to the extent of the 'Recipient's negligence or the 'Washington permit. Recipient shall inticmnii artti hand hanriless Exhibit C - FbD Grant Agreement Siwe ol-W-ashinlseon Lael:+ulntlt'hr Orr:01010 :Igrcegtcnr No tit ,sari11)-201+:+-V lnrti-111.1015r,i 44Title Nacho -Le aic,hc Scala i;k I deer• r. e1,rrauu11m Ind R k{45",tnf�nl mow Ya muG"t,cirW the Siatc or Washington, its i7 mainl€t ✓race, rr r'epai grant. lithe structures Recip any and all liability urtsin however, that the Olden -in Rde4=ipicnt ninny ittltrtaan'iti 111 cies, employees, and till teea° agailtat kny grad €all Iiataiii orkn constructed, restored, repaired. rnapnrai ;tint ix recetvesi are portions oi'an integr defend and hold harmless the State of Washington, its agencies, employees, and the aperation, maintenance, or repair of that integrated flood protection System; FRO a d &his Para raph arc rot intended to and shall not he eanatrued as a waiver by ed upon the Recifsiv nt lay" RC»W 8ti,12.037 nor are they intended to, and they shall not be construed to, confer any rights upon third parties, This agrcerneattaq:i including, but not limited to, inverse cund4ninatit 4. Deliverable r provided by tiCOLOG'n p I f needed, RECIPIENT will negtatiakte ariy I°evisintas to deliveruh4c dtae alati s vfltlr I i"Ctk t)ti Y'°s Project Manager, If el are approved, RECIPIENT will resubmit the Form vitfa the revasetl du dates to ECOI tiCa"r`"v Project Manage who .tat upload the rc:v'ised Form into I:AGI., ion, indem 11 ed or improved as a result aft nt, nuts -co Ily based claims d ell 'Mafia 5..Arty development active ity funded by this gr urvt whi (FENI,A)-mapped rtgulaatany£ ITecsdplain, also lkaodptain development perratit froiru the 1. CFR 59,1 as ", „and mam made change to it°nprvrvred ar unim stnacmres, mining, dredging, i'illinfte grading, paving, exeavttl Further, any activity funded by this. grant may change the base, 0 Communities are required by 44 CT R ti5_3 to submit JIMW data to RYA i elevation and the regulatory map (the SF IA.), FLOODPLAiNS BY DESIGN FENDiNG PROGRAM AND CCtNdyl l lt:kNS T,,v4T' UPDATED 09/12/2019 G NCI;.AL FEF)I RAL CC)I'YI)t rioNS ency Management Agency rd Area (SERA), may trigger the ned for a urisdiction. "Development"is. defined at 49 but not limited to buildings or other rage of equipment or material;," nges atYeeting tha: floodplain. .7AAP EMERGENCY GRANTS S TER r" ND If a portion or 011 of the funds for this agreement are pruaided through frd+er + used to match a federal grant award, the following terms and conditions appl d undfng atrtrrets tat tfriv a.grcement is A.C.ERiIFI%ATIOFI"AROICJ,O,SUSdEMION,LiEBARMENTINILICI.F,31„LITYO42_VOLUNTARY EMU [SION: I. The, R.3CWlEN`r/C(1N°IRACTOR. by signing thi debarment, declared ineligible or otherwise excluded from contracts paid for with tcderul funds, lithe REC IP1ENT"WCC contained in the certification, they rnu pte;av°itlevata cxplanatiun as t 2. 'The RECIPIENT/CONTRACTOR shall prcv"ide it radiate written ev+ritce to ECOLOGY if at any Lime RECIPIENT/CONTRACTOR learns tlt tt its certification was erroneous when submitted or had became erroneous by reraann of changed circumstances, 3 The terns covered transaction, debarred„ sta. to primary covered transaction, principal, prop, al, anc3 vavEttntat`i y c 'tr•riitalau Vur!a+een 10i5 1115 r tie cr,vered ti`a hided, as cased 'in 1:ir+n, pa ;ve the nlesaning set Exhibit C - FbD Grant Agreement Sure orwnshir mn I:iepartmnnl oC Ec©In .Agreement Nu SEA11313-:019-VsiCQP3•0050 Prrject °T'141e T chcs-Cowiahu Scemek l.e+ee Cnmttructium and Rilpirimn trlaoki ttegiritut Name: Y4krnsts Cciunty tool in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4, The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any Lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, hoed ineligible, or voluntarily excluded from participation in this covered transaction, 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions.. 6. Pursuant to 2CFR 180.33f0, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier crrvered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code oaf Federal Regulations may result in the delay or negation of this funding agreement, or pursuance (illegal remedies, inciudit suspension and debarment, 8. RCCiPIE"NT/CONTRACTOR agrees to keep pro contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will he approved for payment. RECIPIENT/CONTRACTOR must run a search in lattp ;aat�T�lsy�<�and print a copy of completed searches to document proof of compliance, B. FEDERAL FI.YNDING ACCOUNT FM f EOUIRiYMEN'f S CONTRACTOR/RECIPIENT must complete the FFATA Data. Collection Form (ECY signed agreement to ECOLOGY. id all