HomeMy WebLinkAbout3274 RESOLUTION NO. 3274
A RESOLUTION of the City Council of the City of
Bremerton, Washington authorizing submitting an application for
grant funding assistance for Northlake Way Preliminary Design, a
salmon recovery project, to the Salmon Recovery Funding Board. ,
WHEREAS, authorization is needed for submitting an application for grant funding
assistance for Northlake Way Preliminary Design, a salmon recovery project, to the Salmon
Recovery Funding Board, as provided in RCW 77.85, WAC 420 and subsequent Legislative action;
and
WHEREAS, under the provisions of the Salmon Recovery Act, state grant assistance
is requested to aid in financing the cost of restoration design; and
WHEREAS, our organization considers it in the best public interest to complete the
project described in the application;NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON,WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Mayor is authorized to make formal application to the Salmon
Recovery Funding Board for grant assistance.
SECTION2. Our organization has reviewed the sample project agreement on the
Recreation and Conservation Office's web site at: http://www.rco.wa.�ov/documents/
manuals&forms/SampleProjA�eement.pdf(Exhibit A) and authorize the Mayor to enter into such a
project agreement, if funding is awarded. We understand and acknowledge that the project
agreement will contain the indemnification(applicable to any sponsor) and waiver of sovereign
immunity(applicable to Tribes) and other terms and conditions that are contained in the sample
project agreement.
SECTION 3. Any grant assistance received will be used for direct costs associated
with implementation of the project referenced above, the Evergreen Park Nearshore Restoration
Design proj ect.
SECTION 4. Our organization expects our matching share of project funding will be
derived from Stormwater Utility fund 484 and meets the requirements of WAC 420-12-040. In
addition, our organization understands it is responsible for supporting all non cash commitments to
this project should they not materialize.
SECTION S. We acknowledge that if the Salmon Recovery Funding Board
approves grant assistance for the project, the Recreation and Conservation Office will pay us on
only a reimbursement basis, except for a specially approved advance payment. We understand
reimbursement basis means that we will only request payment from the Recreation and
1
Northlake Way Preliminary Design
Conservation Office after we incur eligible and allowable costs and pay them. The Recreation and
Conservation Office may also determine an amount of retainage and hold that amount until the
project is complete. The Recreation and Conservation Office may approve advance payments in
limited circumstances, pursuant to WAC 420-12-060 and the policy outlined in Manual8,
Reimbursements, located online at http://www.rco.wa.gov/documents/manuals&forms/manual 8-
reimbursement.pdf.
SECTION 6. We acknowledge that any property restored be maintained for a period
of ten years after the project is complete unless otherwise provided and agreed to by our
organization and the Salmon Recovery Funding Board.
SECTION 7. This application authorization becomes part of a formal application to
the Salmon Recovery Funding Boac•d for grant assistance.
SECTION 8. We provided appropriate opportunity for public comment on this
application.
SECTION 9. We certify that this Resolution was properly and lawfully adopted
following the requirements of our organization and applicable laws and policies and that the person
signing as authorized representative is duly authorized to do so.
SECTION l0. Sei�erabiliry. If any one or more sections, subsections, or sentences of
this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity
of the remaining portion of this Resolution and the same shall remain in full force and effect.
SECTION ll. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
1 PASSED by the City Council of the City of Brem rton,Washington this �
a-�
day of J , 2016.
.
ERIC YOiJ1V�� R, i President
APPROVED AS TO FORM: ATTEST:
.
���� ��� � .
. ROGER A. LUBOVICH, City Attorney SHANNON L. CORIN, City Clerk
2
Nort/:lake Way Prelimii:ary Design
� � Gx���3�� d�
Y.�j, VdASHINGiON STF.1E (Grant Program) Project Agreement
. . � Recreation and
Conseruation Qffice (Grant Program Account or Category)
Project Sponsor: Project Number:
Project Title: Approval Date:
A. PARTIES OF THE AGREEMENT
This project grant Agreement(Agreement)is entered into between the State of Washington by and through
the Recreation and Conservation Funding Board(RCFB or board)]or the[Salmon Recovery Funding Board
(SRFB or board) and the Recreation and Conservation Office, P.O. Box 40917, Olympia,Washington 98504-
0917 and [parent organization name if it exists][by and through the] [child organization name]Address, City,
State, Zip Code(sponsor)and shall be binding on the agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the[Account Name]of the
State of Washington. The grant is administered by the Recreation and Conservation Office(RCO)to the
sponsor for the project named above.
C. DESCRIPTION OF PROJECT
The project will........
D. PERIOD OF PERFORMANCE
The project reimbursement period shall begin on [Project Start Date]and end on [Project End
Date]. No expenditure made before or after this period is eligible for reimbursement unless incorporated by
written amendment into this Agreement or specifically provided for by RCFB and/or SRFB policy or WAC.
Requests for time extensions are to be made at least 60 days before the Agreement end date. If the request
is made after the Agreement end date, the time extension may be denied.
The sponsor has obligations beyond this period of performance as described in Section E.
E. ON-GOING OBLIGATION
For[acquisition, development, renovation and restoration projects]the project sponsor's on-going obligations
shall be in perpetuity and shall survive the completion/termination of this project Agreement unless otherwise
identified in the Agreement or as approved by the funding board. It is the intent of the funding board's
conversion policy(see section 23)that all lands acquired and or facilities and areas[developed, renovated, or
restoredJ with funding assistance remain in the public domain in perpetuity.
F. PROJECT FUNDING
- The total grant award provided by the funding board for this project shall not exceed fRCO totall The funding
board shall not pay any amount beyond that approved for grant funding of the project and within the funding
board's percentage as identified below. The sponsor shall be responsible for all total project costs that
exceed this amount. The contribution by the sponsor toward work on this project at a minimum shall be as
indicated below:
Percentage Dollar Amount
[Grant Program-account-category]
Project Sponsor
Total Project Cost 100
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments,
as now existing or hereafter amended, including the sponsor's application, project summary, eligible
reimbursement activities report, project milestones, and the Standard Terms and Conditions of the project
Agreement, all of which are incorporated herein.
