HomeMy WebLinkAbout01/16/2024 07.I. Resolution amending an interlocal agreement between the Washington State Department of Transportation, Yakima County, and the City of Yakima for the Naches-Cowiche Flood RiskReduction and Floodplain Restoration Project 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.1.
For Meeting of: January 16, 2024
ITEM TITLE: Resolution amending an interlocal agreement between the
Washington State Department of Transportation, Yakima County,
and the City of Yakima for the Naches-Cowiche Flood Risk
Reduction and Floodplain Restoration Project
SUBMITTED BY: Scott Schafer- Public Works Director
*Mike Shane -Water/Irrigation Manager(509)576-6480
SUMMARY EXPLANATION:
On August 25, 2020, the Parties entered into an I nterlocal Agreement for the Naches-Cowiche
Flood Risk Reduction and Floodplain Restoration Project. The Parties agreed to work
collectively 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. The original duration of the I nterlocal Agreement was to be through December
31, 2023; however, the grants that were secured for the Floodplains by Design program and for
acquisition, preliminary design, and permitting phases of the Project were amended to extend the
expiration date to December 31, 2025. The Parties altered the scope of the I nterlocal
Agreement with regards to a number of other minor issues and mutually acceptable changes.
On November21, 2023, City Council adopted Resolution R-2023-160 approving the
amendments to the agreement. Subsequently, WSDOT noted one addition to the recitals of the
amendment, adding a reference to the WSDOT agreement number. No other substantive
changes were made.
The amendment to the I nterlocal Agreement has been enclosed for City Council review.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
2
ATTACHMENTS:
Description Upload Date Type
D Resolution 1/10/2024
D Naches-Cowiche ILA Amendment 1/11/2024
3
RESOLUTION NO. R-2024-
A RESOLUTION amending the Interlocal Agreement between the Washington State
Department of Transportation, Yakima County, and the City of Yakima for
the Naches-Cowiche Flood Risk Reduction and Floodplain Restoration
Project.
WHEREAS, on or about August 25, 2020, the Parties entered into an Interlocal
Agreement for the Naches-Cowiche Flood Risk Reduction and Floodplain Restoration Project
(hereinafter referred to as "Interlocal Agreement" or "Agreement"), whereby the Parties agreed
to work collectively 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; and
WHEREAS, the original duration of the Interlocal Agreement was to be through
December 31, 2023, however, the grants that were secured for the Floodplains by Design
program and for acquisition, preliminary design, and permitting phases of the Project (SEAFBD-
2019-YaCoPS- 00050 and WRYBIP-2019-YaCoPS-00006 respectively) were amended to
extend the expiration date to December 31, 2025; and
WHEREAS, the Parties have altered the scope of the Interlocal Agreement with regards
to a number of issues; and
WHEREAS, the Parties wish to amend certain provisions in the Interlocal Agreement
with regards to scope and the term, and make other mutually acceptable changes; and
WHEREAS, the Parties wish to amend the WSDOT number assigned to the original
agreement from GCB 3361 to GCB 3984, known as GCB 3984 Amendment 1, which requires
replacement of the ILA previously approved by the Council; and
WHEREAS, the City Council finds that it is the best interest of the City of Yakima and its
residents to execute the First Amendment to Interlocal Agreement 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:
1. The City Council of the City of Yakima hereby approves the First Amendment to Interlocal
Agreement for the Naches-Cowiche Flood Risk Reduction and Floodplain Restoration
Project. The amendment is attached hereto and fully incorporated herein.
2. This Resolution supersedes Resolution R-2023-160 and its attachment. The ILA approved
in that resolution was never signed by WSDOT, and is being replaced by the ILA that is
approved by this Resolution.
ADOPTED BY THE CITY COUNCIL this 16th day of January, 2024.
Patricia Byers, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
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BOARD OF YAKIMA COUNTY COMMISSIONERS
T.-
Iw
Agenda Request Form (ARF)
0.
Deliver completed ARF and finalized agenda item to the Clerk or Deputy Clerkcciumerrtr
of the Board at the Yakima County Commissioners'Office, Room 232.
Board of County Commissioners Record Assigned
Kory Graafstra
Prepared by:
BOCC Agreement
Public Services
Department: _
12/26/2023 4 4 5 - 2 0 2 3
Requested Agenda Date:
Lisa Freund Yakima County, WA
Presenting:
Action Requested—Check Applicable Box:
❑PASS RESOLUTION ✓ EXECUTE or AMEND
PASS ORDINANCE J�AGREEMENT,CONTRACT,or GRANT
I EOTHER
ISSUE PROCLAMATION
Document Title:
First Amendment to Interlocal Agreement for the Naches-Cowiche Flood Risk Reduction and Floodplain
Restoration Project.
Background Information:
The ILA between the County, City and WSDOT for the Naches-Cowiche Confluence project needs an
extension. Amendment 1 extends the ILA expiration to 12/31/2025 and updates the scope to reflect changes
made in the project grants WRYBIP-2019-YaCoPS-00006 and SEAFBD_2019-YaCoPS-00050.
Describe Fiscal Impact:
N.A.
Summary&Recommendation:
Amend Agreement Contract
r
Department Head/Elected Official Signature Corporate Counsel Initial (;•r Agreements Only)
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FIRST AMENDMENT TO INTERLOCAL AGREEMENT
FOR THE
NACHES-COWICHE FLOOD RISK REDUCTION AND FLOODPLAIN RESTORATION
PROJECT
THIS FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT is made and entered
into by and among the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, a
division of the State of Washington ("WSDOT"), YAKIMA COUNTY("County")and THE CITY OF
YAKIMA, a Washington municipal corporation ("City")(hereinafter collectively referred to as
"Parties").
WHEREAS, on August 25, 2020, the Parties entered into an Interlocal Agreement for the
Naches-Cowiche Flood Risk Reduction and Floodplain Restoration Project (hereinafter referred
to as"Interlocal Agreement"or"Agreement"), whereby the Parties agreed to work collectively 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;and
WHEREAS,the original duration of the Interlocal Agreement was to be through December
31, 2023, however, the grants that were secured for the Floodplains by Design program and for
acquisition, preliminary design, and permitting phases of the Project (SEAFBD-2019-YaCoPS-
00050 and WRYBIP-2019-YaCoPS-00006 respectively)were amended to extend the expiration
date to December 31, 2025; and
WHEREAS,the Parties have altered the scope of the Interlocal Agreement with regards
to a number of issues; and
WHEREAS, the Parties wish to amend certain provisions in the Interlocal Agreement
with regards to scope and the term, and make other mutually acceptable changes; and
WHEREAS,the Parties wish to amend the WSDOT number assigned to the original
agreement from GCB 3361 to GCB 3984. This amendment will be known as GCB 3984
Amendment 1, and
WHEREAS,the City Council of the City of Yakima finds that it is in the best interests of
the City and its residents to enter into the second amendment below;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and among all of the Parties as follows:
Section 1. Section 1: Purpose, of the Interlocal Agreement shall be replaced with the
following language:
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, and
the removal of 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
GCB 3984 Amd. I
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(Exhibit B and Exhibit C) including the completion of grant administrative tasks and the
preparation of grant deliverables. This Agreement sets expectations for coordination of 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.
Section 2. Section 2: Duration, of the Interlocal Agreement shall be replaced with the
following language:
2. Duration
This Agreement shall be effective from the last date of signature below and shall terminate on
December 31, 2025, unless modified by the Parties pursuant to this Agreement.
Section 3. Section 4: County Responsibilities, of the Interlocal Agreement shall be
replaced with the following language:
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.
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.
GCB 3984 Amd. I
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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) 18130941003(City)and 181309-42010
(Private, Lloyd-Garretson Co.) increasing the size of the City lot by approximately 3.48
acres. County will similarly effectuate a lot 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 floodplain restoration and planting
actions across the resulting City 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 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
GCB 3984 Amd. 1
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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.
k. 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.
I. 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.
Section 4. Section 5: City Responsibilities, of the Interlocal Agreement shall be replaced
with the following:
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 formal 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.
c. City will 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 City infrastructure needs and other City
requirements, programs, and plans. This includes the preparation of technical
performance data for City infrastructure and facilities, input into contractor/consultant
evaluations, and coordination meetings with regulatory agencies.
d. 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 to the existing US 12 bridge over Cowiche Creek.
e. City will provide relevant design and permitting information prepared for the companion
Nelson 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.
f. City will provide for timely review and comment on the draft Project documents prepared
by the County, WSDOT, or consultants working on the Project.
GCB 3984 Amd. 1
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g. 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 of the setback as complete.
Section 5. Section 6: WSDOT Responsibilities, of the Interlocal Agreement, shall be
replaced with the following:
6. WSDOT Responsibilities
a. When appropriate, WSDOT will, in its sole discretion, provide formal letters of support to
corresponding County and City efforts, provided that such letters do not conflict with
WSDOT statewide asset management prioritization and programming.
b. WSDOT will provide,where it deems appropriate, consent and acknowledgement of the
Project on forms including but not limited to JARPA, and other environmental permit
applications that require WSDOT's acknowledgment as the landowner.
c. WSDOT will 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 WSDOT infrastructure needs and other
WSDOT requirements, 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 to the south side of the US 12 roadway. Easement agreements will be compliant
with FEMA levee accreditation requirements.
e. WSDOT agrees that the intent is to design the setback levee with a turnaround and a
primary access route via Powerhouse Road for monitoring and levee maintenance
actions, however the easement will also need to include provisions for a right turn out
onto Highway 12 eastbound.
Section 6. This Interlocal Agreement shall be either recorded with the Yakima County Auditor,
or uploaded to each of the Parties' respective websites pursuant to RCW 39.34.040.
Section 7. Except as expressly modified herein, all other terms and conditions of the original
Interlocal Agreement executed on August 25,2020, shall remain in full force and effect.
Section 8. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this Amendment is declared invalid or unconstitutional for any reason, such decision shall not
affect the validity of the remaining portions of this Amendment or the original Agreement.
GCB 3984 Amd. 1
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BOARD OF COUNTY COMMISSIONERS CITY OF YAKIMA
(AVOW Ut
LaDon Linde, Chairman Robert Harrison, City Manager
Date:
Amanda McKinney, Commissioner Attest:
Kyle Curtis, Commissioner Rosalinda Ibarra, City Clerk
Dated: DEC 2 6 2023 Approved as to form:
YpItWA G'a,
Attest: ifi:' :,QqQ��w �f��GyM�
Sara Watkins, City Attorney
Julie Lawrence, Clerk of the Board
Erin Franklin, Deputy Clerk
BOCC Agreement
Approved as to form:
44 5 - 20 23
Deputy Prosecute A torney
By: (Print Name) I7a .. Yakima County, WA
WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION
W. Brian White, PE.,
SCR Regional Administrator
Dated:
Approved as to Form Only:
Assistant Attorney General
By: (Print name)
GCB 3984 Amd. 1
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BOCC Agreement
Interlocal Agreement for the 15 4 _ 2 O 2 0
Naches-Cowiche Flood Risk Reduction and Floodplain Restoration Project
Yakima County, WA
This Agreement is 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
1. 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(FED)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
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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
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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
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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 will
similarly effectuate a lot 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 floodplain restoration and planting actions across the resulting City
GCB 3361 Sheet 4 of 10
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 15
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.
I. 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 formal 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
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 16
c. City will 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 City Infrastructure needs and other City requirements,programs,and
plans.This includes the preparation of technical performance data for City infrastructure and
facilities,input into contractor/consultant evaluations,and coordination meetings with
regulatory agencies.
d. City will provide technical design criteria and the appropriate staff time as necessary to allow for
the preliminary and final design for the protection of a section of the City's potable water supply
pipeline where it crosses Cowiche Creek just north of the Yakima Greenway Path.
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
to the existing US 12 bridge over Cowiche Creek.
f. City will provide relevant design and permitting information prepared for the companion Nelson
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.
g. City will provide for timely review and comment on the draft Project documents prepared by
the County,WSDOT,or consultants working on the 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 of the setback as complete.
6. WSDOT Responsibilities
a. When appropriate,WSDOT will,in its sole discretion,provide formal letters of support to
corresponding County and City efforts,provided that such letters do not conflict with WSDOT
statewide asset management prioritization and programming.
b. WSDOT will provide,where it deems appropriate,consent and acknowledgement of the Project
on forms including but not limited to JARPA,and other environmental permit applications that
require WSDOT's acknowledgment as the landowner.
c. WSDOT will 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 WSDOT infrastructure needs and other WSDOT requirements,
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 to the south side of the
US 12 roadway.Easement agreements will be compliant with FEMA levee accreditation
requirements.
e. WSDOT agrees that the intent is to design the setback levee with a turnaround and a primary
access route via Powerhouse Road for monitoring and levee maintenance actions,but the
GCB 3361 Sheet 6 of 10
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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,while 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 Party'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
DocuSign Envelope ID:6CE58676-0DCB-4E79-91 C5-9D4BFDB7FD90
18
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 less 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
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 19
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
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
20
BOARD OF COUNTY COMM ESSI ON ERS CITY OF YAKIMA
:7144. 6"1:
Norm hildress,Chairman City Manager 141
DATED'•1A,ASAa I 3V2 )
Ron �• ',� 'mm.
Approved as to Form:
rieki Baker,Cornmissiiner }
4A/_
DATED: JUL 1 4 NB City A r,
Attest: 1`r
Melissa Paul,Clerk of the Board
Linda Kay O'Hara,Deputy Clerk
Approved as to Form:
Deputy Prosecuting
WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION .
r �
Todd V.Trepanier,P.E. SCR Regional
Administrator
Dated: August 25,2020
Approved as to Form Only:
Assistant Attorney G neral
BOCC Agreement
DATED: I?~ I Z- �-
154 - 2020
GCB 3361 Sheet 10 of 10
Yakima County,WA
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD9O 21
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DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
22
Exhibit B -OCR Grant Agreement
DEPARTMENT OF
ECOLOGY BCw4rPaiunt
State of Washington 2 2 . - 2 0 1 9
Agreement No. WRYB!P-2O19-YaCoPS-OQ County,WA
WATER RESOURCES YAKIMA BASIN INTEGRATED PLANNING AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
YAKIMA COUNTY
This is a binding Agreement entered into by and between the slate of Washington,Department of Ecology,hereinafter
referred to as"ECOLOGY,"and YAKIMA COUNTY,hereinafter referred to as the"RECIPIENT,"to carry out with the
provided funds activities described herein.
GENERAL INFORMATION
Project Title: Naches-Cowiche Flood Risk Reduction and
Floodplain Restoration
Total Cost: S500.000.00
Total Eligible Cost: S500,000.00
Ecology Share: S500,000.00
Recipient Share: $0.00
The Effective Date of this Agreement is: 07/01/2019
The Expiration Date of this Agreement is no later than: 12/31/2022
Project Type: Yakima Basin Integrated Planning
1'roie,l Short Description'
The RECIPIENT,in collaboration,with the Yakima County Flood Control Zone District(FCZD),the City of Yakima,
the Washington State Department of Transportation(WSDOT),ECOLOGY,and multiple other stakeholders will
transform the Nachos-Cowiche confluence through the coordinated design of a series of interrelated flood hazard
reductiun and floodplain and habitat restoration actions.