lower tier recipients or s Any CONTRACTOR/RECIPIENT that meets each oft top executives using the FFATA Data Collection Form. Tl d return it with the he crirta hclerFv muse report cssmr2eTlsntion for its five • Receives more than $25.000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than $25.1 0 000 in annual federal founds, Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection. Form. Ecology is required to report the FFATA information for federallyed dements, including the required DUNS number, at tiv_tit ti,�,f .r r�aA„ I tt ,mn; sw ; t t ,within 30 days of agreement signature. The FFATA information will be available to the public at t;Vrm tfbj L, For more details on FFATA requirements, see pl Exhibit C - FbD Grant Agreement Slate [,rYVGhhi AWctIrPrrt, SEA id r roie i Tint ele ;rt r �a cte athavk T tear t, rtarnu Reosirai. Name: Yakima Careen= GI:NFRALTERMS ANt) CONDITIONS Lv t'taiaaing to Grant and Loan Agreements With thestate, of Washington, Department of Fcok t,IENERAt, TERMS AND CONDITiONS AS OF LAST UPDATED 7-1-201 q VER.., . ADMNISTRATIV!_. REQLIIREh+II?NTS a) RECIPIENT shun follow the "Administrative,Regniteurents tnr Recipiertt off-creticegw C4rrtatts and"Moans SAGEE itican (hapsflfortresa.wa guviecylpubis'cations/Surrtmiu)"°Pagesll70I004,html} b1 RECIPIENT shall complete aaiil uetivities funded by Ibis Agreement and be fully responsible for the proper management of all funds and resources manic available under this Apreem.rtrt, REC 11"rtE�iviT a s t talcs cart letr responsibility for all actions taken taaader this Agreement,. including cosuring all sub ratite s and contractors comply witand conditions of thi fry ecletit. ECOLOGY reserves the right ro request proof of compliance by suhgi arrtees and contractors, d) RECIPIE,NT's activities under this Agreement shall be stabled to the review arrd approval by ECOLOGY' for the E;ttem and character ofall work and services, 2. AMENDMENTS NfS AND MODiFICAEIONS Tttis Agreement may be uttered, amended, or waived ortly by u written amattdrttent exeCtat c1 fay tetrt}t psattiec. Nra sttitsaque.nt modification(s) or amcndmenrts} of this Agreement. will he of any tierce or effect unless in writini greet signed fay' atrthnri2ed representatives of both partio. ECOLOGY and the RECiPiF NT may change their respective stall mittistrative- infivrination without the concurrence of either party. _, ACCESSIBiLiFVREQUIREMINTSFORCOVEREI)T'.CINOLOGY I`Ite RI CiPIEN"f ntttst tornply with the Wtashington. State+Office ot the C:hierlufotrraaits`on C)f ucer, t)C.� t) �T'cliey� nit 1S8:, Accessibility thttps:Irock,,wa.govrpolruy!nr eessib'utity) as it relates to "covered technology," Tilis requirement applies to till products supplied wider the agreement, providing equal access to inforrtilatinn technology by individuals with disabilities„ including and not limited to web sites/pages, web -based applications, software systems, video and Hudio content„ and electronic documents intended t(lr publishing on Ecology's public web site. 4, ARCt11t„01.,OfI ,AL AND CULTURAL RE OURCES RECIPIENT' shall take reasonable action to avoid, minimize,: bee,: or mittg The RECIPIENT must agree to hold harmless the State of -Washington in re lc rctai t i any cl aiasr eel ated to tiistoricrat oreuttttral artifacts discovered, disturbed, or dammed due to the Rt CiPIFIN1"s project funded tarader this Agreement, RECIPIENT shall; tr) Contact the ECOLOGY Program issuing the grant. or lto discuss any Culttarttl R srattrr.eq regseiranternt Iav°their paler For capital construction projects or hand acquisitions for capital cttnstruchctn tvreneets, if required, uosriply with Governor Executive Order 0 0>, Archaeology and Cultural Resourt;es. • For projects with any 'federal involvement, itrequircd, comply with hies Nsatmr east hlastor'ic Preservation Act. • Any cultural resources federal or state requirements must he completed prior to the start of any work on die project si , h;t 11 required by the ECOLOGY Program. submit an Inadvertent Discovery Plan OOP) to ECOLOGY prior to imp}erncntiaa tarty project titer involves grotuad disturbing, ractrvitius_ EgC'Ct1,.tN)Cs'Y ti+fill provide the tDP form. RECiPIENT 5hail: • Keep the to[' at the profect site. temp ld:ncY'';rorr,r, 1(0020l, Exhibit C - FbD Grant Agreement State or W:asirngdatia taepautmc,ri ol't Ada, p AlaWrnsaal No S7z.,hFRt (11:44 C.0 t.a()115a Pr❑jeea`I`iiam Nreclie5-Ca,..515 re Setback Lei:vec Craifilco 7 met Hirc)55 ft.e0picot Nov Yakima Cuunaty ▪ Make the IDP rear lily avaibible. tO nnyOileWork,Jng sat the prat vei, site. • DiesDISCI,ISS the try wirlIT and contractors working at be prcalrc sip. Implement the IDP when cultural