Except as provided herein, no amendmenUdeletions of any of the terms or conditions of this Agreement will
be effective unless provided in writing. All such amendmenUdeletions must be signed by both parties except
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the RCO director may unilaterally make amendments to extend the period of performance. Period of
performance extensions need only be signed by RCO's director or designee.
H. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND RCFB-SRFB POLICIES
This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and
regulations, including Chapter[REVISED CODE OF WASHINGTON SECTION(S)] RCW, [Chapter 286 WAC or
Chapter 420 WAC], and published agency policies,which are incorporated herein by this reference as if fully
set forth.
I. SPECIAL CONDITIONS
J. FEDERAL FUND INFORMATION
A portion or a!/of the funds for this project are provided fhrough the following federal funding source.
Federal Agency:
Catalog of Federal Domestic Assistance:
Federal Award Number: Federal Fiscal Year:
If the sponsor's total federal expenditures are $500,000 or more during the sponsors fiscal-year, the sponsor
is required to have a federal single audit conducted for that year in compliance with O�ce of Management
and Budget Circular A-133. A copy of the final audit report must be provided to RCO within nine months of
the end of the sponsor's fiscal year, unless a longer period is agreed to in advance by the cognizant or
oversight agency.
Failure to provide required A-133 audits will lead to a suspension of payments and may lead fo a suspension
of RCO Agreements.
K. PROJECT GRANT AGREEMENT REPRESENTATIVE
All written communications and notices under this Agreement will be addressed and sent to at least the mail
address or the email address listed below if not both:
Proiect Contact RCFB-SRFB
Name: Recreation and Conservation Office
� Title: � Natural Resources Building
Address: PO Box 40917
E-mail Address Olympia,Washington 98504-0917
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIRE AGREEMENT
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No
other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
M. EFFECTIVE DATE
This Agreement,for project(Number], shall be subject to the written approval of the RCO's authorized
representative and shall not be effective and binding until executed by both the Sponsor and the RCO.
Reimbursements for eligible and allowable costs incurred within the period of performance identified in
Section D above are allowed only when this Agreement is fully executed and an original is received by RCO.
The sponsor/s has read,fully understands, and agrees to be bound by all terms and conditions as set forth in
this Agreement.The signators listed below represent and warrant their authority to bind the parties to this
Agreement.
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Project Sponsor
By: Date:
Name: (printed)
Title:
State of Washington
On behalf of the [Recreation and Conservation Funding Board or Salmon Recovery Funding Board]
By: Date:
[RCO DIRECTOR NAME]
Director, Recreation and Conservation Office
Pre-approved as to form:
sY: /s/ Date:�_June 7, 2013
Assistant Attorney General
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;;:,r IHAS}����GiON STATE Standard Terms and Conditions
�- Recreation and
_r i�► Conservation Office of the Project Agreement
Project Sponsor: Project Number:
Project Title: Approval Date:
SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the current version at the date of project
Agreement and/or any revisions in the future.
B. Headings used in this Agreement are for reference purposes only and shall not be considered a
substantive part of this Agreement.
C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth
below:
acquisition—The purchase of fee or less than fee interests in real property. These interests include,
but are not limited to, conservation easements, access/trail easements, covenants,water rights,
leases, and mineral rights.
Agreement—The accord accepted by all parties to the present transaction; this Agreement, any
supplemental Agreements, any amendments to this Agreement and any intergovernmental
Agreements.
applicant—Any agency or organization that meets the qualifying standards, including deadlines,for
submission of an application soliciting a grant of funds from the funding Board.
application—The documents and other materials that an applicant submits to the RCO to support
the applicant's request for grant funds;this includes materials required for the"Application" in the
RCO's automated project information system, and other documents as noted on the application
checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts.
asset—Equipment purchased by the sponsor or acquired or transferred to the sponsor for the
purpose of this Agreement. This definition is restricted to non-fixed assets, including but not limited to
vehicles, computers or machinery.
cognizant or oversight agency—Federal agency responsible for ensuring compliance with federal
audit requirements.
contractor—Shall mean one not in the employment of the sponsor who is perForming all or part of
the eligible activities for this project under a separate Agreement with the sponsor. The term
"contractor"and "contractors"means contractor(s)in any tier.
development—The construction of or work resulting in new elements, including but not limited to
structures, facilities, and/or materials to enhance outdoor recreation, salmon recovery or habitat
conservation resources.
director—The chief executive officer of the Recreation and Conservation Office or that person's
designee.
elements, items and work types—Components of the funded project as provided in the project
description.
funding board—The board that authorized the funds in this Agreement, either the Recreation and
Conservation Funding Board(RCFB)created under chapter 79A.25.110 RCW, or the Salmon
Recovery Funding Board(SRFB)created under chapter 77.85.110 RCW.
grantee The organizational entity or individual to which a grant(or cooperative agreement)is
awarded and signatory to the Agreement which is responsible and accountable both for the use of the
funds provided and for the performance of the grant-supported project or activities.
landowner agreement—A landowner agreement is required between a SRFB and/or RTP project
sponsor and landowner for projects located on land not owned, or otherwise controlled, by the
sponsor.
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lower tier participant—refers to any sponsor receiving a federal grant through RCO. Lower tier
participants also refer to any grantee, subgrantee, or contractor of any grantee or subgrantee from
the original sponsor funded by RCO.
milestone—An important event with a defined deadline for an activity related to implementation of a
funded project.
period of perFormance—The time period specified in the Agreement, under Section D, period of
performance.
post evaluation summary—One of the documents used to summarize and describe the actions
undertaken in the Agreement.
project—The undertaking that is the subject of this Agreement and that is, or may be, funded in
whole or in part with funds administered by RCO on behalf of the funding board.
RCO—Recreation and Conservation OfFice-The state office that provides administrative support
to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board. RCO
includes the director and staff, created by Chapters 79A.25.110 and 79A.25.150 RCW and charged
with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW.
reimbursement—Payment of eligible and allowable costs that have already been paid by the
sponsor per the terms of the Agreement.
renovation- The activities intended to improve an existing site or structure in order to increase its
service life or functions. This does not include maintenance activities.
restoration—Bringing a site back to its original function as part of a natural ecosystem or improving
the ecological functionality of a site.