Protect Lone tkscriotion.
The Naches-Cowiche Flood Risk Reduction and Floodplain Restoration Project(Project)is a multi-agency etTort
towards integrated floodplain management of the entire Naches-Cowichc 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
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 23
Exhibit B-OCR Grant Agreement
size of WeiI,1glon tkeornnan of Ecology Page.2 ur.a
AOrccwcnt WRYBIP2019-YaCo1S-00006
Peaket rick Nodita-Cnaidw Flood Rink Rodin-non and Flnodplain Rcalamion
Rrciptanr Noma' YAKIMA COUNTY
implemented by the I'CZU to reduce short-term and long-term flood risk to cummuniriec along the Neches and Yakima
Rivers,the project is based on an improved understanding of natural floodplain processes and emphasizes the need for
ecological restoration of habitat for native threatened and endangered species.This project leverages over a decade.of
long-lemi public investment
into the Nuches-Cowiehe confluence in the fort of land acquisitions,preliminary designs,conservation easements,and
a variety of ettvirunmental,hydraulic,and geomorphic esscssmucnls The project builds on curlier studies and designs,the
2009 Steelhead Recovery Platt,and the 2012 Yakima Bull Trout Action Plan.Within this broader context,this project
will address stakeholder outreach,design,permitting,and land acquisition
The project is located ar the confluence of Cowiche Creek and the Neches River near the northwest boundary of the
City of Yakima,Washington.The project is complicated by the significant narrowing of the"gap'between the two
ridges that define the lateral limits of the geomorphic floodplain fur the Nachos Rivet and du:resulting complex
overlapping network of physical infrastructure.This project will reduce flood risk to existing developments in the City of
Yakima,while discouraging additional exposure through more development in critical areas of the Neches and Cowichc
floodplain.
Anticipated total floodplain project benefits Include:
I Approximately 82 acres ol'habitat and floodplain restoration along an estimated 8,000 feet nfCowiche Creek and
the Neches River.
2. Reduced likelihood of damages(and closures)to Hwy 12,Powerhouse Road,Pruitvaie Blvd,40th Avenue,and a
swath of the road network within the City of Yakima.
3. Significant flood risk'eduction to over 16,000 residents in the City of Yakima(over an area of 800 to 1500 acres
with an estimated value around$2 billion in total property values).
4, Reduce the risk of a repeat of the 2016 and 2017 flood events.
5 The removal of over 1600 structures front the mapped regulatory floudplain.
the project will be implemented in three phases:
I. Coordinated preliminary design and land acquisition.
—2-..1.5nal dw aa-n-e permitting.-- — - ---
1, Construction,rcvegctation,re.-mapping(not included in this grant).
Overall Goal:
The project goals are to:
1. To restore fish passage,ecological floodplain functions.and habitats for native and endangered species on lower
C..uwiche Creek and within the Neches floodplain and confluence.
2 To reduce flood risk to the City of Yakima,11.S.Highway 12,Powerhouse Read.and adjacent working agricultural
lands
3 To reduce the need for costly and disruptive emergency maintenance and response efforts(e.g.,road closures,
flood-lights to prevent berm overtopping,channel dredging.etc.)
Icnlpletc Vrrvnu 1100/21115
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
24
Exhibit B-OCR Grant Agreement
State of waslitvo I Wpm LIMN of Ecology Pep 3 of 29
Agreement No WKYu1P•1UISI-YaC:oPs•OUntN
Itgiett Title Na he Cowsche Flood Ittek Keauetim and Flond4Lvn Hesloreion
Aecipat0.Name YAKIMA COUNTY
RECIPIENT INFORMATION
Organization Name: YAKIMA COUNTY
Federal Tax ID: 91-6001 38 7
DUNS Number. 010203644
Mailing Address: 4th Floor Courthouse,128 N 2nd Street
Yakima,Washington 98901
Physical Address: 4th Floor Courthouse, 128 N 2nd Street
Yakima,Washington 98901
Organization Fax: (509)574-2301
•Contacts
Project Manager Dale Meek
Water Resources Project Engineer
4th Floor Courthouse,128 N 2nd Street
Yakima,Washington 98901
Entail: dale.rneck(lco.yakima.wa.us
Phone: (509)574-2300
Billing Contact Teresa Ishizaka
Accountant
128 N 2nd Stmt.4th Floor
Yakima,Washington 98901
Email: ieresa.ishizakaCco.yakima.wa.as
Phone: (509)574-2291
Authorized David Haves
Signatory
Environmental Services Director
128 N.2nd St
Yakima,Washington 98901
Email: david.hawstliteo.yakima wat.us
Phone: (509)574-2277
Tcmplmc VCM1.171 macaws
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 25
Exhibit B-OCR Grant Agreement
Slme orWahiaaI (kpyunem of Ecology Pegs 46119
Agam ntNo: Wawa -2019-vaceS•maaa
rtajen Tale. Ned s-Cowicke Pbud Rmk ReeIc on mid Ploodplain Remotion
RecipkmName' YAKIAACOUNTY
gCOLOCYINFORMATION
Mailing Address: Department of Ecology
Office of the Columbia River
PO f3OX 47600
Olympia,WA 98504-7600
Physical Address; Office of the Columbia River
300 Desmond Drive SE
Lacey,WA 98503
Contacts
Michael Callahan
Project
Manager
1250 W Alder St.
Union Gap,Washington 9890341009
Email: MCAL461®ccy.wa.gov
Phone: (509)454-4270
Cathy Hubbard
Financial
Manager
PO!lox 47600
Olympia.Washington 98504-7600
Email: cahu461®ecy.wa.gov
Phone: (360)407-6491
reophde vn6ion I000/?Ots
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
26
Exhibit B-OCR Grant Agreement
Stye ofwoninaton Department of Ecology Pegg 5 ar29
Agreement No: WRYBIP-2019-YscaPS-e0006
PntJectTitk Nachea-Coviebe Flood Risk Reduction and Floodplain Ream-anon
Reelpient Name; YAKIMA COUNTY
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,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 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 there are no other understandings or representations
other than as set forth,or incorporated by reference,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 written approval of Ecology's authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State YAKIMA COUNTY
Department of Ecology
By; - — . t_ 13 + l By: i_ .------
G.Tito Tebb,L.Hg.,L.E.G. Date David Haws Gate
Office of the Columbia River Environmental Services Director
Director
Template Approved to Fomt by
Attorney General's Office
template Version I0/30/21115
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Exhibit B-OCR Grant Agreement
Slate of Washington tkpattment MMEuuIoo Page 6 or29
Agreement No WRYBIP-2019-YaCoPS-00o06
Project Title Nachu-:tm"idte Flood Risk Redudnns and Floudploin Restormion
Recipient Nance YAKIMA COUNTY
Michael D.Lelia
AUG 13 7G2Yakima County Commissioner Date
.v"waw
t Ot 1t41;4�4.r
a q}?.,,i 01 Ir a
es
�C c; y�•` Norm Childress
•
tt+2 J. Y tmu County Commissioner Date
krrceor VS-F0- x•^: Ron Anderson
Doi " fel*Cdorinifek4 11 `f AUG i 3 Zele Yakima County Commissioner Date
Template Version 1 W30/2015
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
28
Exhibit B- OCR Grant Agreement
Sue ut Wehmcren❑cparrmenr or tIolopi. Pape 7 ai sq
Age ncai Nu WPYBIP-2019-YeCoPS4NaSpF-
Pnyccl Title Nadmcl:uwrehe Flood Piet Peduenan wW Floatploin Ralmaricu
Recipient Nome: YAKIMA CtSJW1 Y
SCOPE OF WORK
Task Number: I Tusk Cost:SI8,000.00
'task Title: Project Administration/Management
Task Deecrinlion:
A.The RECIPIENT will administer the project Responsibilities will include,but not be limited to: maintenance of project
records:sulxnival of requests for reimbursement and corresponding backup documentation, progress reports and recipient
closeout report(including photos);compliance with applicable procurement,contracting,and imerlocal agreement
requirements:application for,receipt of,and compliance with all required permits,licenses,casements,or property rights
necessary for the plojccc;and submittal of required performance items.
A.The RECIPIENT must manage the project. Efforts will include: conducting,coordinating,and scheduling project activities
and assuring quality control Every effort will he made to maintain effective communication with the RECIPIENTS designees;
the DEPARTMENT;all affected local,state,or federal jurisdictions:and any interested individuals or groups The
RECIPIENT must carry out this project in accordance with any completion dates outlined in this agreement.
Task Goal Statement:
Properly managed project that meets agreement and Ecology adnninistmtivc rcquiretncnts.
T.Isk Evviceted Outcome
'Timely and complete submittal of requests for reimbursement,quarterly progress reports and recipient closeout report
•Properly maintained project documentation
Recipient Task C 1L;rrdinatpr Dale Mcck
Project Administration/Management
Deliverables
Number Description Due Date
11 Progress Reports
1.2 Recipient Closeout Report
Temptale Version IDRD 1f115
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 29
Exhibit B -OCR Grant Agreement
State of Wachmgmu Dammam of Farina Papa a of 29
Agreement No. WtLYDIM17019-YvCo41.-auOuo
Project 1 hie NoJres•Cuwidte Flood Riau Rcdaannn am1 Flnodpl on&Pana a
Rcupicnt Nano YAKIMA CYU)rry
SCOPE OF WORK
Task Number 2 Task Cost:$25,000.00
'task Title: Stakeholder Coordination
T:t Description
This task will:
!, Focus tin outreach and coordination with affected public agencies and private landowners to ensure that their needs and
interests arc understood and incorporated.
2. Create the opportunity fur other key stakeholders and resource agencies to Ile more directly involved in the refinement of
conceptual designs.
3 I lelp the project team clearly and consistently cnntmunieatc project objectives and benefits to the broader public.
Task Goal Statement:
This task has two goals:
I. The RECIPIENT will ensure that all stakeholders have a detailed understanding of the physical constraints and technical
limitations associated with the project,and are able to be directly involved in the design development and refinement.This will
help keep the design in line with the objectives and Interests of the broader stakeholder group,
2. The RECIPIENT will tell the stony of flood risk reduction.floodplain restoration,and salmon recovery through collective
cooperative community action.This task aims to make sure that the story is widely distributed
Task etcd Outcome:
I Coordinated and well-informed designs that strive to balance the uuced5 of all stakeholders.This will include a variety of field
visits and design coordination meetings led by the RECIPIENT
2. Consistent messaging by project partners.This will include press releases and/or an occasional email newsletter by the
RECIPIENT to a stakeholder list as appropriate
•:e vptufe Vermin i11r31001 S
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
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Exhibit B-OCR Grant Agreement
SfAle orwarhalom DcparImenl of Ecology Page/ur29
•tgiec,nau No WRYBIP-2019.1aCoPS•00086
Project Tilk Vathcs•Cowiclhe Flood Risk Rcwxiian and Fluodpiain kectaation
RecipinuNene YAKIMA COUNTY
{tccipirnt litsk Ctvrdimllar; Dale Meek
Stakeholder Coordination
Deliverables
Number Description Due Date
2.1 Signed Final Interlocal Agreement(ILA)between project proponents 03/31/2020
(WSDOT,City of Yakima,and Yakima County)outlining rules and
responsibilities fur each gram task This will include mutually agreed upon
expectations for coordination,project permitting,preliminary and final design
efforts,and future ownership/maintenance of acquired lands and constructed
works.
2.2 Copies of up to two press releases(ell three project panners)that highlight 12/31/2022
project objectives,funding sources,flood risk reduction benefits,habitat
benefits,recent progress and the collaborative approach.
2.3 Printed or digital outreach materials appropriate fur the public.At a minimum I2/31/2022
a one to two page°curative. _ t
Template proem 10 MStn15
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 31
Exhibit B-OCR Grant Agreement
Sou of Waitangi.r,nap torah of Fadugy Nto 10 of li
Agraemrm Na WRYBI➢•311 Is.YaCuPS401Yi6
Waled Talk Nadms-Cmai ite Rind Rnk Reduehon and ftnndptma R.e11142rion
Rcapiutt Name YAKIMA(MINTY
SCOPE OF WORK
Task Number: 3 'Cask Cost:SI35,000.00
Task Title. Preliminary and Final Design
Task Description;
I. The RECIPIENT will prepare preliminary designs for a series of coordinated flood hazard reduction and Iloodplain habitat
restoration actions at four sites(Site A,Site R,Site C,and Site D)across the Naches-Cowiche confluence.Prelirnittary designs
will build on a large body of existing environmental assessments,geomorphic studies,habitat rectomtion designs,and the
preliminary hydraulic and flood risk analyses conducted by the FC7.D as part of the Nsches River risk management studies and
the 201 B Cowiche Addendum to the Upper Yakima River Comprehensive Flood hazard Management Plan(CFHMI').Design
work will include:
A. Determining the hydraulic sizing needs for a new Powerhouse Road bridge,
R. A levee setback and flnndplain restoration effort between Powerhouse Road and Highway 12(Site A).
C. Coordination and assistance to VJSDOT regarding due seeping of the work for replacing the Highway 12 bridge.
D. Plans for the lowering of the City of Yakima's potable water supply pipeline(Site-RI).
E. Several channel and fluodplain restoration actions across the Nachea-Cowiche confluence that are enabled by the
replacement of Nelson Dam and the consolidation of the irrigation diversions(Site B2,Site C,and Site D).
These preliminary designs will be developed and retired by the RECIPIENT through regular stakeholder coordination and
engagement(Task 2)to ensure project objectives are met.The RECIPIENT will prepare the preliminary designs t support
environmental permitting(Task 4)and to finalize hand acquisition needs(Task 5 and Task 6).
2. The IECIPIENT will proceed to prepare final designs and specifications for the levee setback and Cowiche tloodplrin
restoration effort from Powerhouse Road to Highway 12 and the lowering of the City of Yakima potable water supply pipeline
where it crosses Cowiche Creek.
3. The RF.CIPIEN•l will develop additional hydraulic model seenurioa to support the preliminary and final designs. the FCZD
has already prepared the foundational ID and 2D mudels acing the Hydrologic Engineering Center's River Analysis System
(HEC RAS)and the Bureau of Reclamation's 2D Sedimentation and River Hydraulics(SRH-2D)simulation tools.
'lurk Cost Sta1emglr;
Develop a series of coordinated preliminary and final deciens for find risk reduction and habitat restoration that meets project
objectives and balances stakeholder interests.
leak Fans:clrrl Clutc ire.
Expected outcomes include the preparation of preliminary designs by the RECII'IEN I sufficient for permitting and acquisitions
and construction-ready final designs and specifications for selected project elements.This will include opinions of probable cast
("Engineer's listimutrs•")for the construction of each component to allow for budgeting and successful implementation.
lemplaie wanton 1505/515
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
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Exhibit B-OCR Grant Agreement
Stale or Washington Deparuoutt ut rieoWgy Page I I u(20
Agncmttu No, WI017111-20I9 YsCuPSl)0006
Pouje s Tice riachrt-C wtrhe Finn,'Risk Reductian end Flondphin kenoralmn
Remittent Name YAKIMA COUNTY
jteeil/Kat_lilt Coordinator: Dale Meek
Preliminary and Final Design
Deliverables
Number Descriplion Due Date
3.1 Hydraulic Design Memorandum for Powerhouse Road Cuwiche Creek 12/31/2020
Bridge providing hydraulic sizing recommendations to inform future bridge
design.