resources or humanremains are round at th' Faraljeet site. If any archeological or historic resources are ("Mind while et -inducting work under this .Agreement: Immediately strap work and notify the I%Cv47LOGY Program, tlic Deportment or Archaeology and ili, tarie Pre watinrt at Meted Tribe, and the local government. c) di irany human re • tauriediat< ECOLOGY Program. e) Comply with R.CW 27,53, RCW' 27 14.055, and RCW 68,513,645, and all other applicable local. MAW, and federal haws protecting cultural resources and human remains. hile eondaaetinP wot9e a.lrader this Agreement: nd notify the local Law Enforcement A 5. ASSIGNMENT No right or claim of the RECIPIENT ari Medico 7 of 24 Office, and then the ndcr this Agreement shall be transferred or assigned by the RF C1I'JII N"T, fi. COMMU,NiCATION RECIPIENT shall mane every effort to maintain efiective ctmimunicatinnn with the RECIPIENT'S deal affected local, state,, or federal jurisdictions, and any ira'tetn stetl irvdiaridn➢alk or groups, 7. PL. SATIC:)N A, Any work performed prier to effective date of this Agreement will be at the sail e 'pcnse and ECOLOGY must sign the Agreement before any payment requests ran be submitted. h) Payments will tic anadc on a rtrimhursuhie basis lie approved and completed work as speeifed in this Agreement, e) Rh,C:IPIENT is respcaisilile to determine if costs are eligible, Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure, dj RECIPIENT shalt not invo'iee entire than once per month unleea agreed on by ECOLOGY. e) ECOLOGY will not process payment requests'svilhout the proper reimbursement forms, Progreso Report and,atapporting documentation, t CO1 OGY will provide instructions for submitting payment requesLsn I) ECOLOGY will pay floe RECIPIENT thirty (30)days :alter receipt or properly completed request ftrr payment, tll RECIPIENT receive payment through Washington State',s Office of Financial Management's Statewide Payee Desk. To receive' payment you most register as a statewide vendor by submitting a statewide vendor registration Form and an IRS W=4 form at tvebsite, hups;l/nfn) wa,gownlit systemslstatewidc-vendorpoyec-services. If you have questions. about the vendor istration prueeia, yttta e tat t Sant ttt tit$ate vid Payee l Et 1p 13eslc t ( 60) 407-8 180 or email PayeeRegista atroni t;otm,wa,gov, faun, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to riiy ecimpl a vt°arh ant tetata tar condltlon cafthis Agreement_ Monies withheld by ECOLOGY may be paid to the RECII'GL.NT when the work described I➢crtnt. ur a lacrrtltn thtreiar, pletezl iIi as F C C)I.X)(.;Y`'s wile discretion, such payment is reasonable and approved according to this Agreement, :s upprnpriate, or upon completion of an audit as specified hereirr. j 3 RtiCiPII N'T must aralani t within thirty (30) days after the expiration dote chin.. ement., ail financial, perfiaa'agtanttt cant, lather reprni required by this agreement'. failure comply may result io delayed remofro° eaatenl. C.i 8. C-C1MPLIANCE WITH ALL LAWS RICIFIt N l';atyrtes to eoanpfy taffy with all applicable federal, state this Agreement, including but not limited to; aa) RIX I inhINT .agrees to comply with all applicable laws, regulaatl 7rnanitatrVeraarm aaat3Df2liI5 and polio :IF1I'maA `f and peranita aelalcd to rted Slates and the Ctate or Exhibit C - FbD Grant Agreement SOW. of Wonkiowoo1 ;;;� itrnrnt ral't:crlragy� rSRIVVsrrartNo NEAFII114044=y,rr„alp Project line statitictuittewtoir sctittick 1,0Y 164aau w i N on Nildmrir County n ao, 6 .ip.ern 1 ID n Wishingtun ch affect safetu'- hy RECI1'IENr agree to be b and by all applicable federal. and suite laws, rel. NI certifies full ct?rnpliuncc with all applbcublc state industrial insurance rem. aNT" agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required s -erthe project are obtained, RECIPIENT must inclodc time in their ptujoct iirttnline for the ntedintely terariirg:3tit for cause this Agreement as ith above re I1'any provision o'thi conform to that statute or r u. CONfL1C'T OF INTER Et+ T RECIPIENT and ECOLOGY agree tltat tun ire Ftc raview, approval, or can-ying out of this Abreemtertt, shall u(tt have a a(Feel the inlet °c nfany crepe anion, partnership, or assueiatican ira which ITe'. thereof, rule of law of the state of Washington he RECIPIENT 'fails to cd modified to vex!, who es4rcisrs xtztf' IInlet:ton or re5ponsibi1 retinal or tinaneial inteacst, direct or ituclit°cr this Agreement or the proceeds 10, CC)N"TRACTINIC FOR GOODS AND SERVICES RE,CIPII°N['tarty ctrntaacl tri buy goads or services related to its performance Lindegre r eat, RECIPIENT shalt award. all contracts for eeinstructirart, purchase 