RTP-Recreational Trails Program—A federal grant program administered by RCO that allows for
the development and maintenance of backcountry trails.
secondary sponsor-one of two or more eligible organizations that sponsors a grant-funded project.
Of these two sponsors, only one—the primary sponsor—may be the fiscal agent.
sponsor—The eligible applicant who has been awarded a grant of funds and is bound by this
executed Agreement; includes its officers, employees, agents and successors.
subgrantee—the government or other legal entity to which a subgrant is awarded and which is
accountable to the grantee for the use of the funds provided.
SECTION 2. PERFORMANCE BY THE SPONSOR
The sponsor and secondary sponsor where applicable, shall undertake the project as described in this
Agreement, post evaluation summary, the sponsor's application, and in accordance with the sponsor's
proposed goals and objectives described in the application or documents submitted with the application,
all as finally approved by the funding board. All submitted documents are incorporated by this reference
as if fully set forth herein.The Order of Precedence is covered in Section 31.
Timely completion of the project and submission of required documents, including progress and final
reports, is important. Failure to meet critical milestones or complete the project, as set out in this
Agreement, is a material breach of the Agreement.
SECTION 3. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the sponsor without prior written consent of the Recreation and Conservation Office.
SECTION 4. RESPONSIBILITY FOR PROJECT
While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to
this Agreement,the project itself remains the sole responsibility of the sponsor. The funding board
undertakes no responsibilities to the sponsor, a secondary sponsor, or to any third party, other than as is
expressly set out in this Agreement,The responsibility for the implementation of the project is solely that
of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any
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way to the project. When a project is sponsored by more than one entity, any and all sponsors are
equally responsible for the project and all post-completion stewardship responsibilities.
SECTION 5. INDEMNIFICATION
The sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all
claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors,
omissions or negligence of, or the breach of any obligation under this Agreement by, the sponsor or the
sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the
sponsor may be legally liable.
Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold
harmless the State from claims, demands or suits based solely upon the negligence of, or breach of any
obligation under this Agreement by the State, its agents, officers, employees, subcontractors or vendors,
of any tier, or any other persons for whom the State may be legally liable.
Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)
the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other
persons for whom the Sponsor is legally liable, and(b)the State its agents, officers, employees ,
subcontractors and or vendors, of any tier, or any other persons for whom the State may be legally liable,
the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or
the negligence of the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other
persons for whom the sponsor may be legally liable.
This provision shall be included in any Agreement between sponsor and any subcontractor and vendor, of
any tier.
The sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless
from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or
copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions by the sponsor or the sponsor's agents,
employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be
legally liable, in performance of the Work under this Agreement or arising out of any use in connection
with the Agreement of inethods, processes, designs, information or other items fumished or
communicated to State, its agents, officers and employees pursuant to the Agreement; provided that this
indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper
appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions resulting from State's, its agents', officers'and employees' failure to comply with specific
written instructions regarding use provided to State, its agents, officers and employees by the sponsor, its
agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor
may be legally liable.
The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees
or its agents against the State and, solely for the purpose of this indemnification and defense, the sponsor
specifically waives any immunity under the state industrial insurance law, Title 51 RCW.
The RCO is included within the term State, as are all other agencies, departments, boards, or other
entities of state government.
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The sponsor and its employees or agents performing under this Agreement are not officers, employees or
agents of the funding board or RCO.The sponsor will not hold itself out as nor claim to be an officer,
employee or agent of RCO, a funding board or of the state of Washington, nor will the sponsor make any
claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B RCW.
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The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of
any kind required by federal, state, and/or local laws.
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole
discretion, by written notice to the sponsor terminate this Agreement if it is found after due notice and
examination by RCO that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the sponsor in the procurement of, or performance under, this Agreement.
In the event this Agreement is terminated as provided above, RCO shall be entitled to pursue the same
remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the
sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in
addition to any other rights and remedies provided by law.
SECTION 8. ACKNOWLEDGMENT AND SIGNS
A. Publications. The sponsor shall include language which acknowledges the funding contribution of the
applicable grant program to this project in any release or other publication developed or modified for,
or referring to, the project during the project period and in the future.
B. Signs. The sponsor also shall post signs or other appropriate media during the project period and in
the future at project entrances and other locations on the project which acknowledge the applicable
grant program's funding contribution, unless exempted in funding board policy or waived by the
director.
C. Ceremonies.The sponsor shall notify RCO no later than finro weeks before a dedication ceremony for •
. this project. The sponsor shall verbally acknowledge the applicable grant program's funding
contribution at all dedication ceremonies.
D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid
solicitations, and other documents describing a project funded in whole or in part with federal money
provided for in this grant, sponsors shall clearly state:
1. The percentage of the total costs of the project that is financed with federal money;
2. The dollar amount of federal funds for the project; and
3. The percentage and dollar amount of the total costs of the project that is financed by
nongovernmental sources.
SECTION 9. COMPLIANCE WITH APPLICABLE LAW
The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws,
regulations and RCO and funding board policies regardless of whether the sponsor is a public or non-
public organization.
The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all
applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to: State .
Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits(shoreline,
Hydraulics Project Approval, demolition); land use regulations(critical areas ordinances, Growth
Management Act);federal and state safety and health regulations(Occupational Safety and Health
Administration/Washington Industrial Safety and Health Act); and Buy American Act.
Endangered Species
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the
sponsor shall not commence with clearing of riparian trees or in-water work unless either the sponsor has
complied with 50 CFR 223.203(b)(8), limit 8 or until an Endangered Species Act consultation is finalized
in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be
• grounds for terminating this project Agreement. This section shall not be the basis for any enforcement
responsibility by RCO.
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Nondiscrimination Laws
The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or
policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age
Discrimination Act. In the event of the sponsor's noncompliance or refusal to comply with any
nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in
part, and the sponsor may be declared ineligible for further grant awards from the funding board. The
sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with
applicable law.