3.2 Preliminary Design Plans(60%)oral!project components including habitat 12/31/2020
and floudplain Nscoration actions at Sites A-D suitable for environmental
permitting and acquisition Minns.Plans will he provided as digital PDF().
3.3 Basis of Design Report describing the overall design methodology used to 12/31/2020
support and refine concept development as well as the habitat and flood-risk
reduction benefits anticipated.The report will complement the Preliminary
Design Plans and will be used to support environmental permitting and final
design development.
3 4 Final Design Plans.Engineer's Estimate,&Construction Spucifcatioos for 06/30/2022
actions at Site A and Site B I.It is anticipated Site A will proceed to
construction towards the end of the project period dvough separate
Floadpluins by Design giant funding.
Template Yuman It1130/2015
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 33
Exhibit B-OCR Grant Agreement
sec a1 Niazlunglon Ilcpaamenr oil.ataej Paw 12 or29
Agvemaa No WRYBIP-2a19-YaCsPS-:1n01t6
Prnjeal torte Nnctes-t.'mvictw Flood Rbk Reden;nn am.l Floodprain Rawsesi mr
Reapiem Neer• VAK:rMA COUNTY
SCOPE OF WORN
fask Nurnlxr 4 Task Cost:S105,000.00
Task Title: Pci-mining
1;esk Description:
This task will initially locus on the preparation of an overall permitting plan for the various elements of the project The effort
will begin with coordination meetings with permitting agencies to identify likely permitting pathways,potential hurdles,and
opportunities.Then the project team will lay out specific permit milestones and the sequencing and duration of various efforts in
order to streamline subsequent permit application efforts.
This task will include the site assessments and professional reports needed to support the specific environmental permit
applications.This will include additional environmental assessments to supplement existing studies(as necessary),preparation
of jurisdictinnnal wetland determinations,delineations,lard ruing consistent with current federal and state agency requirements;
archaeological and historical studies sulm:irnt for compliance with Section 106 of the National Historic Preservation Act; and
the various permit and review applications related to State Environmental Protection Act(SEPA)/National Environmental
Protection Act(NF.PA).Clean Water Act(CWA)Sections 404/401,the Endangered Species Act,etc.Budget for this task
specifically assumes the project will be eligible for Categorical Exemption(CE)from NEPA.authorized by the United States
Army Corps of Engineers(Corps) Nationwide Permits(NW('29,NWP 33,and NWP 53)and that no compensatory
mitigation or individual Section 401 certification will be required.
This pmjcct consists of a series of intenicpendent,caordinuted actions by multiple agencies(longer bridges,setback levees,
side channels,Iloodplain restoration actions.etc.) The intent is to permit these entire efforts at the environmental level
concurrently where possible given potential sequencing of construction activities and permit timelines.This is envisioned as a
separate permitting effort from the enmpanian efforts associated with Nelson Dam,but coordination with those efforts may
yield additional cost savings.Construction permits will be obtained in future construction phases.Close coordination with
permitting agencies and other stakeholders(Task 2)during the design process(Task 3)is anticipated to help avoid unnecessary
permitting delays.
It is anticipated that is task will also include preparation of the appropriate hydraulic analysis and permit applicatious as
appropriate to ensure compliance with all Yakima County flood ordinances and the National Flood insurance Program.
Task t1a1 Statement;
Work with permitting agencies and environmental staff to develop a permitting plan consistent with design and protect
objectives of flood risk reduction and environmental enhancement
Task Expected Outcome:
The RECIPIENT will develop a permitting plan,which entails preparing wetland delineations,archaeological and cultural
resource assessments,and to acquire environmental permits for tlx:project elements.
Tempo u e woo,.I ar31w V 1 s
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
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Exhibit B-OCR Grant Agreement
two of W5,h.ogruo IY-putment ofI vinPl fake O of29
Agreement No WRVfI?-2UI9-YnCoPS-00006
Project Tiite: l..' wlowfche flood Risk Reduction end Flondploto Renonrton
Recipient None YAKIMA COUNTY
Rae pipit Titslc Coordinator: Dale Mock
Permitting
Deliverables
Number Description Due Date
4.1 Permitting Plan-A narrative report or memorandum providing a detailed I2J31/2020
description of the anticipated sequence of steps needed to permit the various
elements of the project The report will include anticipated permitting
pathways.potential timeline.and documentation needs for each step/permit.
4.2 Site Assessments—Wetland Delineation Report,Archaeological and Cultural 12/31/2020
Resource Report.Section 106 will apply(Federal nexus via wetlands and
JARPA permit-Corps plus ESA with National Oceanic and Atmospheric
Administration-NC/AA/Linked States Fish and Wildlife Service-USFWS).
Deliverables will include:I►the consultant reports;2)letters from
DAFIP/Federal lead showing compliance with Section 106;and 3)and
inadvertent Discovery Plan.
4.3 Copies of all environmental permits obtained for the project.Depending on the 06/30/2022
details of the project permitting plan,this could include the following permits:
WDFW'e Hydraulic Project Approval(FIPA),CWA Section 404/401
Permits,NEPA/SEPA determinations,cultural rtmourres.Shoreline permits,
Endangered Species Act compliance.DNB's Aquatic Use Authorization.etc.
retnptnte Yetwan I 4/.101201 s
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 35
Exhibit B-OCR Grant Agreement
Snwe tor Wsslw,gp.n ucnanmem of l:calugy Page 14 of 29
Agraemenn Yu WRYINP-N119-YoCoPS-eelllr6
Pmjea*I ilk Noadrei.Carvlelv Flead Risk Reducnan sod 1ioodpl.m Rawrodoir
Recipiem Name YAKIMA COUNTY
SCOPE OF WORK
Task Number: 5 Task Cost:$95,000.00
Task Iitle: Planning,Appraisal,Negotiation, Due Diligence
Task Dacriwtior!
Task 5 includes all the planning.appraisal,negotiation,and due diligence work needed to support the acquisition of sufficient
legal property inlerasts for thank implementation of the project The acquisition work is anticipated to include different types
of legal property interests(fee simple ownership,conservation casements,right-of-way,etc.)In he determined. live parcels
we described in more detail hut other minor land acquisition tasks may be necessary for the completion of the larger restoration
work outside of this agreement
The first parcel is 181309-42010. This parcel was historically fanned as a pear orchard It has been damaged over the years
by flooding(1974,1996,2016.2017)and is no longer in active agricultural production.The land is mcd for agricultural
operations such as storage and canal access by the owner.11 is anticipated that a conservation easement for a portion of this
properly will be necessary mallow for the proposed floodplain restoration and levee setback efforts on-Cowiche Creek.
The second parcel,181310-32003 is subject to a 1956 agreement between the City of Yakima and a private company.1 hat
agreement slates the City of Yakima will sell the property back to the company for S 1.00 when the City ubanduns the well site
This task includes coordination work w)uh the City and the company to convert and dedicate this land to serve the floodplain
saturation objectives of the project.
All property acquisition work will be in accordance with applicable state(e.g.RCW 8.26-Relocation Assistance—Real
Property Acquisition Policy and WAG Chapter 468-100)arid federal laws(e.g.CFR 49 PART 24—Uniform Relocation
Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs) Activities eligible for reimbursement
through this grant will adhere to the Floodplains by Design Funding Guidelines(Current Edition).
The RECtPtEN I'will:
A Obtain appraisals performed by a State-Certified General Real Estate Appraiser. Appraisals and review appraisals will
comply with the Uniform Standard"of Professional Appraisal Practice and the Uniform Appraisal Standards for Federal Land
Acquisitions.
II Submit documentation of land value and title that shows the type of ownership interest for the property that will be
acquired.
C. Conduct title review,hasardous substances review,environmental acsessment,baseline inventory,and any other due
diligence and obtain ECOLOGY approval for any draft legal documents.
D. Shall inspect,investigate,and conduct an environmental audit of the proposed acquisition site for the presence of hazardous
substances,as defined in RCN 70.105D,020(10),and certify:
a.No hazardous substances wax,found on the site,or
b.Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal
Tcmplait Vrr:inn INiai:atS
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
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Exhibit B-OCR Grant Agreement
Stare of Washinawn I ponun:m ur&ulna Page 1 i o1'2'9
Aarcemuallo. WRYBIP-2014-YoCu1S-0000S
Projos Tine Nad,e1•Cowiche Flood Rink Reduction and Flondpioln Re,n,tnli,,n
Recipient Nwnc YAKIMA COUNTY
lows,and the site deemed"clean."
Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in Chapter
70.105D RCW.
Budget for this task assumes that a Phase I Environmental Assessment will not be needed fur project acquisitions.
ECOLOGY will be provided with an opportunity to review and approve all land acquisition documents(including but nut
limited to purchase and sale agreements,conservation easements,and any deed restrictions)prior to execution and recording.
Slatemcrlt•
The RECIPIENT will complete all environmental review,permitting,and due diligence and respond to ECOLOGY comments
in a timely manner during the negotiations of the terms of sale.
Task Expected Outcome;
The final outcome of this task will be the negotiation of mutually acceptable terms fur the sale of property or conservation
easements in order to protect the floodplain and implement the project
Recipient Task Coordinator: Dale Meek
Planning,Appraisal,Negotiation, Due Diligence
Deliverables
Number Description Due Date
5.1 Draft documents(preliminary title reports,appraisal reports,Notice of Fair 12/31/2021
Market Value to landowner,commitment checklist,conservation easements,
deed restrictions,etc.)for ECOLOGY review prior to executing land
acquisitions.
•
Templaie Varian lolW01S
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Exhibit B -OCR Grant Agreement
Sane at P.alrnuum Dcpunrncnr of to iopl rap 16 ut29
Agreement Nn WRY1a1Y-2019-Ya(:ot5.00006
Project Talc: Nachn.l:uw chc 1 load Rut.RodIRIIon and Flnadplain ResrarNron
Iceaprcnt Name YAKIMA C011ydl Y
SCOPE OF WORE;
Task Number: 6 Task Coal:SI22,000.00
rusk Tide• Property or Conservation Lasemehd Purchase
1'a k ae?engtim
Building on the week completed in Tusk 5,Task 6 includes the actual purchase costs for the legal property interests needed to
complete the project and the preparation an Dinar Acquisition Report.
RF'CIPIFNT will prepare a Final Acquisition Report in accordance with ECOLOGY's Floodplains by Design(FbD)Funding
(iuideiines(May 2018)documenting all land acquisition efforts and compliance with state and federal laws.
Final Acquisition Report will include(at a minimum),all acquisition face sheets,appraisals,review appraisals.offer letters,
vicinity and site specific maps,legal descriptions,title reports,property assessment checklists and hazardous substances
certifications,settlement statements,photographs(when appropriate)and copier of recorded documents(conservation
easements,deed restrictions,etc).
A 1 he.RECIPIENT will acquire the property and ensure that property records and conveyance documents dedicate future
use of the parcel for the purposes outlined in this agreement The RECIPIENT understands that the payment for eligible
properly acquisition costs shall he on a reimbursable basis fnr approved and completed work Coats shall not be reimbursed
by ECOLOGY prior to receipt of a reimbursement request accompanied by the appropriate backup documentation showing
completion of the acquisition(a Final Acquisition Report for die property).Purchase price reimbursement shall be limited to the
appraised value(us determined through the appraisal and appraisal review process nrTask 5)unless apphnverl by ECOLOGY
in advance.
R. Conveyance of Rights to the State of Washington.Upon purchase of real property rights(both fee simple and lesser
interests),the RECIPIENT will execute the document necessary to convey certain rights and redportsibililies to ECOLOGY,on
behalf of the State of Washington The docuniettts required will depend en the project type,the real property rights being
acquired and whether or not those rights are being acquired in perpetuity(see options below).The RECIPIENT agrees to use
l:mguage mutually agreed upon with f:COLOGY.to record the esccmited document in the Cnntgy where the teal propctty lies,
and to provide a copy oldie recorded document to ECOLOGY
I. Deed of Right.The Deed of Right conveys to the people of the state of Washington the right to preserve,protect,and/or
use the property for public purposes consistent with the fund source the RECIPIENT shall use this document when acquiring
real property rights that include the underlying land.This document may also be applieable for those casements where the
RECIPIENT has acquired a perpetual easement for public purposes,
2 Assignment of Rights.The Assignment of Rights document transfers cenain rights such as access and enforcement to
ECOLOGY The RECIPIENT shall use this document when an casement or lease is being acquired fur water quality and
habitat conservaeinn.The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by
reference in the easement document
3. Easements lard Leases.The RF..CII'IFN'I'may incorporate required language from the Deed of Right or Assigaunurt of
Riglits directly into the casement or lease document,thereby eliminating the requirement for a separate document I anguage will
templme V tfou I0130201 S
DocuSign Envelope ID:6CE58676-0DCB-4E79-91 C5-9D4BFDB7FD90
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Exhibit B-OCR Grant Agreement
smtc ur Wxshisgrun Depsnmou or Pcology Pens 1 T of Yr
Agreement No WRYBIP-20I9•YaCuPS-0000
Project Title Psdux{mNehe Flood Rick Rcduuioo and Floodplsin RutmTsion
Recipient Name YAKIMA COUNTY
depend on the situation;therefore,the RECIPIENT must obtain ECOLOGY approval on the dtnf language prior to executing
the easement or lease.
Ta'ck fhntl—}latement:
The RECIPIENT will oversee and manage purchase of pruperty or a conservation easement for the identified parcels.The
RECIPIENT will communicate with ECOLOGY in a timely fashion and provide ECOLOGY with all requested project
documentation
Secure necessary prupeny interests to enable construction of the project components.
Task Expected Outcome:
Completed purchases will help to ensure long-tem public stewardship of the Nachos-Cowiche confluence for flood risk
reduction,habitat enhancement and conservation,and continuation of existing compatible agricultural uses.
fIcKislrni Idyl,L pcetjitutrrri• Dale Meek
Property or Conservation Easement Purchase
Deliverables
Number Description Due Date
B•t Final Acquisition Report will include(at a minimum),all acquisition face sheets, 06/30/2022
appraisals,review appraisals,offer letters,vicinity and site specific maps,legal
deco iptiorts,tills reports,property assessment checklists and hazardous
substances certifications,settlement statements,photographs(whore
appropriate)and copies of recorded documents(conservation casements,
deed restrictions.etc.).
Implore Version I0/Jo/20 t 5
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 39
Exhibit B-OCR Grant Agreement
sine or Weshingtnn thpulnnen!of I:cukyly Pegs I t of Ti
Agreement tau WRYBIP•111t9-YeeoPS-OfO06
Project ihlt. Names-Cowitdte Fluud,tick Reduction end Fludplain R011eraion
Rceipem Moir YAKIMA MINIM
BUDGET
Funding Distribution EG190337
NOTE:The above finding distribution monber is aced to idenli!y this sped/ic agreement and budget on pavntenl
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have nufllijde
frmdingdisn-lhtttion numbers in identify each budget.