6I'goods, equipment, services, and professiaalaafl ar4[aitsch,ta`ltl and engineering services through a coMpetitive process; iF'required h}° `te e taw. RECIPIENT is required to inflow prercureriaen't procedures Mat ensure legal, fair, and Open C(JInpCLitittn. RECIPIENT most have a standard larcaet r'eta c nt Iaraacess rar fullanw urrenl slate procurement procedures. RECIPIENT mast he ovide. written Certilic=atic at ilas7t they 1aas lid lowed th der this Agreermenl. l.;CDEOGY reserves the right to inspec( and request copies uprocurement documentation, Land review procurement is Agreement,. Any costs incurred as a result al'procurement practices not ira corrrplimnce with state procurement. law or t e IF IPiEN1's nurrttal procedures may be disallowed at E:COLOGrs sole diseret Il DISPUTES When there is a ( procedures and applicable state law nharacler offar work, or any Crl.her ITtatt r related dctcrminalion of ECOLOGY will govern, nllhou IT the R[:C°IPIEN T'slantlI, have the right to aplTe,sl dads below: a) RECIPIENT notifies the funding program of art appeal rcytaest. b) Appeal request must he in writilag and state the disputed is'suels).. 1 R.00`.1P1ENr has the opportunity to be heard and offer evidence_ in support id its appeal. dj ECOLOGY reviews the l ECIPIENT's appeal, e) ECOLOGY sends a written answer within (en (I0) busine5 The decision of ECOLOGY from an appeal will be. final and conclusiv putt iCn his Agreement the s us rartsvidcd for dcd, slier concluding the review., 31fI deters fi'tasn the date of such decision, the RECIPIENT N[' furnishes to the Director of ECOLOGY a written appeal, The decision authorized representative will he final arul conclusive, The parties agree that this dispute process will precede any 410011 in a judicial or quasi judkial tribunttt Appeals (tithe Director's decision wilt be brought in the Superior Conn of Thurston County, Rev ie co will not be taken to Environmental and Land Use Hearings Office, trending oral decision of a %dispute, the RECIPIENT agrees to proceed diligently with the I.werfornianee Director or` duly Director's do isiewn is Rgreeinant and in Exhibit C - FbD Grant Agreement S l,'M, 1..):70r'1 NacheNy accordance with the deer ion re.. Nothing in this Agreentccnt will lac vart yh-ned to [bruit th dispute. resolution procedure outlined sh rove_ Page _ 19 of 2°1 ,ally acceptable method, in artthtion to the 12. ENVIRONMENTAL E)AFA STANDARDS RECIPIENT shall prepare a Quality Assurance. Project Phan (QAPP) fora p oetthar cal[ rt or o ur cnvirtrnmentnl measurement date RECIPIENTS unsure about whether at QAPP isrequired for t[triir protect slurll contact the FlCOLC)t;,Y Program issuing the grant or loan, If a QAPP fi required, the RECIPIENT shall: Use ECOI „{1GY's QAPP T"e:nttaEttcJChecklist provided hy the ECOLOGY, unless ECOLOGY Qualit of ter or thek sw prartt f A coorxf8'n.tor instructs otherwise, Follow ECQI.,OGrs Guidelines for Preparing Quality As urance I'raject Plan irae Eawirontrtental Atblieariot No„ 04413-030, QAPPto ECOLOGY for review and approval before the start of the Ivorkm bf I (C'It 1EN`i shall sulatrriE nvirt+taox erltttl date lfo,.tt waas collected on a project to ECM() tssicttr alit 1i orm t[i©n dvlanngemen1 system (E'IMj, unless the ECOLOGY Program instructs otherwise, Tlie RECIPIENT n. I}loaded into TIM, rind instructions at: wwilh Ft 0 000Y than complete amc1 comet dat http t!wawwv ecy.w'a.gov!eirn.. e1 RECIPIENT shall follow [mCOTO(3Y's data standards when Geographic Itrformatl process rt, Guidelines fur Creating and Accessing GIS Data are available, at: htl.ps,ld`ecology_wwmgoviResearch-DataData-resources Cieugraphie-Inlorntation-Systems-GISiSta.mtarci5_ REC'!P1ENT, wvhr requested by ECOLOGY., shall provide cottie..s na f "()I f)Ci " of tall finial GIS data layers, imager}°, r¢ lctsrcl tazhle=ra, row data cull v icon files, map products. and all mctadala ranch prpjcct cFr unaentation, 13. GOVERNING. LAW This Agreement will he gavelteid lay rive 1s in the Superior Courto'f'Thurston County. hington,. and the venue orany° action brc 14. INDEMNIFICATION ECOLOGY will in now ay he held responsihle for payment of salariaw, rrrnst?ltanl described herein, except as provided in the Scope of Wok, f"n the extent that the (.`.pnstitution and Itrw°.s of tlle Slntc col`'\)'iIingtort pertaatlw e do harmless from and against ariy liability for any or all injuries to persons or propert that party or that party's agents or employees arising riot of this Agreement. 