Wages and Job Safety
The sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and
the State of Washington which affect wages and job safety. The sponsor agrees when state prevailing
wage laws(RCW 39.12)are applicable, to comply with such laws, to pay the prevailing rate of wage to all
workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a
statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries
as required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the Davis-
Bacon Act, and other federal laws, and the rules and regulations of the Washington State Department of
Labor and Industries.
Archaeological and Cultural Resources
The RCO reviews all applicable projects for potential impacts to archaeological sites and state cultural
resources. The sponsor must comply with Executive Order 05-05 or the National Historic Preservation
Act before initiating ground disturbing activity. The funding board requires documented compliance with
Executive Order 05-05 or Section 106 of the National Historic Preservation Act,whichever is applicable to
the project. If a federal agency declines to consult,the sponsor shall comply with the requirements of
Executive Order 05-05. In the event that archaeological or historic materials are discovered during
project activities,work in the location of discovery and immediate vicinity must stop instantly, the area
must be secured, and notification must be provided to the following: concerned Tribes' cultural staff and
cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. If human
remains are discovered during project activity, work in the location of discovery and immediate vicinity
must stop instantly, the area must be secured, and notification provided to the concerned Tribe's cultural
staff and cultural committee, RCO, State Department of Archaeology, the coroner and local law
enforcement in the most expeditious manner possible according to RCW 68.50.
Restrictions on Grant Use
No part of any funds provided under this grant shall be used, other than for normal and recognized
executive-legislative relationships,for publicity or propaganda purposes, or for the preparation,
distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation
designed to support or defeat legislation pending before the U.S. Congress or any state legislature.
No part of any funds provided under this grant shall be used to pay the salary or expenses of any
sponsor, or agent acting for such sponsor, related to any activity designed to influence legislation or
appropriations pending before the U.S. Congress or any state legislature.
SECTION 10. HAZARDOUS SUBSTANCES
A. Certification.The sponsor shall inspect, investigate, and conduct an environmental audit of the
proposed acquisition site for the presence of hazardous substances, as defined in Chapter
70.105D.020(10) RCW, and certify:
1. No hazardous substances were found on the site, or
2. Any hazardous substances found have been treated and/or disposed of in compliance with
applicable state and federal laws, and the site deemed"clean."
B. Responsibility. Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous
substances as set forth in Chapter 70.105D RCW.
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C. Hold Harmless. The sponsor will defend, protect and hold harmless RCO and any and all of its
employees and/or agents,from and against any and all liability, cost(including but not limited to all
costs of defense and attorneys'fees)and any and all loss of any nature from any and all claims or
suits resulting from the presence of, or the release or threatened release of, hazardous substances
on the property the sponsor is acquiring.
SECTION 11. RECORDS
A. Maintenance. The sponsor shall maintain books, records, documents, data and other evidence '
relating to this Agreement and performance of the services described herein, including but not limited
to accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of this Agreement. Sponsor shall retain such
records for a period of six years from the date RCO deems the project complete , as defined in
Section 17(C)below. If any litigation, claim or audit is started before the expiration of the six(6)
year period, the records shall be retained until all litigation, claims, or audit findings involving the
records have been resolved.
B. Access to records and data. At no additional cost, the records relating to the Agreement, including
materials generated under the Agreement, shall be subject at all reasonable times to inspection,
review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and
federal and state officials so authorized by law, regulation or Agreement. This includes access to all
� information that supports the costs submitted for payment under the grant and all findings,
conclusions, and recommendations of the sponsor's reports, including computer models and
methodology for those models.
C. Public Records. Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and
that this Agreement and any records sponsor submits or has submitted to the State shall be a public
record as defined in chapter 42.56 RCW. Additionally, in compliance with RCW 77.85.130(8),
sponsor agrees to disclose any information in regards to expenditure of any funding received from the
SRFB. By submitting any record to the state sponsor understands that the State may be requested to
disclose or copy that record under the state public records law, currently codified at RCW 42.56. The
sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose
and copy such document to respond to a request under state public records laws. The Sponsor
hereby agrees to release the State from any claims arising out of allowing such review or copying
pursuant to a public records act request, and to indemnify against any claims arising from allowing
such review or copying and pay the reasonable cost of state's defense of such claims.
SECTION 12. TREATMENT OF ASSETS
A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant
program.When the sponsor discontinues use of the asset(s)for the purpose for which it was funded,
RCO will require the sponsor to deliver the asset(s)to RCO, dispose of the asset according to RCO
policies, or return the fair market value of the asset(s)to RCO. Assets shall be used only for the
purpose of this Agreement, unless otherwise provided herein or approved by RCO in writing.
B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence
of the sponsor or which results from the failure on the part of the sponsor to maintain and administer
that asset in accordance with sound management practices.
SECTION 13. RIGHT OF INSPECTION
The sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other
authorized agent or official of the state of Washington or the federal government, at all reasonable times,
in order to monitor and evaluate performance, compliance, and/or quality assurance under this
Agreement.
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If a landowner agreement or other form of control and tenure has been executed, it will further stipulate
and define the funding board and RCO's right to inspect and access lands acquired or developed with
funding board assistance.
SECTION 14. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved
by the funding boards or RCO. Sponsor further agrees to utilize, where applicable and financially feasible,
any monitoring protocols recommended by the funding board.
SECTION 15. DEBARMENT CERTIFICATION
A. For Federally Funded Projects
By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any
other lower tier participant are presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in this transaction by any Federal department or
agency. Further, the sponsor agrees not to enter into any arrangements or contracts related to this
Agreement with any party that is on the Office of Inspector General Suspension and Debarment List
at http://www.gsaig.govlindex.cfm?LinkServID=C4C89080-D26E-D29A-96355D44A13E4356
The sponsor(prospective lower tier participant)shall provide immediate written notice to RCO if at
any time the prospective lower tier participant learns that the above certification was not correct when
submitted or has become erroneous by reason of changed circumstances.