Funding Title: Yakima River Basin Water Supply Account Funding Type: Grant
Funding Effective Date: 07/01/2019 Funding Expiration 1)Rte: 12/31/2022
Funding Source:
Title: Stale Building Construction Account
Type: State
Funding Source a!: I 00%
Description: Grants for the purpose to assess,plan,and-develop projects under the Yakima River
Basin Integrated Water Resource Management Plan or for any other actions designed to
provide access to new water supplies within the Yakima River basin or any othet actions
to support the seven elements of the Yakima Ruin Integrated Plan.
Approved Inditecl Costa Rule. Approved State Indirect Rale:0%
Recipient Mrn4;1n%: 0%
l nKind Interlocal Allowed: No
InKind(hherAllowed: No
Is this Funding Distribution used to march a federal grant? No
Yakima River Haulm Water Supply Account •Hulk Ibtal
Project Administration/Management $ 18.000.00
Stakeholder Coordination $ 25,0(10.00
Preliminary and Final Design $ 135,000.00
Permitting $ I05,000.00
Planning,Appraisal,Negotiation, &nhsp;Duc Diligence $ 95,000.00
Property or Conservation Easement Purchase $ 122,000.00
Total:S SIIII,000.1141
Tnupinc Vemids IN 5W1Ol5
DocuSign Envelope ID:6CE58676-ODCB-4E79-91C5-9D4BFDB7FD90
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Exhibit B-OCR Grant Agreement
Susie of Washington Department of Ewtuory I'aac IS of 2,)
Agrcemetlt Nu: WRYaII"2019•.'aCuPS•00006
Mogul Title Naches'Cowiche Flood Risk Reduction and Fluodplein Restoration
Recipient Neon YAKIMA COUNTY
Fundine Distribution Summary
Recipient I Ecology Share
Funding Distribution Name Recipient Match% Recipient Share Ecology Share Total
Yakima River Basin Water 0.00 % S 0.00 S 500,000.00 S 500,000.0U
Supply Account
Total S 0.00 S 500,000.00 S 500,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECfA L TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all(tithe funds for this agreement arc provided through federal funding sources or this agreement Is
used In match a federal grant award,the following terms and conditions apply to you.
a C'l?R.rlFl(:ATlON REGARDING SUSFF.NSION.DERARMENT._ANE(JCTBIT.ITY OR VO1.1 FNT.ARY
EXCLUSION:
I. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,proposed for
debarment.declared ineligible or otherwise excluded from contracting with the federal government.or from receiving
contracts paid fur with federal funds.l i 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 RECIPIEN f/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3. The leans covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,person,
primary covered Transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set
out 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/CONTRAC t'OR 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,
declared 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 VOLI JN"I ARY
EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6 Pursuant to 2CFR 180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
Tempt:ue Version 10131112015
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Exhibit B-OCR Grant Agreement
Stale or%ohmgtun Derailment or Ecology Page 20 or 29
Agreement No WRYRIP•2019.Ya oPS-00006
Project Tile. Nadus-Cowielre Flood Risk Reduction and Ftoudplam Ruhr-Am
Recipient Mune. YAKIMACOUN1Y
7. RECIPIENT/CONTRACTOR acknowledges that failing 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 recipients 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
-i i:ll ywsnui.guk and print a copy of completed searches to document proof or compliance.
D.I'E{]I KAI•FUNDING ACCOUNTA ILI IlLANf Jlt liSPALENCY AC1'tFFArA)REPORTING
REOUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the
signed agreement to ECOLOGY
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
• 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$25,000,000 in annual federal funds.
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 federally funded agreements,including the required DI INS number,at
tvww.fsrs.tnot •how'//wt .fyn.r.ovt within 30 days of agreement signature.The FFATA information will be available to
the public at K hvw.usa3nerlilirry coy Kl t /v.wv.y as en ndiny,goyr>.
For more details on FFATA requirements,see++iek.lors.gnv chtipJ/www.fsrs.'oW .
rnnpI oc Verson mono!t 3
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
42
Exhibit B -OCR Grant Agreement
State:of waslungtro Department of Ecology ,'age 2I of 29
AgrernwntNo: WRYBIP•2ut9-YaCoPS•00006
Project Tilly Nacha{'owiche Flood Risk Reduction turd Floudplain Resimatum
Recipient Name: YAK IMA n01 INTY
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements Willi the state of Washington,Department of Ecology
GENERAL.TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION
I. ADMINISIRAFIVEREQUIREMENTS
a) RECIPIENT shall follow the"Administrative Requirements for Recipients ot'Ecology Grants and Loans—F.AGI.Edition."
(https:l/fortress.wa.gov/ecy/puhlicat inns/Summury Pages/1701004.html)
h) RECIPIENT shall complete all activities funded by this Agreement and be 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 taken 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 under this Agreement shall be subject to the review and approval by ECOLOGY for the extent
and character of all work and services.
2 AMENDMENTS AND MODIFICATIONS
This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No subsequent
modification(s)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 COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information 011ietx,OCIO Policy no.188,
Accessibility(https://uciu.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 nut limited to web sites/pages,web-based applications,software systems,video and audio content,and electronic
documents intended fur publishing on Ecology's public web site.
4. ARCHAEOLOGICAL ANL)CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid,minimize,or mitigate adverse effects to archeological and historic resuimes
The RECIPIENT must 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 RECIPIF.NT's project Nadia]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 Historie Preservation Act.
• Any cultural resources federal ur slate 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 IDP form.
RECIPIENT shall:
• Keep the!DP at the project site.
Tcmolote Version I ar]1V20 i
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 43
Exhibit B - OCR Grant Agreement
Sus arW4shindion ttspanmcmorLml.t t'Jgc='-to 2n
Agrcernnil5 n WRY[IP-2nl9-YaCnl'S-thalU6
Project Till: kwtus-,rwicha Flood Rush Reduction andFtuadttainRestoration
Rtttpmd riaom YAK/MA COUN I Y
• Make the IDP readily available to anyone working al the project site.
• Discuss the If)P with staff and contractors working at the project site.
• Implement the ID1'when cultural resources in human remains are found at the project site.
e) If any archeological or historic resources are found while conducting work under this Agreement
• Immediately stop work and notify the ECOLOGY Program.the Department of Archaeology and Historic Preservation at
(360)586.3064.any alluded Tribe,and the local government.
dl If any human remains are foiled while conducting work under this Agreement:
• Immediately stop wmk and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,and then the
ECOLOGY Program.
e) Comply with RCW 27.53,RCW 27 44.055,and RCW 68 50 645,and all other applicable local,state,and federal laws
protecting cultural resources and human remninc.
5. ASSIGNMENT
Ni,right or claim of the RECIPIENT arising unite'this Agreement shall be transferred or assigned by the RECIPIENT
6. COMMUNICATION
RECIPIENT stall make every er3urt w nunintaiu effective communicaliorts with the REC:IPIEN'I''s designees,ECOI(XIY,all
affected local,suite,or federal jurisdictions,and any interacted individuals or groups:
7. COMPENSATION
a) Any work performed prior to effective dale of this Agreement will he at the sole expense and risk of the RECIPIENT
ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Puymetirs will he made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to intuning costs Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure
d) RECIPIENT shall nut invoice more than once per month unless agreed on by ECOLOGY.
el ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting
documentation. ECOLOGY will pmvide instructions for submitting payment requests.
I) ECOLOGY will pay the RECIPIENT tinily(30)days rifler receipt of properly completed request fur payment
g) RECIPIENT will receive payment through Washington Suite's Office of Financial Management's Statewide Payee Desk.
fu receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9
form at websile,https://ufm.wa.gov/it-systems/statewide vendorpayec-servic s. If you have questions about the vendor
registration process,you out contact Statewide Payee I Ielp Desk at(360)407-8180 or entail PayceRegistration@ofm wee guy
II) ECOLOGY may.at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
sotisl'al.-dnrily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIEN1 when the work described herein,or a portion thereof.
has been cumpleted if,at ECOLOGY's sole discretion,such payment is reasonable and approved according to this Agreement.
as appropriate,or upon cnnnpletinn of an audit as specified heroin
j) RECIPIENT must submit within thirty(30)days atter the expiration date of this Agreement,all financial,performance,and
other reports required by this agreement.Failure lu comply may result in delayed reimbursement
8. COMPLIANCE WiTll ALL LAW'S
RECIPIEN1 agrees to comply fully with all upplicable feclend,stale and local laws,titdrrs,regulations,and permits related to
this Agreement.including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies nfthe United State.c and the State of
lergdulc Vcrsum I fOlM71115
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
44
Exhibit B-OCR Grant Agreement
Slave mr Watlunplen ncparrneul of Ecology P. 51 mf 29
Agreement No WRY1f10.2019•Yar'nP5-00OOe
Prujecr 7 sac Nackel•Cawiche I•k,nd Kcvk Kedwlimt nod Noodplam ttrinmslion
Recipieu Name YAKIMA COt1Nl Y
Washington which affect wages and job salbty.
b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements
d) RECIPIENT awes to secure and provide essurunce to ECOLOGY that all the necessary approvals and permits required
by authorities having 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 to immediately terminate for cause this Agreement us provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to
conform to that statute or rule of law.
9. CONFLIC f OF INTEREST
RF.CIPII.NT and ECOLOGY ugree that any officer,member,agent.in employee,who exercises any function or responsibility
in the review,approval,or carrying out of this Agreement,shall nor have any personal or financial interest,direct or indirect,nor
alrtxt the interest of any corporation,partnership,or association in which hdshe is a part,in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award
all contracts for construction,purchase of goods,equipment,services,and professional architectural and engineering services
through u competitive process,if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal,fair,and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may he
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIF.NTs normal procedures may be disallowed at ECOLOGY's sole discretion.
II. DISPUTES
When there is a dispute with regard to the extent and character of the work,or any other matter related to this Agreement the
determination of ECOLOGY will govern,although the RECIPIENT shell have the right to appeal decisions as provided fur
below:
a) RECIPIENT notifies the funding program ofun appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity W be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal
c) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed,alter concluding the review.
The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(70)days from the date of such
decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal.The decision of the Director or duly
authorized representative will be final and conclusive.
The panties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County Review of the Director's decision
will not be taken to Environmental and Land Use Hearings Office
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
Twnplme Vernon 10u7417015
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 45
Exhibit B-OCR Grant Agreement
Slate of%Wallmaton Dcporunent at Ecology Pogo 20 nf'_4
Ag ementNo WRYBtr2019-YaCoPs-00006
rro)ce rats Nachud:owidx Flood Risk Reduction and Hoodploin RCSvaalorr
Itcapic t Nam:. YAKIMA CO(JNt Y
accordance with the decision rendered.
Nothing in this Agreement will he construed to limit the parties'choice of another mumally acceptable method,in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental
measurement data.RECIPIENTS unsure about whether a QAPP Is required for their project shall contact the ECOLOGY
Program issuing the grant or loan If a QAPP is required,the RFCIIsIENT 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 ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans fin Environmental Studies,July 20U4
(Ecology Publication No.04-034)30).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using die Environmental
Information Management system(EIM),unless the ECOLOGY Program instructs otherwise.The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM,find instructions at;
tuup://w ww,ocy.wa.govicim.
cl RECIPIENT shall follow ECOLOGY's data standards when Geographle Information System(GIS)data is collected and
processed.Guidelines for Creating and Accessing GIS Data arc available at:
hitpsJ/ecology.wa.gov/Rcsesrchaata/Data-rcsuurees/Gcogruphic-lnfnrmalion-Sys ns-GIS!Standarrls.RECIPIENT.when
requested by ECOLOGY,shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data
collection lilts,map products,and all meraduut and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the Slate of Washington,and the vents;of any action brought hereunder will be
in the Superior Court of'rhurston County.
14. INDEMNIFICATION
ECOLOGY will in nu way be held responsible for payment of salaries,consultant's fees,and other costs related to the project
described herein,except as provided in the Shope of Work.
To the extent thut the Constitution and laws of the State al-Washington permit,each party will indemnify and hold are other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of-this Agreement.
IS. INDEPENDENT STATUS
The employees,volunteers,or agents of each party who are engaged in the performance of this Agreement will continue to be
employees.vulunteers,of agents of that party and will nut for any purpose be employees.volunteers,or agents of the other
party
IG. KICKBACKS
RECIPIENT is prohibited front inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled toot receive any fee commission,or girt in return for award
era subcontract hereunder.
17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBF.)
Templets verson ionoalut S
DocuSign Envelope ID:6CE58676-ODCB-4E79-91C5-9D4BFDB7FD90
46
Exhibit B - OCR Grant Agreement
5we of%Awes on Ikpuuncul of Ecology fogs 25 of 29
Agreement No WRYBIP-2019-Y.t oPS-000U6
Protect Title. Nacho' owe.to Flood Risk RcJuchnn and Fluudplaut Itestorattun
Redolent Mwne. YAKIMA COUNTY
RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minurityowned(MBE)and women-owned
(WBE)businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation;however,the RECIPIENT is encouraged to
take die following actions,when possible,in any procurement under this Agreement:
a) Include qualified minority and women's 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's businesses.
c) Establish delivery schedules,where work requirements permit,which will encourage participatiun of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OM WBE)
(S66-208-1064)and the Office of Minority Rosiness Enterprises of the U.S.Department of Commerce,as appropriate.
18 ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving
precedence in the following order: (a)applicable federal and state statutes and regulations;(b)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'Grunts and Loans";(f)Ecology Funding Program Guidelines;and(g)
General Terms and Conditions.
19. PRESENTATION ANT)PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of
this Agreement:
a) If requested,RECIPIENT shall provide a draft copy to F.COI.OGY for review and approval ten(10)business days prior
to production and distribution.
Is) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
cj I frcqueted,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,manuals,pamphlets,videos,audio
tapes,CDs,curriculum,posters,media announcements,or gadgets with a message,such as a refrigerator magnet,and any
online communications,such as web pages,blogs,and twitter campaigns.If it is not pructical to provide a copy,then the
RF.CIPIF.NT shall provide a description(photographs,diawings,printouts,etc.)that best represents the item.
Any communications intended fur public distribution that uses ECOLOGY's logo shall comply with F.COI,OGY's graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOL.OGY's logo contact
ECOLOGY for guidelines.
RECIPIEN'I'shall acknowledge in the communications that funding was provided by ECOLOGY.
20. PROGRESS REPORTING
a) RECIP1ENT 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 he 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
reetudete Wrs,nn Itmllr2hl5
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 47
Exhibit B - OCR Grant Agreement
slum as Wad,.,.I..n rep.amok„I 1..Augy Ivan 2R 01 2./
AW/cnncnl IJu N'RYHIP•20 19•YaCur1•alha4JM1
P aunt ripe Nsd¢ctow,che Plows Iluk Rcdulinu and I!neJpl:an Ilomrew,.