15.. INDEPENE)ENT STATUS The employees, volunteefs, or agents ca) a as it Evart employees, volunteers, or agents of that panty. and. 1 irl [ (QA) lal :ed rand ll be d hold the ocher tat set tar tsmission or tt c d in the tturi't I°tat aate,a> c £'this Agreement will Crlrttinue to be n ' lwrarprne be employees, volunteers, or agents ttf the rtth r 1(e. K1(:KI3ACKS RECIPIENT i, prohibited from inducing by any means any person employed or otherw1sr involved in this Agreement to t ,any part Mahe eornptinsatdon to which tie/she is otherwise entitled to or receive any .fee. commission, or gift IIt retptral fir°t of subcontract hereunder. [7. 1v11NORIiYAND WONIEN'S Eat. SINIt; C:N'TduRPRiSES 'ram Exhibit C - FbD Grant Agreement $9on, of Feaaauv SEA rnaa-rtst!'.,`k'e'SCO 'S^tMjltl h"t? tlrryri'a, ov d*.b .Stt,lwk Lvvo&e raaaruetRow r?I ij rhu*1ng \;skint!! t,.(t[ileiar RECIPIENT l is.uneuttra�g,ed t�ra SohCit:and feel"trit, eta tlr Yt nt possible, certified minCrrily-owned men -owned 0/t1E3El businesses in p rchnses and contracts initiated under elate Agreement. Contract awards or t>mjecd ns cannot be made based on I' IWBE participation, however., the RECIPIENT i$ encouraged to take the inllowing actiorta, so Etert pas:.dblc, in any procurement under this A reeuic.nt: al Include qualified min rarity ttrd vt¢tlxicii businesses an solicitation kits whenever they are potential sources ofgnctl tar hl Divide the t75tal reclaaircments. wher r econetmi by qualified minority and womsies busty el Establish delivery set women's bits-ne95i�5. d) 'Use the servie..cs tend assistance or the Washington S (K6 2Oi e1064) and lJte OiTlee tafF Iaraority Business En y feasible, into straaller tasks or quantities, 10 ern equilem nts pC IyI:Id OF PRECEDENCE In the event of inconsistency in this Agreement, unto; precedence in the iiilfowing order: CO applicable federal and state statutes and regulations; (b) '1`Ptr: Agreement; (e) Scap Work; (d) Speelal "Eernw and Conditions; (el Anv prtivddicwns iaa' l=urn$ incorporated herein by reference, including the "Administrative. Requirements for Recipients of Eeologv Grants, 'mid Louis , (I) Ecology Funding Program Guidelinesr General Terms and Conditions nraxlnnaart par will encourage participation ofqualilied min ()tTir t lal`Ulirtority and Wonrcies Business Enterprises (OM Wf3[:1 ices of the I_?. . Department of Comrners e, ss tppropriatc. ;avided herein, the 19, PRESENTATION AND PROMOTIONAL MATERIAF,S ECOLOGY reserves the right to approve RECIIPiENT's communication this Agreement: a) IF requested, RECIPIENT shall preiviee i draft copy to ECOLOGY for review and approval ten (11]) b to production and distribution, lr} REC IP1LN f shall include time for ECOLOGY'S re+.itc�4v e lfrcquesred, RECIPIENT shall provide ECOLOGY two developed., Copies include any prirttcd materials, and all bin pilttr„ products dev^ctcl tape, CDs, curriculum, posters, media announcements, or gadget, with a ntcssarge :rrrlirae et ntrnunieutltats, such as web pages, blogs, and twitter campaigns, If it i5 not p RE,CiP1E,NTshall provide a description (photographs, drawings, printouts, ew tat best re Any communications intended far public distribution that uses ECOLOGY'° log requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY'S logo Contact E;COI,OGY for guidelines. RECIPIENT shall acknowledge in the common hall be reytalved by giving OGRESS REPORTING a) REC'IP.iE:NT must 6atisfactorily cfuutrnstt°fie th ECOLOGY, ECOLOGY reserves the right to tar timely use of funds. III RECIPIENT most srhmit a progress report r progress report. ECOLOGY will define the elements an t) RECIPIENT NT shall rise ECOL,OCrY's provided prof d} Quarterly progress reports will cover the periods from ,lanalai'y 1 through Ivla 'r4arpat,idni Versunn 40d104.Z01.9 d mstter`als aFrgrrvsval process in their prpjcet timeline. final copies and an electronic copy of any tan Mg was provided by "ECOLOGY. s o provide to sents the iteut, rmpiy with L ("OLOGY's gran lic d (a.) ei the ful filinient of s prior ruduets I'theRiCIPiENfd cos, audio any n the rid pro};rest ee t&trt document will not be processed tho r a 1, April 1 tita'otsgh .luue 30 Juiy 1 through Exhibit C - FbD Grant Agreement tiow kk,....sh, Noun brminoontir Flogy hgracIrni, No' S EA.F131)-20 9-`60,VS-000) ti Thi Nactieg,Cowkohe SeibucA I .t vue C.nstwel ion and kvafuri Planthig vc.f picot Name: Ykkirin Grahnly ttgg. 21 of 2.4 September 30, and October I through December 3 , Reports shall he stann tied within thirty (30) days after the end of the quarter being reported, et RECIPIENT most is.uhmit within thirty (30) day0 r Me expiration date of the project, unlessiiextension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and Raiding program guidelines. RECIPIENT shall use the ECOLOGY provided d0600Ut report Ramat, 21, PROPERTY RIGHTS 0) Copyrights and