B. For State Funded Projects
By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any
other lower tier participant are presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and
Industries. Further, the sponsor agrees not to enter into any arrangements or contracts related to this
Agreement with any party that is on the"Contractors not Allowed to Bid on Public Works Projects" list
at www.Ini.wa.aovlTradesLicensinq/PrevWaae/Awardin4Aqencies/DebarredContractors/
SECTION 16. PROJECT FUNDING
A. Additional Amounts. The funding board shall not be obligated to pay any amount beyond the dollar
amount as identified in this Agreement, unless an additional amount has been approved in advance
by the funding board or director and incorporated by written amendment into this Agreement.
B. Before the Agreement. No expenditure made, or obligation incurred, by the sponsor before the project
start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by
funding board policy, such as a waiver of retroactivity or program specific eligible pre-Agreement
costs. For reimbursements of such costs, this Agreement must be fully executed and an original
received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to
exclude any such expenditure from reimbursement.
C. After the period of performance. No expenditure made, or obligation incurred,following the period of
performance shall be eligible, in whole or in part,for grant funds hereunder. In addition to any remedy
the funding board may have under this Agreement, the grant amounts identified in this Agreement
shall be reduced to exclude any such expenditure from participation.
SECTION 17. PROJECT REIMBURSEMENTS
A. This contract is administered on a reimbursement basis. The sponsors may only request
reimbursement after eligible and aHowable costs have already been paid by the sponsor and remitted
to their vendors. RCO will then reimburse the sponsor for those costs based upon RCO's percentage
as defined in Section F of the Project Agreement of the amount billed to RCO. RCO does not
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reimburse for donations which the sponsor may use as part of its percentage. All reimbursement
requests must include proper documentation of expenditures as required by RCO.
B. Compliance and Payment. The obligation of RCO to pay any amount(s)under this Agreement is
expressly conditioned on strict compliance with the terms of this Agreement by the sponsor.
C. Compliance and Retainage. RCO reserves the right to withhold disbursement of up to the final ten
percent(10%)of the total amount of the grant to the sponsor until the project has been completed. A
project is considered "complete"when:
1. All approved or required activities outlined in the Agreement are done;
2. On-site signs are in place(if applicable);
3. A final project report is submitted to and accepted by RCO;
4. Any other required documents are complete and submitted to RCO;
5. A final reimbursement request is submitted to RCO;
6. The completed project has been accepted by RCO;
7. Final amendments have been processed; and
8. Fiscal transactions are complete.
9. RCO has accepted a final boundary map, if required for the project,for which the Agreement
terms will apply in the future.
D. Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement
request at least quarterly. Sponsors are required to submit a reimbursement request to RCO, at a
minimum for each project at least once a year for reimbursable activities occurring between July 1
and June 30. Sponsors must refer to the most recently published/adopted RCO policies and
procedures regarding reimbursement requirements.
SECTION 18. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services to be provided under this Agreement are
limited to grants approved by the SRFB and must comply with SRFB policy. See WAC 420-12-060(5).
SECTION 19. RECOVERY OF PAYMENTS
In the event that the sponsor fails to expend funds under this Agreement in accordance with state and
federal laws, and/or the provisions of the Agreement, or meet its percentage of the project total, RCO
reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance
in addition to any other remedies available at law or in equity.
The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the
Agreement. Repayment by the sponsor of such funds under this recovery provision shall occur within 30
days of demand by RCO. Interest shall accrue at the rate of twelve percent(12%)per annum from the
time that payment becomes due and owing.
SECTION 20. COVENANT AGAINST CONTINGENT FEES
The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure
this Agreement on an Agreement or understanding for a commission, percentage, brokerage or
contingent fee, excepting bona fide employees or bona fide established agents maintained by the
sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this
clause by the sponsor,to terminate this Agreement without liability or, in its discretion, to deduct from the
Agreement grant amount or consideration or recover by other means the full amount of such commission,
percentage, brokerage or contingent fee.
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SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION,AND RESTORATION
PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for
development, renovation, and restoration of land or facilities for outdoor recreation, habitat conservation,
or salmon recovery:
A. Document Review and Approval. The sponsor agrees to submit one copy of all development,
renovation, restoration or construction plans and specifications to RCO for review prior to
implementation. Review and approval by RCO will be for compliance with the terms of this
Agreement.
B. Contracts for Development, Renovation, or Restoration. Sponsors must have a procurement process
that follows applicable state and/or required federal procurement principles. If no such process exists
the sponsor must follow these minimum procedures: (1)publish a notice to the public requesting
bids/proposals for the project(2)specify in the notice the date for submittal of bidslproposals(3)
specify in the notice the general procedure and criteria for selection; and (4)comply with the same
legal standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex-orientation
that are applicable to state agencies in selecting a bidder or proposer. This procedure creates no
rights for the benefit of third parties, including any proposers, and may not be enforced or subject to
review of any kind or manner by any other entity other than the RCO. Sponsors may be required to
certify to the RCO that they have followed any applicable state and/or federal procedures or the
above minimum procedure where state or federal procedures do not apply.
C. Contract Change Order. Only change orders that impact the amount of funding or changes to the
scope of the project as described to and approved by the funding board or RCO must receive prior
written approval.
D. Control and Tenure. The sponsor must provide documentation that shows appropriate tenure
(landowner agreement, long term lease, easement, or fee simple ownership)for the land proposed for
development, renovation, or restoration. The documentation must meet current RCO requirements.
E. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is
used, the sponsor shall insert the following nondiscrimination clause in each contract for construction
of this project:
"During the performance of this contract, the contractor agrees to comply
with all federal and state nondiscrimination laws, regulations and policies."
F. Use of Best Management Practices. Project sponsors are encouraged to use best management
practices developed as part of the Washington State Aquatic Habitat Guidelines(AHG)Program. The
best management practices are described in three documents: "Stream Habitat Restoration
Guidelines: Final Draft", 2004; "Design of Road Culverts for Fish Passage", 2003; and"Integrated
Streambank Protection Guidelines", 2002. These documents and other information can be found on
the AHG website.
SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for the
acquisition of interest in real property(including easements)for outdoor recreation, habitat conservation,
or salmon recovery purposes:
A. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement,
the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights
acquired has been established according to funding board policy.