'Wpm Nam: YAKIMA I:OUNTY
September 30.aid October I trough becernber 31. Reports shall be submitted within thirty(30)days ACT the end of the
quarter being reported.
c) RECIPIENT"must submit within thirty(30l days of the expiration date of the project,unless an extension has been
approved by ECOLOGY,all financial.performance,and other repuits required by the agreement and funding program
guidelines RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGU7 S
a) Copyrights and Patents. When the RECIPIENT creates any copyrlghtable materials or invents any patentable property
w ider this Agreement,the RECIPIEN finny copyright or patent the same but E..COI.OGY retains a royalty free,nonexclusive,
end irrevocable license to reproduce,publish,recover,ur otherwise use the materially)or property,and to authorize others to
use the saute fin federal.state,or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;
present papers,lectures,or seminars involving information supplied by ECOLOGY;ur use logos.reports,maps,or otter dela
in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall he given to ECOLOGY.
c) Presentation and Promotional Materials ECOLOGY shall have the right to use or reproduce any printed nr 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.
(I) Tangible Property ICJg_hls. ECULocry.s current edition of"Administrative Requirements for Recipients of Ecology Grants
and Loans,"shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of suite and federal statutes,regulations,or policies to the contrary,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 ol'the project,it.shall be returned to ECOLOGY prior to final payment by ECOLOGY. II'said property
is lust,stolen,or damaged while in the REC1I'IIN I"s possession,then ECOLOGY shell be reimbursed in cash or by sctotrby
the RECIPIENT for the fair market value of such property
f) Acquisition Projects The following provisions shall apply lithe project covered by this Agreement includes funds for the
acquisition of land or facilities:
I. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of Brody provided for in this
Agreement
2 RECIPIENT shall pros ide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence rosy include title insurance policies.Torrcns certificates,or abstracts,and
attorney's opinions establishing that the land is Bee from any impediment.lien,or claim which would impair the uses intended by
this Agreement
g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at ally lime convert any equipment,
property,or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY Such approval may he conditioned upon payment to ECOLOGY of
that portion of tar;proceeds of the sale,lease,or other conversion or encumbrance which ninnies granted pursuant to this
Agreement beer to the total acquisition,purchase.or construction costs or such property
22 RECORDS,AUDI IS.AND INSPECT IONS
RECIPIENT shall maintain complete program and financial records reluting to this Agreement,including any engineering
documentation and field inspection reports of all construction work nceumpliyhe.'.
All records shall:
a) He kept in a manner which provides an audit trail for all expenditures
h) Be kept in a common file to facilitate audits and inspections
c) Clearly indicate total receipts and expenditures related to this Agreement
Tunptale't:rsinn mouser s ,
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
48
Exhibit B -OCR Grant Agreement
Stale of wsslm,lun Drum tuned of Lpdo`I Pupa 27 of 29
Agreement No WRYBIP-2019-YaCoPS-00006
Project I illy Neenc-Cowtetie Flood Rut(Kednclnnn and FluodpImn Reelnrotwn
Recipient Naoe. YAKIMA COUNTY
d) Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative oldie State of Washington,
for a period of at least three(3)years utter 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 audit,or have a designated third party audit,applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may he 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 following grant or loon termination or dispute resolution hereunder.
RECIPIENT shall provide right or access to ECOLOGY,or any other authorized representative,at all reasonable times,in
order to monitor and evaluate performance,compliance.and any other conditions under this Agreement.
23 RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT arc subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)or
unallowable cost charged to this Agreement shall he 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 accnre at the rate of twelve percent(12%)per year from the tune ECOLOGY
demands repayment of funds
Any property acquired under this Agreement,at the uption of ECOt.OGY,may become ECOLOGY's property and the
RECIPIENTs liability to repay monies will be'educed by an amount reflecting the fair value ofsuch 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 be severable.
25. STATE ENVIRONMENTAL POLICY ACT(SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental
Policy Act(Chapter 43.2IC RCW and Chapter 197-I I WAC)have been or wilt he met Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest orECOLOGY,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 PRACT ICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as:use of clean energy,use of double-aided printing.hosting low impact
meetings,and setting up recycling and composting programs.
b) Purchasing may include such items as!srulainubly produced products and services.EPEAT registered computers and
femplme Version I0/304015
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 49
Exhibit B -OCR Grant Agreement
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Recipient Nmne YAA:M•11:1 nmrr'v
imaging equipment,independently certified green cleaning products,rentanufactured loner cartridges,products with reduced
packaging,office products that are refillable.rechargeable,and recyclable,1(1(1%post-consumer re ycled paper.and toxic free
products,
For more suggestions visit ECOLOGY'S web page,Green Purchasing,
hops://ecology.wa.gov/Regulations-Permits/Guidamx-teclutical-assistance/Sustainahlc-purch sing.
28.TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the
RECIPIENT,at the sole discretion ol•ECOLOGY,for failing to perform an Agreement requirement or for a material breuch of
any term or condition It-this Agreement is so terminated,the parties shall he liable only for performance rendered ur costs
incurred in accordance with the terms of this Agreement prior to the effective date olio-initiation.
Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails Ur commence work I
oil the project funded within four(d)mouths tiller the effective date of this Agreement,or by any date mutually agreed upon in
writing for commencement of work,ur the time period defined within the Scope of Work.
Non-Performance,The obligation of ECOLOGY to the RECIPIENT is cunlingam upon satisluclory perfomtance by the
RECIPIENT of all of its obligations under This Agreement. lit the event the RECIPIENT unjustifiably fails,in the opinion of
ECOLOGY.to perform an)obligation required of it by this Agreement ECOLOGY may refuse to pay any further funds,
terminate in whole or in pan this Agreement.and exercise any other rights under this Agreemcmt.
Despite the above,the RECIPIENT shall not he relieved of arty liability to ECOLOGY fur damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due Et'OLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate li r convenience this Agreement,in whole or in part,for any reason when it is the best interest of
ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted below. If this
Ala-cement is so terminated,the parties shall he liable only fur performance rendered or casts incurred in accordance with the
terms of this Agreement prior to the effective date of temtinalion.
Non-Allocation of Funds.ECOLOGY's ability to make payments is contingent on availability of funding In the event funding
from 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 pan,or renegotiate the Agreement,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 with no notification ur restrictions.although ECOLOGY will make it reasonable attempt to provide
notice.
In die event of termination or suspension.ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension.Reimbursed costs rrmst be agreed to by ECOLOGY and the RECIPIENT In no
event shall EC:OLOGY's reimbursement exceed ECOLOtiY'v loud responsibility under the a(,eement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable timds,tine RECIPIENT shall not he obligated to repay
monies 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 contingent upon availability of
funds by the RECIPIENT':governing body.
c) By Mutual Agreement
Tanpterc Vcruun lal?nr21115
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
50
Exhibit B-OCR Grant Agreement
Slate of Washington nepanmenl of Fminpy Page 29 0l'2V
Apeemcnt No WRYBII'-21119•YaCoPS•0O006
ProKn Thin Nachesd:awiche Flom Risk Reducttnn and Flnudptain Restoration
Recipient Nome' YAKIMA COUNTY
ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or In part,at any time,by mutual written agreement
d) In Event of Termination
All finished or unfinished documents,data studies,surveys,drawings,map.a,models,photographs,reports or other InateriaLs
prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment ol'all funds paid to the RECIPIENT in
accordance with Recovery of Funds,identified herein.
29, THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the stale of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
30. WAIVER
1Araivcrof a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,and will
not be construed as a modification of the tents of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
femplalc Version 1W30/2u I
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 51
Exhibit C - FbD Grant Agreement
BOCC Agreement
ULIr;I,i ME_N I I tt 32 2 - 20 19
ECOLOGY
Yakima County,WA
Agreement No.SEAFBD-2019-YaCoPS-00050
SHORELANDS FLOODPLAINS BY DESIGN AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
YAKIMA COUNTY
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 referred to as the"RECIPIENT,"to carry out with the
provided funds activities described herein.
GENERAL INFORMATION
Project Title: Nachos-Cowiche Setback Levee Construction and
Riparian Planting
Total Cost: S5I6,000,00
Total Eligible Cost: S516,000.00
Ecology Share: S516,000,00
Recipient Share: S0.00
The Effective Date of this Agreement is: 07/0 1 20 1 9
The Expiration Date of this Agreement is no later than: 06/30/2023
Project Type: Floodplains by Design
Project Shun Dori01i,in:
The RECIPIENT will construct a setback levee on the right bank ofCowiche Creek between U.S.Highway 12 and
Powerhouse Road to reconnect approximately 3 acres of historic floodplain and reduce flood risk to the City of
Yakima.The RECIPIENT will also develop and implement a riparian vegetation maintenance plan for the confluence of
the Neches River and Cowiche Creek to restore degraded riparian and floodplain functions.
Project Lona Descriotion:
Moderate flood events on Cowiche Creek in 2016 and 2017 led to the rapid progressive failure of the levee on the
right bank of Cowiche Creek just upstream of U.S.Highway 12 on the northwest edge of the City of Yakima,
Washington.Constrained by the highway embankment and other anthropogenie developments,the floodwaters were
unable to return to the creek or the Nachos 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
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
52
Exhibit C - FbD Grant Agreement
Sayre nl MitnnNrun!k:aulmeu:lit feuhR Page 2 nr 1,1
Agreemcnl Nti 5E41 IIp.20la_5'ut ol'S.USG(i
rusted Slit Nxl:c.L'uamclwScIhsek t ever Cumil w lion wit Ripsaw PL,nuNN
au(plod Nainc Yakima Ce.mt}
Niches-Cowiche confluence.Building on the reeomntcndations of the 2018 Cowiche Addendum to the Upper Yakima
Curnprehensivc Flood I'ward Alanagement Plan,the RECIPIENT developed the Niches-Cowiche Flood Risk
Reduction and Floodplain Restoration Project(Project)to coordinate the design and intplententativnt of a series of
interrelated flood hazard reduction actions and floodplain restoration clTtnis across the confluence.
The Project has three phases:
Phase I. Preliminary design and land acquisition.
Phase 2. Final design and permitting
Phase 3. Construction,revegetatian.and re-mapping of the regulatory I1uodpluin
Phase I and a portion of Phase 2 of the Project are limited by a gnarl from the Yakima Basin Integrated Plan(VI1IP)
Building on the YBIP efforts,this Fluodplains by Design(FbD)grant provides funding for part of Phase 3,the
construction of a setback levee on the right side of Cowiche Creek between I lighway 12 and Powerhouse Road.The
nee levee still significantly reduce the flood risk to over 16,000 residents in the City of lakimn.
1 his fh)grant also funds the development and implementation of a riparian vegetation maintenance plan The planting
efon will accelerate the ecological recover,of the flondplain after the construction of the.cetback levee
Qsenll Qoi_
Ilse goal for this F'h(1 grant is the SIICCCsslial construction of a flood risk reduction levee between I fighwmiy 12 and
Powerhouse Road,and the implementation of riparian maintenance and planting efforts at the Niches-Cowiche
confluence This TbD grant is a substantial step towards the eventual realization of the objectives Iinr the overarching
Naches-Cowiche Project effort
I.fo reduce the flood risk to the City of Yakima,LI S.Highway 12.Powerhouse Road,and adjacent working
agricultural lands.
2.To reduce the need for costly and disruptive emergency muintetwnee and response efforts(e.g.road closures,
flood-fights to prevent berm overtopping,channel dredging.etc)
3.To restore fish passage,ecological floodplain functions,and habitats fur native and endangered species on Lower
Cowiche(reek and wilhin the Naches floodplain and confluence
leinpl,lI 5'n,,c.,,II'.Io.am,
DocuSign Envelope ID:6CE58676-ODCB-4E79-91 C5-9D4BFDB7FD90 53
Exhibit C- FbD Grant Agreement
sia�e to Wallington tktwtment of[Woo Pare I or:4
Asteameni SFAP 2(119•YaCot1.00 50
Placa Tale Ni Ii .Qawlche Setback LeVet CuruaMen011 end Roman Pb.re
ReoN nt Nana YBkhna Cuo4).
RECIPIENT INFORMATION
Organization Name: Yakima Comity
Federal Tax ID: 91-6001387
DUNS Number: 010203644
Mailing Address: 4th floor Courthouse.128 N 2nd Street
Yakima.Washington 98901
Physical Address: 4th Floor Courthouse.128 N 2nd Street
Yakima,Washington 98901
Organization Fax: (509)574.230i
Contacts
Iemtawe6togn,wrua2mi
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
54
Exhibit C -FbD Grant Agreement
Slew er Wmhinpun Ikpaunml 0l1,4144 Pine a 004
Apreemrnl Na SEA 1.10.201LLYeCoPMdrW5n
Iknlear Tulle Nache«C,aehe Seebeck levee conslracnm end agwun PLmung
(knnknt Name Yalima Coumv
r f Ilk Meek -
-
Project Manager Water Resources Project Engineer
411;Floor Courthouse,128 N 2nd Street
Yakima,Washington 98901
Email: dule,meck@ncu.yukimn.wa.11s
Phone: (509)574-2300
Billing Contact i,resu Ishi+aka
Accountant
128 N 2nd Street,4th Floor
Yakima,Washington 98901
Email: tcresa.iahirakaalco.yakima.Wu.us
Phone: (509)574-2291
Authorized Environmental Services Director
Signatory
128 N.2nd St.
Yakima,Washington 98901
Email: david.haws(glco.yakima.wa.us
Phone: (5091574.2277
lenrplau Yci aee,Iarl0121r l?
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 55
Exhibit C- FbD Grant Agreement
Sloe of Wahmaeua Deptmou of Etalan IUtc 5 of 21
Aaiecmero An SEAFRD-20I9.V aCoP$1dY150
Prltef Tide Nwil*CMYlchc Sella*Lena Conehucl on and R,pamn Mama
Redplem Nome Yakima County
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Shore lands
PO BOX 47600
Olympia,WA 98504-7600
Physical Address: Shorelands
1011 Desmond Drive SE
Lacey.WA 98503
Contacts
Man Gerlach
Project
Manager
PO Ra'c 47775
Olympia,Washington 98504.7775
Email: MGER461@ecy.wa.gov
Phone: (360)407-0271
Bev Ilucthcr
Financial
Manager
PO Box 47600
Olympia.Washington 98504-7600
Email: bilue461@ecyAva.gov
ecy.wa.gov
Phone:(360)407.7254
relIVILILC Vpnu /iu'aII
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
56
Exhibit C FbD Grant Agreement
Stele of Wallington Dcpeitmanl or seoloay Page h of 2.1
Agteemenl No StiAFBLN2a19-Yn oPS-eeOtU
Penjeet Tale Nachea•Cowiche Setback I avae Cansiwet un and Rywtun Flaming
Recipient Nome Yakima County
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,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 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,
end accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties,and there arc no other understandings or representations
other than as set forth,or incorporated by reference,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 staffcontacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State Yakima County
Department of Ecology
•By: / �^ I L/10�r� By:,i 4 s a u/z-,t r
Gordon White Date David Haws Date
Shorclands Environmental Services Director
Program Manager
Template Appruved to Farm 65
Am+ncy Cnteral's Office
Templae Vowel 10l3112015
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 57
Exhibit C - FbD Grant Agreement
a`te ortWdtinpon Daputnant°MFmlo y Peg 7 or24
Apeman No SEAFHD.20t9•YeCoP5400$O
Projea TNo Nodx s•Cowlaht Setback Loll Camwawn and Riparian Pleny
Roo'N nl Now Yakima County
Michas!Leita
NOV 262019
Yakima County Commissioner Dew
Norm Childress
NOV 26208
it
Y ins County Commissioner Date
Ron Anderson
Nov26no
•
Yakima County Commissioner Dale
CrFYA4::
of
ATTEST:Cltrh of lilt Board
Linda Kay O'Hara
Deputy Clerk of the Board
Ap vcdanloFt7
A D
sputy Proseeuling A coney
BOCC Agreement
322 - 2019
Template Venlee IO1MOI3
Yakima County,WA
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
58
Exhibit C- FbD Grant Agreement
Sl,da of Wanhmtaon tk7 croon d(':snap Ivpr t of 24
Armemen'ha SI AFnU-2nl+-1',rC nl's-rwre;n
Nowt We Nxlre.'.Cm.).Seibm►I rm.I .nwnuuue wW R'wea„I'mien,.