Patents. When the RECIPIENT creates any copyrigh.table materials or invents any patentable property under this Agreement, the REC1NEN r may copyright or patent the ame but ECOLOGY retains fi royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, ot otherwise, use the makirial(s) or property,. and to authorize others to use the sanie for federal. state,. or local government 'purposes. b) ib1icinion. When the RECIPIENT or persons employed by the RECIPIENT us, publkh ECOLOGY illortnasktn.; present papers, lectures. or .seminars involving in formation supplied by ECOLO(iY, or use lnro. reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY, 0) Presentation and Promotional Nialerittls. ECOLOGY shall have, the right to use or reproduce any printed or ,graphic materials produced in fulfillment of this Agreement, ;n ;my manner ECOLOGY deems appropriate.. ECOL.OGY shut' acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction oldie materials, cl) Tangible Property R„ights, ECOLOGY's current edition DI "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition doll real and personal propeny purchased wholly or in pun. with. Rinds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the eontrary, or upon specific' instructions with respect thereto in this Arrteirtrn e) Personal Property. Furnished by ECOIOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall he ret tinted hi li„COLOOY prior lc, final payment by ECOLOGY, If said property is lost, stolen, or damaged whil in the RECINENT's possession, then EC01...OGY shall be reimbursed in crish or by sel.olIby the R RA NEAT .for the .fair market value of:suck property. 0 Acquisition Projects, The following, provisions shall apply if the projeet covered by this Agreement includes 'funds far the acquisition of land or facilities, RECIPIENT shall establish that thecost is fair value and reaSonable prior to disbursement of funds provided for in this A.greement, 2. RECIPIENT shall provide satisfactory evidence. of title or ability to acquire title for each parcel prior to disbursement of Rinds provided by ibis Agreement. Such evidence may include title insurance policies, Turman certificates, or abstracts, and. attorney's opinions establishing; that the land i.s lice from any impediment, lien, or claim which would impair the Lisa intended by this Agreement. g) Conversions, Regardless ()lithe Afitreement expiration date, the l(ECIN ENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assisUmcc was originally approved without prior twiner' approval ofECOIOGY Such approval may he conditioner!upon payment:to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversionor encumbrance which monies granted pursuant to this Agreement bear to the total acquisition„ purchase, or eunstraction coals of:such properly,. 22. RECORDS, All r)i TS, AND INSPECTIONS RECIPIENT' shall maintain complete, program and, financial records relating to this Agreement, including any engineering doc.innentation and 'field inspection reports or alt construction work accomplished. All reeords a) Be keptin a: planner which provides ;try audit trail for all expepditures. b) Re kepi in a eoptiron 'file to facilitate audit& and inspeetiorts, c) Clearly indicate total receipts and ex.penditures raped to this Agfccroent., VdYoll 100.(21)15' BIur.: Irrtrorr �lprceuruisr N i Projeci Title nc i picot Now'. fie irpen for tart 'it'd aril_ least three N`T'shall provide, chart [lean Exhibit C - FbD Grant Agreement STA.r''`Hla-yt7(-w."artt,rati.triitrtii plaehea:;wCena°ocrtic Sinbacl: Levet Construction Planting CWAFIry records. ILt" OI.,OGY reserves the right - been. prop, Repetitive All work perfurmr Mid ttr arty authorized state, hi.iitg V errzrr coon Ery ECOLOGY, or by rtnja duly aut.lvoriaei audit relrresentative of the State of Washington, he final grant payment or loan rcpay{I cot. or any dispute resolution hereunder. and make necessary aitiusturents if tiny audits or inspections identify discrepancies (rr tl 01 have a designated third party audit. applicable records to ensure that the state has by law to recover monies determined owed vvill be enforced„ s may be considered cause for termination. operty° and equipment purchased shall he tide available to ECOLOGY rr.sentttivn for inspection al any time. during the ci+trrse ofthis Agreement: .rnd to at leash three- (3) years f6atkowing grant or luau termination or dispute resolution hereunder, RECIPIENT shall provide right of access ttr k,C1ti)IroOCY", or any other authorized representative, at all reasonable times, In order to monitor arttl evaluate- performance, compliance, and any other conditions Lander this Agreement, 23, RECOVERY Ott FENDS