B. Evidence of Title.The sponsor agrees to provide documentation that shows the type of ownership
interest for the property that has been acquired. This shall be done before any payment of financial
assistance.
C. Legal Description of Real Property Rights Acquired. The legal description of the real property rights
purchased with funding assistance provided through this project Agreement(and protected by a
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recorded conveyance of rights to the State of Washington)shall be incorporated into the Agreement
before final payment.
D. Conveyance of Rights to the State of Washington. Document securing long-term rights for the State
of Washington. When real property rights(both fee simple and lesser interests)are acquired, the
sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to
RCO, on behalf of the State of Washington. These documents include a Deed of Right,Assignment
of Rights, Easements and/or Leases. The sponsor agrees to use document language provided by
RCO, to record the executed document in the County where the real property lies, and to provide a
copy of the recorded document to RCO.The document required will vary depending on the project
type, the real property rights being acquired and whether or not those rights are being acquired in
perpetuity
1. 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.
Sponsors shall use this document when acquiring real property rights that include the underlying
land. This document may also be applicable for those easements where the sponsor has
acquired a perpetual easement for public purposes.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as
access and enforcement to RCO. Sponsors shall use this document when an easement or lease
is being acquired for habitat conservation or salmon recovery purposes. The Assignment of
Rights requires the signature of the underlying landowner and must be incorporated by reference
in the easement document. �
3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right
or Assignment of Rights directly into the easement or lease document,thereby eliminating the
requirement for a separate document. Language will depend on the situation; sponsor must
obtain RCO approval on the draft language prior to executing the easement or lease.
E. Real Property Acquisition and Relocation Assistance
1. When federal funds are part of this Agreement,the Sponsor agrees to comply with the terms and
conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, 84 Stat. 1894(1970)--Public Law 91-646, as amended by the Surface Transportation and
Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures
of the federal agency implementing that Act.
2. When state funds are part of this Agreement, the sponsor agrees to comply with the terms and
conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State
of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal
law set out in subsection(1)above and/or state law set out in subsection(2)above, are involved
in the execution of this project, the sponsor agrees to provide any housing and relocation
assistance required.
F. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat
conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures.
Sponsors must consult RCO regarding compliance with section 9—Archaeological and Cultural
Resources before structures are removed or demolished.
SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO
OTHER USES
The sponsor shall not at any time convert any real property or facility acquired, developed, renovated,
and/or restored pursuant to this Agreement to uses other than those purposes for which funds were
approved without prior approval of the funding board in compliance with applicable statutes, rules, and
funding board policies. It is the intent of the funding board's conversion policy, current or as amended in
the future, that all real property or facilities acquired, developed, renovated, andlor restored with funding
assistance remain in the public domain in perpetuity unless otherwise identified in the Agreement or as
.
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approved by the funding board. Determination of whether a conversion has occurred shall be based
upon applicable law and RCFB/SRFB policies.
For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration,
renovation or development project or easement, this restriction on conversion shall apply only for the
length of the term, unless otherwise provided in written documents or required by applicable state or
federal law. In such case, the restriction applies to such projects for the length of the term specified by
the lease, easement, deed, or landowner agreement.
When a conversion has been determined to have occurred, the sponsor is required to remedy the
conversion per established funding board policies.
SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED
PROJECTS
For acquisition, development, renovation, and restoration projects, sponsors must ensure that properties
or facilities assisted with funding board funds, including undeveloped sites, are built, operated, used, and
maintained:
A. According to applicable federal, state, and local laws and regulations, including public health
standards and building codes.
B. In a reasonably safe condition for the project's intended use.
C. Throughout its estimated life so as to prevent undue deterioration.
D. In compliance with all federal and state nondiscrimination laws, regulations and policies.
For acquisition, development, renovation and restoration projects, facilities open and accessible to the
general public must:
A. Be constructed and maintained to meet or exceed the minimum requirements of the most current
local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules,including but not
limited to:the International Building Code,the Americans with Disabilities Act, and the Architectural
Barriers Act, as updated.
B. Appear attractive and inviting to the public except for brief installation, construction, or maintenance
periods.
C. Be available for use by the general public without reservation at reasonable hours and times of the
year, according to the type of area or facility.
SECTION 25. INCOME AND INCOME USE
A. Income.
1. Compatible source. The source of any income generated in a funded project or project area must
be compatible with the funding source and the Agreement.
2. Fees. User and/or other fees may be charged in connection with land acquired or facilities
developed with funding board grants if the fees are consistent with the:
(a) Value of any service(s)furnished;
(b) Value of any opportunities furnished; and
(c) Prevailing range of public fees in the state for the activity involved.
Excepted are Firearms and Archery Range Recreation Program safety classes(firearm and/or
hunter)for which a facility/range fee must not be charged (Chapter 79A.25.210 RCW).
B. Income use. Regardless of whether income or fees in a project work site(including entrance, utility
corridor permit, cattle grazing, timber harvesting, farming, etc.)are gained during or after the
reimbursement period cited in the Agreement, unless precluded by state or federal law, the revenue
may only be used to offset:
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1. The sponsor's matching funds;
2. The projecYs total cost;
3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or
program assisted by the funding board grant;
4. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar
units in the sponsor's system; and/or
5. Capital expenses for similar acquisition and/or development and renovation.
SECTION 26. PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence
(including preferential reservation, membership, and/or permit systems)except that reasonable
differences in admission and other fees may be maintained on the basis of residence. Even so,the
funding board discourages the imposition of differential fees. Fees for nonresidents must not exceed
finrice the fee imposed on residents. Where there is no fee for residents but a fee is charged to
nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at
comparable state or local public facilities.
SECTION 27. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS
A corporate sponsor, including any nonprofit sponsor, shall:
A. Maintain corporate status with the state, including registering with the Washington Secretary of
State's office, throughout the sponsor's obligation to the project as identified in the Agreement.
B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a
qualified successor that will agree in writing to assume any on-going project responsibilities. A
qualified successor is any party eligible to apply for funds in the subject grant program and capable of
complying with the terms and conditions of this Agreement. RCO will process an amendment
transferring the sponsor's obligation to the qualified successor if requirements are met.