Rc.picM Non: Yakima Cmnh
SCOPE OF WORK
Task Number: I Task C'usl:SIK.110(I IIO
[ask Title; Project AdntinistmliunrMtotagenient
f15k Descetor'' r
A.The Recipient will administer the project.Responsibilities will include,but not he limited to:maintenance of project records;
sulunillal of'requests for reimbursement and curresptniding backup documentation;progress reports and recipient closeout
report',including photos):compliance with applicable proculemenl.contracting,and inter-local agreement requirements;
application of.receipt of,and compliance with all required permits,licenses,easements,or proper[}rights necessary for the
pi ulcer,and submittal of required performance items
H.The Recipient'nos'manage the project I:flurts will include:conducting.coordinating.and.scheduling project actis ides and
assuring quality control Every effort will be made to maintain effective communication with the Recipient's designee:the
department:all affected local,state.ur federal jurisdictions;and any interested individuals or groups I he recipient must uury
out this project in accordance with any completion dates outlined in This agreement. Budget deviations are allowed between
budget objects,e.g.,the RECIPIEN I'may spend less money on one task and store on another,hut under no circumstances
may the RECIPIENT exceed die total project cost. The approval of the ECOLOGY Project Manager is required for this
deeiution.
rusk(ruaal Statement-
Properly managed project that meets agreement and Ecology administrative requirements
Outcome,,
• Timely and complete submittal of requests for reimbursement,quarterly progress report,-and recipient closeout report.
▪Properly maintained project documentation
t2ecit!ieut T�s1_t ekt in ao= Dale Mack
Project Administration/Management
Deliverables
Number Description Due Date
I I Progress Reports
t 2 Recipient Closeout Report U61311/2023
3 Project Outcome Summary.Report Ooi30f2023
I entpl,LL•Vruom rtl 112n1;
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 59
Exhibit C - FbD Grant Agreement
Slue of Waslnnpu°Ilcg Wmmca ul Izolugt Nee 4 ur 24
Agreement\e SF AFIl1)4014-YuCrPx!MOO
Priam File N.nlr+•Cmnchc ticiblek I net Coronuaonn m1d IImammt Praunug
aaoWem Nome Yakima Coam5
SCOPE OF WORK
Task Number _ Task Coat:$434,000.00
Task Title: Setback Levee Construction
Gam F�tsiL+cit�rj_
nce RECIPIENT will hire a public work..contractor Through a competitive procurement process fur the cnustrudinn of a
setback levee on the right hank of Cowidu Creek between I lighttav 12 and Powerhouse Road. Ihjs task includes
construction costs.construction contract administration,.curveying and inspection of the project.engineering cervices during
construction,and preparation of the as-built plan set,
I he existing levee is enrolled in the 1i. .Army Corps of Engineers(Corps)Public Law 84-99(Pt 114-99)Rehabilitation
Program.PI.84-99 provides authority to the Corps to repair and/or rehabilitate any qualified flood control project damaged by
flood waters The RECIPIE.N f will coordinate a post-construction inspection with the Corps us encnnc die setback levee is
eligible for continued coverage in the program.
Note fhc levee will also he designed to meet the requirements lul accreditation by the Federal Emergency Management
Agency AS a flood risk reduction system expected to provide base flood risk reduction within the context of the National Flood
Insurance Program The et:nificnlion and accreditation process is contingent on the implementation of all project efforts across
the Naclies-Cowiche confluence and is beyond the scope of this agreement
rukCinl,IS l:Am;3;
Construction ula setback levee between Ilighway 12 and Powerhouse Road that keeps the levee in the Corps PI 114-99
program.
l;l;1f;�i�&IeS(S$1Lo1LS i
I lydraulically reconnect approximately 3 aere;of the Cnwichc Creek floodplain and improve flood protections for the City of
Yakima
Reciniem lick Coordinator: Dale Meek
Setback Levee Construction
Deliverables
Number Description Due Dale
2 1 Rid documents: construction plans and specifications signed and scaled by an
engineer licensed im the state of Washington,etc,Upload la FAGI and notify
ECOLOGY Project Manama.
2 2 As-huih construction plan set Upload to UAGl.and notify ECOI.00Y
Project Manauer,
2 3 Annotated digital photographs showing conditions before,during and dim
construction Upload to EAtil and notify ECOLOGY Putujecu Manager.
Icmgtldc Ymnui Ii1412015
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
60
Exhibit C- FbD Grant Agreement
time nl Washmglm lkI rr of nl I:r/luyl No Ill of Zl
Agreeirwi NO SE.AI HI5204-1",iCoRS-000511
a'IIICI'I 1"nlc Nscbci.Cewmhe ticdvci I nec(\mg,ucilon ft ip,uni'I'larnmy
(trcipieul Namc Vntrmo Crmrlt)
SCOPE OF WORK
Task Number. 3 Task Crib$64,000.1111
Task'title: Floodplain Restoration Planting&Maintenance
I_vsk fy rxsu1iio
Building on two propeny-spccilic preliminary riparian vegetation management plans previously completed by the North Yakima
Conservation District,the RL:CII'll'NT will develop a site-wide interim riparian vegetation maintenance plan lit lire
Naches-Cnwiche confluence,The plan will set priorities and guide the vegetation management activities within the grant period.
I'he plan will uw a combination of riparian best management practices(weed removal.mowing,herbicide application.etc I to
support existing native plant vitality and to discourage the establishment ofnatious or invasive weeds
1 he RECIPIEN I will implement the Maintenance plan over the duration sit the prnjecl period flue RFCIPIF..NT will prepare
an annual maintenance action summary repel describing annual tnaintenanee actions per Funned and documenting before and
alter conditions.
fhc RECIPIliN1 will also implement a strategic riparian planting effort to accompany the construction of de setback levee on
the right side of Cowichc Creek between I lighway 12 and Powerhouse Road.The planting effort will include a combination of
native grasses.willow pole cuttings,and beneficial native riparian trees and shrubs installed to accelerate the restoration of the
floodplain functions on Cnwiche Creek
A11cr planting is complete,the RECIPIEN will submit GIS shapetiles of the planting arenas)and acsnciated wa(crhody to the
ECOLOGY Project Manager and upload them to EAGL.
Task Cron!Stau;pIC!1C;
Riparian planning,planting.and maintenance to improve and accelerate the ecological restoration ante Nachcs-Cowichc
confluence.
IrayktyP_ tcl(lut me:
Improve riparian habitats and restore 1loodplain functions to hcnelil native fish and wildlife ill the Naches•Cowichc confluence
Iun10,0C W/111M I I Ugl,l
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 61
Exhibit C- FbD Grant Agreement
Pave l I nl:d
SWIG nI Wlahmgum 11a{ulamem VI Lr.du4p
Aglenne..l Nn SI Al 11tYZ010.}'nCol'AP't"0
Prryrcl Pule Naehrs•Cauruh:Snheck I net C'an.Uu:Na1 anJ a,poenn Plannag
Itrc.rycnl Na m,< Yakalo Omni}
Rs.c r icld Pack("Wrd rltlnr: Dale Meek
F'Inotlplain Restoration Planting&Maintenance
Deliverables
Number Description Due Date
3 I Site-wide interim riparian vegetation maintenance plan Submit to ECOLOCiV
Project Manage'ntl reviiK and approval I Jtllorad Io 1 At it..
3 2 Copy of signed contract to implement riparian planting effort.Upload to
. EACH.and notify ECOLOGY Prnleet Manager
3 3 Annual maintenance action summary report describing actions taken.condition
of plantings and photos documenting associated site conditions before and
after actions taken.Upload to EAGL and notify ECOLOGY Project
Malinger.
•
3 a (ilS shapeftles.Submit to ECOLOGY Project Manager and upload to EAGL
leagamr Yersmn IIPiII,OI5
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
62
Exhibit C- FbD Grant Agreement
Sidle m ww,..lI n Ucrrulmmt 12 id 1d
,1@rrnneul tiu Sr.FbU-2n19.1:r'nl?iAtlljO
Prow hue Nachu.Craitla Salhuc4 I cwv Cansuuir.as erol l2rpuiau I'Wntme
xcs,plcru Nnr.c YAAnn°lmsnlr
BUDGET
Funding Distribution I?C:200JSI
NOTE:They above finding distribution number is ured to identify this specific agreement and budget on payment
renriaances and rear h:referenced hill other canrauaucntinn.s tram E('OL(h:y Iirur aereenrelt may have multiple
Limdmg distribution numbers in Iderni/i.each budget
Funding Title: Fluodplains by Resign Funding Type: grant
Funding Effective Date: 07.0 IND 0 Funding'Expiration Dane: 06/30/2023
Funding Source:
Title: State Building Construction Accoma
type: State
Funding Source°.n: 100%
Description: Floodplains By Design
Approved Indirect Costs Rate: Approved State Indirect Rate:30%
Recipient Match°.: 0%
InKind Interlocal Allowed: No
InKind Other Alluwed: No
Is this Funding Distribution used to match a federal grant? No
Floodplalns by Design Taak Total
Project AdminiatrationAtilanagenent S IR,ntw.00
Setback Levee Construction S $31,000.00
Flondplain Restoration Planting$c Maintenance S 64.000.00
Total:S 516,000.00
1 rrplale 1'nvun IU'I Y11,1'
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 63
Exhibit C- FbD Grant Agreement
Mote 91%munatun I tprrtmenl on l:mole) r,I.• 2.1
Agreement No SI AFIII!•2111i t'ar',A•S•ItubS(l
Pnrycet Tills V,rcaea•intclehe Selhtck I eve.I bnsllu:n.0 end ILNui,.'!laming
ltcunienl Nome Yettam OM*
fundine Distribution Soloman
Recipient/Ecology Share
Funding Distribution Name Recipient Match% Recipient Share Ecology Share Total
Floodplains by Design 0.00 % S 0.00 S 516,000.00 b 516,000.00
•
Total s 0.00 5 516,1100.00 S 516,000.00
AGREEMENT SI'F.CIFIC TERMS AND CONDITIONS
N'A
SPECIAL TERMS AND CONDITIONS
Floodplains by Design-Special Temrs and Conditinus
I Local Decision: This grant is made in response to u request fur financial assistance from the Recipient to undertake!loud
damage prevention projects. The choice of Iloodplain management activities addressed by this grant is a local decision made
solely by the Recipient. The Recipient is not acting as an agent of the Slate
2 I awsuits: Ecology shall not be responsible for any non-contractual damage or invcr.e co ndenutation claims resulting from
the structures or works crosiructed.repaired.restored.tmtintained.or improved punuanr to this grant
3 Indemnification,I told Ilarmless and Duty to Defend
a.Ecology shall in no way he held responsible for payment of salaries,consultant's fees,and other cost:related to the project
described herein,except as provided in the scope of work.
h This paragraph applies ut negligence based claims only All other claims are governed by paragraph 4 of this section. To
the extent the constitution and laws oflhe State of Washington permit,Recipient shall indemnify.defend and hold harmless the
State,its agencies,nllicars and employees,from all claims,Suits or actions brought for any or all injuries to persons or properly,
arising from,or as a consequence of:negligent acts or omissions related to the construction.restoration.repair.maintenance.
improvement of operation of the structures or works for which this grant is provided 'idle structures or works for which this
grant is received arc a portion of an integrated flood 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 ofdte operation.
maintenance,or repair ofihat integrated flood protection system;PROVIDED,however.that this provision is not intended to
and shall not he ctmshtied as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor is
it intended to,and it shall not be construed to.confer any rights upon third patties.
e The Recipient will not be required to indemnify,defend,or save harmless the State,its agencies.ollicers or employees as
provided in the preceding paragraph of this section if the claim,Sail.or action for injuries.death,or damages is caused Its the
stile negligence or the Stale When:such claims.suits.or actions result lion the concurrent negligence of(al the State.or the
Siale's agents or employees and(hi die Recipient na the Recipient's agents or employees,Ile indemnity provisions provided in
tots pleccding paragraphs of this section shall he valid and enforceable only to the extent of the Recipient's negligence in the
negligence of its agents and employees.
J fo the extent(hat the constitution arid laws oldie State of Washington permit.Recipient shall indemnity and hoist harmless
i rmil rue vow...b P u,nu t 5
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
64
Exhibit C- FbD Grant Agreement
Mule ul wus!unpin Depm rnl nl I ntrugy
1greemun Su SEA ran)-tl 4-YnCoPS•10.1511
Noreen tide N.Wile-tbw,alw..eland,I even C,r(UIueII'n and Sono,P amIng
Hagnnn Nixon }Am,Cnuna
the State of Washington.its agencies.employees,and officers against any and all liability arising out of the continued operation,
maintenance.r+I repair attic stntettires or works constructed.restored,repaired,maintained or improved as a result of this
grant If the sit u.turca or wivki Ion which this l:rani is received ate ponians or an integrated ma ill protcerioi Sy,lem,
Recipient agrees by indemnity,dermal lord hold Snowless the Stale of Washings n.its a(!en+:ity.eatployret.:rnd officers against
any and all liability arising out oldie opelatiom,mairtteisutte,w'repair diktat integrated Ihxtd protection system,PRUVIOEI).
however.that the indemnity pros,sians,r1this tuiragraph are nt%intended Ito and shall not he cotstnrcd ns a waiver by
Recipient of any immunities conferred upon the Recipient by RCA, St..I2.037 nor are they intended to,and they shall not he
construed to.confer any rights upon third parties. this agreement applies in all nun-negligent,noo-connucuutlly bawd claims
including.but not limited its.inverse condemnation,euotribution,indemnification.trespass and.'or nuisance
J.Deliverable Due Dalca: bask deliverable due dates will be managed by and through the Deliverable Due Dale Penn(From)
provided by ECOLOGY prior to(mallard agreement upload into EACH.
If needed.RlfCIPIF.Nl will negotiate arty revisions to deliverable due dates with ECOLO(iV'e Project Manager.If changes
are approved.RECIPIENT will resubmit the Form with the revised due dates Si ECOI.O(iY'e Project Manage who a ill
upload the revised Form into EAGl.