The right oldie Rl. (1'I :T.4T to retain nttvn s receivr l as rcitrrhorsentettt proym nts Ls continformanee of this Agreement and completion of the, work described in the. Seiipa: of All payments to the REM! N'1" are subject to approval and audit by E=CCtl.t-SC Y`, uttd any ttnsatttlrttriaed eapenttit.0 unaliowable coot charged to this Agreement shall he refunded to I3C.Oh,OCY by the RECIPIENT, REECIPiENT shall rebind lo ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement_. RECIPIEN l:'shall rcfilnd by check payable to 3;.4: OL,OCrY the amount of any such reduction of payments or repayments within thirty (33t) drays of'a written notice_ tnrare to will accrue, at the rate of"twelve percent (1 2%) per year front the time ECOLOGY dc.manda repayment of Funds, Any properly acquired under this Agreement, at the opUoti of E CO1 OGY., may become [:COl,OGY's property and the RECIPlEN T°s Iiabi'lily In repay monies will be reduced by an amount reflecting the fair .value or such properly, 1, SUVt RA13ELIT'Y any provision atlas Agreement or any provision of any dt*curnertt ittt t t°poratod by reference shall be held invalid, such invalidity shall not affect the other provisions or this Agreement which con Twe I*ivcn cffent V illtoalt the (nvatlid provision and 1 lhiti end the provisions of this Agreement are declared to he severable, 25. STATE ENViRONME'NTAL POLICY ACT (SEPA ) RECIPIENT must demonstrate to E COLCiGY s suns Gunton thin compliance with the requirements of the State Env ircamtrental pulley Act (Chapter 43,21C RCW and Chapter 1 w7-1 1 WA() have been or will be met, Any reimbursemei uhject to this provision. 2(r SU1SPENSIt')l?I• When in the hest interest or ECOLOGY, ECOLOGY may at any trans , araad riShout catt e, tt p nil this Agreement aaa° rm, potion thereof fora temporary period by wriittennootire Born FCC}l,L' CrV to the. RECIPIENT„ RECIPIENT F shall resume performance on the next business day following the suspension period, unless, another day is specified by. ECOLOGY. 27. SUSTAINABLE PRACTiCES In order to sustain Washington's .natural resources and ecosystems, the RECIP[EN r is ful3y' entcttarated to implement sustainable practices and to purchase environmentally preferable products undo Agr SIT able practices may include such Yc,tivi1ies tts: use of clean energy, use of doubt rang up recycling and composting programs, ine Itltla such iierrns ast srislairahlyr' prncluccrl prod.uc s and setrrices EPEAI' registered compute a ant Stant at Waahtn aw'onepit' No 1 :J l Exhibit C - FbD Grant Agreement nacnt a9i' Ir loototty Nathvs-Cavathe a E "Yakima Canny irrtugin z equipmnt, utdcpendenlly certified green cleaning products, n n omit' pa4lcagirr, products, For more suggestions visit 1 COLO(Y's w tittersWecolitt v'.vvrq.k4rlr"lii tiltlt •rrras-F� rrl7it:. 'd cis that are re iilltrhk, rc.cltarTktn rhle, rind recyclable, ICf1'.'t it as products vide re+ Irad paper, and to ` i . 'TERMINAI1ON } For Cause I,CatrY may te.rlttina[r tier cores:: this rtgrecmcrit r =it a is st °cu 1 c ticn r day s Tacit r wriiit n noUfTcalion RECIPiENT, at the sole discre.ti ait of pt CM1.x()GY, for failistg to perl$)rfn int ry reerrlenl require: any term or condition, If this A .ted, the part k 'hall be liable only for per tuordartci will) the terms of thus Agreement prior to the effective dare of ttrmina:tion,. Failure to (rust :)sense:, Work i.C°))LOGY reserves the right to terminate this Agreement ifRECIE il.fhf'f rate to dmunamerlce t <) on the project funded within four (4) inonths,allcr the effective date ofOtis Agteement, or by any date tnttiaally ttgre d taEaott 1 iticncement of work, or the time per irtd LTehrt d yaithizs the Scope of Work, Nort-l'ertotrmattee. The obligation ol'ECOLOGY to the R1=GTIIFNT is contingent upon satisfactory perfa)rnl;lrtec by the RE.CIPIENT'ttrall olds obligations under this Agreement, In the event the RECIPIENT unjusfiliabl"y lid is, in the opinion ul' ECOLOGY, to perform any^ obligation required of it by this Agreement, ECOLOGY may refuse to pay any further fonds, terminate in wholee or in part Mix Agtr ciitent, and exercise any other rights under t'E)is Agreement, Despite the above, the RECIPIENT shall not he relieved of any liability to ECOLOGY frir damages sustained by ECOLOGY and the Slate of Washington because of any breach of This Agreement by the RECIPIENT, ECOLOGY may wi hhold payments fur the, purpose ofsetoff until such time xs the exact amount rrf'damages duo LCOLC)C,r'Y from the RECIPIF,NhI is determined, Pine 27 .if 14 b) For Convenience ECOLOGY may terminate for convenience This Agreement, in whole or in pars, for .anvreason when h is the best inters t oC