C. Sites or facilities open to the public may not require exclusive use, (e.g., members only).
SECTION 28. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE
SPOiVSORS
A. The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other
addition,to liability insurance it may currently carry, or shall procure a new policy of liability insurance,
in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay
successful claims of persons who may be killed or injured, or suffer damage to property, while
present at the range facility to which this grant is related, or by reason of being in the vicinity of that
facility; provided that the coverage shall be at least one million dollars($1,000,000)for the death of,
or injury to, each person.
B. The liability insurance policy, including any endorsement or addition, shall name Washington State,
the funding board, and RCO as additional insured and shall be in a form approved by the funding
board or director.
C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the
requirements of this section, shall be kept in force throughout the sponsor's obligation to the project
as identified in this Agreement.
D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company
shall give written notice to RCO not less than thirty(30)calendar days in advance of any cancellation
of the policy by the insurer, and within ten (10)calendar days following any termination of the policy
by the sponsor.
E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or
municipal government which has established a program of self-insurance or a policy of self-insurance
with respect to claims arising from its facilities or activities generally, including such facilities as
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firearms or archery ranges, when the applicant declares and describes that program or policy as a
part of its application to the funding board.
F. By this requirement,the funding board and RCO does not assume any duty to any individual person
with respect to death, injury, or damage to property which that person may suffer while present at, or
in the vicinity of, the facility to which this grant relates.Any such person, or any other person making
claims based on such death, injury, or damage, must look to the sponsor, or others,for any and all
remedies that may be available by law.
SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE
If the project has been approved by the National Park Service, US Department of the Interior,for funding
assistance from the federal Land and Water Conservation Fund (LWCF), the"Project Agreement General
Provisions" in the LWCF State Assistance Program Federal Financial Assistance Manual are also made
part of this Agreement. The sponsor shall abide by these LWCF General Provisions, in addition to this
Agreement, as they now exist or are hereafter amended. Further, the sponsor agrees to provide RCO
with reports or documents needed to meet the requirements of the LWCF General Provisions.
SECTION 30. FARMLAND PRESERVATION ACCOUNT
For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation
Account, the following sections will not apply if covered separately in a recorded RCO approved
Agricultural Conservation Easement.
• Section 8-Acknowledgement and Signs
• Section 10-Hazardous Substances
• Section 14-Stewardship and Monitoring .
• Section 22—Provisions applying to Acquisition Projects, Sub-sections F and G
• Section 23—Restriction on Conversion of Real Property and/or Facilities to Other Uses,
• Section 24—Construction, Operation and Maintenance of Assisted Projects Sub-sections E, F, G
and
• Section 25- Income and Income Use.
SECTION 31. ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and
state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of
an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or
policy or procedure, the inconsistency shall be resolved by giving precedence in the following order:
A. Applicable federal and/or state statutes, regulations, policies and procedures including RCO/funding
board policies and procedures, applicable federal Office of Management and Budget(OMB)circulars
and federal and state executive orders;
B. Project Agreement including attachments;
C. Special Conditions;
D. Standard Terms and Conditions of the Project Agreement.
SECTION 32. AMENDMENTS
Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to
bind each of the parties except period of performance extensions and minor scope adjustments need only
be signed by RCO's director or designee.
SECTION 33. LIMITATION OF AUTHORITY
Only RCO or RCO's delegate by writing(delegation to be made prior to action)shall have the express,
implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement.
Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this
Agreement is not effective or binding unless made in writing and signed by RCO.
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SECTION 34. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of
any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach
and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in
writing, signed by the director, or the director's designee, and attached to the original Agreement.
SECTION 35. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY
OR BREACH
The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility
for, selection for, and scope of,funding grants.Any misrepresentation, error or inaccuracy in any part of
the application may be deemed a breach of this Agreement.
SECTION 36. SPECIFIC PERFORMANCE.
The funding board and RCO may enforce this Agreement by the remedy of specific performance,which
usually will mean completion of the project as described in this Agreement. However, the remedy of
specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to
the funding board or RCO shall be deemed exclusive. The funding board or RCO may elect to exercise
any, a combination of, or all of the remedies available to it under this Agreement, or under any provision
of law, common law, or equity.
SECTION 37. TERMINATION
The funding board and RCO will require strict compliance by the sponsor with all the terms of this
Agreement including, but not limited to, the requirements of the applicable statutes, rules and all funding
board and RCO policies, and with the representations of the sponsor in its application for a grant as finally
approved by the funding board
A. For Cause. The funding board or the director may suspend or terminate the obligation to provide
funding to the sponsor under this Agreement:
i. In the event of any breach by the sponsor of any of the sponsor's obligations under this
Agreement; or
ii. If the sponsor fails to make progress satisfactory to the funding board or director toward
completion of the project by the completion date set out in this Agreement. Included in
progress is adherence to milestones and other defined deadlines
In the event this Agreement is terminated by the funding board or director, under this section or any
other section after any portion of the grant amount has been paid to the sponsor under this
Agreement,the funding board or director may require that any amount paid be repaid to RCO for
redeposit into the account from which the funds were derived.
B. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the
availability of state and federal funds through legislative appropriation and state allotment. If amounts
sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure
for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining
unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of
Financial Management occurs. If RCO participation is suspended under this section for a continuous
period of one year, RCO's obligation to provide any future funding under this Agreement shall
terminate. Termination of the Agreement under this section is not subject to appeal by the sponsor.
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C. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten(10)days
written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in
part. If this Agreement is so terminated, RCO shall be liable only for payment required under the
terms of this Agreement for services rendered or goods delivered prior to the effective date of
termination.
SECTION 38. DISPUTE HEARING
Except as may otherwise be provided in this Agreement, when a dispute arises befinreen the sponsor and
the funding board, which cannot be resolved, either party may request a dispute hearing according to the
process set out in this section. Either party's request for a dispute hearing must be in writing and clearly
state:
A. The disputed issues;
B. The relative positions of the parties;
C. The sponsor's name, address, project title, and the assigned project number.
In order for this section to apply to the resolution of any specific dispute or disputes,the other party must
agree in writing that the procedure under this section shall be used to resolve those specific issues. The
dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor, one
person chosen by the director, and a third person chosen by the two persons initially appointed. If a third
person cannot be agreed on, the third person shall be chosen by the funding board's chair.