5 Any development activity funded by this grant which oeettis in Ilse Federal F.ntcmeney blanagement.Agency
(t'IIM.AI•nrapped regrilutory t1o,+dplain,also known as the Special Flood llaeard Area(SF1lA).may nigger the need(tie a
ll uilpiain development permit front die local agency with tloodplaiat management jttrisdisbon"ltevelepntent"is defined at-I t
C'Il4 59.1 as" any than-made change to intpatved or unimproved real estate,including hill nni Iinlitrth to buildings r1r other
structures`reining,dredging,filling.grading.paving.exeav'aliort w chilling operations or storage of equipment t to materials
Further,any activity funded in,lin,grant nra}'change the base flood elevations hum physical changes allecliug the flrwdpbrin
(-+amtiilidtir5 are required by•s•1('1 It 65.3 to submit ism data to FPMA lit the event their actions ailed the base flood
elevation and the regulatory map(the SFI IA)
FLOODPLAINS BY DESIGN FtfNDINO PROGRAM AND FCAAP EMERGENCY GRAN f STTERMS AND
C'ONDI I IONS I.AS 1 UPDATED 09/12/2019
GENERAL FF.DF.RALCONDITIONS
If a portion nr all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award,the following terms and conditions apply In you.
A C'LRI'(1 tcA[JOY1;1.'.tia1RO N(i Pl v' IO'),I)l':tlAR?t11^Nl_IVELIL ltigu,l_l'OR VOI SiNTARA
iS10\:
I The Rr('IPII/N'f/CON FRAC I I)K,h)signing this agreement.certifies that it is not suspended.debarred.proposed for
debamienl,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving
contracts paid for with blew)funds If the RLCIPIEN17CONI RAC 1011 is unable to certify to the stalentetLs
contained in the certification.they must provide an explanation as to why they cannot.
2. I'he RE('IPIENT:CON!RA("I'OR shall provide immediate written notice to FC'OLOGY if at any line the
RECIPIENT/CONTRACTOR learns drat its certification was erroneous when submitted or had become erroneous by
reason of changed citcmnslances
3. f he terms covered transaction,debrred,suspended,ineligible,lower tier covered transaction.participant,person,
prilnary covered transaction.principal.proposal,mid voluntarily excluded.as used in this clause,have the mining set
I;vrpla'e Vcmm�Im1o(Ol
DocuSign Envelope ID:6CE58676-ODCB-4E79-91C5-9D4BFDB7FD90 65
Exhibit C - FbD Grant Agreement
State of Wigton negrrmenl of Ecology Page IS or Ll
Alinement Nu SEAFEt1I019-yecoPSw0050
linen Ink Nonees•Cew,che Setback I sve,CmeUuction and Ripumn Planing
Reeimeni Name Yakima County
out 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,
declared 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
EXCLUSFON"without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6. Pursuant to 2CFR 180.330.the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing 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 recipients or
contractors,are not suspended or debarred,and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment.RECIPIENT/CONTRACTOR must run a search in
<Mtp,.:www.ani.u„v and print a copy of completed searches to document proof of compliance.
R,FEDERAL FUNDING ACCOtINTARIl I1YA TRANSPARENCY ACT IFFATAI UNITE")ING
REOUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY070-395)and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
• 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 S25,000,000 in annual federal funds.
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 federally funded agreements,including the required DUNS number,at
wk%., within 30 days of agreement signature.The FFATA information will be available to
the public at usNtknd nnu�i+o_1111�•ywu u}:iykiittin .
For more details on FFATA requirements.see .,,_fas, ,.s I� _� .yy 1,i-
Template Woman Im3ur201 i
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
66
Exhibit C- FbD Grant Agreement
sWtc al Washmgtun tint ul liner.of I n:i+ay 15�c In of:t
Atacrmwt Ne SMl l3I1.21i l9-Y.tCnl'S 011150
('tried lane Naclx>d' fie Setback I net l'Ulliuuction and Rg,a:iJur Planting
Na gir_nl Name V;d,lm+Crunly
GENERAL TI:R111SAND CONDIT IONS
Pertaining to Grant and Loan Agreements With the stale of Washington,Department of Ecology
(iF.NFRAI.TERMS.AND CONDITIONS AS OF LAST UPDATED 7-I 2019 VERSION
I. ADMINISTRATIVE REQUIREMENTS
:t) RECIPIEN I shall follow the"Administrative Requirements tin Recipients of Ecology Grants and Loans-I:AGI.Edition."
Ihups:Nfortress.wa.gov.ecy,publieotions:Suromar:Pagcs/170I004.htmll
bl RECIPIEN I shall complete all act is Met:funded by this Agreement and be fully responsible for the proper management at'all
funds and resources made available under this Agreement.
cl RECIPIEN r agrees to take complete responsibility fur all actions taken under this Agreement.including ensuring all
subgrantees and contra:lots comply with the termi,and conditions of this Agreement.CC'OLOON'reserves the right to request
proof of cerinpl'.nice by subgtante es and contractors.
J) RECIPIEN,I'.activities under this Agreement shall he subject to the review and approval by UUOI.OtnY for the extent
and character of all work and services.
2. AMENDMI:N rs AND MODIFICATIONS
This Agreement may he altered,amended,or Waived only by a written amendment executed by both parties. No subsequent
modiliealion(sj or ameudniennsl of this Agreement will he of any force or effect unless in writing and signed by authorized
representatives of both parties. IiCOI.O(31'and the RECIPIENT may change their respective staticontacts and administrative
infomaation without the concurrence orcitber party.
3 ACCESSIBILITY REQUIREMENTS FOR COVEREDTECIINOLOGY
flue RECIPIEN I must comply with the Washington Slate Office of the Chief Information Officer,OCR)Policy no ISM.
Accessibility(https:aoeia.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 sitewpagcs.web-based applications.soffwarc systems.sides and audio content.and electronic
documents intended for publishing on Ecology's public web site.
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIEN f shall take reasonable action to avoid.minintize,or mitigate adverse effects to archeological and historic resources.
line RECIPIENT must agree no hold harmless the State of Washington in relation to any claim related to historical or cultural
artifacts discovered,distill bed,nr damaged due to the REC'IPII'NT's project limded under this Agreement.
RECIPIEN F shall.
ai Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their proiect:
• for capital construction projects or land acquisitions for capitol construction projects.if required.comply with Governor
Erecul i v e Order 05-h i,Archaeology and Cultural Resnui ccs.
• For projects with any federal invulveinem,if required,comply with the Nutintal I historic Preservation Act
• Any cultural resources federal or stale requirements must he completed prior to the start of any work on the project site
hi I tequired by the ECU!OM'Program.submit an Inadvertent Discovery Phan IMP)to ECOLOGY prior to implementing
an)project that invulvcs ground disturbing petit ities.ECOLOGY will provide the IDI'form
RECIPIENT shall.
• Keep the IOP at the project site
ran,p4nr'.,.AIR`bo3e+1015
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 67
Exhibit C - FbD Grant Agreement
coo of i ep.rtmcm of toloin rmx 17 of 2.1
Agreement No SI AF 11U4a19.1•:CoPSfirgl.Ni
roluct INe Nact¢.•Coilo hr Scthwl•I evei(imawibun and Kiruna'',i tooso.g
Neu;nno Nero Yokimn C ouml
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with smlTand contractors working it the project site.
• hnplement the IDP when cultural resources or human remains are lilmud at the project site.
c) If any archeological nr historic resources arc found while conducting work under this Agreement:
• Immediately stop work mid notify the ECOI OGY Program,the Department or Archaeology and I listoric Preservation at
(360)5116-3061,any.affected Tribe,and the local government
di If any human remains are found while conducting work Linde:this Agreement.
• Immediately stop work and notify the local law Enforcement Agency or Medical Examiner/Coroner's Office,and then the
EC'O(OGY Program.
c) Comply with RCW 27.53.RCW 27.44.055,and RCW 68,50 645.and all oilier applicable local.state,and federal laws
protecting cultural resources and human remains
5. ASSIGNMENT
Nn right or claim atilt:RECIPIEN I arising under this Agreement shall be transferred or assigned by the RECIPIENT
6 COhIMUNICATION
RECIPIENT'shall make every effort to maintain effective communications with the RECIPIENT's designees.ECOLOGY,all
affected local.state,or federal jurisdictions.and ally interested individuals or groups
7 COMPENSATION
al Any work performed prior to elTcclisc date of this Agreement will be at the sole expense and risk orate RECIPIEN I'
ECOLOGY must sign the Agreement before any payment requests can he suhmitted.
b) Payments will he made on a reimbursable basis for approved and completed work as specified in this Agreement
c) RECIPIEN I'is responsible to determine ifcosts 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.
d) RECIPIENT shall not invoice more than once pet month Linless agreed on by ECOI OGY.
c) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests.
1) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment.
g I RECIPIENT will receive payment through Washington State's:Oise ofFinancial Management's Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-0
lions at wrbsite,hulps:unfm.sa.gov it-systems,statewide-vendorpayec-services. If you have questions about the vendor
registration process,you can cnnuacl Statewide Payee I leip Desk at(360)4(17-81811 or email PayeeRegistration(cofin.wa.eov
It) ECOLOGY may.at its sole discretion,withhold payments claimed by the RECIPIEN I Witte RECIPIENT tails to
satisfactorily comply is id]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 it,,at ECOLO(il"s sole discretion,such payment is reasonable and approved according to this Agreement.
as appropriate,or upon completion of an audit as specified herein
i 1 RECIPIEN I'must submit within thirty(30)days after the expiration date of this Agreement,all financial,performance.and
other reports required by this agreement.Easton to comply may result in delayed reimbursement
8 COMPLIANCE WI'lII Alt I.AWS
RECIPIENT agrees to comply fully with all applicable ledcral.:Ialc and local laws,orders,regulations and pennms related to
this Agreement.including but not limited to
u) RECIPIENT agrees to comply with all applicable laws,regulations,anal policies of the United States and the State of
;midair t'oana I U'il>'.UU
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
68
Exhibit C -FbD Grant Agreement
Slate 01 W,yunplmr Irelununeal of rrr'lugy face 111612.1
.Agrrcmcnl r.'n shiF1113.2Sl S.S loPS.lrielip
1'n yeel Title Naahei•Cnvoche SerluS I cr.I:nnhrlsaun and Ibrur mn Plonnng
t(eur,ae Same Ynkmiu County .
Washington which affect wages and joh safety
b) RECIPIENT agrees to be hound by all applicable federal and state laws,regulations.and policies against discrimination
c) RECIl'IENI'certifies full compliance with all applicahle state industrial insurance requirements.
AI RECIPIENT agrees to secure and provide assurance In ECOLOGY that all the necessary approval:and permits required
by authorities having jurisdiction over the project arc obtained RECII'IENTmust include time in their project timeline hi r the
permit and approval processes
ECOLOGY shall has the right to immediately terminate for cause this Agreement as provided herein lithe RECIPIENT fails to
comply with above requirements
II any provision of this.Agreement violates any shrub:or rule pilaw of the stare of Washington.it is considered modified to
conform to that statute or rule of law.
'1 CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or responsibility
in the review,approval,or carrying out of this Agreement,shrill nut have any personal or financial interest,direct or indirect,nor
affect the interest of any corporation,partnership,or association in which he/she is a part,in this Agreement or the proceeds
thereof.
I U. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIEN f shall award
all contracts for construction.purchase ofgoods.equipment,services,and professional architectural and engineering services
through a competitive process,if required by State law. RECIPIENT is required to follow prncuremenl procedures that ensure
legal,fair,turd open competition.
RECIPIEN h must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be
required to provide written certification that they have followed their srandard pmetiremeni procedures anti applicable state law
in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies ofall procurement documentation,and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the I(EC'IPIEN l's normal procedures may he disallowed at ECOLOCirs sole discretion,
I I. DISPtJ ITS
When there is a dispute will,regard to the intern and chancier of the work.or any other mailer related to this Agreement the
dcrerminalion of ECOLOGY will govern,although the RFCIPIEN r shall have the right to appeal decisions as provided tar
below':
tl) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must he in writing and state the disputed issuers)
c) RECIPIENT has the opportunity to he heard and oiler evidence in support of iL,appeal.
di ECOLOGY reviews the RECIPIENT's appeal
e) ECOLOGY sends a written mcswcr within len(1111 business days.unless more time is needed.after concluding the review
The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty j 311)days t'nan the dale of such
decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal I he decision of the Director or duly
authorized replesenlative will he final and conclusive.
The parries agree than thin dispute process will precede any action in a judici:dor quasi-judicial tribunal
Appeals of the Directors decision will be brought in the Superior Court of Thurston County. Review nl the Director's decision
will nor he taken 10 Environmental and I and Use I hearings Otlicc
Nadine final decision of a dispute the RE('IPII.N'I agrees to proceed diligently with the performance of this Agrecnrsnt and in
In whir Vera.„utkortS
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 69
Exhibit C-FbD Grant Agreement
swe.I W..s.lu5i, flepornwa nil rolo
1wvecmeni Nu SI AFA0•20 14.Yaul'S.OPOSi
Pw)rcr Tine rachrr.Couichr Selhuck t ever I ogcirtio•I not Wiv•w Planet
Recipmrd Noma Yakima Cony
accordance with the decision rendered.
Nothing in this Agreement will be consInied to limit lire parties'choice ul:mother nudually acceptable method,in addition lit the
dispute resolution procedure outlined above
12 ENVIRONMENTAI.DATA STANDARDS
ul RF.CIPIEN r shall prepare a Quality Assumrree Project Plan(QAI'P)for a project Ono collects or uses environmenial
measurement data RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the gratis or loan.Ifu QAPP is required,the RECIPIENT shall:
• Use ECOI.OGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance(QAI
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY'S Guidelines Mr Preparing Quality Assurance Project Plans for Environmental Studies.July 2004
(Ecology Publication Nn 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
bi Rli('ll'IEN'f shall submit ens imnmenlal data Thar wns collected°n a project to ECOLOGY using the Environmental
Information Management system(LIM).unless the ECOLOGY Program instructs otherwise.l'he RECIPIENT mast confirm
with F:COI.00JY that complete and correct data was successfully loaded into HIM,find instructions at:
Inip://www.ecy.wa.govieiin,
c) RECIPIENT shall follow EC01 OtiY's data srandards when Geographic Information System(CIS)data is collected and
processed.Guidelines for Creating and Accessing GIS Data are available au:
hupsa/ecology.wa.SoviReseareh-DatiMata-resources'Geographic-Information Systems-GISSlandards RECIPIENT.when
requested by ECOI O(iY,shall provide copies to L•COLO(iY of all filial GIS dalu layers,imagery,related tables.raw data
collection files.map products and all metadala and project documentation.