ECOLOGY, r,vith .0 rh'irty EdP7 ctrEendar dayrs prior wriltcn notiliCaiinn in the RECTI'tENl', except as noted below, If this Agreement is so ter3inatrd, the parties shall be liable Daly for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date or -terminations. Non -Allocation of Fonds.. l COLOGY.sabiliq, to ::take payment is cotttittgetst ta) auoiEalailat r)CEitnding. En tltccacitt fuaidin4 from stole, fcdcral or outer sources is withdrawn, reduced, or.hmited, in any way alft.r tlty effective tlatte arrd prior to th completion or expiration dote adds Agreement, I rCOLOUY„ at its sole discretion, may elect, to terrninste tits: Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement errnnl ECOLOGY determines the funding insuffiaaenncy is resolved, ECOLOGY may: exercise any of these options with no notification or restrictions. although ECOLOGY will make a reasonable attempt to provide notice. In the event an(ter'n;na fort or fiuspension. EiCOt�OCY will reimburse. eligible costs incurred by the RECiPIEN`E through the effective date of termination or suspension. Reimbursed costs :"oust be agreed to by ECOLOGY and the RECIPIENT, in no event shall ECOL(,G ''s reimburserncnt exceed E,COLOGY's total responsibility under the agreement and any amendments, if payments have been discontinued by ECOLOGY clot to unavailable funds, the RECIPIENT shall not be obligated to repay monies which head been paid to the RECIPIENT. N'T prior ter stet teran iris tir)n,. REiCIPIEN'r's obligation to continue or complete the work described in this Agreement shall be conuirageatt upon availability' uf, funds by the RECIPIENT', governing body, ca E)y A1'tttuaI Agreement 't'�^,nPltlir 4'e�'ll�t� fi5.ix"ill:^ Exhibit C - FbD Grant Agreement I°;Ni rttd>+ 9a a ttta�t tw tilt- r t rkt r7t: ¢n �Itaal tta an iatari. tat .araa t nrr , to tt�sr€l n rit r tFJ 4ri t�•Y4rrt'A't r kA GTf 9#7..iiLl@ All tiro h d dr. urnctat , al gt: to dic m saat u . t�r"raVk'"s#at atadtwl+t, tslaretttat„ °Malt a° a r'ts raa° rttla trtr;tt:wad }° th I a ca this Aga htrrataat, tat the sa trcbnI,)0 Y, will batch rotTa# sus trt tra l: 1h � ttfid'It'(L `" cltd to ec c iv€ ..fiat nixciultatl carats tit, rtt€aara at3r Slat a atta?tr1t rt crat stash dstsuaraatats taau9itr rntuiiuls. wtt9aan rca lnd fCOLS `r' friirr7 tlstat»a#i Iaat r }ttw}atit~ataa x8 ii funds }}sari trr the Rtt't ascc rttrst with tRrsry;a Ftt#stiv, i ad stt lstt tasrirtn 29. T&tRDtAR1 %[ta R ENT' shft rro ur's 6fa is ntR uhsa¢ttra t cntctsd Into lt pa his a l' slaita atria is rttc swi ras tri .• ttaar i tired to alG< h sat i si to°a rr(sualr ttlastttaira ds with dltI cigttt a sui °»aovsr aai a d u..Agreeaaa..rat i, of a altsr `.... stttassi rt� t d uIt u#• L,r ttrh a ra at tar t.trras4a°u c s t aataadi 3astr9itttt ra iha, tsar s apt this.\ uu.. lc d ; stia h in uritbrrattar tha authcaa°i ti 1 aftuti ° cF t:tsC{"a�. 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 4.J. For Meeting of: July 21, 2020 Resolution authorizing an interlocal agreement with Yakima County for the Naches-Cowiche Flood Risk Reduction and Floodplain Restoration Project Scott Schafer, Director of Public Works David Brown, Assistant Director of Public Works, 509-575-6204 SUMMARY EXPLANATION: Starting in 2004, the City, Washington State Department of Transportation (WSDOT) and Yakima County have entered into agreements for improvements to the environment and reduction in flood risks on the Naches River from the 16th Avenue interchange at US 12 to the water treatment plant, including the Nelson Dam project. Part of the original plan that was developed from the Partnership Group was to make improvements to the floodplain at Cowiche Creek. With the 2018 Upper Yakima River Comprehensive Flood Hazard Management Plan, adopted by the City with Resolution R-2018-119, several projects were anticipated along Cowiche Creek to reduce flood risk. This I nterlocal Agreement sets out a process where the City, WSDOT and the County will work together to complete those projects to reduce flood risk and make environmental improvements. It is anticipated funding for these projects will be grants from Floodplains by Design, the Yakima Basin Integrated Plan and Recreation and Conservation Office. These projects include property acquisition, levee design and construction, floodplain restoration and development of some public spaces. The I nterlocal Agreement is attached for City Council review. ITEM BUDGETED: NA STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description D Resolution D ILA D Exhibit A C3 Exhibit El D Exhibit C Upload Date 7/11202O 71112020 7;112020 7111202U 7/1 /2020 2 Type Rcsolution ContrAct Exhibit Exhibit Exhibit