Any hearing under this section shall be informal, with the specific processes to be determined by the
disputes panel according to the nature and complexity of the issues involved. The process may be solely
based on written material if the parties so agree.The disputes panel shall be governed by the provisions
of this Agreement in deciding the disputes.
The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that
panel shall be without the authority of either or both parties to perForm, as necessary, or is otherwise
unlawFul.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other
party. The request shall be delivered or mailed within thirty(30)days of the date the requesting party has
received notice of the action or position of the other party which it wishes to dispute. The written
Agreement to use the process under this section for resolution of those issues shall be delivered or
mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving
party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
SECTION 39. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its
own attorney fees and costs.
SECTION 40. GOVERNING LAWIVENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington. tn the event of a lawsuit involving this Agreement, venue shall be in Thurston County
Superior Court if legally proper; otherwise venue shall be in a county where the project is situated.The
sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe,
the following governing law/venue applies:
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A. Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit
against a federally recognized Indian tribe relating to the performance, breach or enforcement of this
Agreement, it shall so notify the Tribe. If the Tribe believes that a good faith basis exists for subject
matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State within five days
of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State,the
State shall bring such lawsuit in federal court; otherwise the State may sue the Tribe in the Thurston
County Superior Court. Interpretation of the Agreement shall be according to applicable State law,
except to the extent preempted by federal or tribal law. In the event suit is brought in federal court
and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute
between the State and Tribal Party, then the parties agree to venue in Thurston County Superior
Court.
B. Any judicial award, determination, order, decree or other relief,whether in law or equity or otherwise,
resulting from such a lawsuit shall be binding and enforceable on the parties. Any money judgment
or award against a Tribe, tribal officers and members,or the State of Washington and its officers and
employees may exceed the amount provided for in Section F-Project Funding of the Agreement in
order to satisfy the judgment.
C. The Tribe hereby waives its sovereign immunity for suit in state court for the limited purpose of
allowing the State to bring such actions as it determines necessary to give effect to this section and to
the enforcement of any judgment relating to the performance, or breach of this Agreement. This
waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any
assignee of the parties. In any enforcement action, the parties shall bear their own enforcement
costs, including attorneys'fees.
For purposes of this provision, the State includes the RCO and any other state agencies that may be
assigned or otherwise obtain the right of the RCO to enforce this Agreement.
SECTION 41. SEVERABILITY
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the
Agreement.
W1NRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category)
Chapter 79A.15 RCW,Chapter 286 WAC Page 19 of 23
PROJAGR.RPT
Eligible Scope Activities
Project Sponsor: Project Number:
Project Title: Project Type:
Program Approval
Project Metrics
Project Acquisition
Project acres by purpose type:
Habitat Conservation 18.00
Public Access 32.00
Miles of shoreline protected: 1.00
Sites Improved
Project areas developed: 2.00
Project areas renovated: 0.00
Acquisition Metrics
Property: Worksite #1
Real Property
Land
Acres by Acreage Type(fee simple):
Uplands 17.00
Tidelands 33.00
Existing structures on site: No structures on site
Clean up of hazardous substances required(yes/no): Unknown
Incidentals
� Signs(Acq)
Number of permanent signs that identify site and funding partners 1
Development Metrics
Property: Worksite #1
Buildings and Structures
Construct/install restroom
Number of restrooms: 1 new,0 renovated
Select the restroom type: Vault toilets
General Site Improvements
Develop paths/walkways
Select the surface of the path/walkway: Compacted gravel
Linear feet of path/walkway: 1200
Walkway lighting provided(yes/no): No
Number of walkway bridges: 0 new,0 renovated
Develop viewpoint
Number of designated viewpoints: 1 new,0 renovated
Select the viewpoint structures: Benches/seating
Install signs/kiosk
Number of kiosks: 0 new,0 renovated
Number of interpretive signs/displays: 5 new,0 renovated
Number of permanent entrance signs: 1 new,0 renovated
Project involves installation of informational signs(yes/no):
ELIGREIM.RPT Date Page
Parking and Roads
Parking development
Number of vehicle parking stalls: 8 new,0 renovated
Number of vehicle with trailer parking stalls: 0 new,0 renovated ,
Number of accessible parking stalls:
Vehicle with trailers 0
Vehicle 1
Select the parking surfaces: Gravel
Select the parking enhancements: Entry gate,Wheel stops
ELIGREIM.RPT Date Page
Legal Description
Project Sponsor: Project Number:
Project Title: RCO Approval:
Worksite Name
Property Name
Legal Description
Worksite#1 �
The legal description of the property purchased with funding assistance provided through this Project
Agreement(and protected by a recorded Deed-of-Right)shall be amended into the Project Agreement prior to
reimbursement of the final payment.
LEGALDSC.RPT Date Page
Milestone Report by Project
Project Number:
Project Name:
Sponsor:
Project Manager:
. . -
. �. . �- . .
X Project Start 08/01/2014
Please provide the
X Baseline Documentation to RCO 10/01I2014 prelimary title report for the
property prior to closing
X Survey Complete 10I3112014
X Order Appraisal(s) 11/01/2014
X ! Progress Report Submitted 01/15I2015
X � Order Appraisal Review(s) 03/15/2015
X � Purchase Agreement Signed 03/31/2015
X � Acquisition Closing 06/30I2015
X Funding Acknowl Sign Posted 06/30/2015
X ! Progress Report Submitted 06/30/2015
X Recorded Acq Documents to RCO 07/30/2015
X � Annual Project Billing 07/31/2015
X � Cultural Resources Complete 12131/2015
X � Progress Report Submitted 01/15/2016
RCO Final Inspection 02/01l2016
! Agreement End Date 06/30/2016
Final Billing to RCO 07/31/2016
Final Report in PRISM 07/31/2016
X=Milestone Complete
!=Critical Milestone
1 MILESTO.RPT Date Page