13 GOVERNING LAW
This Agreement will he governed by the laws of the State of Washington,and the venue army action brought hereunder will he
its the Superior Court of Thurston County
14. INDEMNIFICATION
ECOLOGY will in no way he held responsible for payment of salaries.consultant's fees,and other costs rehired to the project
described herein,except as provided in she Scope or Work
fir the extent that lit Coustilulinn and laws of the State of Washington permit,each party will indemnilj and hold the other
harmless from and against any liability for any nr all injuries to persons or properly arising from the negligent act or omission of
that party or Shull parry's agents or employees arising out of this Agreement
15 INDEPENDENI STATUS
The employees.volunteers.or agents of each party sill°are engaged in the pertormarrce of this Agreement will continue to he
employees.volunteers.or agents of that party and will not for any purpose he employees.Volunteers.or agents oldie other
party
10 KICKBACKS
Rl:CiPIEN r is prohibited front inducing by any means any person employed or otherwise involved in this Agreement to give up
any pan(lithe cormpensation to which he.'she isotherwise entitled to or receive any fee.commission,or gift in return for award
al a subcontract hereunder
17. MINORII Y ANt)WOMFN'S BIiSINFSS 1=.N I1-.RPRISES(MWllI t
Ira dam Sec...hS lD'IIli
DocuSign Envelope ID:6CE58676-ODCB-4E79-91C5-9D4BFDB7FD90
70
Exhibit C - FbD Grant Agreement
Swn m%Amp.,Dcraitmeia Id I nlug' ISgc hl,s S et
Apremrn:ism StiAFI111:(2I ul'm:.iI•S.l Ntia
Pmlcu lick NMhGS•CVN,ahe Sclhnct Lcvec CMtllnldon Old all�lball P1JPilllg
ar.gncnl N,nnc lukunu('nunli -
RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and women-owned
1\\R6)businesses in purchases and contracts initiated under this Agreement
Contract awards ur rejections ainnot be made based nn MWRE participation;however,the RECIPIENT is encouraged to
lake the following actions.when possible,in ally procurement under this Agreement;
a) Include qualified minor by and tsnmen's businesses on solicitation lists whenever they are potential sources of goods or
scl vices
b) Divide the total requirements.when economically feasible,into smaller tasks or quantities,Io pemmt maximum participation
by qualified minority and wounel('.s businesses.
c) Establish deliver) schedules.where work requirements permit,which will encourage participation of qualified minority and
women s businesses.
dl Use the services and assistance of the Washington State Office of Minority and Wonhen's Business Enterprises(OMWRE)
(1166-2011-1061)and the Office of Minority Business Enterprises-of the I I.S.I)epartmcnt of Commerce.as appropriate
18 (IRI)ER OF PRECEDENCE
In the event of inconsistency in this Agreement,unless'Ahem ise provided herein,the inconsistency shall be resolved by giving
precedence in the lirllowing order: (a)applicable federal and state statutes and regulations:(b)The Agreement:(c)Scope of
Work:(d)Special'Icons turd Conditions;(e)Any provisions or terms incorporated herein by reference.including the
'Administrative Requirements for Recipients of Ecology Grants and Loans";(I)Ecology Funding Program Guidelines:and(g)
General Terms and Conditions
19 PRESENTATION AND PROMOTIONAL MATERIAI.S
ECOLOGY reserves the right to approve REC'.IPIENT's communication documents and materials(elated to the fulfillment of
this Agreement:
a) If requested.RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten 110)business days prior
to production and distribution.
h) RECIPIEN)shall include time 1iur ECOLOGY's review and approval process in their project timeline.
c) If requested,RECIPIEN'I shall provide ECOL OGY two(2)final copies arid an electronic copy of any tangible products
developed.
Copies include any printed materials,and all tangible products developed such as hruchures,manuals,pamphlets,videos,audio
tapes.CDs,curriculum.posters.media announcements,or gadgets with a message,such as a refrigerator magnet,and any
online commmnicarinns,such as web pages.hlugs.and twitter campaigns If it is not practical to provide a copy,their the
RECII'll'N1 shall provide a description(photographs,drawings.printouts,etc.)thur besu represents the ilcm.
Any communications intended for public distril ttinn that uses ECOLOGY's logo shall comply with 1:COLOGY's graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY'-logo contact
ECOLOGY for guidelines
RECII'IEN I .shall acknowledge in the communications that funding was provided by ECOLOGY.
20. PROGRESSREPOICIIVti
al ItECIPIEN I must satisfactorily demonstrate the timely use of funds by submtling p•rymenl requests and progress reports to
ECOLOGY. ECOI,t.)(iY reserves the right to amend of terminate this Agreement if the RECIPIENT does not document
timely use or funds,
h) RECIPIENT must submit a progress report with each payment request Payment requests will uol he pioecssed without n
progress report ECOLOGY will define the elermeris and frequency rut progress rentals.
c) RECIPIENT shall use ECM.OIlY's provided progress ucport rounnt.
ill Quarterly progress reports will cover the periods from January I through Mach 31,April t through June 311 July t through
!vapidly Vo.n,n lu,1a.^11I I
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 71
Exhibit C - FbD Grant Agreement
Nam•al W;mhinaun,lktanmcn!ul LOOK, Mete 21 a 24
Apheatnreh Nu SI,A 1111120 I?•Yat'nYS.NNr5n
Ageci Ilk Nadm,.Un.,che Selhacl I ewe Coo,lnxilod arJ arose.,Planing
Ree,ru of NUM VW",aa t nunht
September 30.and October I through December 31. Repuis shall be submilred within thirty 130)days after the end ol•the
quartet being reported
e) RECIPIENT must submit within thirty(30)days of the expiration date of the project.unless an extension has been
approved by ECOLOCiY.all financial,performance,and oilier reports requin:d by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report lirrmat
21 PROPERTY RIGIITS
a) C'opyriglus and Patents. When the REC'II'IEN f creates any copyrighlable materials or invents any patentable property
under this Agreement.the RECIPIEN f may copyright or patent the same hut ECOLOGY retains it royalty free,nortexelunise,
and irrevocable license to reproduce,publish.recover.or otherwise use the materials)or property,end to authorize others In
use the carne for federal.stare,or local government purposes.
hi Publications When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY inf'onnatinrt:
present papers,lectures,or seminars involving information supplied by ECOLOGY;or use locus,reports.maps,or other data
in printed reports.signs.brochures.pamphlets.etc,appropriate credit shall he given to ECOLOGY
e) Presentation and Promotional Materials.ECOLOGY shall have the right to use or reproduce ally printed or graphic
materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall
acknowledge the RECIPIENT es the stile copyright owner in every use or reproduction of the materials.
dl Tim)ihle Property Rights FCGLQ(iY's current edition of"Administrative Requirements for Recipients of Ecnlugy Grants
and 1 mans,"shall control the use and disposition dull real and personal properly purchased wholly or in purr with funds
litrnished by ECOI.00iY in the absence or state and federal statutes,regulations,or policies to the contrary,or upon specific
instructions with respect thereto in this Agreement
c) Personal Property Furnished by F.C(lI OGY When ECU OKiY provides personal property directly to the RECII'IEN r
for INC in performance dale project,it shall be returned to ECOLOGY prior to final payment b) ECOLOGY II said property
is lust,stolen.or damaged while in the RECIPIENTS possession.then ECOLOGY shall be reimbursed in cash or by setoll'by
the RECIPIENT for the fair market value of such property.
I) Acquisitiuu Projects, The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land Sr facilities:
I RECII'1EN I'shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement
2. RECIPIENT shall provide satisfactory evidence of tide or ability to acquire title for each parcel prior to disbursement or
funds provided by this Agreement Such evidence may include life insurance policies,'Forms certificates.in abstracts,and
attorney's opinions establishing that the land is flee from any impediment,lien.ur claim which would impair the uses intended by
this Agreement
g) Conversions. Regardless;of the Agreement expiration date,the RECIPIENT shall not at any time convert tiny equipment.
property,or facility acquired or developed under this Agreement to uses other than dune for which assistance was originally
approved without prior wriaen approval ol'ECOLOGY Such apprnsal may he conditioned upon payment to ECOLOGY of
that portion ul the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant of this
Agreement pear lu the total acquisition.purchase,or conctntction costs of such property.
22. RECORDS,Al1DITS,AND INSPI•.('lIONS
RECIPIEN I shall maintain enntplere program and financial records relating to this Agreement,including any engineering
documentation and Field inspection reports of all construction work accomplished.
All records shall
a) He kept in a manner which provides an audit trail for rill expenditures
by He kepi in a cuuunon file to facilitate audits and inspections
cl (!curly indicate total receipts and expenditures related to this Agreement,
Ionelatc Vrrw,"n1•n,2 1,
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
72
Exhibit C - FbD Grant Agreement
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AN affirm No SF AF11112019-sal nl'S-I18011
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d) 6e open for audit or inspection by ECOLOGY,ur by any duly authorized audit representative of the State of Washington,
for u period of al least three(3)years alter 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 audit,or have a designated third party audit,applicable records to ensure that the state has
been properly invoiced Any remedies and penalties allowed by law to recited!monies determined owed will he 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 fur
at least three(3)years following grain in loan temtination or dispute resolution hereunder.
RECIPIENT shall provide right of access in ECOI OCiY.or any other authorized representative.at all reasonable times,in
order to monitor and evaluate performance.compliance,and any other conditions under this Agreement.
23, RECOVERY OF l'1:NDS
The right of the RECIPIENT to retain monies received as reimbursement payments is eoulingent upon satisfactory performance
ol'this Agreement and completion of the work described in the Scope of Work
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY.and any unauthorized cxpcnditurc(s)ur
unallowable cost charged to this Agreement shall be refunded to FCOLfXiY by the RECIPIENT
RECIPIENT shall refund to f:COI.00iY the full amount orally erroneous payment or overpayment under this Agreement.
RECIPIENT shall refund by cheek payable to 6CO1,0(iY the U11Wtl111 of any such reduction of payments ur repayments within
thirty(30)days ora written notice Interest will accrue at the rale nl-twelve percent I I24u)per year from the time ECOLOGY
demands repayment of fun&
Any properly acquired under this Agreement.at the option of ECOLOGY,may become ECOl,O(iY's property and the
RF:Cll'IEN is liability to repay monies will he reduced by an amount reflecting the fair value of such property.
24. SEVERAHILli V
li arty provision(Wilds Agreement or any provision of any document incorporated by rereteetce shall he held invalid.such
invalidity-shall not affect the other provisions adds Agreement which can he given add!withrntt mite invalid provision.and to
this end the provisions of this Agreement are declared to be severable.
25 STATE ENVIRONMEN1'Al.POLICY ACT(SEPA)
RECIPIEN I must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the Slate Environmental
Policy Act(Chaplet 43.21C RCW and Chapter 197.11 WAC)have been or will be met. Any reimbursements are subject to
this provision
20. SUSPENSION
When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause.suspend this Agreement on any
portion Memoirist.a temporary period by written notice from ECOLOGY to the RECIPIENT.REC IPIENI shall resume
performance on the next business day Following the suspcnsian period unless auothcu Jay is epeci tied by ECOLOGY.
27 SUSTAINABLE I'RACIICES
In order tar sustain Washington's natural resources and ecosystems.the RECIPIEN I is fully encouraged to implement
sustainable practices and to purchase environmentally imerenuble products under this Agreement
a) Sustainable practices may include such activities a t use of clean energy,use nit double-sited printing,hosting low impact
meetings,and setting up recycling and composting programs.
h) Purchasing may include such items as susntinahly produced products and:el!ices,EPL'Al registered computers and
Icn,n'I.le fr'F:nn m§Si 204
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90 73
Exhibit C - FbD Grant Agreement
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imaging equipment,independently certilicd green cleaning products,rennanufactured toner cartridges,produces with reduced
packaging,alive pruducls that arc refillable,rechargeable,and recyclable,I001lii post-consumer recycled palm,and toxic free
products.
For more suggestion..visit ECOI.O(iY's web page,Green Pui chasing.
hltps:7eculogy.wu.goviltegu Laliotw-Perm its/Guidance-technical-ass istince/Sustainable-purclIusinit.
2g. TERMINATION
a) For Cause
FCDI.CIGY my terminate fin cause this Agreement with a seven(7)calendar days prior written notification to the
RECIPIENT.al the sole discretion ol'ECOLOGY,for failing to perform all Agreement requirement ur fora material breach of
any tern or condition If ibis 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 elTeetive date of tennfnation
Failure to Commence Work ECOLOGY reserves the riahl to terminate This Agreement if RECIPIENT fail,to commence work
on the project funded within four(4)months diet the cflcctis a date add:,Agreement.or by arty date mutually agreed upoii in
writing for commencement of work,or the time period delined within the Scope ul'Work.
Nun•Perfonnance 1 he obligation ofECOI.00Y to the RECIPIENT is contingent upon satiseactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion all
ECOLOGY,to perform any obligation required of it by this Agreement.ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement,and exercise any other rights under this Agreement.
Despite the above,the RECII'.IFN Is shall not he relieved of any liability to ECOLOGY for damages sustained by ECOI OQ'i
and the Slate of Washington bceausc of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount ofdamages due ECOLOGY from the RECIPIENt is
determined
b) For Convenience
ECOLOGY may terminate for convenience this Agreement,in whole or in part.for any reason when it is the best interes-t of
ECOLOGY,with a thirty(30)calendar days prior written notification to die RECIPIENT.except as noted below. If this
Agreement is sn terminated.die parties shall be liable only for performance rendered nr costs incurred in accordance with the
tarots of this Agreement prior to the effective date of-termination.
Non-Allocation of Funds EC.01()Ors ability to make payments is contingent on asaifahility alluding In the event funding
loom state,federal or tither sources is withdrawn,reduced,of limited in any way after the effective date and prior hi the
completion or expiration date of this Agreement,ECOLOGY,OGY,at its solo discretion,may elect Eo terminate the Agreement,in
whole or part or renegotiate the Agreement.subject to new funding limitations or conditions. [COI OC'r1'may also elect In
suspend performance of the Agreement until l'COLOGY determines the funding insufficiency 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 of tennit/anon or suspension.ECOLOGY will reimburse eligible costs incurred by the RFCIPIEN I through the
ettective date of termination or suspension Reimbursed costs oust he agreed to by F('OI.OGY and the RECIPIENT.In nu
esentshell E('OLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments
If payments have been discontinued by F.C'OI.O(IY due to unavailable funds,the RE('IPIEN I shall not he obligated to repay
monies which had been paid to the RECIPII•:N I prior to such termination
RECII'INN'I"s obligation In continue or complete the work described in this Agreement shall be contingent upon availability ol
funds by the REC'IPIEN Cs governing body.
c) By Mutual Agreement
I anal ik Vri+n m I Ili pia]0I:
DocuSign Envelope ID:6CE58676-0DCB-4E79-91C5-9D4BFDB7FD90
74
Exhibit C - FbD Grant Agreement
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Pruirci Tole Nach:.•Cmslche Nob.*I eccc I allow::io J ui a11m wP Nammg
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ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part.at any time.by mutual written agreement
di In Event of Termination
All finished or unfinished documents,data studies.surveys.drawings.maps.models,photographs,reports nr other materials
prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY.will become property of ECOLOGY and the
REC IPIEN I shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials
Nothing construed herein shall preclude ECOLOGY from demanding repayment nl all funds paid to the RECIPIENT in
accordance with Recovery of Pains.identified herein
29. TIIIRU PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by die RECIPIENT pursuant to this Agreement.the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
3u. WAIVER
Waiver of a default or breach of any provision(Willis Agreement is not a waiver ui any subsequent default or breach,and will
not be construed as a muditicatiun of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOI Ot1Y.
rc•npioae�i•GIPr,is 31 r_`eI